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OCTOBER TERM 1997

Reference Index Contents: Page

Statistics ....................................................................................... II General .......................................................................................... III Appeals ......................................................................................... III Arguments ................................................................................... III Attorneys ...................................................................................... III Briefs ............................................................................................. IV Certiorari ..................................................................................... IV Costs .............................................................................................. V Judgments and Opinions ........................................................... V Original Cases ............................................................................. V Parties ........................................................................................... VI Records ......................................................................................... VI Rules ............................................................................................. VI Stays .............................................................................................. VI Conclusion .................................................................................... VI

(I)

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II

STATISTICS AS OF JUNE 26, 1998

In Forma Paid Original Pauperis Total Cases Cases

Number of cases on docket..................... 7 2432 5253 7692 Cases disposed of...................................... 1 2106 4611 6718

Remaining on docket ............. 6 326 642 974

Cases docketed during term: Paid cases............................................................................................ 2085 In forma pauperis cases.................................................................. 4694 Original cases ..................................................................................... 2 Total ..................................................................................................... 6781 Cases remaining from last term ............................................................... 911 Total cases on the docket........................................................................... 7692 Cases disposed of......................................................................................... 6718 Number remaining on docket.................................................................... 974 Petitions for certiorari granted: In paid cases ....................................................................................... 72 In forma pauperis cases.................................................................. 14 Appeals granted: In paid cases............................................................................. 3 Total cases granted plenary review............................................... 89 * Cases argued during term......................................................................... 96 Number disposed of by full opinions ............................................. 93 Number disposed of by per curiam opinions .............................. 1 Number set for reargument next term......................................... 0 Cases available for argument at beginning of term............................. 48 Disposed of summarily after review was granted ................................ 1 Original cases set for argument ............................................................... 1 Cases reviewed and decided without oral argument ........................... 51 Total cases available for argument at start of next term................... 41

Number of written opinions of the Court............................................... 91 Per Curiam opinions in argued cases..................................................... 1

Number of lawyers admitted to practice as of June 26, 1998: On written motion ............................................................................. 2778 On oral motion.................................................................................... 1633 Total ................................................................................................ 4411 * Includes those granted after the Court recessed on July 1, 1997.

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III

GENERAL: Page 1996 Term closed and 1997 Term convened October 6, 1997; adjourned October 5, 1998 ........................................ 1 Brennan, J. (Retired) Announcement of death on July 24, 1997; Resolutions of Bar presented............................. 1, 823 Chief Justice and Breyer, J. absent from Bench.................. 955 Four Justices on bench to release orders and announce opinions ................................................................................... 765 House, Toni. Public Information Officer. Died Septem- ber 29, 1998. Powell, J. (Retired) Died August 25, 1998, at home in Richmond, Virginia; funeral at Grace Covenant Pres- byterian Church; burial in Hollywood Cemetery, Rich- mond, Virginia, August 31, 1998. All sitting Justices, including White, J. (Retired), attended services. Three Justices on bench to release orders............................ 675 Wallace, Lawrence G. Argues 141st case. Remarks by Chief Justice (961470) ........................................................ 350 Waxman, Seth P. Acting Solicitor General presented by Attorney General Reno ....................................................... 1 White, J. (Retired) Assigned to Ninth Circuit.................. 423 APPEALS: Motion of parties to expedite case granted, briefing sched- ule set, argument set for April 27, 1999; argued (97 1374)..................................................................................... 553, 759 Motion of parties to expedite case granted, briefing schedule set, argument set for November 30, 1998 (Census case) (98404) ......................................................... 1009 ARGUMENTS: Case argued by attorney pro se (961370; 961426)....... 236, 240 ATTORNEYS: Attorney invited to brief and argue case as amicus curiae against Court's jurisdiction; argued (968986)............ 209, 573 Attorney invited to brief and argue case as amicus curiae in support of judgment below (968516; 975737)...... 297, 481 Attorney permitted to resign (D1840; D1843; D1858; D1870; D1890, D1893; D1929; D1935; D1965; D 1971; D1980; D1974)..................................................... 198, 230, 284, 454, 534, 724, 870, 973, 991, 993, 1002

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IV

ATTORNEYS-Continued Bosley, Dale. Marshal of Court. Moved admission of six family members............................................................... 151 Motion for appointment of counsel granted (961769; 96 8516; 968732; 968732; 968732, 97215; 968732; 968837; 968422; 97643, 976146; 97300).................... 5, 212, 245, 301, 336, 388, 441, 490, 491, 556 Motion to substitute appointed counsel granted (961769) 185 BRIEFS: Motion to strike supplemental brief granted (961581)..... 336 Solicitor General invited to file amicus curiae brief within 5 days (Paraguay requests stay of execution of a national); petitions denied (971390, 978214, 97 8660, 125, Orig.)................................................................. 695, 699 CERTIORARI: Certiorari denied in capital case, statement by Souter, J., joined by three others (977521)........................................ 532 Certiorari denied, three justices would remand on state court case (97471)................................................................ 417 Certiorari granted; CA judgment vacated and case re- manded without argument (971620) ............................ 884, 995 Certiorari granted; United States represented by Inde- pendent Counsel Starr, expedited briefing schedule set, argument set for June 8, 1999; argued; opinion announced (971192) ........................................................ 654, 692, 902, 954 Eight petitions granted, cases consolidated for briefing and oral argument; briefing schedule set; additional time allotted for oral argument and order of allocation; divided argument allowed (96826, 97829, 97830, 97 831, 971075, 971087, 971099, 971141) ..................... 464, 487, 833, 956 Leave granted to file petition under seal with redacted copies for public record (M1) ............................................ 3 Motion to dismiss as improvidently granted denied (97 7597; 971472) .................................................................... 991, 993 Motions to expedite consideration of petitions granted (97826, 97829, 97831)....................................................... 388

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V

CERTIORARI-Continued Petitions for writs of certiorari before judgment denied, assuming Court of Appeals will proceed expeditiously to decide the cases (971924, 971942) .............................. 881 Petitions from two different circuits granted and consoli- dated for briefing and oral argument (961654, 968837) .................................................................................. 359 Rule 12.4 case granted (971147)............................................ 580 COSTS: Leave to proceed as a seaman granted (971234) ............... 664 Leave to waive $2500 fee limitation under the Criminal Justice Act denied (968732) .............................................. 929 JUDGMENTS AND OPINIONS: CA judgment reversed and case remanded with instruc- tions that complaint be dismissed (97391)...................... 850 Judgment of Court announced by Stevens, J., and deliv- ered an opinion in which Chief Justice joins (961060) 739 Order of CA issuing writ of mandamus reversed. Opin- ion per curiam (97954)....................................................... 611 Writ dismissed as improvidently granted in plurality opinion (961279)................................................................... 435 Writ dismissed as improvidently granted. Opinion per curiam announced by Stevens, J. (97501) ...................... 778 Writ dismissed for want of jurisdiction in signed opinion (96957)................................................................................... 353 ORIGINAL CASES: 65, Original. Motion of River Master for fees and ex- penses granted .......................................... 157, 906 105, Original. Second Report of Special Master filed, briefing schedule set; motion of Special Master for fees and expenses granted; exceptions overruled without prejudice to renewal of these exceptions .......... 4, 361, 441 108, Original. Motion of Special Master for fees and ex- penses granted............................................... 361 120, Original. Acting Solicitor General granted leave to participate in oral argument; argued; opinion by Souter, J. announced; re- hearing denied .......................... 157, 431, 850, 983

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VI

ORIGINAL CASES-Continued 125, Original. Leave to file bill of complaint denied in opinion per curiam, consolidated with three petitions (978214, 971390, 978660) 699 PARTIES: United States substituted as respondent (968516) ........... 388 RECORDS: Motions of parties to enlarge record granted (967901).... 5 Motion of parties to expand record granted; motion granted to allow joint stipulation into record (96 1584)..................................................................................... 336, 361 RULES: Argued case dismissed under Rule 46 on March 23, 1998 (961925) ................................................................................. 458 Argued case dismissed under Rule 46 on May 15, 1998 (97288) ................................................................................... 569 Federal Rules of Appellate Procedure amended................. 741 Federal Rules of Civil Procedure amended ......................... 741 Federal Rules of Criminal Procedure amended .................. 741 Federal Rules of Evidence amended ..................................... 742 STAYS: Stay of execution pending action on petition for cer- tiorari granted (977521; 985864)............................... 437, 1011 Stay pending appeal granted (A-490); probable jurisdic- tion noted (971396).......................................................... 461, 743 CONCLUSION: Call of calendar suspended, except for case scheduled for June 8, 1998............................................................................ 756 Last recess order and closing remarks by Stevens, J. on June 26, 1998.......................................................................... 974 Last order of Term released September 29, 1998 (986139)................................................................................. 1022

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(JOURNAL) MONDAY, OCTOBER 6, 1997 1 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer. The Chief Justice said: "I have the honor to announce, on behalf of the Court, that the Octo- ber 1996 Term of the Supreme Court of the United States is now closed, and the October 1997 Term is now convened. The Court now recognizes the Attorney General, Janet Reno." The Attorney General said: "Mr. Chief Justice, and may it please the Court. I have the honor to present to the Court the Acting Solicitor General, Seth P. Waxman of the District of Columbia." The Chief Justice said: "Mr. Acting Solicitor General, the Court welcomes you to the per- formance of the important office that you have assumed, to represent the government of the United States before this Court. We wish you well in your office. "As we open this morning, I note with sadness that our friend and colleague, William Joseph Brennan, Jr., a retired Justice of this Court, died on July 24, 1997, at Arlington, Virginia. "Born in Newark, New Jersey, on April 25, 1906, William Brennan was the second of eight children born to Irish parents who emigrated to the United States in 1890. An outstanding student from an early age, he was an honor student of the Wharton School of the University of Pennsylvania and graduated high in his class at Harvard Law School. "Justice Brennan joined a prominent New Jersey law firm where he specialized in labor law. He was an Army officer during World War II and served on the staff of the Undersecretary of War. Following a brief return to private practice after the war, he began his judicial career. He moved rapidly from the state trial bench to the New Jersey Su- preme Court. President Eisenhower nominated him to this Court in 1956. "Justice Brennan authored many landmark opinions while on the bench of this Court. He became a champion of an expansive view of constitutional protection of individual rights. Following his retirement in 1990 after 33 years on this bench, Justice Brennan often frequented

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2 MONDAY, OCTOBER 6, 1997 the building and continued a warm relationship with his former colleagues. "The members of this Court will greatly miss Justice Brennan's wit and his friendly, buoyant spirit, and I speak for them in expressing our profound sympathy to Mrs. Brennan, to his daughter and two sons, and to all those whose lives were touched by this remarkable man. The recess the Court takes this month will be in his memory. At an appro- priate time, the traditional memorial observance of the Court and the Bar of this Court will be held in this Courtroom. "Today's orders of the Court have been certified by The Chief Jus- tice, filed with the Clerk, and will not be announced orally." Appeals-Summary Disposition No. 961680. Sheldon Silver, Speaker of the House for the New York State Assembly, et al., Appellants v. Angel Diaz, et al.; No. 961904. Luis Garden Acosta and Margarita Lopez, Appellants v. Angel Diaz, et al.; and No. 962008. Peter Lau and John Kuo Wei Tchen, Appellants v. Angel Diaz, et al. Appeals from the United States District Court for the Eastern District of New York. Judgment affirmed. Certiorari-Summary Disposition No. 961598. Michael O'Leary, et al., Petitioners v. John Mack, et al. On petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit. Motion of respondent John Mack for leave to proceed in forma pauperis granted. Petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Seventh Circuit for further consideration in light of City of Boerne v. Flores, 521 U. S. (1997). No. 961853. Burlington Northern Railroad Company, Petitioner v. Estate of Red Wolf, et al. On petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Ninth Circuit for further con- sideration in light of Strate v. A1 Contractors, 520 U. S. (1997). No. 968308. Anthony Lancaster, Petitioner v. Florida. On petition for writ of certiorari to the Supreme Court of Florida. Motion of peti- tioner for leave to proceed in forma pauperis and petition for writ of certiorari granted. Judgment vacated, and case remanded to the Su- preme Court of Florida for further consideration in light of Lynce v. Mathis, 519 U. S. (1997).

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MONDAY, OCTOBER 6, 1997 3 No. 968531. Herman Edward Lamb, Jr., Petitioner v. Harry K. Sin- gletary, Jr., Secretary, Florida Department of Corrections. On petition for writ of certiorari to the Supreme Court of Florida. Motion of peti- tioner for leave to proceed in forma pauperis and petition for writ of certiorari granted. Judgment vacated, and case remanded to the Su- preme Court of Florida for further consideration in light of Lynce v. Mathis, 519 U. S. (1997). No. 968978. Francisco Gomez, Petitioner v. George DeTella, War- den. On petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit. Motion of petitioner for leave to pro- ceed in forma pauperis and petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Seventh Circuit for further consideration in light of Lindh v. Murphy, 521 U. S. (1997). No. 969072. Jimmy Ray Pitsonbarger, Petitioner v. Richard Gram- ley, Warden. On petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Seventh Circuit for further consideration in light of Lindh v. Murphy, 521 U. S. (1997).

Orders in Pending Cases

No. A196. George Lynch, et al., Applicants v. United States. Appli- cation for stay addressed to Justice Thomas and referred to the Court denied. No. M1. Hector Guerrero-Martinez, Petitioner v. United States. Mo- tion for leave to file a petition for writ of certiorari under seal with redacted copies for the public record granted. No. M2. David D. Webster, Petitioner v. Indiana. Motion for leave to proceed in forma pauperis without an affidavit of indigency exe- cuted by petitioner denied. No. M3. Jack Reynolds, Petitioner v. Paul Caspari, Superintendent, Missouri Eastern Correctional Center, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time under Rule 14.5 denied. No. M4. Kenneth Leon Milton, Petitioner v. Southwestern Bell Telephone Company. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied.

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4 MONDAY, OCTOBER 6, 1997 No. M5. Lester C. Molson, et ux., Petitioners v. Standard Federal Bank. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M6. Marylouise A. Martinez, Petitioner v. Office of Personnel Management. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M7. Norman Bardsley, Petitioner v. Powell, Trachtman, Logan, Carrle & Bowman, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M10. Pamela McKay, Petitioner v. Toyota Motor Manufacturing, U.S.A., Inc. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M11. Harold F. Pearson, III, Petitioner v. John Hancock Mutual Life Insurance Company. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M13. Valerie S. Weiss, Petitioner v. La Terraza Apartments. Motion to direct the Clerk to file a petition for writ of certiorari out-of- time denied. No. M14. Jerald W. Boitnott, Petitioner v. Craig Cascarano. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M15. Hwa Ja Kim, et al., Petitioners v. Wills & Van Metre, Inc. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M8. Paul A. Bilzerian, Petitioner v. HSSM #7 Limited Partner- ship. Motion to direct the Clerk to file a petition for writ of certiorari with an appendix not in compliance with Rule 33.1 denied. No. 105, Original. State of Kansas, Plaintiff v. State of Colorado. The Second Report of the Special Master is received and ordered filed. Exceptions to the Report with supporting briefs may be filed within 45 days. Replies, if any, with supporting briefs may be filed within 30 days. No. 96552. Rachel Agostini, et al., Petitioners v. Betty-Louise Fel- ton, et al.; and No. 96553. Chancellor, Board of Education of the City of New York, et al., Petitioners v. Betty-Louise Felton, et al. Motion of respondents to retax costs denied. No. 961163. Mallott & Peterson and Industrial Indemnity Com- pany, Petitioners v. Beatrice Stadtmiller, et al. Motion of respondent

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MONDAY, OCTOBER 6, 1997 5 Beatrice Stadtmiller for attorneys' fees denied without prejudice to refiling in the United States Court of Appeals for the Ninth Circuit. No. 961570. NYNEX Corporation, et al., Petitioners v. Discon, In- corporated. The Solicitor General is invited to file a brief in this case expressing the views of the United States. No. 961793. Cedar Rapids Community School District, Petitioner v. Garret F., a Minor By His Mother and Next Friend, Charlene F. The Solicitor General is invited to file a brief in this case expressing the views of the United States. No. 9749. Portland General Electric Company, Petitioner v. Colum- bia Steel Casting Co., Inc. The Solicitor General is invited to file a brief in this case expressing the views of the United States. No. 97144. Steve Pearson, Petitioner v. Gary Dale Hines. The Solici- tor General is invited to file a brief in this case expressing the views of the United States. No. 961579. James Brogan, Petitioner v. United States. Motion of respondent Reinaldo Roman for leave to proceed further herein in forma pauperis granted. No. 961769. Ohio Adult Parole Authority, et al., Petitioners v. Eu- gene Woodard. Motion for appointment of counsel granted, and it is ordered that Michael J. Benza, Esquire, of Columbus, Ohio, is appointed to serve as counsel for the respondent in this case. No. 961936. Fairport International Exploration, Inc., Petitioner v. Shipwrecked Vessel Known as The Captain Lawrence, in rem, et al. Motion of Columbus-America Discovery Group, Inc., for leave to file a brief as amicus curiae granted. No. 961962. Sylvia Cohen, Petitioner v. Little Six, Inc., dba Mystic Lake Casino. Motion of respondent for sanctions denied. No. 967901. Richard F. Trest, Petitioner v. Burl Cain, Warden. Mo- tion of petitioner to enlarge the record granted. Motion of respondent to enlarge the record granted. No. 969413. In Re Melvin Leroy Tyler, Petitioner. Motion of peti- tioner for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner is allowed until October 27, 1997, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compli- ance with Rule 33.1 of the Rules of this Court. No. 969513. Lorenzo Arteaga, Petitioner v. California. Motion of petitioner for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner is allowed until October 27, 1997, within which to pay

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6 MONDAY, OCTOBER 6, 1997 the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court. No. 97472. Bill Jones, Secretary of State of California, Petitioner v. Tom Bates, et al. Motion of petitioner to expedite consideration of the petition for certiorari denied. No. 975051. Michael B. DiGiovanni, Petitioner v. Pennsylvania. Mo- tion of petitioner for leave to proceed in forma pauperis denied. Peti- tioner is allowed until October 27, 1997, within which to pay the docket- ing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court. No. 975124. In Re Melvin Leroy Tyler, Petitioner. Motion of peti- tioner for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner is allowed until October 27, 1997, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compli- ance with Rule 33.1 of the Rules of this Court. No. 975299. Stephen v. Talmage, Petitioner v. Commissioner of In- ternal Revenue. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner is allowed until October 27, 1997, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court. No. 975685. Dwight B., Plaintiff v. Jerry Lynn C. Application for stay addressed to Justice Ginsburg and referred to the Court denied. No. 975770. In Re Philip Ernest Johnson, Petitioner. Motion of peti- tioner for leave to proceed in forma pauperis denied. Petitioner is allowed until October 27, 1997, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.

Certiorari Denied

No. 961440. Byron Still, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 961550. Maryland State Department of Education, Division of Rehabilitation Services, Petitioner v. Department of Veterans Affairs, et al.; and No. 961551. National Federation of the Blind, et al., Petitioners v. Department of Veterans Affairs, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

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MONDAY, OCTOBER 6, 1997 7 No. 961556. Steven G. Lough, Petitioner v. Brunswick Corporation, dba Mercury Marine. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 961557. John E. Calhoon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 961559. Charles Owens, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 961595. Arizona, et al., Petitioners v. United States, et al.; and No. 961596. California, et al., Petitioners v. United States, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 961607. Duwamish Indian Tribe, et al., Petitioners v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 961614. Lorraine Loder, Petitioner v. City of Glendale, et al.; and No. 961814. City of Glendale, et al., Petitioners v. Lorraine Loder. Petitions for writs of certiorari to the Supreme Court of California denied. No. 961617. Pueblo of Santa Ana, et al., Petitioners v. John J. Kelly, United States Attorney for the District of New Mexico, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 961627. Theodore Van Zelst, et ux., et al., Petitioners v. Com- missioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 961648. Richard F. Richenberg, Jr., Petitioner v. William S. Cohen, Secretary of Defense, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 961653. Joe Omorodion Osaren, Petitioner v. Immigration and Naturalization Service. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 961661. Amcor Capital Corporation, et al., Petitioners v. Wil- bur Goolkasian, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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8 MONDAY, OCTOBER 6, 1997 No. 961695. Attala County, et al., Petitioners v. Bernard Teague, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. No. 961703. Bush & Burchett, Inc., Petitioner v. Alexis M. Herman, Seretary of Labor, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 961717. Free Air Corporation, Petitioner v. Federal Communi- cations Commission. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 961720. Phillip Jerome Jones, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Ninth District, denied. No. 961733. Winifred Feezor, et al., Petitioners v. Bruce Babbitt, Secretary of Interior, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 961738. Raymond Rybar, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 961740. Geske and Sons, Inc., Petitioner v. National Labor Re- lations Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 961743. Johnson & Higgins, Inc., Petitioner v. Equal Employ- ment Opportunity Commission. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 961753. County of Napa, Petitioner v. Violet M. Schutt. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 961758. Shirley McClure, et vir, Petitioners v. City of Long Beach, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 961759. William Joseph Kirk, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 961760. Rich Hill, et ux., Petitioners v. Gateway 2000, Inc., and David Prais. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 961762. Washington Restaurant Management, Inc., Petitioner v. Vons Companies, Inc. Petition for writ of certiorari to the Supreme Court of California denied.

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MONDAY, OCTOBER 6, 1997 9 No. 961763. Marshall Spiegel, Petitioner v. James Mescall, et al. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 961764. Marshall Spiegel, et ux., Petitioners v. Hollywood Towers Condominium Association, et al. Petition for writ of certiorari to the Appellate Court of Illinois, Second District, denied. No. 961770. Robert C. Miller, et al., Petitioners v. Diane Provenz, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 961772. Stephen Flick, Petitioner v. Weddington Productions, Inc. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 961773. Astoria Federal Savings & Loan Association, Peti- tioner v. New York, et al. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied. No. 961782. Cheryl Adams, et al., Petitioners v. Cumberland Farms, Inc., et al. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied. No. 961785. Discon, Incorporated, Petitioner v. NYNEX Corpora- tion, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 961786. Illinois, Petitioner v. Paul Krueger. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 961787. Dana Corporation, Parish Division, Petitioner v. Rob- ert Lee Newton. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 961788. Citizens United, Petitioner v. United States, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 961789. Samuel Martinez-Serrano, Petitioner v. Immigration and Naturalization Service. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 961791. Gene Flinn, Petitioner v. Prudential Property and Cas- ualty Insurance Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 961792. Brian Overbeek, Petitioner v. Charles Heimbecker, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

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10 MONDAY, OCTOBER 6, 1997 No. 961794. Soon Duck Kim, Man Suk Jun, and In Myung Jun, Petitioners v. City of New York. Petition for writ of certiorari to the Court of Appeals of New York denied. No. 961795. Charlotte A. Dorand, Petitioner v. Right Up Your Alley, Inc., and Arlene L. Creely. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 961797. Robert C. Henson, Petitioner v. City of Greensboro. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 961798. Christina Leap, et al., Petitioners v. Paul Malone, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 961799. George F. Reidy, et al., Petitioners v. Travelers Insur- ance Company. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 961800. Jane Rini, Petitioner v. United Van Lines, Inc. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 961801. Debra M. Smolko, Petitioner v. GTE Service Corpora- tion. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. No. 961802. Donna Durham, Petitioner v. Health Net, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 961804. David L. C. Hwang, Petitioner v. Robert G. Harris, et al. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. No. 961805. Promise Doe, et al., Petitioners v. Don Sundquist, Gov- ernor of Tennessee, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 961806. Maryland Psychiatric Society, Inc., Petitioner v. Martin P. Wasserman, Secretary, Maryland Department of Health and Mental Hygiene, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 961809. Scot A. Reinert, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadel- phia Office, denied.

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MONDAY, OCTOBER 6, 1997 11 No. 961813. IBP, Inc., and Diane Arndt, Petitioners v. Kevin Wil- son. Petition for writ of certiorari to the Supreme Court of Iowa denied. No. 961815. Johnie Vollert, Petitioner v. City of Houston. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 961816. Albert G. Prodell, et al., Petitioners v. New York, et al. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Third Judicial Department, denied. No. 961818. Federal Election Commission, Petitioner v. Maine Right To Life Committee, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 961819. John Doe, Petitioner v. Massachusetts Department of Social Services, et al. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied. No. 961820. H. Jason Gold, etc., et al., Petitioners v. Panalpina, Inc., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. No. 961821. Willie Brown, et ux., Petitioners v. Donna E. Shalala, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 961822. Lawrence Rosano, Petitioner v. Adelphi University, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 961826. Joseph Benedict Halash, Petitioner v. Michigan. Peti- tion for writ of certiorari to the Circuit Court of Michigan, Wayne County, denied. No. 961827. Earl Gene Hess, Jr., on Behalf of James G. Hess, and Elizabeth G. Hess, Minors, Petitioner v. Patricia Louise Hess. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 961828. Amanda Chaparro, Petitioner v. IBP, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 961831. Dale Robertson, et ux., Petitioners v. City of South Gate, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

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12 MONDAY, OCTOBER 6, 1997 No. 961832. Cynthia Smith, Petitioner v. Blue Cross Blue Shield of Kansas, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 961833. Cliff Gardner, et ux., Petitioners v. D. Waive Stager, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 961836. Jeffrey Brochu, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Fourteenth District, denied. No. 961837. Houston Brokerage, Inc., et al., Petitioners v. Nathan McDonald, et ux., etc., et al. Petition for writ of certiorari to the Court of Appeals of Texas, Thirteenth District, denied. No. 961838. Mark F. Alexander, Petitioner v. Rush North Shore Medical Center. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 961840. Robert Lynn Cochran, Petitioner v. Planned Parent- hood Association of San Mateo County, et al. Petition for writ of certio- rari to the Court of Appeal of California, First Appellate District, denied. No. 961841. Louisiana, et al., Petitioners v. Jennifer Mistretta, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 961843. David L. Smith, Petitioner v. United States Court of Appeals for the Tenth Circuit, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 961844. MMP Investments, Inc., Petitioner v. Lander Co., Inc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 961847. New Mexico Energy, Minerals and Natural Resources Department, et al., Petitioners v. Federal Energy Regulatory Commis- sion, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 961848. Regina Yoder, et vir, Petitioners v. Honeywell, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 961849. John H. Lary, Jr., Petitioner v. Shirley S. Chater, Com- missioner of Social Security, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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MONDAY, OCTOBER 6, 1997 13 No. 961851. Virgil Jones, Petitioner v. Ronald Watson, J. Volland, and W. Stec. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 961854. Anthony W. Cvelbar, Petitioner v. CBI-Illinois, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 961855. Matti I. Schultz, Petitioner v. McDonnell Douglas Cor- poration. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 961856. Albin A. Rhomberg, et al., Petitioners v. Pete Wilson, Governor of California, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 961858. Shelley K. Cole, Petitioner v. Kimberly-Clark Corpora- tion. Petition for writ of certiorari to the United States Court of Ap- peals for the Federal Circuit denied. No. 961860. Homer Hanrahan, Petitioner v. James K. Williams, et al. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 961861. Charles R. Fetty, et al., Petitioners v. Pension Benefit Guaranty Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 961862. First Jersey Securities, Inc., and Robert E. Brennan, Petitioners v. Securities and Exchange Commission. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 961863. John J. Hindera, Petitioner v. Khi v. Thai, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 961864. Stephen Charles Frohne, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, First District, denied. No. 961867. Libertarian Party of Florida, et al., Petitioners v. Jim Smith, Florida Secretary of State, et al. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 961871. Winfred L. Maxwell, Petitioner v. William Bratton, Po- lice Commissioner, New York City Police Department, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

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14 MONDAY, OCTOBER 6, 1997 No. 961874. Charita D. Chalmers, Petitioner v. Tulon Company of Richmond. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 961875. Ottie Hooker, Petitioner v. Producers Tractor Com- pany. Petition for writ of certiorari to the Supreme Court of Arkan- sas denied. No. 961877. Thomas M. Fields, Petitioner v. Estate of Irving L. Fields, et al. Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth District, denied. No. 961878. Omni Homes, Inc., Petitioner v. Board of Supervisors, Prince William County, Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 961879. Darlene C. Sammarco, Petitioner v. Ford Motor Com- pany. Petition for writ of certiorari to the Supreme Court of Minne- sota denied. No. 961881. Joseph F. Gazza, Petitioner v. New York Department of Environmental Conservation. Petition for writ of certiorari to the Court of Appeals of New York denied. No. 961882. Lars W. Ehrlander, Petitioner v. Department of Trans- portation of Alaska, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 961883. H. Thomas Fehn, Petitioner v. Securities and Exchange Commission. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 961885. Frillz, Inc., Petitioner v. Aida Alvarez, Administrator of Small Business Administration. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 961886. Carolyn Becker, Petitioner v. Federico Pena, Secretary of Energy, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 961887. Florence Zschach, et al., Petitioners v. Lucas, Prender- gast, Albright, Gibson & Newman, et al. Petition for writ of certiorari to the Court of Appeals of Ohio, Franklin County, denied. No. 961888. Tyson E. Tatum, Petitioner v. Vanliner Insurance Com- pany of Fenton, Missouri. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 961889. Musco Corporation and Musco Sports Lighting, Inc., Petitioner v. Qualite, Inc., dba Qualite Sports Lighting, Inc. Petition

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MONDAY, OCTOBER 6, 1997 15 for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 961890. Hector Berellez, Bill Waters, Pete Gruden, and Jack Lawn, Petitioners v. Humberto Alvarez-Machain. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 961891. M. R. Mikkilineni, General Partner of Talasila, Peti- tioner v. City of Houston, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 961892. Gerald J. McLamb, Petitioner v. Arizona. Petition for writ of certiorari to the Court of Appeals of Arizona, Division One, denied. No. 961893. Lynn Allan Jenkins, Petitioner v. Eighth District Court Clerks, et al. Petition for writ of certiorari to the Supreme Court of Utah denied. No. 961894. James A. Tanford, et al., Petitioners v. Myles Brand, President of Indiana University, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 961895. MW Ag, Inc., et al., Petitioners v. New Hampshire Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 961897. Mid South Controls and Services, Inc., Petitioner v. Earl J. Hebert, Jr. Petition for writ of certiorari to the Court of Appeal of Louisiana, Third Circuit, denied. No. 961900. Arizona, Petitioner v. Travis S. Wright. Petition for writ of certiorari to the Court of Appeals of Arizona, Division One, denied. No. 961901. Alan D. Emerson, dba Emerson Aviation, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 961902. James E. Butler, Jr., Petitioner v. General Motors Cor- poration. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 961905. Rainbow Group, Ltd., and Alan Sager, Petitioners v. Jennifer Casey, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 961906. Steven Lowe, Petitioner v. Nueces County, Texas. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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16 MONDAY, OCTOBER 6, 1997 No. 961907. Dennis Olivares, Petitioner v. National Aeronautics and Space Administration. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 961908. Peter M. McDevitt, Petitioner v. Disciplinary Board of the Supreme Court of New Mexico, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 961909. Hugh Foster, Petitioner v. International Business Ma- chines Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 961910. Maria Felinska, Petitioner v. New England Teamsters and Trucking Industry Pension Fund. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 961911. Douglas L. Nicholson, Petitioner v. Nevada State Bar. Petition for writ of certiorari to the Supreme Court of Nevada denied. No. 961912. Rodney Wagstaff, Petitioner v. Virginia. Petition for writ of certiorari to the Court of Appeals of Virginia denied. No. 961913. W. L. Hodge, Petitioner v. John H. Dalton, Secretary of the Navy. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 961914. Frank A. Delnero, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 961915. Michael P. Kelly, et al., Petitioners v. Dionne Staples, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 961916. Quinn-L Capital Corporation, et al., Petitioners v. Royal Insurance Company of America, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Fifth Circuit denied. No. 961917. Delores Hawkins, Individually, and as Personal Repre- sentative of the Estate of Elva Mae Gilliam, Deceased, Petitioner v. McNeil Pharmaceutical. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 961919. DP Partners, Limited Partnership, and Sussex Proper- ties, Inc., Petitioners v. Hall Financial Group, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 961920. In Re Peter Adrian Acuna, Petitioner. Petition for writ of certiorari to the Supreme Court of California denied.

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MONDAY, OCTOBER 6, 1997 17 No. 961924. Bradley Kent Knox, Petitioner v. Nevada Department of Motor Vehicles and Public Safety. Petition for writ of certiorari to the Supreme Court of Nevada denied. No. 961926. Geraldine Williams, et vir, Petitioners v. Franklin First Federal Savings Bank, et al. Petition for writ of certiorari to the Supe- rior Court of Pennsylvania, Philadelphia Office, denied. No. 961927. City of Dallas, Willard Rollins, and Richard Hatler, Petitioners v. Richard Kirks and Jan Forsyth. Petition for writ of cer- tiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 961928. Lower Brule Sioux Tribe, Petitioner v. South Dakota. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 961929. Donald Green, Petitioner v. Philadelphia Housing Au- thority, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 961930. Clark Garen, Petitioner v. Supreme Court of Washing- ton, and Washington State Bar Association. Petition for writ of certio- rari to the Supreme Court of Washington denied. No. 961932. Louis M. Mainiero, Petitioner v. Eurial K. Jordan, Ad- ministrator, Wisconsin Department of Probation and Parole, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 961933. E. F., a Minor, By and Through Mississippi Protection and Advocacy System, Inc., etc., et al., Petitioners v. Brenda Scafidi, Director, Division of Children and Youth Services, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 961934. Beverly Health and Rehabilitation Services, Inc., Peti- tioner v. Frederick L. Feinstein, General Counsel, National Labor Re- lations Board. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 961935. Marshall Spiegel, Petitioner v. City of Chicago, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 961937. Jackson Square Associates, Petitioner v. Department of Housing and Urban Development, etc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 961938. WesBanco Bank Barnesville, fka The First National Bank of Barnesville, Petitioner v. Customer Creditors. Petition for writ

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18 MONDAY, OCTOBER 6, 1997 of certiorari to the United States Court of Appeals for the Sixth Cir- cuit denied. No. 961939. Lawrence Norton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 961940. Jaques Admiralty Law Firm, Petitioner v. ACandS, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 961941. Jeffrey Theodore Kitze, Petitioner v. Virginia. Petition for writ of certiorari to the Court of Appeals of Virginia denied. No. 961942. CMI, Inc., Petitioner v. Intoximeters, Inc., et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 961943. Fred Stallworth, Petitioner v. Alexis Herman, Secre- tary of Labor. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 961944. Thomas P. Norton, et al., Petitioners v. Federal Trade Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 961945. Robert W. Musser, Petitioner v. Doug Damrow, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 961946. Parker M. Nielson, Petitioner v. Syrett Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 961947. John J. Stanton, Petitioner v. District of Columbia Court of Appeals. Petition for writ of certiorari to the District of Co- lumbia Court of Appeals denied. No. 961949. Claude I. Smelser, Petitioner v. Norfolk and Western Railway Company. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 961950. Vipin Trivedi, Petitioner v. Thomas Cooper. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 961951. Janet L. Vaught, et al., Petitioners v. Showa Denko, K. K., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 961952. G. A. Holt, Petitioner v. Joseph O. Lewis, Joseph O. Dean, William E. Hull, and Samford University. Petition for writ of

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MONDAY, OCTOBER 6, 1997 19 certiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied. No. 961953. Tracy Dionne Knox, et vir, Petitioners v. Sandoz Phar- maceuticals Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 961954. Franklin Ballenger, Petitioner v. North Carolina. Peti- tion for writ of certiorari to the Supreme Court of North Carolina denied. No. 961955. Holsum Bakers of Puerto Rico, Inc., Petitioner v. Na- tional Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 961956. Richard A. Cole, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 961958. City of Oceanside and John Mamaux, Petitioners v. William Shafer. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. No. 961959. Margaret Mayer, Executrix of the Estate of James E. Mayer, Deceased, Petitioner v. Cornell University and Laura Brown. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 961960. Wang Laboratories, Inc., Petitioner v. Mitsubishi Elec- tronics America, Inc., and Mitsubishi Electric Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 961961. Elizabeth Gordon, Petitioner v. Board of Education for the City of New York. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 961964. James A. Merriam, Petitioner v. United States; and No. 975255. Harold B. Hayes, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 961965. Theresa Martin, Petitioner v. Shaw's Supermarkets, Inc. Petition for writ of certiorari to the United States Court of Ap- peals for the First Circuit denied. No. 961966. Valsamis, Inc., et al., Petitioners v. Cornhill Insurance PLC, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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20 MONDAY, OCTOBER 6, 1997 No. 961967. Aroma Manufacturing, Inc., Petitioner v. Alternative Pioneering Systems, Inc., dba American Harvest; and Aroma Manufac- turing, Inc., Petitioner v. Alternative Pioneering Systems, Inc., dba American Harvest. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 961968. Mortimer L. Grant, Petitioner v. Commissioner of In- ternal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 961969. River Oaks Furniture, Inc., et al., Petitioners v. Harold S. Ansin, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 961970. Mukesh Shretta and Gold Rush, III, Inc., dba Club Taj Mahal, Petitioners v. City of Marietta, et al.; and No. 962035. Varsalona's Italian Restaurant, dba Boomer's, et al., Petitioners v. City of Marietta, et al. Petitions for writs of certiorari to the Supreme Court of Georgia denied. No. 961972. Richard T. Derthick, et al., Petitioners v. Bassett- Waslker, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 961973. Friedrich Lu, Petitioner v. David F. Hadlock, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 961974. Credicorp, Inc., et al., Petitioners v. Department of Banking and Finance of Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 961975. Ronald Coulter, et ux., et al., Petitioners v. Metropoli- tan Life Insurance Company; Douglas Smith, Petitioner v. Metropoli- tan Life Insurance Company; and Joseph Corriere, et ux., Petitioners v. Metropolitan Life Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 961976. Flor Maria Soto, Petitioner v. Carlos Flores, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 961977. Leonard Gene Lied, Petitioner v. United States; No. 969480. Maxwell Gene Wallace, Petitioner v. United States; No. 97320. Ruben Gallegos, Petitioner v. United States; and No. 975688. Arturo Pena-Rodriguez, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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MONDAY, OCTOBER 6, 1997 21 No. 961978. Charlene C. Ramos, Petitioner v. William J. Nemetz, and Todd Frey. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 961979. Adrian Hennon, Petitioner v. Keith Cooper, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 961980. John L. Del Buono, Petitioner v. Patricia Reynolds Weigel, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 961981. Barbara Bell, Petitioner v. Planned Parenthood League of Massachusetts, Inc. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied. No. 961983. Keith O. Cobb, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 961984. Crow Tribe of Indians, Petitioner v. Montana, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 961985. William Snow Hume, Petitioner v. W. J. Wallis, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 961986. Samuel L. Naro, et ux., Petitioners v. Hamilton Town- ship, et al. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. No. 961989. Louis E. Olivero & Associates, et al., Petitioners v. Western States Insurance Company, et al. Petition for writ of certio- rari to the Appellate Court of Illinois, Third District, denied. No. 961990. Alvin J. Sanders, Petitioner v. Fulton County Board of Education, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 961991. Eddie Linn Swaffar, Jr., Petitioner v. W. C. Swaffar, Executor of the Estate of Eddie Linn Swaffar, Sr., Deceased. Petition for writ of certiorari to the Supreme Court of Arkansas denied. No. 961992. Paul E. Rabin, et ux., Petitioners v. America's Favorite Chicken Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 961993. Douglas Nelson Carlisle, Petitioner v. Larry Robinett. Petition for writ of certiorari to the Court of Appeals of Texas, Second District, denied.

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22 MONDAY, OCTOBER 6, 1997 No. 961994. Garland Denty, Petitioner v. SmithKline Beecham Cor- poration. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 961995. David M. Cohen, Petitioner v. Egidio Tirabassi. Peti- tion for writ of certiorari to the Circuit Court of Maryland, Howard County, denied. No. 961996. S. Martin Gordon, Eric Ole Thorsen, and Joel J. Flick, Petitioners v. County of Rockland. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 961997. Henry Zimmer, Petitioner v. Dan Naumann, Parish Council Chairperson, et al. Petition for writ of certiorari to the Court of Appeals of Minnesota denied. No. 961998. Robert T. Tyrrel, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 961999. Sonja Indreland McLaughlin, Petitioner v. Washington State Bar Association, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 962000. MGM Grand Air, Inc., Petitioner v. Mark Miceli, et ux. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 962001. Texas Pharmacy Association, et al., Petitioners v. Pru- dential Insurance Company of America. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 962003. Jeffrey J. Grenell, Petitioner v. N. Peter Conforti, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 962004. Leslie Sundell, Petitioner v. Cisco System, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 962005. Texas, Petitioner v. Kerry Max Cook. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 962006. Vincent v. Roggio, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 962007. Suellen Smith, Petitioner v. Gordon County, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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MONDAY, OCTOBER 6, 1997 23 No. 962009. Mark Rocanova, Petitioner v. United States, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 962010. James Larry Rhymer, Petitioner v. Yokohama Tire Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 962011. Bud Riggins and Donald McVean, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 962012. Friedrich Lu, Petitioner v. Choate, Halls & Stewart et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 962013. Bertha L. Pate, Petitioner v. Service Merchandise Co., Inc., et al. Petition for writ of certiorari to the Court of Appeals of Tennessee denied. No. 962014. Jackie K. Steele, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 962015. Fidelity Technologies Corporation, Petitioner v. Lonnie B. Butler, et al. Petition for writ of certiorari to the Court of Appeal of Louisiana, Third Circuit, denied. No. 962016. Richard D. Donohoo, Craig R. Mathies, Cheryl C. Godbout-Bandal, and Bruce A Rasmussen, Petitioners v. Federal De- posit Insurance Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 962017. Snap-Drape, Inc., Petitioner v. Commissioner of Inter- nal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 962019. Andrew Martin Kranyik, Petitioner v. City of West Melbourne, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 962020. Clifford Leon Houston, Petitioner v. Conrad Finnell, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 962021. Dickie Bouye and William Bouye, Petitioners v. South Carolina. Petition for writ of certiorari to the Supreme Court of South Carolina denied. No. 962022. Emily Hudson, By and Through Her Parent, Sharon Hudson, Petitioner v. Bloomfield Hills Public Schools, et al. Petition for

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24 MONDAY, OCTOBER 6, 1997 writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 962023. Eileen O'Hara, Petitioner v. Bayliner, et al. Petition for writ of certiorari to the Court of Appeals of New York denied. No. 962024. Danny A. Moran, Petitioner v. Helen Marie Moran. Petition for writ of certiorari to the Court of Appeals of Arizona, Divi- sion One, denied. No. 962025. Willie Jefferson, Petitioner v. United States; No. 969447. Levine Justice Archer, Petitioner v. United States; No. 975730. Marlon McNealy, Petitioner v. United States; and No. 975754. Ralph E. Brazel, Jr., Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 962026. Marvin Dunn, Petitioner v. Miami Herald Publishing Company, etc., et al. Petition for writ of certiorari to the District Court of Appeal of Florida, Third District, denied. No. 962027. Charly International and APS Charly Holdings, Inc., Petitioners v. MCA Records, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 962028. Tu Ying Chen, Individually, and as Administratrix of the Estate of Shou Fong Chen, Petitioner v. Victor L. Schramm, Jr., et al. Petition for writ of certiorari to the Court of Appeals of Colorado denied. No. 962029. Burlington Northern and Santa Fe Railway Company, fka Burlington Northern Railroad Company, Petitioner v. Kenneth E. Byrd. Petition for writ of certiorari to the Court of Appeals of Mis- souri, Eastern District, denied. No. 962030. John F. Guido, et al., Petitioners v. Joseph A. Cuvo, III, et al. Petition for writ of certiorari to the Commonwealth Court of Pennsylvania denied. No. 962031. City of New Orleans, Petitioner v. Department of Labor. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 962032. Robert C. Schlotz, et ux., Petitioners v. Hyundai Motor Company, et al. Petition for writ of certiorari to the Court of Appeals of Minnesota denied. No. 962033. Randall Thomas McArty, Petitioner v. Larry Norris, Director, Arkansas Department of Correction. Petition for writ of cer-

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MONDAY, OCTOBER 6, 1997 25 tiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 962034. SFIC Properties, Inc., Petitioner v. International Asso- ciation of Machinists and Aerospace Workers, District Lodge 94, Local Lodge 311, aka IAMAWD. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 962036. William Winston Waugh, Petitioner v. Internal Reve- nue Service. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 962037. Leslie Schaffer, et ux., Petitioners v. AgriBank, FCB, et al. Petition for writ of certiorari to the Court of Appeals of Minne- sota denied. No. 962038. Philip Mark Sutton, Petitioner v. United States; No. 962043. Fernando Novoa, Petitioner v. United States; No. 962049. Billie Mac Jobe, Petitioner v. United States; and No. 962050. Stanley Pruet Jobe, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 962039. Benjamin Campfield, Petitioner v. Connecticut. Peti- tion for writ of certiorari to the Appellate Court of Connecticut denied. No. 962040. KCAL-TV Channel 9, Petitioner v. Los Angeles News Service. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 962042. William L. Gray, Petitioner v. Idaho. Petition for writ of certiorari to the Court of Appeals of Idaho denied. No. 962047. John D. Copanos, Petitioner v. Food and Drug Adminis- tration and United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 962048. Sami Fayez S. Aburahmah, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 962051. Healthpartners of Southern Arizona, dba Partners Health Plan of Arizona, Inc., Petitioner v. Joy Atkins. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Cir- cuit denied. No. 962052. Rosa Becerra, Individually and as Next Friend of Juan Doe, a Minor, Petitioner v. Houston Independent School District, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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26 MONDAY, OCTOBER 6, 1997 No. 962053. Ellen F. Cooke, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 962055. Jack C. Harvard, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 968088. Tina Arlene Gately, Petitioner v. Pennsylvania. Peti- tion for writ of certiorari to the Superior Court of Pennsylvania, Pitts- burgh Office, denied. No. 968311. Charles Alan Ginn, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 968312. Alexander Faulkner, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 968368. Roosevelt Pollard, Petitioner v. Jim Edgar, Governor of Illinois, et al. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 968379. Kamathene Adonia Cooper, Petitioner v. P. Douglas Taylor, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 968436. Gary Adkins, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 968470. A Female Juvenile, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 968478. Reed Raymond Prior, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 968489. James Edward Thomas, Petitioner v. North Carolina. Petition for writ of certiorari to the Supreme Court of North Caro- lina denied. No. 968501. Joao Albano Santos, Petitioner v. Immigration and Naturalization Service. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 968548. Tony Lee Walker, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

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MONDAY, OCTOBER 6, 1997 27 No. 968569. Jesse Gutierrez-Tavares, Petitioner v. Immigration and Naturalization Service. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 968580. Frederick Keith Singleton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 968589. Detrara Howard, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 968598. Gary F. Tagbering, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 968694. Charles Edward Thompson, Petitioner v. Jesse Brown, Secretary of Veterans Affairs. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 968719. Albert Earl Lavalais, III, Petitioner v. Louisiana. Peti- tion for writ of certiorari to the Supreme Court of Louisiana denied. No. 968721. Edward Conrad Mathis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 968730. Emilio Jed Green, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 968769. Willie Earl Pondexter, Jr., Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 968793. Charles Daniel Thacker, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 968823. Allen Wayne Janecka, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 968845. Malcolm Geddie, Jr., Petitioner v. North Carolina. Peti- tion for writ of certiorari to the Supreme Court of North Carolina denied. No. 968851. Dale Baldwin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 968870. Kenneth Hartley, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied.

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28 MONDAY, OCTOBER 6, 1997 No. 968873. David Paul Ruff, Petitioner v. George Smith, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 968875. Isaac Jackson Stroud, Petitioner v. North Carolina. Petition for writ of certiorari to the Supreme Court of North Caro- lina denied. No. 968883. Danny Moreno, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 968897. Matthew Norville, Sr., et ux., Petitioners v. Dell Corpo- ration. Petition for writ of certiorari to the Appellate Court of Illinois, Second District, denied. No. 968900. Jack Angello, Petitioner v. Northern Mariana Islands, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 968901. Fernando Argueta, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. No. 968904. Charles Gates, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 968905. Barbara Schwarz, Petitioner v. Barbara Spalding. Peti- tion for writ of certiorari to the Supreme Court of Utah denied. No. 968908. Leonard Roberts, Petitioner v. Stanley Glanz. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 968909. Sherrell Towns, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 968918. Peter James Atherton, Petitioner v. Arlington County Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 968922. Alfredo G. Hualde-Redin, Maria S. Costa- Hualde, and Paul M. Hualde, Petitioners v. Royal Bank of Puerto Rico, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 968924. Edward E. Allen, Petitioner v. Larry B. Dilley, et al. Petition for writ of certiorari to the Court of Appeals of Oregon denied. No. 968925. Larry Dean Burns, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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MONDAY, OCTOBER 6, 1997 29 No. 968926. Micual D. Carson, Petitioner v. Charter Medical. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 968927. James E. DeLong, Petitioner v. City of Strongsville, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 968929. Lee Allen Drake, Petitioner v. Arizona. Petition for writ of certiorari to the Court of Appeals of Arizona, Division One, denied. No. 968930. Lonnie Wayne Davis, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 968943. Herbert Clinton McKnight, Petitioner v. Missouri Divi- sion of Family Services, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 968945. Leon Morgan, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 968946. Harris Rakov, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 968958. Carol Ann McIntyre, Petitioner v. James Carter, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 968963. Robert L. Jarrett, Petitioner v. Toxic Action Wash, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 968964. Kevin Johnson, Petitioner v. James Welby, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 968965. Michael Lendrew McKinney, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Okla- homa denied. No. 968966. Karl S. Chambers, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern District, denied.

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30 MONDAY, OCTOBER 6, 1997 No. 968967. Walter Bell, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 968969. William Sales, Petitioner v. Arkansas. Petition for writ of certiorari to the Supreme Court of Arkansas denied. No. 968970. Leo Harris, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied. No. 968971. Richard Fabian, Petitioner v. Maria Margarita Mejia De Restrepo, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 968972. George Guy Derden, Petitioner v. James v. Anderson, Superintendent, Mississippi State Penitentiary, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Cir- cuit denied. No. 968973. Detra Hudson-Gardner, Petitioner v. South Carolina Department of Highways and Public Transportation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 968975. Wade D. Hairston, Petitioner v. William Love, Superin- tendent, State Correctional Institution at Huntingdon, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 968976. Eric Victor Esteves, Petitioner v. Leslie Brock, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 968982. Dennis Lee Barker, Petitioner v. TCF Bank Savings FSB. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 968983. Clifton W. Panos, Petitioner v. David R. Oliver. Peti- tion for writ of certiorari to the Supreme Court of Washington denied. No. 968984. Anthony L. Carter, Petitioner v. Sylvia Ontiveros, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 968988. Anthony Harrison, Petitioner v. Suzanne Bailey, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 968989. Patrice Crislip, Petitioner v. Tom Newton, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

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MONDAY, OCTOBER 6, 1997 31 No. 968991. Ronald Dean Lowe, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. No. 968993. Winfred Moss, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fifth District, denied. No. 968999. Michael Sample, Petitioner v. Tennessee. Petition for writ of certiorari to the Court of Criminal Appeals of Tennessee, West- ern Division, denied. No. 969001. Anne Mercer Hacker, Petitioner v. James Walter Hacker. Petition for writ of certiorari to the Court of Appeals of Wash- ington, Division 1, denied. No. 969003. Lonnie Graves, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. No. 969004. Orcalino A. Eneias, Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections, et al. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 969009. Jackie Barron Wilson, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 969011. Norris Carlton Taylor, Petitioner v. North Carolina. Petition for writ of certiorari to the Superior Court of North Carolina, Cumberland County, denied. No. 969012. Pete Carl Rogovich, Petitioner v. Arizona. Petition for writ of certiorari to the Supreme Court of Arizona denied. No. 969017. Glen Royal Willis, Petitioner v. Gary L. Johnson, Direc- tor, Texas Department of Criminal Justice, Institutional Division. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 969018. Henry L. Washington, Petitioner v. Louisiana Depart- ment of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 969019. John Michael Trusty, Petitioner v. Philip Parker, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 969021. Robert Mathura, Petitioner v. Council for Human Serv- ices Home Care Services, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 969024. Patrick Hugh Morrison, Petitioner v. Frank Hall, Di- rector, Oregon Department of Corrections, et al. Petition for writ of

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32 MONDAY, OCTOBER 6, 1997 certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 969026. Emory Alvin Michau, Jr., Petitioner v. Bruce Orr, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 969028. Manuel Machado Alvarez, Petitioner v. California. Peti- tion for writ of certiorari to the Supreme Court of California denied. No. 969030. Eleizer Lara Soto, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 969031. Thomas Eugene Moore, Petitioner v. James Gomez, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 969033. Martin A. Meza, Petitioner v. United States District Court for the Central District of California. Petition for writ of certio- rari to the United States Court of Appeals for the Ninth Circuit denied. No. 969037. Daniel T. Delaney, Petitioner v. David Troutman, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 969040. Michael Charles Stewart, Petitioner v. Kenneth D. Kyler, Superintendent, State Correctional Institution & Diagnostic/ Classification Center, Camp Hill, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 969041. Jason Starr, Petitioner v. Duane Shillinger, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 969047. Terance Valentine, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 969050. Lenthell Lalince Rosemond, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 969052. Muldrow Mann McGraw, Petitioner v. Mississippi. Peti- tion for writ of certiorari to the Supreme Court of Mississippi denied. No. 969056. John McMillan, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Fourth Judicial Department, denied. No. 969057. Ronald Lawrence, Petitioner v. James A. Gammon, Superintendent, Moberly Correctional Center. Petition for writ of cer-

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MONDAY, OCTOBER 6, 1997 33 tiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 969058. Edwin Mejias, Petitioner v. Connecticut. Petition for writ of certiorari to the Appellate Court of Connecticut denied. No. 969062. Joseph Prellwitz, Petitioner v. Wisconsin. Petition for writ of certiorari to the Court of Appeals of Wisconsin, District II, denied. No. 969063. Libbie Pesek, Petitioner v. Lincoln County, et al. Peti- tion for writ of certiorari to the Court of Appeals of Wisconsin, District III, denied. No. 969064. Kenneth G. Charron, Petitioner v. R. Thompson, Cor- rectional Officer I, et al. Petition for writ of certiorari to the Supreme Court of Missouri denied. No. 969065. Robert D. Schaffer, Petitioner v. James O. Kirkland, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 969074. Willie Crawford Bennett, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 969075. Richard Alan Pyle, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Third Appellate District, denied. No. 969076. Joseph Whitfield, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. No. 969078. Edward Wright, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadel- phia Office, denied. No. 969080. Henry Lee Booker, Petitioner v. Gary L. Johnson, Di- rector, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 969082. Joseph Spriggs, Gregory deMesones, John E. Adamson, and Paul P. Smyth, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 969083. David Sanders, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

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34 MONDAY, OCTOBER 6, 1997 No. 969084. George J. Reitz, Jr., Petitioner v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern District, denied. No. 969085. Joe Reeves, Petitioner v. Frank Novak, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 969086. Bigler Jobe Stouffer, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. No. 969087. J. A., a Juvenile, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Third Dis- trict, denied. No. 969088. Stephen M. Whitfield, Sr., Petitioner v. K. W. Prunty, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 969089. Martha Taha, Petitioner v. Kenny Smith, et al. Petition for writ of certiorari to the Court of Appeals of Indiana, Fifth Dis- trict, denied. No. 969090. Eddie Thompson, Jr., Petitioner v. Kentucky. Petition for writ of certiorari to the Circuit Court of Kentucky, Kenton County, denied. No. 969091. Darius J. Whitson, Sr., Petitioner v. Barry S. Schermer, Chief Bankruptcy Judge, United States Bankruptcy Court for the Eastern District of Missouri, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 969093. Lynda Williams, Petitioner v. Allstate Insurance Com- pany. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. No. 969095. Julia Hoskins, Petitioner v. State Bar of California. Petition for writ of certiorari to the Supreme Court of California denied. No. 969097. Robert Allen Hoke, Petitioner v. Arizona. Petition for writ of certiorari to the Court of Appeals of Arizona, Division One, denied. No. 969099. Dan L. Frazer, Petitioner v. Austin Linwood Milling- ton, etc., et al. Petition for writ of certiorari to the Supreme Court of Virginia denied.

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MONDAY, OCTOBER 6, 1997 35 No. 969106. Mark David Johnson, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. No. 969107. Dexter H. Myers, Petitioner v. Richard J. Michela. Peti- tion for writ of certiorari to the Court of Appeals of Arizona, Division Two, denied. No. 969108. T. J. Jones, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 969109. Adrian Lomax, Petitioner v. Terri Landwehr, et al. Petition for writ of certiorari to the Court of Appeals of Wisconsin, District IV, denied. No. 969111. John Fitzgerald Kennedy, Petitioner v. State Bar of California. Petition for writ of certiorari to the Supreme Court of Cali- fornia denied. No. 969113. Lorenzo Arteaga, Petitioner v. United States Court of Appeals for the Ninth Circuit. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 969118. James E. Fraction, Jr., Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 969119. Virgil Antonov, Petitioner v. County of Los Angeles Department of Public Social Services. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 969121. Calvin F. Tate, Petitioner v. Massachusetts. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied. No. 969125. David Earl Spradlin, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 969126. Romeo Feliciano Padron, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 969141. Jose Miguel Perez, Petitioner v. Donald T. Vaughn, Superintendent, State Correctional Institution at Graterford, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 969143. Charles Thomas Curry, Petitioner v. North Carolina. Petition for writ of certiorari to the Court of Appeals of North Caro- lina denied.

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36 MONDAY, OCTOBER 6, 1997 No. 969144. Eva D. Aybar, Petitioner v. Drug Enforcement Admin- istration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 969146. Gary Brown, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied. No. 969148. Bobby E. Moore, Jr., Petitioner v. J. B. Louis, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 969154. Arnold G. Wiedmer, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 969155. Sammy Williams, Petitioner v. Robert Borg, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 969156. Anthony Bailey, Petitioner v. John Ignacio, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 969161. Anthony Mungin, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 969163. Earl Matthews, Jr., Petitioner v. Michael W. Moore, Director, South Carolina Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 969166. Lewis Jerry Hare, Jr., Petitioner v. Joseph Sacchett, Acting Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 969167. Joseph Hughes, Petitioner v. City of Cleveland. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied. No. 969169. Gerald Patrick Harris, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 969170. Marcos D. Hernandez, Petitioner v. Florida, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 969176. Michael Kevin DuPont, Petitioner v. Massachusetts De- partment of Correction, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

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MONDAY, OCTOBER 6, 1997 37 No. 969177. Michael Kevin DuPont, Petitioner v. Larry E. DuBois, Commissioner, Massachusetts Department of Correction, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 969178. Eddie Thompson, III, Petitioner v. Kentucky. Petition for writ of certiorari to the Court of Appeals of Kentucky denied. No. 969180. Syed Jafar, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. No. 969182. Dean Kilgore, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 969183. Johnny Neal, Jr., Petitioner v. Richard Gramley, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. No. 969184. Robert Camarano, Petitioner v. United States District Court for the Southern District of New York. Petition for writ of cer- tiorari to the United States Court of Appeals for the Second Circuit denied. No. 969188. Sherman T. Craver, Petitioner v. Pennsylvania. Peti- tion for writ of certiorari to the Supreme Court of Pennsylvania, East- ern District, denied. No. 969190. Sanders M. Carter, Petitioner v. Willis H. Sargent, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 969191. Michael C. Antonelli, Petitioner v. William T. Foster, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. No. 969192. Scott Van Houten, Petitioner v. Massachusetts. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied. No. 969194. Joseph E. Taylor, Petitioner v. Craig A. Hanks, Super- intendent, Wabash Valley Correctional Institute. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Cir- cuit denied. No. 969195. Howard A. Woods, Petitioner v. Mutual of Omaha. Peti- tion for writ of certiorari to the Court of Appeals of Tennessee, West- ern Division, denied. No. 969196. Lorenzo Arteaga, Petitioner v. Santa Clara Depart- ment of Family and Children's Services. Petition for writ of certiorari to the Court of Appeal of California, Sixth Appellate District, denied.

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38 MONDAY, OCTOBER 6, 1997 No. 969197. Lorenzo Arteaga, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Sixth Appellate District, denied. No. 969198. Bernard Reid, Petitioner v. United States District Court for the District of New Jersey. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 969200. Jesse E. Robinson, Petitioner v. Clarence Trigg, Super- intendent, Reception Diagnostic Center, Plainfield. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 969201. Lamont Fultz, Petitioner v. Carl White, Superintend- ent, Algoa Correctional Center. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 969202. George Roger Siegel, Petitioner v. California Federal Bank. Petition for writ of certiorari to the Court of Appeal of Califor- nia, Second Appellate District, denied. No. 969203. Robert Dale Rowell, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 969204. Kirk Proctor, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 969210. Yolando Ernesto Boyd, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 969211. Jerry Ross Casterline, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 969214. Scott Sayles, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Third District, denied. No. 969215. Alfonso Lawrence Rush, III, Petitioner v. Virginia. Pe- tition for writ of certiorari to the Supreme Court of Virginia denied. No. 969216. Patricia Ann Fowler, Petitioner v. Michael W. Moore, Director, South Carolina Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 969217. Canice Dike, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

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MONDAY, OCTOBER 6, 1997 39 No. 969218. Ana Lucia Gelabert, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. No. 969219. Marshall Gee, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. No. 969221. David Dennis, Petitioner v. Robert A. Butterworth, Attorney General of Florida, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 969223. Donald Ray French, Petitioner v. Tommy Thomas, Sheriff, Harris County, Texas, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 969224. Patrick Higgins, Petitioner v. Lynn M. Higgins, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 969227. Mary Peggy Moore and Lee Roy Wiley, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 969228. Billy Joe Magwood, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied. No. 969229. Veotrice McGinnis, Petitioner v. Jesse Brown, Secre- tary of Veterans Affairs. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 969230. Phillip Ray Moore, Petitioner v. Wallis Parmenter, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 969231. William Lenhart, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. No. 969232. Michael Johninson, Petitioner v. Larry Norris, Direc- tor, Arkansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 969233. Kathleen Strang, Petitioner v. Arms Control and Dis- armament Agency, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 969234. La Tanya Sublett, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

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40 MONDAY, OCTOBER 6, 1997 No. 969236. James M. Lyle, IV, Petitioner v. Magnolia State Enter- prises, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 969238. Robert Anthony Williams, Petitioner v. John Tha- lacker, Superintendent, North Central Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 969240. Leandre Darryl Wilson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 969241. John A. Walker, Petitioner v. Appellate Division, Su- preme Court of New York, First Judicial Department, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 969242. Loren M. Welsand, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 969245. Stephen Allen Carlson, Petitioner v. United States; No. 975056. Curtis Evaster Brewer, Petitioner v. United States; and No. 975159. Cynthia Foster Hubert, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 969246. Randy Winton Haight, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied. No. 969248. Raymond Elmore, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 969249. Kim Finklea, Petitioner v. New Jersey. Petition for writ of certiorari to the Supreme Court of New Jersey denied. No. 969250. Amiralli Shroff, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 969251. Sammy Crystal Perkins, Petitioner v. North Carolina. Petition for writ of certiorari to the Supreme Court of North Caro- lina denied. No. 969252. Amiralli Shroff, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

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MONDAY, OCTOBER 6, 1997 41 No. 969253. Steven Paul Parker, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 969254. Barbara Schwarz, Petitioner v. William Jefferson Clin- ton, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 969256. Randel Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 969257. Joseph Torok, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 969258. Richard A. Tasse, Petitioner v. Mayhue Corporation, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. No. 969259. Melvin Leroy Tyler, Petitioner v. Mel Carnahan, Gov- ernor of Missouri, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 969260. Merrill L. Wolford, Petitioner v. Brenda Burns, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 969261. Marcos Castaneda, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 969262. Charlie Mason Alston, Petitioner v. North Carolina. Petition for writ of certiorari to the Superior Court of North Carolina, Warren County, denied. No. 969263. Dwight Ross, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Second District, denied. No. 969264. Sandie Watts Starns, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied. No. 969265. Hector Portillo and Luis Bonilla, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 969266. Johnny Shaw, Petitioner v. K. W. Prunty, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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42 MONDAY, OCTOBER 6, 1997 No. 969267. Champion William Colburn, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 969268. Terry Lamar Walker, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 969269. Gregory E. Toliver, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. No. 969270. Phillip Propst, Petitioner v. North Carolina. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 969271. James William Bruce and Murray A. Woodworth, Peti- tioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 969272. Albert Sams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 969273. James Larry Johnson, Petitioner v. Jim Seckinger, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 969274. Laurence Jacobson, Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 969275. Jodie Lang, Petitioner v. Star Herald. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 969276. Robert W. Jennings, Petitioner v. Jack Duckworth, Superintendent, Indiana State Reformatory. Petition for writ of certio- rari to the United States Court of Appeals for the Seventh Circuit denied. No. 969277. Ronald D. Moore, Petitioner v. Doctor Nesbitt, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 969278. Carl W. Mathisen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 969279. Kevin Smith, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

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MONDAY, OCTOBER 6, 1997 43 No. 969281. Desmond Phillips, Petitioner v. James v. Anderson, Superintendent, Mississippi State Penitentiary. Petition for writ of cer- tiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 969282. Louie Schexnayder, Petitioner v. Louisiana. Petition for writ of certiorari to the Court of Appeal of Louisiana, Fifth Cir- cuit, denied. No. 969283. Emetric Carpenter, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 969284. Michael J. Brooks, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 969285. Jerry Neal Baker, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied. No. 969286. Doloras Contreras, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 969287. Charles LaFayette, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Ap- pellate District, denied. No. 969288. Dennis Mayfield, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. No. 969289. John W. McGee, III, Petitioner v. Jeffrey P. Endicott, Superintendent, Columbia Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 969290. Timothy Johnson, Petitioner v. Phillip Ron Nixon, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 969292. Richard Grey Kirby, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 969294. James Culpepper Pebworth, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 969295. Robert Sapp, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied.

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44 MONDAY, OCTOBER 6, 1997 No. 969296. Joseph Bernard Ponder, Petitioner v. Tom Dye, Sheriff, Tillamook County, Oregon. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 969297. Joseph Bernard Ponder, Petitioner v. George H. Bald- win, Jr., Superintendent, Eastern Oregon Correctional Institution. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 969298. Roy Lee Clay, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 969299. Kolapo Odumosu, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 969300. George Boharski, Petitioner v. Margaret H. Boharski. Petition for writ of certiorari to the Supreme Court of Montana denied. No. 969301. Rickey Leon Banks, Petitioner v. United States Dis- trict Court for the Western District of Missouri. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Cir- cuit denied. No. 969302. John Robert Betts, Petitioner v. Ronald J. Angelone, Director, Virginia Department of Corrections. Petition for writ of cer- tiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 969303. Joseph Palmisano, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 969304. Charles Laverne Singleton, Petitioner v. Larry Norris, Director, Arkansas Department of Correction. Petition for writ of cer- tiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 969305. Calvin Parnell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 969306. Richard Rodriguez, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 969307. Robert John Brady, Petitioner v. Thomas J. Brady, et al.; and Robert John Brady, Petitioner v. Hilary Gwynn Brady. Petition for writ of certiorari to the Court of Appeal of California, Fourth Ap- pellate District, denied.

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MONDAY, OCTOBER 6, 1997 45 No. 969308. Johnny Duran Reyna, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 969309. Lorenzo Arteaga, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. No. 969310. Paula Strothers, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 969311. Eon David, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 969312. James Edward Gordon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 969313. Eddie Heath, Petitioner v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 969314. Jonathan C. Garcia, Petitioner v. Wisconsin. Petition for writ of certiorari to the Court of Appeals of Wisconsin, District III, denied. No. 969315. Donald R. Henning, Petitioner v. William Love, Super- intendent, State Correctional Institution at Huntingdon. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 969316. Waylon Eric Duran, Petitioner v. United States; No. 969420. Phillip Henry Stands, Petitioner v. United States; and No. 969541. Miguel J. Duran, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 969317. James G. Hayden, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 969318. Giora Eshkol, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 969319. Cristina de la Vega, Petitioner v. Shirley S. Chater, Commissioner of Social Security. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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46 MONDAY, OCTOBER 6, 1997 No. 969320. Claude Hosch, Petitioner v. Bandag, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 969322. Warren Herbert, Petitioner v. Burl Cain, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 969323. Sonny Lauren Harmon, Petitioner v. Steve Hargett, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 969324. Rodney Goodson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 969325. Jesus Gonzalez-Quezada, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 969326. Timothy W. Harner, Petitioner v. Franklin County Ju- venile Probation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 969327. Calvin Leon Henderson, Petitioner v. Ronald J. Ange- lone, Director, Virginia Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 969328. Lorenzo Arteaga, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Sixth Appellate District, denied. No. 969329. Lorenzo Arteaga, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. No. 969330. Brian Maus, Petitioner v. Karen Smith. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 969331. Frederick Evans, Petitioner v. Martin Horn. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 969332. Lawrence M. Breakley, Petitioner v. George Hinkle, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 969333. Samuel Citizen, Petitioner v. Gary L. Johnson, Direc- tor, Texas Department of Criminal Justice, Institutional Division. Peti-

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MONDAY, OCTOBER 6, 1997 47 tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 969334. Bryan O'Neil Comer, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 969335. Brian K. Jamison, Petitioner v. Ronald J. Angelone, Director, Virginia Department of Corrections. Petition for writ of cer- tiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 969336. David Wayne James, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. No. 969337. Robert Lang, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 969338. Jeffrey Anderson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 969339. Jorge L. Martinez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 969340. Paul Lavertu, Petitioner v. Borofsky, Lewis & Amodeo-Vickery. Petition for writ of certiorari to the District Court of New Hampshire, City of Portsmouth, denied. No. 969342. William Posey, Petitioner v. North Carolina. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 969343. David Jimenez Ruiz, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 969344. Leonard Purcell, et ux., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 969346. Robert Bacon, Jr., Petitioner v. North Carolina. Peti- tion for writ of certiorari to the Supreme Court of North Carolina denied.

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48 MONDAY, OCTOBER 6, 1997 No. 969347. Imad Farah Bechara, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 969348. David M. Roudebush, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Wayne County, denied. No. 969349. Charles W. Brown, Jr., Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Armed Forces denied. No. 969350. Benjamin Adams, Petitioner v. United States District Court for the Northern District of California. Petition for writ of cer- tiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 969351. Curtis McDonnell, Petitioner v. Grant Woods, Attorney General of Arizona. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 969352. Kenneth Allen McDuff, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 969353. Jesse Jackson, Petitioner v. Larry Norris, Director, Arkansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 969354. Rosee Torres, Petitioner v. School District No. 2 of Madison County, Nebraska, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 969355. Abel M. Zertuche, Petitioner v. First Interstate Bank of Arizona, N. A. Petition for writ of certiorari to the Court of Appeals of Arizona, Division One, denied. No. 969356. George Wilson, Petitioner v. Bob Grant, et al. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. No. 969357. Vada Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 969358. Ronald S. Viltrakis, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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MONDAY, OCTOBER 6, 1997 49 No. 969359. William Harold Wanless, Petitioner v. Oklahoma. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Okla- homa denied. No. 969361. Alvin Wayne Heacock, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 969362. Eric M. Hughes, Petitioner v. Charles Crandell, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 969363. Allen R. Hawkins, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 969364. Gary Randall Hoxsie, Petitioner v. Dareld Kerby, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 969365. Deronda Lynn Hartline, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 969366. Donald E. Flynn, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 969367. David Dockery, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 969368. Julian Ford, Jr., Petitioner v. Ann Gaston, Deputy War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 969369. Bill Ray Guinn, Petitioner v. Aristedes Zavaras, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 969370. John Paul Garcia, Petitioner v. Indiana. Petition for writ of certiorari to the Court of Appeals of Indiana, Third District, denied. No. 969371. Barbara Schwarz, Petitioner v. Woodruff, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 969372. Abdul Razack, Petitioner v. Immigration and Natural- ization Service. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

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50 MONDAY, OCTOBER 6, 1997 No. 969373. Daniel Patrick Rawlins, Petitioner v. Arizona. Petition for writ of certiorari to the Court of Appeals of Arizona, Division One, denied. No. 969374. Herman Phillip Sheets, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 969375. Huma Qureshi, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 969377. Johnny Winston, Petitioner v. Bob Carter, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 969378. Constantine Korelis, Petitioner v. Ramada Hotel. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 969379. Kathryn L. La Grange, Petitioner v. Raul Longoria. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 969380. Delfin Eduardo Toro-Pelaez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 969381. Francisco Velazquez-Contreras, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 969383. Michael Van Barnes, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 969384. Gregory E. Wooten, Petitioner v. Jack Hartwig, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. No. 969385. Robert Earl Washington, Petitioner v. Texas Prison System, et al.; and Robert Earl Washington, Petitioner v. Texas Prison System, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 969386. John Reedy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

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MONDAY, OCTOBER 6, 1997 51 No. 969387. John Parsons, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 969388. Theodore Petties, Petitioner v. United States Postal Service. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 969389. George Harrison, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 969390. Paul H. Haut, Jr., Petitioner v. United States, and Paul H. Haut, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 969391. Richard Henyard, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 969392. Joe Bert Hunt, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 969393. Lilly Schmidt, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 969395. Timothy Lanier Allen, Petitioner v. North Carolina. Petition for writ of certiorari to the Superior Court of North Carolina, Halifax County, denied. No. 969396. Jose Cordero, Petitioner v. Daniel K. Lalor, Judge of Greene County Court, et al. Petition for writ of certiorari to the Court of Appeals of New York denied. No. 969397. Edward Earl Brown, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 969398. William Beeman, Petitioner v. Iowa. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 969399. Howard Small, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 969400. Ayodeji Shomade, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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52 MONDAY, OCTOBER 6, 1997 No. 969401. Gabriel Rodriguez-Aguirre, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 969402. Hector Pedraza, Petitioner v. United States; and No. 975007. Stanley Miller, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 969403. Cory D. Sims, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 969404. Mark Andrew Anzivino, Petitioner v. Samuel A. Lewis, et al. Petition for writ of certiorari to the Court of Appeals of Arizona, Division One, denied. No. 969405. Charles A. Redd, Petitioner v. Gary L. Johnson, Direc- tor, Texas Department of Criminal Justice, Institutional Division. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 969406. Larry Riddick, Petitioner v. Ronald Angelone, Direc- tor, Virginia Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 969407. Luis Armando Ramirez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 969408. Homer Douglas Cobb, IV, Petitioner v. Alabama. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Ala- bama denied. No. 969409. Michael Scearcy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 969410. Thomas Pitera, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 969411. William Pleasant, Petitioner v. Nutrition, Inc. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 969412. John Michael Williams, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

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MONDAY, OCTOBER 6, 1997 53 No. 969414. Ivory Garner Wilson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 969415. James E. Washington, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 969416. Danny Traicoff, Petitioner v. Washington. Petition for writ of certiorari to the Court of Appeals of Washington, Division 1, denied. No. 969417. Berman J. Watts, Jr., Petitioner v. Togo West, Secre- tary of the Army, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 969418. David Ries, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 969419. Krishna Reddy, Petitioner v. Redlands Community Hospital, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 969421. Ronnie Bazile, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 969423. John H. Fuhr, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 969424. Zane Higa, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 969425. Nathan J. Ellis, Petitioner v. Ivalee Henry, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 969426. Daniel W. Fanny, Petitioner v. New Jersey. Petition for writ of certiorari to the Supreme Court of New Jersey denied. No. 969427. Colon Lavon Guthrie, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. No. 969428. Tony Duckett, Petitioner v. Salvador Godinez, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

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54 MONDAY, OCTOBER 6, 1997 No. 969429. Roland Daniel Foster, Petitioner v. Ronald J. Cham- pion, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 969430. Basil Myers, aka Basil Fields, aka Ira Dudley, Petition- ers v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 969431. John A. Mmahat, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 969432. Wendell Shane Mackey, Petitioner v. Dennis Dyke, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 969433. Ernest Marrero, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 969434. Max I. Mikels, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 969435. Antquan Aurmont Mincy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 969436. Sherwood Brown, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied. No. 969437. Shawn Dean Bow, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 969438. Eric D. Holmes, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied. No. 969440. Lewis Edward Martin, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 969442. Richard Parker v. John Wertenberger, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 969443. Alvin Lavon Moore, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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MONDAY, OCTOBER 6, 1997 55 No. 969444. Mariano Ospina, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 969445. Ernest Cornes, Petitioner v. George DeTella, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. No. 969446. Jerry James Couch, Petitioner v. Charles McClure, et al. Petition for writ of certiorari to the Superior Court of Georgia, Richmond County, denied. No. 969448. Bernardo Segundo Calleja, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 969449. John Wesley Lewis, Petitioner v. Mitch Skandalakis, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 969450. Franklin Mercer, Petitioner v. City of Mount Vernon, New York, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 969452. Daniel L. Miles, Petitioner v. LaSalle Financial Serv- ices, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 969453. Wayne Earl LaFountain, Petitioner v. Patricia Caruso. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 969454. Gary Robert Mountain, Petitioner v. Edward T. Bren- nan, Superintendent, Albion Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Third Cir- cuit denied. No. 969455. Ronald Dean Lowe, Petitioner v. Weldon Cantrell. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 969456. Sylvia Ernst, Petitioner v. Child & Youth Services of Chester County, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 969457. Albert D. Thrower, Petitioner v. Carl Anderson, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

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56 MONDAY, OCTOBER 6, 1997 No. 969458. Domingo Castro, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 969459. James Brooks, Petitioner v. Normandy Middle School, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied. No. 969460. William Hubert Caldwell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 969461. R. M. Bell, Petitioner v. Francisco Flores, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 969462. Wasim Aziz, Petitioner v. Michael Groose, Superintend- ent, Jefferson City Correctional Center. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 969463. James L. Braden, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 969464. Darrell L. Bailey, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 969465. Phillip Carmouche, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 969466. Robert O. Marshall, Petitioner v. New Jersey. Petition for writ of certiorari to the Supreme Court of New Jersey denied. No. 969467. Mathew Koonce, Jeffery Koonce, and Ernest Ray Koonce, Petitioners v. United States; and No. 975602. Eleanor B. Koonce, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 969468. Willie Jordan, Petitioner v. James A. Gammon, Super- intendent, Moberly Correctional Institution. Petition for writ of certio- rari to the United States Court of Appeals for the Eighth Circuit denied. No. 969469. William K. Murray, Petitioner v. Michael Groose, Superintendent, Jefferson City Correctional Center. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

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MONDAY, OCTOBER 6, 1997 57 No. 969471. Rick Cunningham, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 969472. Gerald Ortland, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 969473. Ebrahim Sadeghy, Petitioner v. Peggy Kernan, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 969474. Antwain Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 969475. William Earl Banks, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, First Dis- trict, denied. No. 969476. Michael C. Antonelli, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 969477. Carmelo Batista, Petitioner v. Hans G. Walker, Super- intendent, Auburn Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 969478. David Reutter, Petitioner v. Charles Crandel, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 969481. Billy Howell Williams, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 969482. Michael N. Taylor, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 969483. Russell D. Woodhouse, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 969484. Brian Tackett, Petitioner v. Timothy DiScenza, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 969485. Theodore Carlton Richardson, Petitioner v. Old Repub- lic Surety Co. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

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58 MONDAY, OCTOBER 6, 1997 No. 969486. Theresa Nangle Obermeyer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 969487. Keith Somers, Petitioner v. Otis Thurman, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 969488. Kevin Best, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 969489. Charles Schrott, Petitioner, v. H. Callithen, Deputy, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 969490. Spencer Owen Ziglar, Petitioner v. Alabama, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 969491. Charles Wesley Whittle, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 969492. Debro Siddiq Abdul-Akbar, Petitioner v. Delaware De- partment of Correction, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 969493. Arthur Tyrone Balthazar, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 969494. Gathel A. Beaton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 969495. Dedrick Berry, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. No. 969496. Joseph Adams, Petitioner v. New York. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 969497. Terry Collins, Petitioner v. United States Court of Ap- peals for the Fifth Circuit. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 969498. Juan Antonio Andrade, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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MONDAY, OCTOBER 6, 1997 59 No. 969499. Sahib Al-Mosawi, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. No. 969500. Armando Beltran, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 969501. Elroy Brow, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 969502. Gary Lavergis Rodger, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 969504. Olusesan Justus Adesanya, Petitioner v. Bryan S. Gunn, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 969507. Raymond Patterson, Jr., Petitioner v. South Carolina. Petition for writ of certiorari to the Supreme Court of South Carolina denied. No. 969508. Rodney Karl Stanberry, Petitioner v. Alabama. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Ala- bama denied. No. 969509. Archie Sharp, Petitioner v. Douglas B. Roberts, State Treasurer of Michigan. Petition for writ of certiorari to the Court of Appeals of Michigan denied. No. 969510. Ubaldo Alvarez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 969511. Diana J. Bogdanoff, Petitioner v. Tenna Farmon, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 969512. Roger Bruce Bugh, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 969514. Fabio Hector Cardona, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 969515. Robert Young, Petitioner v. New Jersey Division of Medical Assistance and Health Services, et al. Petition for writ of cer- tiorari to the United States Court of Appeals for the Third Circuit denied.

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60 MONDAY, OCTOBER 6, 1997 No. 969516. Ojay Tulali, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 969517. Scott Hill, Petitioner v. Farmers Home Group. Petition for writ of certiorari to the Court of Appeals of Minnesota denied. No. 969518. David Hodge, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 969519. Hassan Hines, Petitioner v. Joseph Costello, Superin- tendent, Mid-State Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 969520. Cristina de la Vega, Petitioner v. Shirley S. Chater, Commissioner of Social Security. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 969521. Juan Martin Garcia, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 969522. Paul Gray, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Cir- cuit denied. No. 969523. Rochelle Lonel Gardeley, Petitioner v. California. Peti- tion for writ of certiorari to the Supreme Court of California denied. No. 969524. Harry T. Hanley, Petitioner v. Stand Maddox, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 969525. Cother D. Hearn, Petitioner v. Gerald Hofbauer, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 969526. William E. Gates, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 969527. George Martorano, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 969528. Edwaldo R. James, aka Donald Mitchell, aka Calvin B. Smith, Petitioner v. J. Thickens, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

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MONDAY, OCTOBER 6, 1997 61 No. 969530. Othella McDonald, Petitioner v. Inland Container Cor- poration. Petition for writ of certiorari to the Supreme Court of Geor- gia denied. No. 969531. Brian Kinder, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. No. 969532. Kenneth Lewis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 969533. Alphonso James, Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections, et al. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 969534. Alphonso James, Sr., Petitioner v. Robert Barclift, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 969535. David Lonay, Petitioner v. George Aaron Stookey, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 969536. Doudou B. Janneh, Petitioner v. Marvin T. Runyon, Postmaster General. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 969537. Stephen Johnson, Petitioner v. Donald W. Gudmanson, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 969538. Gary Lynn Hardison, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 969539. James Darnell Hayes, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 969540. Michael A. Hekimain, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 969543. Dixon Fagbemi, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 969544. Howard Richard Tock, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

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62 MONDAY, OCTOBER 6, 1997 No. 969545. Van K. Williams, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 969546. Aaron Thomas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 969548. Evelyn M. Willis, Petitioner v. Florida Department of Health and Rehabilitative Services. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 969549. Paul Winestock, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 969550. John M. Vrettos, Petitioner v. Jeffrey C. Bogden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 969551. Delton Davis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 969552. Paul Mahn, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 969553. Christa D. Graham, Petitioner v. Tony Turpin, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. No. 969554. Enrico Ferriante Cotten, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 969555. John D. Behler, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 969556. Fred Bakhshekooei, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 969557. John Ray Williams, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 969558. Marion Wilson, Petitioner v. Workers' Compensation Appeals Board, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

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MONDAY, OCTOBER 6, 1997 63 No. 969559. Loretta Smith, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 969560. Leonard Donald Singleton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 969561. Darryl Wayne Hall, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 969562. Adair D. Jones, Petitioner v. Louisiana State Bar Asso- ciation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 969563. Irene G. Lloyd, Petitioner v. Unity Mutual Life Insur- ance Company. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 969564. Peter P. Mauchlin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 969565. Raymond Jackson, Petitioner v. Gregory Kantola, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 969566. Alvin B. Truesdale, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 969567. Balwinder Singh Tung, Petitioner v. California. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 969568. William E. Williams, Petitioner v. Joanne C. Torrey. Petition for writ of certiorari to the Court of Appeals of New Mexico denied. No. 969569. William Van Poyck and Enrique Diaz, Petitioners v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 969571. Glen C. James, Petitioner v. Jim Minter, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 969572. Larry James Anderson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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64 MONDAY, OCTOBER 6, 1997 No. 969573. Danny Lee Henderson, Petitioner v. United States; and Danny Lee Henderson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 969574. John B. Bowring and Randy L. Leske, Petitioners v. Rod Ellis, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 969575. Harold Davy Cassell, Petitioner v. Larry Norris, Direc- tor, Arkansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 969576. Rudy Camposano Carrizal, Petitioner v. Gary L. John- son, Director, Texas Department of Criminal Justice, Institutional Di- vision. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 969577. Mustapha Baki, aka Robert H. Calhoun, Petitioner v. Tana Wood, Superintendent, Washington State Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 969578. Nicholas R. Crowder, Petitioner v. Royal Insurance Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 971. L. Alston, et al., Petitioners v. Arizona, ex rel. Richard C. Houseworth, Superintendent of Banks. Petition for writ of certiorari to the Court of Appeals of Arizona, Division One, denied. No. 972. Westinghouse Electric Corporation, Petitioner v. General Circuit Breaker & Electric Supply, Inc., et al. Petition for writ of cer- tiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 973. Total Medical Management, Inc., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 974. Fireman's Fund Insurance Company, Inc., Petitioner v. PaineWebber Real Estate Securities, Inc., et al. Petition for writ of certiorari to the Court of Appeal of California, First Appellate Dis- trict, denied. No. 975. Charles Ray Lewis, aka Don Reynolds, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976. Ervin Thomas Jenkins, Jr., Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied.

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MONDAY, OCTOBER 6, 1997 65 No. 978. Billy Howard Stanfield, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 979. Honeywell, Inc., et al., Petitioners v. Minnesota Life and Health Insurance Guaranty Association. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 9710. Carmen G. Salazar, Petitioner v. Bill Cassel. Petition for writ of certiorari to the Court of Appeals of New Mexico denied. No. 9711. Robert Dale Murr, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 9712. Eddie Lee Rowe, Sr., Petitioner v. Walgreen Company and Tony Frizzell. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 9713. Sally W. Drew and Judy Mayo, Petitioners v. Ricoh Cor- poration. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 9715. Lloyd E. Dawson, Jr., Petitioner v. Commissioner of Inter- nal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 9717. Michael T. Hall, Trustee, et al., Petitioners v. Federal Financial Company. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 9718. Dorothy Monica David, Petitioner v. City and County of Denver, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 9719. David L. Smith, Petitioner v. Supreme Court of Colorado; and David L. Smith, Petitioner v. Supreme Court of Colorado. Petition for writ of certiorari to the Supreme Court of Colorado denied. No. 9720. Rachel C. Nelmida, Petitioner v. Shelly Eurocars, Inc., dba BMW of Honolulu, Ltd., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 9721. Percy Mays, Jr., aka Pete, aka Pedro, aka Percy Lee Mays, Jr., Petitioner v. Mississippi. Petition for writ of certiorari to the Court of Appeals of Mississippi denied. No. 9722. Kenneth H. Schrager, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Third District, denied.

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66 MONDAY, OCTOBER 6, 1997 No. 9724. William Franklin Bailey, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Fourteenth Dis- trict, denied. No. 9725. Libertarian Party of Illinois, et al., Petitioners v. Wanda L. Rednour, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 9728. Richard Glanton, Trustee of the Barnes Foundation, et al., Petitioners v. Kenneth E. Davis, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 9730. Philip A. Deteresi, Petitioner v. City of Los Angeles, and Kenneth Lew. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 9732. Delia Mae West, Petitioner v. Morrison's Hospitality Group, and United Steelworkers of America, AFL-CIO-CLC. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 9733. Barbara C. Miller, Petitioner v. Alabama State Bar. Peti- tion for writ of certiorari to the Supreme Court of Alabama denied. No. 9734. Diane Hicks, Petitioner v. Westinghouse Materials Com- pany, et al. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 9735. Ronald Gregg, Petitioner v. Oregon. Petition for writ of certiorari to the Court of Appeals of Oregon denied. No. 9736. Efren Rendon, et al., Petitioners v. Excel Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 9737. Lois Kay Steere, Petitioner v. Jeppesen Sanderson, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 9738. James L. Cannon, Petitioner v. Bristol, Tennessee, Board of Education, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 9739. Ivan M. Naumov, Petitioner v. University of Pittsburgh. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 9740. Ronald B. Buskirk, et al., Petitioners v. Georgia, et al. Petition for writ of certiorari to the Supreme Court of Georgia denied.

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MONDAY, OCTOBER 6, 1997 67 No. 9741. Yavarace Young, Petitioner v. Illinois, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 9743. St. Charles County, Petitioner v. Missouri Family Health Council. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 9745. Mark Avery Hill Stern, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Second District, denied. No. 9746. Talasila, Inc., et al., Petitioners v. Alexis Herman, Secre- tary of Labor. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 9748. Janet L. Douglass, Petitioner v. United States, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 9750. Dan E. Hale, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 9751. Fred L. Murray, Jr., Petitioner v. Trans Union Corpora- tion. Petition for writ of certiorari to the United States Court of Ap- peals for the First Circuit denied. No. 9752. Danny Ryan Sass, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 9754. William H. Hudgins, Petitioner v. Jesse Brown, Secretary of Veterans Affairs. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 9756. Stanley L. Peters, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 9757. Delos M. Palmer, Jr., Petitioner v. Richard G. LaValley and Gerard Associates, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 9760. Kentucky Right to Life, Inc., et al., Petitioners v. David Stengel, Commonwealth Attorney, Jefferson County, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 9761. Margaret Hebert Jackson, Petitioner v. Zapata Haynie Corporation, et al.; Diane Arthur and Barbara Arthur, Petitioners v.

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68 MONDAY, OCTOBER 6, 1997 Zapata Haynie Corporation, et al.; and Mary King-Hill, et al., Petition- ers v. Zapata Haynie Corporation, et al. Petition for writ of certiorari to the Court of Appeal of Louisiana, Third Circuit, denied. No. 9763. Creative Strategy Fund I and Creative Strategy, Inc., Petitioners v. Prudential Securities, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 9764. Manh Tran, Petitioner v. Wayne State University, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 9766. Maurice Rivers and Robert C. Davison, Petitioners v. Roadway Express, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 9767. John Anthony Sheehan, Petitioner v. John P. Whitley, Warden, and Louisiana. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 9768. Westowne Shoes, Inc., et al., Petitioners v. Brown Group, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 9769. Henry Lee Hunt, Petitioner v. North Carolina. Petition for writ of certiorari to the Superior Court of North Carolina, Robeson County, denied. No. 9770. International Fidelity Insurance Company, Petitioner v. Board of Trustees of Operating Engineers Local 825 Fund Service Facilities. Petition for writ of certiorari to the Supreme Court of New Jersey denied. No. 9771. DeKalb Stone, Inc., Petitioner v. DeKalb County, Georgia, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. No. 9772. Katherine Moore, et al., Petitioners v. Sticks Billiards, Inc., et al. Petition for writ of certiorari to the Court of Appeals of Texas, Fourteenth District, denied. No. 9773. Wesley Darling and Erik Lewis, Petitioners v. MacPher- son, Inc., et al. Petition for writ of certiorari to the Court of Appeals of Washington, Division 1, denied. No. 9774. Sally Ann Valot, et al., Petitioners v. Southeast Local School District Board of Education, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

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MONDAY, OCTOBER 6, 1997 69 No. 9776. Sol Gross and Panther Hollow Corporation, Petitioners v. City of Pittsburgh. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 9778. John Yiamouyiannis, Petitioner v. William Lowe, et al. Petition for writ of certiorari to the Court of Appeals of Ohio, Delaware County, denied. No. 9780. Michael F. Dehoney, Petitioner v. South Carolina Depart- ment of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 9781. Delaware River and Bay Authority, Petitioner v. Interna- tional Union of Operating Engineers, Local 68, AFL-CIO, et al. Peti- tion for writ of certiorari to the Supreme Court of New Jersey denied. No. 9783. German Roman Catholic Congregation of St. Michael's Church, etc., et al., Petitioners v. Donald W. Wuerl, Bishop, Roman Catholic Diocese of Pittsburgh. Petition for writ of certiorari to the Superior Court of Pennsylvania, Pittsburgh Office, denied. No. 9784. Dilling Mechanical Contractors, Inc., Petitioner v. Na- tional Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 9785. Ronald M. Schmidtendorff, Petitioner v. Wisconsin. Peti- tion for writ of certiorari to the Court of Appeals of Wisconsin, District II, denied. No. 9786. Robbie A. Viator, et al., Petitioners v. Delchamps, Incor- porated. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 9787. Distributel, Inc., Petitioner v. Alaska. Petition for writ of certiorari to the Supreme Court of Alaska denied. No. 9788. Rex W. Cunningham, Jr., Thomas Ferris, and Brian Hoyle, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 9789. James R. Ledbetter, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 9790. John D. Puchner, Petitioner v. William Kruziki, Waukesha County Sheriff, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 9791. James Fronko, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

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70 MONDAY, OCTOBER 6, 1997 No. 9793. J. Michael Schaefer, Petitioner v. Ira Fefferman, dba Up- town Property Management. Petition for writ of certiorari to the Ap- pellate Department, Superior Court of California, San Diego County, denied. No. 9794. Kandis L. Papike, Petitioner v. Tambrands, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 9796. Julia McCain Lampkin Asam, Petitioner v. John A. Owens, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 9797. Richard Benedykt Preuss, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. No. 9798. Pan-American Life Insurance Company, and National In- surance Services, Inc., Petitioners v. Cypress Fairbanks Medical Cen- ter, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 9799. Centex Bateson Construction Company, Inc., Petitioner v. Department of Taxation and Revenue of New Mexico. Petition for writ of certiorari to the Court of Appeals of New Mexico denied. No. 97101. Angela Noelle, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Third District, denied. No. 97102. Joseph R. Caterina, Frances H. Caterina, Emmett Caterina, and Clara Caterina, Petitioners v. Blakely Borough, et al. Petition for writ of certiorari to the Commonwealth Court of Pennsyl- vania denied. No. 97103. Luis Rosado, Petitioner v. Jeffrey Merrill, Director, Charleston Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 97105. Virginia Beach Board of Zoning Appeals, et al., Petition- ers v. Patrick A. Janezeck. Petition for writ of certiorari to the Circuit Court of Virginia, City of Virginia Beach, denied. No. 97106. Mary Thomas and Ivy Thomas, Petitioners v. Metropoli- tan Life Insurance Company and Donna Powell-Thomas. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 97107. Grant T. Lindsay, F. Bruce Stevens, Russell M. Rasmus- sen, and Thomas C. LaBau, Petitioners v. Thiokol Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

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MONDAY, OCTOBER 6, 1997 71 No. 97108. Robert Hagood, III, Petitioner v. Alabama Department of Environmental Management, et al. Petition for writ of certiorari to the Court of Civil Appeals of Alabama denied. No. 97110. Steve Brodeur and Alex Astorga, Petitioners v. Todd Lewis Ashker. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97111. Terry Kirkland, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97114. Athilla Maria Harris, Petitioner v. Arlington County, Virginia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97116. Charles Edward Hightower, et al., Petitioners v. Doane Products Company. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97117. John A. Ventura, Petitioner v. City of Independence, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97118. Tulare County Department of Health Services, Peti- tioner v. Lydia Mary Moran. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97119. Stutz Motor Car of America, Inc., Petitioner v. Reebok International Ltd. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 97120. Claudia Cosgrove, Petitioner v. Shearson Lehman Broth- ers. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 97121. In Re Byron C. Wells, Petitioner. Petition for writ of certiorari to the Supreme Court of Indiana denied. No. 97125. Protective Life Insurance Company, Petitioner v. Lazard Freres & Co. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97128. Rod McKinney, et al., Petitioners v. Emery Air Freight Corporation, dba Emery Worldwide, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Ninth Circuit denied. No. 97130. Julio Banderas, aka Banderas Orthopaedic Clinic, et al., Petitioners v. Alexander Doman. Petition for writ of certiorari to the Court of Appeals of Georgia denied.

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72 MONDAY, OCTOBER 6, 1997 No. 97131. A1 Appliance, et al., Petitioners v. Deutsche Financial Services Corp. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 97132. Ben W. Allustiarte, et ux., Petitioners v. W. Austin Coo- per. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 97134. Cynthia A. Bell, Petitioner v. Alden Owners, Inc. Peti- tion for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied. No. 97136. Mary Joy Ann Gustilo and Jose Vicente Gustilo, III, Petitioners v. Nadina Maravilla Gustilo, etc., et al. Petition for writ of certiorari to the Court of Appeals of Texas, Fourteenth District, denied. No. 97138. Jeanne Ellis, Petitioner v. Transamerica Occidental Life Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97139. H. Beatty Chadwick, Petitioner v. R. D. Andrews, War- den, et al.; and H. Beatty Chadwick, Petitioner v. R. D. Andrews, War- den, et al. Petition for writ of certiorari to the Superior Court of Penn- sylvania, Philadelphia Office, denied. No. 97140. Katherine Hine, Petitioner v. Oklahoma, ex rel. Okla- homa Bar Association. Petition for writ of certiorari to the Supreme Court of Oklahoma denied. No. 97142. Tillman Corporation, Petitioner v. Fideity & Casualty Company of New York. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97143. Sam Wright, Jr., Petitioner v. Rodney Slater, Secretary of Transportation. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97148. Arizona Department of Corrections, et al., Petitioners v. Evan Arthur Hook, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97150. Jose Gracia, et al., Petitioners v. Raul Trevino, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97153. Thomas E. Johnston, Petitioner v. Tidewater Marine Service, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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MONDAY, OCTOBER 6, 1997 73 No. 97154. Robert C. Flanagan, Petitioner v. Judicial Review Coun- cil of Connecticut. Petition for writ of certiorari to the Supreme Court of Connecticut denied. No. 97157. United States, ex rel. D. J. Findley, Petitioner v. FPC- Boron Employees' Club, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 97158. Barbara F. Green, et vir, Petitioners v. Town of Brook- line. Petition for writ of certiorari to the United States Court of Ap- peals for the First Circuit denied. No. 97159. Debra Black, Petitioner v. Zaring Homes, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97161. Masami Aizawa, Petitioner v. Japan, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97162. Edward G. Spranger, Petitioner v. Marvin Runyon, Post- master General. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97164. Linda K. Hansen, Petitioner v. Sea Ray Boats, Inc. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 97165. Donzell Jones, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97167. Susan A. Bjurman and George A. Bjurman, Co- Executors of Will of Dorothy M. Bjurman, Petitioners v. Transamerica Corporation Employees Health Care Plan. Petition for writ of certio- rari to the United States Court of Appeals for the Ninth Circuit denied. No. 97168. Wesley K. Bell, Petitioner v. New Jersey, et al. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. No. 97169. Jan Richard Kravander, Petitioner v. Wellington Loh, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 97171. Richard DeCaro, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

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74 MONDAY, OCTOBER 6, 1997 No. 97173. Richard Heberlig, Petitioner v. Raymond Sobina, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 97175. Bruce John Giannetti, Petitioner v. Doreen Ruth Deock. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. No. 97176. H. Scott Borland, Petitioner v. Ernest A. Emerson, Quay Wood, Brian McRae, Glenn Zoch, and Louis diDonato. Petition for writ of certiorari to the Court of Appeals of Texas, Third District, denied. No. 97177. Benjamin Adams and Philip Jackson, Petitioners v. City of Jersey City. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 97178. Diana Fairechild, Petitioner v. United Airlines, Inc., et al. Petition for writ of certiorari to the Supreme Court of Hawaii denied. No. 97181. Lawrence Fafarman, Petitioner v. California, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97182. Wesley K. Bell, ta Wes Outdoor Advertising Co., Peti- tioner v. New Jersey Department of Transportation; and Wesley K. Bell, ta Wes Outdoor Advertising Co., Petitioner v. New Jersey Depart- ment of Transportation. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. No. 97183. Mildred Marie White, et al., Petitioners v. Michael P. Downs and James A. Cathcart. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97184. Karl Wade, Petitioner v. City of Inglewood. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97187. Sandra S. Nelson, Petitioner v. McClatchy Newspapers, Inc., et al. Petition for writ of certiorari to the Supreme Court of Wash- ington denied. No. 97190. Double R Inc., dba Double R Vending, Inc., et al., Peti- tioners v. Michael F. Leary. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97191. Nancy Prescott, Petitioner v. G. I. W. Industries, Inc., and KSB America Company. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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MONDAY, OCTOBER 6, 1997 75 No. 97192. Rene' Joseph Martin, Petitioner v. William E. Cohen, Secretary of Defense, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97193. Paul L. Barrett, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 97194. Douglas Nelson Carlisle, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Second Dis- trict, denied. No. 97198. Cornell D. Cornish, Petitioner v. District of Columbia Board on Professional Responsibility. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 97199. Yiqun Guo, Petitioner v. Ryland Group, Inc., et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97201. Viney K. Gupta, et ux., Petitioners v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97202. William C. Sarsfield, Former Chairman of the Board and Current Director of Sequoia National Bank, Petitioner v. Office of the Comptroller of the Currency. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97203. David J. Boatright, Petitioner v. Alexis Herman, Secre- tary of Labor, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97205. Susan Tangari, Petitioner v. Connecticut. Petition for writ of certiorari to the Appellate Court of Connecticut denied. No. 97206. Addison Jack Worthington, Petitioner v. Louisiana De- partment of Transportation and Development, et al. Petition for writ of certiorari to the Court of Appeal of Louisiana, Second Circuit, denied. No. 97207. Michael Kremetis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 97212. John Mitchell Burnstine, Petitioner v. California Depart- ment of Motor Vehicles. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. No. 97213. Bruce Buchbinder, et ux., Petitioners v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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76 MONDAY, OCTOBER 6, 1997 No. 97224. David John Diersen, Petitioner v. Chicago Car Ex- change, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97227. Estate of Alexis Colon, Deceased, by Personal Repre- sentative Peaches Martinez, et al., Petitioners v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97229. William Harmon, Petitioner v. CSX Transportation, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97233. Madeline A. Penchishen, Petitioner v. Stroh Brewery Co. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 97234. Haim Yuzary, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97237. Ellis R. Lewis, Petitioner v. BOCA Appeals Board of Clarksburg, et al. Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied. No. 97239. Benedetto Aloi and Venero Mangano, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97240. David E. Wright, et ux., etc., Petitioners v. National Marine Fisheries Service; Charlotte Noradoun and Edwdard Runyon, dba F/V Sea Pearl, Petitioners v. National Marine Fisheries Service; and Dale R. Kent and Lady Cecelia, Inc., Petitioners v. National Ma- rine Fisheries Service. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97244. Phonometrics, Inc., Petitioner v. Radisson Hotels Inter- national, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 97245. Alex Alvarado, Petitioner v. El Paso Independent School District, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97248. Dano Resource Recovery, Inc., Petitioner v. District of Columbia. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 97249. Estate of Donald H. Ray, Deceased, et al., Petitioners v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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MONDAY, OCTOBER 6, 1997 77 No. 97250. Harold Alvin Schildt, Petitioner v. Harry Souval, 8th District Prosecutor, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 97254. Ferris Alexander, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97255. Sylvester Jones, Petitioner v. Supreme Court of the United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97256. Tony Ray McGirt, Petitioner v. North Carolina. Petition for writ of certiorari to the Supreme Court of North Carolina denied. No. 97257. Woody Voinche, Petitioner v. Central Intelligence Agency. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97258. Vance C. Miller, Petitioner v. Stonehedge/FASA-Texas JDC, Limited Partnership. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97262. Dale L. Epland, Personal Representative of the Estate of Glennie I. Epland, Deceased, Petitioner v. Lumbermen's Mutual Cas- ualty Company, et al. Petition for writ of certiorari to the Supreme Court of Minnesota denied. No. 97264. William M. Fiore, ta Fiore Trucking and Contracting, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Com- monwealth Court of Pennsylvania denied. No. 97268. Jesse Edwin Richburg, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97272. John Daniel Leasure, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97274. John D. Bond, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Armed Forces denied. No. 97275. Lynn A. Shaffer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Armed Forces denied. No. 97281. C. R. W., Petitioner v. Office of Bar Admissions, Supreme Court of Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied.

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78 MONDAY, OCTOBER 6, 1997 No. 97283. Leonard David Stevens, Petitioner v. Gary Johnson, Di- rector, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97284. James L. Larson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97290. Robert Lee Aston, Petitioner v. Missouri, et al. Petition for writ of certiorari to the Supreme Court of Missouri denied. No. 97292. Jacob Sampson, Petitioner v. Consuelo E. Bedoya, Judge, Circuit Court of Cook County, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97297. Zbigniew M. Wojcik, Petitioner v. University of Texas at San Antonio. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97304. Frances S. Norris, Petitioner v. Department of Defense, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the District of Columbia Circuit denied. No. 97316. Adrienne M. Hall, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Armed Forces denied. No. 97325. Juanita W. Childs, Petitioner v. PaineWebber Inc. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97351. Gerard A. Potts, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97363. Camille Ford, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975001. David Covington, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975002. Robert John Collins, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975003. Lee Roy Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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MONDAY, OCTOBER 6, 1997 79 No. 975004. Michael Quevado, Sr., Petitioner v. Gregory A. Baldor, et al. Petition for writ of certiorari to the Supreme Court of Vermont denied. No. 975006. Orlando Pilco, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 975009. Arnold Mitchell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 975010. Leo Masters, Petitioner v. City of Bellflower, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975011. Henry Stephens, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975012. Mario Rivera-Robles, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975013. Antonio Sandoval-Reynoso, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975014. Sheila Savoy, Petitioner v. Gladys Savoy. Petition for writ of certiorari to the Supreme Court of Texas denied. No. 975015. Ndubuizu Mbadiwe, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975016. Patrick Lane Moody, Petitioner v. North Carolina. Peti- tion for writ of certiorari to the Supreme Court of North Carolina denied. No. 975017. Anthony Jamison, Petitioner v. Willis E. Morton, Ad- ministrator, New Jersey State Prison, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Third Circuit denied. No. 975018. Marvin D. Mayberry, Petitioner v. Martin Makel, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 975022. Leonida Lidman, Petitioner v. Susan Barone, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

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80 MONDAY, OCTOBER 6, 1997 No. 975024. J. W. McKellip, Petitioner v. Sorrell, Anderson, Lehr- man, Wanner and Thomas, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975025. French Lee Miller, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975026. Roy Sutherland, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. No. 975027. Marina Miranda, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 975028. Robert L. Jarrett, Jr., Petitioner v. Toxic Action Wash, aka Ohio Citizen Action. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 975029. William D. Killion, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 975034. Martin Angel Prado, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Fourteenth Dis- trict, denied. No. 975035. Joe T. Boyd, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975036. Anthony Ragozzino, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 975037. Carlos A. Londono, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975040. Tuhran A. Lear, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 975041. Barbara J. Moller, Petitioner v. California Department of Social Services. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975043. Colvin McCright, Petitioner v. James H. Gomez, Direc- tor, California Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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MONDAY, OCTOBER 6, 1997 81 No. 975044. Charles R. Fisher, Petitioner v. Luella Burke, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 975045. Scott Elliott Raymer, Petitioner v. John Ray Enright, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied. No. 975046. Tony Howze, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 975047. Rodney Eugene Galgiani, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975048. Leroy Prince, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 975049. Jose Delgado-Flores, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975050. Norman Gregory, Petitioner v. William J. Love, Super- intendent, State Correctional Institution at Huntingdon, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 975052. Lamont A. Fultz, Petitioner v. Carl White, Superin- tendent, Algoa Correctional Center. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 975053. Baldwin Neal Foster, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 975054. Sylvester Hornbuckle, Petitioner v. Michael Groose, Superintendent, Jefferson City Correctional Center. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 975055. Lillie Harris, Petitioner v. Togo West, Secretary of the Army. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 975057. Daniel Basile, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

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82 MONDAY, OCTOBER 6, 1997 No. 975058. Demetrius Carlos Thompson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975059. Troy Weekes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 975060. Mel T. and Carolyn T., Petitioners v. California Depart- ment of Social Services. Petition for writ of certiorari to the Court of Appeal of California, Third Appellate District, denied. No. 975061. Michael Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975062. George Joseph Troutman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975063. Steven Clayton Walker, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975064. Darrell A. Tomblin, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975065. Alejandro Vargas-Hernandez, Petitioner v. United States; No. 975336. Alvaro Domarco-Sanchez, Petitioner v. United States; and No. 975421. Jose Manuel Arciniega, Petitioner v. United States. Pe- titions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975066. William Michael Cunningham, Petitioner v. Board of Governors of the Federal Reserve System. Petition for writ of certio- rari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 975067. Jermone Thymes, John Thymes, and Shirley Thymes, Petitioners v. Metropolitan Life, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975068. Lisa Timmons, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

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MONDAY, OCTOBER 6, 1997 83 No. 975069. Joseph Patrick Poynton, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 975070. Peregrino A. Fazon, Petitioner v. Jesse Brown, Secre- tary of Veterans Affairs. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 975071. Fred Blount, III, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975072. Gary Lee Roller, Petitioner v. William E. Gunn, Direc- tor, South Carolina Department of Probation, Parole and Pardon Serv- ices. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. No. 975073. James Braxton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975074. Frederick D. Coombs, Petitioner v. United States. Peti- tion for writ of certiorari to the District of Columbia Court of Ap- peals denied. No. 975075. Richard Bonat, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975077. Melvin Peabody, Petitioner v. Gerald Hofbauer, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 975078. John Julius Hunt, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975079. Stanley R. Green, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 975080. Robert Henderson, Jr., Petitioner v. Robert Tansy, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 975081. Barry Caesar Garcia, Petitioner v. North Dakota. Peti- tion for writ of certiorari to the Supreme Court of North Dakota denied.

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84 MONDAY, OCTOBER 6, 1997 No. 975083. Susan Huffman, Petitioner v. Superior Court of Califor- nia, Monterey County. Petition for writ of certiorari to the Court of Appeal of California, Sixth Appellate District, denied. No. 975084. John Pecoraro, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 975085. Christobal Vigil, Petitioner v. John Shanks, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 975086. Thomas L. Walker, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 975090. Armaretta B. Perry, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 975091. Enrique Valdes, Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975092. Philip Elliott Jones, Petitioner v. Don Houseworth. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 975093. Karl Julius James, Petitioner v. John Doe, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 975094. John Montalvo, Petitioner v. Robert G. Borg, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975096. Darrell Christopher Woods, Petitioner v. North Caro- lina. Petition for writ of certiorari to the Supreme Court of North Carolina denied. No. 975098. Arthur M. Armstrong, Petitioner v. Duane Shillinger, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 975099. Ken Barfield, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 975100. Glenn Coleman, Petitioner v. Thomas Beilein, Sheriff. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

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MONDAY, OCTOBER 6, 1997 85 No. 975101. Joe Canada, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975102. Augustine Martinez, Petitioner v. Gary L. Johnson, Di- rector, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975104. Eli Mungia, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975105. David W. Woods, Petitioner v. Internal Revenue Serv- ice. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975107. Robert Marshall, Petitioner v. New Jersey. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. No. 975108. Lazaro Jorge Saez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 975109. Jerry Wayne Conner, Petitioner v. North Carolina. Pe- tition for writ of certiorari to the Supreme Court of North Carolina denied. No. 975111. Francisco Ramirez, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975112. Kenneth Duane Roy, Petitioner v. Thomas M. Maddock, Interim Director, California Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975113. Rey David Vargas, Petitioner v. J. Wayne Garner, Com- missioner, Georgia Department of Corrections, et al. Petition for writ of certiorari to the Supreme Court of Georgia denied. No. 975114. Michael A. Thompson, Petitioner v. Drug Enforcement Administration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 975115. Frank Junior Chambers, Petitioner v. North Carolina. Petition for writ of certiorari to the Supreme Court of North Caro- lina denied.

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86 MONDAY, OCTOBER 6, 1997 No. 975117. Gregory Tillis, Petitioner v. Peg Kernan, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975118. Melvin Trotter, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 975119. Anthony Washington, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975120. Rick L. Wilson, Petitioner v. Charles Harper, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 975126. Everett Eugene Sesler, Petitioner v. Percy H. Pitzer, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 975127. Alvaro Quintana, Petitioner v. United States; and No. 975220. Mercedes Quintana, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975128. Irving Parker, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 975129. Raul De Los Santos-Martinez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975130. William Henry Sheppard, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 975131. James Lee Collins, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied. No. 975132. Jason Evan Browne, Petitioner v. Nevada. Petition for writ of certiorari to the Supreme Court of Nevada denied. No. 975135. John M. Vrettos, Petitioner v. Louise M. Rezza, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 975136. Jonathan David Curry, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

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MONDAY, OCTOBER 6, 1997 87 No. 975137. Robert Saunders, Petitioner v. Stanley Taylor, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 975138. James Earl Thomas, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975139. Jeffery Curtis Gilbert, Petitioner v. Maryland. Petition for writ of certiorari to the Court of Appeals of Maryland denied. No. 975140. Robert Flieger, Petitioner v. Michael Bowersox, Super- intendent, Potosi Correctional Center. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 975141. James Hughes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 975142. Ricky A. Pierce, Petitioner v. Russell Ginn, Superin- tendent, Greene Correctional Center. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975143. Joel Frost, Petitioner v. Tydus Meadows, Warden. Peti- tion for writ of certiorari to the Superior Court of Georgia, Baldwin County, denied. No. 975144. James H. Higgason, Jr., Petitioner v. Norman Cottrell, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. No. 975146. John Stanley Steffen, Petitioner v. Peggy Kernan, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 975147. Jorge Rodriguez-Calderon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 975148. Dwight Lamar Sanders, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975149. Larry Bernard Jackson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975150. Calvin D. Litton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

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88 MONDAY, OCTOBER 6, 1997 No. 975151. Elaine C. Mmahat, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975152. Roland John Thomas Weber, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Third Appellate District, denied. No. 975153. Mao-Shiung Wei, Petitioner v. Hackettstown Commu- nity Hospital, et al. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. No. 975154. Noel Ruiz Torres, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 975155. Travis Murl Williams and Charles Lanie Norvell, Peti- tioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 975156. Barrington F. Watkis, Petitioner v. Kuehne & Nagel, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 975157. Senaido Adame, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975158. Darrius Abdullah, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 975160. Barry Allen Fisher, Petitioner v. John Wyatt, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975161. David Scott Detrich, Petitioner v. Arizona. Petition for writ of certiorari to the Supreme Court of Arizona denied. No. 975162. Franklin Hutson, Petitioner v. South Carolina Depart- ment of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975163. Margaret Hewitt, Petitioner v. Mary Sue Lawson. Peti- tion for writ of certiorari to the Court of Special Appeals of Mary- land denied. No. 975164. Martin Bryd Quillen, Petitioner v. Southwest Virginia Production Credit Association. Petition for writ of certiorari to the Supreme Court of Virginia denied.

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MONDAY, OCTOBER 6, 1997 89 No. 975165. Bruce Raineri, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 975166. Roberto Ferrera, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 975167. Joseph Gunther, Petitioner v. Niagara Mohawk Power Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 975168. Deryl James Fontenot, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975169. Anthony R. Zanders, Petitioner v. Donald T. Vaughn, Superintendent, State Correctional Institution at Graterford. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 975170. Ronald W. Washington, Petitioner v. John Brusstar. Petition for writ of certiorari to the Court of Appeals of Michigan denied. No. 975171. Lionel Reed, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975172. Chadwick Rogers, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 975174. Bryant Keith Chisholm, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975175. Lamar R. Booth, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 975177. Louis Broadwell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975178. Lelynn Allen Covert, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 975179. Charlie Livingston, Petitioner v. Gary L. Johnson, Di- rector, Texas Department of Criminal Justice, Institutional Division.

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90 MONDAY, OCTOBER 6, 1997 Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975180. Matthew D. Mitchell, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 975181. Luis Leon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 975182. Linda S. Morton, Petitioner v. GTE North, Incorpo- rated. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. No. 975183. Ezequiel Montes-Fierro, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 975184. Laird K. Mitchell, Petitioner v. Mike Kemna, Superin- tendent, Western Missouri Correctional Center. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Cir- cuit denied. No. 975185. Michael Alan Lawrence, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 975186. Marvin Barnett Jones, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 975188. Kenneth Lloyd Longstaff, Petitioner v. Harry K. Sin- gletary, Jr., Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 975189. Ramon Sarmiento-Maldonado, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975190. Neil Oser, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Cir- cuit denied. No. 975191. Jose Silva, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 975192. Tommy Smith, Petitioner v. Commerce Club, Inc. Peti- tion for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

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MONDAY, OCTOBER 6, 1997 91 No. 975193. Robert Ralph McGowan, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975194. Jean Marie Mostek Martinez and Clory Jane Mostek, Petitioners v. Beaver Stairs Company, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Sixth Circuit denied. No. 975196. Jose Colon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 975197. Oscar Johnson, Petitioner v. Municipal Courts of Cali- fornia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975198. Kim Moss, Petitioner v. Kenneth L. McGinnis, Director, Michigan Department of Corrections, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Sixth Circuit denied. No. 975199. Michael Anthony McDonald, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975200. Tommy Merrel Jackson, aka TJ, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975201. Lev Pribytkov, Petitioner v. New Jersey Institute of Technology. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. No. 975202. Kanard J. Meloncon, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975203. Joseph L. Williams, Petitioner v. Randy Henderson, Superintendent, Centennial Correctional Facility, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 975204. Rahsaan Williams, Petitioner v. R. J. McClellan, Super- intendent, Southport Correctional Facility. Petition for writ of certio- rari to the United States Court of Appeals for the Second Circuit denied. No. 975205. Bradley Wayne Strickland, Petitioner v. Arizona. Peti- tion for writ of certiorari to the Court of Appeals of Arizona, Division One, denied.

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92 MONDAY, OCTOBER 6, 1997 No. 975206. Warren Boardley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975208. John C. Berkery, Petitioner v. Commissioner of Inter- nal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 975209. Terry Allen Langford, Petitioner v. Rick Day, Director, Montana Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975210. Ronn Sterling, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 975211. Leroy Davis and Jermel Alston, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975212. Eddie Demar, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 975213. Xenia L. Filipos, Petitioner v. Michael Filipos. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadel- phia Office, denied. No. 975214. Phil Walker, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 975215. Michael C. Hicks, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 975216. Victor Dale Thomas, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 975217. Anderson Delgado, aka Andy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 975219. Lloyd Allen Hanley, Petitioner v. Dennis L. Benson, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 975221. Keith Ray Williamson, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

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MONDAY, OCTOBER 6, 1997 93 No. 975222. Timothy Thomas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975223. James Conyers, Jr., Petitioner v. Lark Voorhies. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 975224. Jerry K. Bennett, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975225. Antonio Miguel Chavez, Petitioner v. John H. Shanks, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 975226. David C. Borsick, Petitioner v. Court of Common Pleas of Ohio, Erie County, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 975227. Kevin White, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975228. Alphonso James, Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections, et al. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 975229. Larry McFarland, Petitioner v. George M. Hinkle, War- den. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 975230. Alan A. Stevens, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 975231. Douglas Ross, Petitioner v. Willie James Thompson, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975232. James Beverly, Petitioner v. Hans Walker, Superin- tendent, Auburn Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 975233. Sylvester Watkins, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 975234. Gary L. Trollinger, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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94 MONDAY, OCTOBER 6, 1997 No. 975235. Jerome Walker, Petitioner v. Colorado. Petition for writ of certiorari to the Supreme Court of Colorado denied. No. 975236. Peter Jay Barney, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 975237. Patricio Rogelio Aguilera, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975239. Isong Udo Isong, Petitioner v. United States; and Mary Isong, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 975240. Antoine Miller, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 975241. Richard P. Michael, Petitioner v. Ronald F. Moats, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975245. Daniel Anthony Basile, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. No. 975247. Arthur Jerome Steward, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975248. Todd Warren Altschul, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 975249. Dusty Ray Spencer, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 975250. Bernard E. Miller, Petitioner v. Thomas R. Corcoran, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975251. Myron John Kykta, Petitioner v. Odie Washington, Di- rector, Illinois Department of Corrections. Petition for writ of certio- rari to the United States Court of Appeals for the Seventh Circuit denied. No. 975252. Ronald A. Brenson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975254. Joseph L. Deerwester, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth Dis- trict, denied.

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MONDAY, OCTOBER 6, 1997 95 No. 975256. Curtis Anthony Haynes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975258. Gina G. Foroughi, Petitioner v. Industrial Commission of Arizona, et al. Petition for writ of certiorari to the Court of Appeals of Arizona, Division One, denied. No. 975259. Ronald Dean Holman, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Seventh District, denied. No. 975260. David I. Epps, Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections. Petition for writ of cer- tiorari to the Supreme Court of Florida denied. No. 975261. Daniel Harp, Petitioner v. Willis E. Morton, Adminis- trator, New Jersey State Prison, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 975262. Charles Hili, Petitioner v. Glenn S. Goord, Commis- sioner, New York Department of Correctional Services, et al. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Third Judicial Department, denied. No. 975263. Edward Lee Reed, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975265. Lindsey Ray Seals, Petitioner v. Gary L. Johnson, Di- rector, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975266. Sergio Ortiz-Villa, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975267. Charles Peyton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975268. Todd Smith, Petitioner v. Robert E. Ward, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975271. Luke Jernigan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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96 MONDAY, OCTOBER 6, 1997 No. 975272. Paul David Simpson, Petitioner v. Campbell County School System, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975274. Johnny Lee Leonard, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975275. Nathan Jones, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 975276. James Walter Lillard, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975277. Randall Monk, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 975278. James Lisk, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 975279. Jean Marie Martinez, Petitioner v. BCF Engineering, Incorporated. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 975280. Jeffery Powell Kirby, Petitioner v. Alabama Depart- ment of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975281. John C. Berkery, Petitioner v. Bally's Health and Ten- nis Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 975283. Kevin Shehee, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 975284. Howard J. McClure, Jr., Petitioner v. City of Charlotte. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975285. Michael E. Lozano, Petitioner v. Michael Bowersox, Superintendent, Potosi Correctional Center, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Cir- cuit denied.

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MONDAY, OCTOBER 6, 1997 97 No. 975286. Brian Maus, Petitioner v. James Murphy, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 975287. Yusuf Broachwala, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 975289. Arnett Buc-Hanan, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. No. 975290. George Roberson, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied. No. 975291. Oscar Castro-Severino, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 975292. Harold G. Abbey, Petitioner v. Patent and Trademark Office Board of Patent Appeals and Interferences. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 975293. Charles L. Lambert, II, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975294. Brian Maus, Petitioner v. James Murphy, Warden, et al. Petition for writ of certiorari to the Supreme Court of Wisconsin denied. No. 975297. William L. Wiley, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied. No. 975298. Johnny Dewayne Wilson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975301. Leamon Lee Tatum, Petitioner v. Correctional Medical Systems, et al. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied. No. 975302. Rey David Vargas, Petitioner v. Bobby K. Whitworth, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. No. 975303. John Grimes Wells, Petitioner v. W. K. Jones, Superin- tendent, Wake Correctional Center. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

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98 MONDAY, OCTOBER 6, 1997 No. 975304. Johnny Louis Wardlaw, Petitioner v. Lloyd Waters, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975306. Tony Edward Powell, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975307. Lacey Sivak, Petitioner v. Idaho. Petition for writ of certiorari to the Supreme Court of Idaho denied. No. 975308. Elizabeth Ramey-Gillis, Petitioner v. Kaiser Perma- nente. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied. No. 975309. Gerrit Vermeulen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975312. Robert Attwood, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 975313. Louis A. Becht, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Fourth Judicial Department, denied. No. 975314. Illes P. Csorba, Petitioner v. Varo, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975315. Rondol Hammer, Petitioner v. James Bowlen, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 975316. Melvin Lee Duhon, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975317. Di-Jing Hu, Petitioner v. John Hancock Mutual Life Insurance Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975318. Alfredo DeJesus, Petitioner v. United States; and No. 975523. Jose Casiano, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 975319. Derek E. Gronquist, Petitioner v. Washington. Petition for writ of certiorari to the Court of Appeals of Washington, Division 1, denied.

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MONDAY, OCTOBER 6, 1997 99 No. 975320. Curtis Lee Echols, Jr., Petitioner v. Michael J. Bowers, Attorney General of Georgia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975321. Miguel Angil Gonzalez, aka Miguel Gonzales, Peti- tioner v. Charles H. Turner, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975322. Bill Herron, Petitioner v. Karen Cornell. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 975323. Noel Keith Watkins, Petitioner v. Theo White, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 975324. Curt McDonnell, Petitioner v. Donna E. Shalala, Secre- tary of Health and Human Services, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975325. Stefan Ira Praino, et ux., Petitioners v. Board of Educa- tion of Wappingers Central School District, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Cir- cuit denied. No. 975326. Defabian Shannon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 975327. John W. Ralston, Jr., Petitioner v. Frederick K. Frank, Superintendent, State Correctional Institution at Huntingdon, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 975329. Steve L. Thomas, Petitioner v. California Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975330. Kenneth Glenn Milner, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975331. Oyd Collins McCray, Petitioner v. Michigan. Petition for writ of certiorari to the Court of Appeals of Michigan denied. No. 975334. Kim Blandino, Petitioner v. Brenda Burns, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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100 MONDAY, OCTOBER 6, 1997 No. 975335. Jules J. Walter, Petitioner v. Austin Industrial, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975337. Barry Davis, aka Mark Johnson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 975339. Earlene Davenport, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975340. James A. Barker, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 975341. Joseph Thomas Szuchon, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern District, denied. No. 975342. Dennis Anderson, Petitioner v. Michael Groose, Super- intendent, Jefferson City Correctional Center. Petition for writ of cer- tiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 975344. Glenn Calvin Lawhorn, Jr., Petitioner v. Rufus R. Fleming, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975345. Manuel Crawford, Petitioner v. Oklahoma, et al. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Okla- homa denied. No. 975346. Darrell Lamont Bailey, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 975349. Glendale Sones, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied. No. 975350. Samuel Citizen, Petitioner v. Texas. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Cir- cuit denied. No. 975351. Ricardo Borroto, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975352. Michael D. Anderson, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied.

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MONDAY, OCTOBER 6, 1997 101 No. 975353. Illes P. Csorba, Petitioner v. ITT Aerospace/Communi- cations Division, Division of ITT Defense & Electronics, Incorporated. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 975355. Billy Johnson, aka Charles Johnson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975356. Levone Ray Maden, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 975357. Ronald Lee Jones, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975359. Barton Lee Murphy, Petitioner v. Bureau of Prisons, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied. No. 975360. Richard W. Miller, aka Richard Woods, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 975361. Kelvin D. Sherman, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975362. Eli Shalom, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 975364. Robert James Walton, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975365. Larry Dale Pendergrass, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 975367. Debro Siddiq Abdul-Akbar, Petitioner v. Delaware. Pe- tition for writ of certiorari to the Supreme Court of Delaware denied. No. 975368. Benjamin Cunningham, Petitioner v. Glenn S. Goord, Commissioner, New York Department of Correctional Services, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

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102 MONDAY, OCTOBER 6, 1997 No. 975369. Joseph Curiale, Petitioner v. Rick Mystrom, Mayor, Anchorage, Alaska, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975372. Rocky Lee Coker, Petitioner v. Lolie Jones, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 975373. Pascual Ramon Hernandez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975374. James Paul Glass, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied. No. 975375. Randy L. Burke, Petitioner v. Colorado. Petition for writ of certiorari to the Court of Appeals of Colorado denied. No. 975376. Milagros Paredes Reid, Petitioner v. John M. Reid. Pe- tition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. No. 975377. Steven Schreiber, Petitioner v. Minnesota. Petition for writ of certiorari to the Supreme Court of Minnesota denied. No. 975379. James Edward Spencer, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975380. James E. Robinson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 975382. James Harding, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975384. Stacy Macklin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 975385. Michael Nance, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 975387. Craig S. Kelly, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

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MONDAY, OCTOBER 6, 1997 103 No. 975389. Perry McCullough, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975390. Jack Lucious, Jr., Petitioner v. Gary L. Johnson, Direc- tor, Texas Department of Criminal Justice, Institutional Division. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975391. Kenneth Cornelius Lampkin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 975392. Howard Browning, Petitioner v. United Parcel Service. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975394. Benjamin Zamora-Delgado, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975395. John Smith and Anthony Tolbert, Petitioners v. Penn- sylvania. Petition for writ of certiorari to the Superior Court of Penn- sylvania, Philadelphia Office, denied. No. 975396. Mark Steven Price, Petitioner v. Joseph Arpaio, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975397. Obdiah Stephenson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975398. Gerald L. Rogers, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975399. Joseph L. Stephens, Petitioner v. Larry Norris, Direc- tor, Arkansas Department of Correction, et al.; Joseph L. Stephens, Petitioner v. Larry Norris, Director, Arkansas Department of Correc- tion, et al.; Joseph L. Stephens, Petitioner v. Larry Norris, Director, Arkansas Department of Correction, et al.; Joseph L. Stephens, Peti- tioner v. Republic Tobacco Company; and Joseph L. Stephens, Peti- tioner v. Sue Newberry, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 975400. Anthony Lambert, Sr., Petitioner v. North Carolina. Petition for writ of certiorari to the Superior Court of North Carolina, Pasquotank County, denied.

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104 MONDAY, OCTOBER 6, 1997 No. 975401. Mark A. Woolley, Petitioner v. Charles H. Zimmer- man, Superintendent, Pennsylvania State Correctional Institution at Waymart, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 975402. Catherine Tricarico, Petitioner v. Board of Review of New Jersey. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. No. 975403. Calvin Bethley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975405. James Tenner, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 975407. Lee D. Wight, Petitioner v. Board of Dental Examiners, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 975408. Matthew Joseph Sikora, Jr., Petitioner v. Frank Hop- kins, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 975409. Kenneth E. Rogers, Petitioner v. Nenita Cuyson, et al. Petition for writ of certiorari to the Appellate Court of Illinois, Fifth District, denied. No. 975410. Billy Don Smith, Petitioner v. Arizona. Petition for writ of certiorari to the Court of Appeals of Arizona, Division Two, denied. No. 975411. Ken Ramirez, Petitioner v. United States; and No. 975515. Paul Hotchkiss and Patrick Flynn, Petitioners v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 975412. Gary Perry, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 975413. David F. Simmons, Petitioner v. James Blodgett, Dep- uty Director, Division of Prisons, Washington Department of Correc- tions. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 975414. Michael K. Lawson, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied.

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MONDAY, OCTOBER 6, 1997 105 No. 975415. Charles Wayne Johnson, Petitioner v. D. R. Hill, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 975416. Brett Wayne Wofford, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975417. Mario Fernandez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975418. Galen Darrell Thibodeau, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 975419. Christopher Eugene Brooks, Petitioner v. Alabama. Pe- tition for writ of certiorari to the Supreme Court of Alabama denied. No. 975422. Shawn Dean Clayton, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975424. Thomas Grahovac, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975425. Robert C. Foley, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied. No. 975426. Malcolm R. Williams, Petitioner v. Martin Makel, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 975427. Diana M. Corto, Petitioner v. John F. Kennedy Center for the Performing Arts. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 975428. William T. Barnes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975429. Gerald D. Swindle, Petitioner v. William Love, Deputy Commissioner, Eastern Region, Pennsylvania Department of Correc- tions, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 975430. Diana Woodley, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied.

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106 MONDAY, OCTOBER 6, 1997 No. 975431. Valerie Townes, Petitioner v. City of St. Louis, Mis- souri. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied. No. 975432. Robert Ellison, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 975433. Kimmy Cooper, Petitioner v. Joseph Costello, Superin- tendent, Mid-State Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 975434. Richard L. Wittman, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 975435. Dennis L. Farr, Petitioner v. Madison Gas and Electric. Petition for writ of certiorari to the Court of Appeals of Wisconsin, District IV, denied. No. 975436. Eddie Lee Fain, Petitioner v. County of Sacramento, California, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975437. Wayne O. Aultman, Petitioner v. John R. Stepanik, Superintendent, State Correctional Institution at Dallas, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 975439. Robert M. Hutson, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fifth District, denied. No. 975440. Frazer Arthur Wheeler, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975442. Keith Judd, Petitioner v. New Mexico. Petition for writ of certiorari to the Court of Appeals of New Mexico denied. No. 975443. Wondiyrad Kabede, Petitioner v. California Medical Facility, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975444. Nancy J. Conner, Petitioner v. F. Stannard Lentz, et al. Petition for writ of certiorari to the Court of Appeals of Kansas denied. No. 975445. Bobby Cornelious Rhodes, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

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MONDAY, OCTOBER 6, 1997 107 No. 975447. John Karl Reiman, Petitioner v. Dixon Arnett. Petition for writ of certiorari to the Court of Appeal of California, Third Appel- late District, denied. No. 975448. Juan Manuel Ruiz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975450. David Andrew Henry, aka David Henry Corelli, Peti- tioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975451. David Allen Sattazahn, Petitioner v. Pennsylvania. Pe- tition for writ of certiorari to the Superior Court of Pennsylvania, Phil- adelphia Office, denied. No. 975452. Isidro Rodriguez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 975453. Clay Doug Siemsen, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975454. William Schwartz, Jr., Petitioner v. City of Bethel Park, Pennsylvania. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 975456. Barbara Schwarz, Petitioner v. William J. Clinton, President of the United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 975458. Derek Conway, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 975462. Timothy J. Brill, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975463. John J. Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975465. Eric Owen Mann, Petitioner v. Arizona. Petition for writ of certiorari to the Supreme Court of Arizona denied. No. 975470. David Carlson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

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108 MONDAY, OCTOBER 6, 1997 No. 975471. Willie F. Brown, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975472. Larryl Jerome Wade, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 975473. Ronald Washington, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975474. Rudolph S. Papesh, Petitioner v. R. Rex Brookshire, II, Director of Administration, Maryland Workers' Compensation Com- mission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975476. Oliver Toliver, Petitioner v. Gary McCaughtry, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 975477. Patrick Joseph Terry, Petitioner v. Cloid Shuler, Ad- ministrator, Wackenhut Correctional Corporation, et al. Petition for writ of certiorari to the Supreme Court of Oklahoma denied. No. 975480. Eliodero DeLaCorte, Petitioner v. United States; and No. 975520. Guillermo Willie Riojas, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975482. James M. Doran, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 975483. Terry Neely Taylor, Petitioner v. Judge Nelson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 975484. Christopher J. Bailey, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975485. Daniel Johnson, Petitioner v. Jack Hartwig, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 975486. Glen C. James, Petitioner v. Thomas Hinkle, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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MONDAY, OCTOBER 6, 1997 109 No. 975487. Juan Francisco Jasso-Trevino, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 975489. James Laurenzana, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 975490. Steven Lee Pyron, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 975491. Beautanous Coor, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975493. Prince Adesegun Fadayiro, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 975494. Jonathan Hugh Hutchinson, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied. No. 975496. Michael C. Antonelli, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 975498. Nathan Pilgrim, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975500. Myra A. Renteria, Petitioner v. Phyllis R. Donahue, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 975501. Rufus A. Cunningham, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 975503. Roy Taylor, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 975504. Henry Lee White, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975505. Kenny Withers, Petitioner v. Wayne Scott, Executive Director, Texas Department of Criminal Justice, et al. Petition for writ

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110 MONDAY, OCTOBER 6, 1997 of certiorari to the United States Court of Appeals for the Fifth Cir- cuit denied. No. 975506. Alva L. Turner, Petitioner v. Jo Drane, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975507. Todd Warren Altschul, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 975508. Denise Baker, Petitioner v. Manville Trust. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 975509. Bedford Eugene Farmer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975511. Emory M. Ghana, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 975514. Stephen Andrew Hodgson, Petitioner v. Dennis L. Ben- son, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 975517. Edward Daniel McDevitt, Petitioner v. Kenneth D. Kyler, Superintendent, State Correctional Institution & Diagnostic/ Classification Center at Camp Hill, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 975518. John Volel, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 975521. Margaret Carlos, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975522. Debra Kyzer, Petitioner v. Russell Leventhall, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 975524. John Baird, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 975525. Alton Levern Brunson, Petitioner v. Arkansas. Petition for writ of certiorari to the Supreme Court of Arkansas denied.

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MONDAY, OCTOBER 6, 1997 111 No. 975526. Omar v. Murdock, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 975527. Yanick Bonhomme-Ardouin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975529. Herbert Alexander, Petitioner v. Ernie Roe, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975532. William Lynn Johnson, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 975533. Xuyen Thi Vu, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975535. Craig Lawrence Thomas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975536. Joseph McKnight, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975539. Janadrick Kemont Drones, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975540. Anthony Leon Davis, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975541. Jose Luis Garcia, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975543. Sebastian Rodriguez, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Second District, denied. No. 975544. Raymond Anthony Brown, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975545. Rodney Lajuan Brown, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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112 MONDAY, OCTOBER 6, 1997 No. 975549. Jerry Lisby, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975553. Anthony Atkins, Petitioner v. Gary L. Johnson, Direc- tor, Texas Department of Criminal Justice, Institutional Division. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975554. Earnest Parker, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 975555. Tracey Slater, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 975557. James Brooks, Petitioner v. Bob Barry, Warden, et al. Petition for writ of certiorari to the Court of Appeals of Georgia denied. No. 975558. Arturo Reyes, Petitioner v. Department of Defense. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 975560. James La Vell Harris, Petitioner v. Theo White, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975561. Marcello Nando DeRosa, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975562. Derek Christopher Graham, aka Boo-Boo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975563. Pedro Donestevez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975565. Debra Nelson, aka Debra Horn, Petitioner v. Travis Grimmett, Sheriff, Logan County, West Virginia. Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied. No. 975566. Cornelious Wardell Harris, III, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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MONDAY, OCTOBER 6, 1997 113 No. 975567. Michael Clay Holmes, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 975568. Charles A. Eidson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975569. Floyd Wesley Shulze, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 975571. Allen Lorenzo Gaines, Petitioner v. North Carolina; and No. 975613. Bryan Cornelius Harris, Petitioner v. North Carolina. Petitions for writs of certiorari to the Supreme Court of North Caro- lina denied. No. 975572. Robert L. Calia, Petitioner v. Michael L. Kemna, Superintendent, Western Missouri Correctional Center. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 975577. Robert Rhodes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 975578. Rafael Peralta, aka Juan Martinez, aka Pichardo, Peti- tioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 975579. Dale King, Petitioner v. Bureau of Indian Affairs, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975580. Andre D. Travis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975582. Arlene Otis, Petitioner v. Mark Thisius, et al. Petition for writ of certiorari to the Court of Appeals of Minnesota denied. No. 975584. Brian Maus, Petitioner v. Robert Kennedy. Petition for writ of certiorari to the Supreme Court of Wisconsin denied. No. 975587. Kevin Davis, aka Kevin Cargo, Petitioner v. Gregory White, Superintendent, State Correctional Institution at Pittsburgh, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied.

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114 MONDAY, OCTOBER 6, 1997 No. 975589. Jerry L. Grist, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 975592. Zachary James Hayes, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975594. Frederick Wicks, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 975596. Steven Seth, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 975597. Nicholas Robert Crowder, Petitioner v. United States, et al.; and Nicholas Robert Crowder, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 975598. Henry Achiekwelu, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975601. Rigoberto F. Monier, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 975605. Raymont L. Adams, Petitioner v. United States. Peti- tion for writ of certiorari to the District of Columbia Court of Ap- peals denied. No. 975606. Timothy Devon Blair, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975614. John Doe, aka John Bamonte, aka James Ashby, aka Bashiru Adeniyi, Petitioner v. United States. Petition for writ of certio- rari to the United States Court of Appeals for the Third Circuit denied. No. 975618. Andrzej Sliwowski, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 975619. Steve Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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MONDAY, OCTOBER 6, 1997 115 No. 975620. James Edward Spencer, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975624. Donald Marshall, Petitioner v. Al C. Parke, Superin- tendent, Indiana State Prison. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 975626. Wendell T. Jackson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 975627. Anthony Dewayne Ramey, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975628. Juan Seminario Navarrete, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 975629. Angelo J. Morales, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fifth Appellate District, denied. No. 975630. Steven Malaki, Petitioner v. Ali Yazdi. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Cir- cuit denied. No. 975632. Newton Alfred Winn, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975634. Aron S. Lipman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 975635. G. Richard Leveritt, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975638. Derrick H. Davis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 975640. Raymond D. Cheely, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975646. Marshall Dwayne Hughes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

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116 MONDAY, OCTOBER 6, 1997 No. 975648. Kenneth Wayne Holland, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 975651. Ronald Gelzer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 975652. Israel Calli Duenas, aka Israel Kelly, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975654. Edward Fisher, Petitioner v. William Love, Superin- tendent, State Correctional Institution at Huntingdon, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 975658. Amanda Johnson Meshaw, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975661. Matthew C. Simonson, Petitioner v. Rosemary Simonson-Kuth. Petition for writ of certiorari to the Court of Appeals of Minnesota denied. No. 975662. Rodger Edmonds, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 975664. James McLaughlin, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975665. Stanley Harrison Asibor, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975667. Tariq Shahid, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 975670. Hilda Eugenia Naranjo-Cuevo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975671. Tuwana Jackson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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MONDAY, OCTOBER 6, 1997 117 No. 975674. Julio Cesar Vasquez, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975675. Armando Martin Trevino, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975680. Sam Smith, Petitioner v. Ymelda Valdez, Associate Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 975681. Alexander R. Cole, fka Ryan D. Hebert, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Armed Forces denied. No. 975683. Miguel Angel Gonzalez, aka Miguel Gonzales, Peti- tioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975686. Brandon J. Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 975687. James F. Rounsavall, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 975690. Juan Escamilla Quintanilla, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975692. John T. Wright, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 975701. Ignacio Barrera Perez, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975702. Lorenza Porter, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975705. James Larry Johnson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975706. Larry William Barnes, Jr., Petitioner v. Florida. Peti- tion for writ of certiorari to the District Court of Appeal of Florida, Second District, denied.

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118 MONDAY, OCTOBER 6, 1997 No. 975708. Alberto Mendez-Verdejo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975710. Willie Patton, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975711. Don Scott, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975712. Randy Nesbitt, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975718. Bernard Donnell Sherrill, aka Nard, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975722. Ahmed Amer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 975723. Richard Duane Burk, Petitioner v. United States Dis- trict Court for the District of Kansas. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 975724. Shirley Johnson, Petitioner v. Robbinsdale Independ- ent School District No. 281, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 975726. Gary Nelson Johnson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975731. Mae Noble, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975733. Adrian W. Davis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 975734. Karim Faruq, aka Charles Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

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MONDAY, OCTOBER 6, 1997 119 No. 975739. Glendora, Petitioner v. Thomas R. Sullivan, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 975740. Gerald Miner, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 975741. Irving Alvin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 975743. William Kenneth Stocks, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975744. Wayne Fly, aka Fly, aka Doodle, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 975747. Joseph Thomas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975749. Juan Gaytan-Martinez, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975750. Joseph A. Katalinich, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 975751. Mark Knox, aka Maynard, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 975753. Joseph H. Brown, Sr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 975756. Marc F. Davis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 975761. Kenneth G. Hansen, Petitioner v. Percy Pitzer, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 975763. Marvin Terrance Holloway, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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120 MONDAY, OCTOBER 6, 1997 No. 975766. Jesus Acosta Aceveda, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 975768. Rodolfo Milian, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 975775. Charles W. Morris, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 975776. Lankford L. Carroll, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975779. Joseph Johnson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975783. Desmond Rouse, Jesse Rouse, Garfield Feather, and Russell Hubbeling, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Cir- cuit denied. No. 975785. Mark Boyce, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 975787. Rene Enrique Tineo, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975793. Matthew L. Clark, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 975796. David D. Brunson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 975804. Steven Cotton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975817. Charles Lawrence Caldwell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

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MONDAY, OCTOBER 6, 1997 121 No. 975821. Maurice Shelton Lyons, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975824. Raymon Bernardo Amor, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 961566. Douglas L. Fowlkes, Petitioner v. United States. Mo- tion of petitioner for leave to amend the petition for writ of certiorari granted. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 961647. Edgar Romney, Manager-Secretary, Blouse, Skirt, Sportswear, Children's Wear & Allied Workers Union, Local 23-25, ILGWU, Petitioner v. Alan Lin. Motion of Building and Construction Trades Department, et al., for leave to file a brief as amici curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 961712. Dionne Staples, Petitioner v. Michael P. Kelly, et al. Motion of National Fair Housing Alliance, et al., for leave to file a brief as amici curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 961777. E. I. duPont de Nemours and Company, Petitioner v. Bush Ranch, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice O'Con- nor took no part in the consideration or decision of this petition. No. 9747. Elizabeth W. Ridgeway, et al., Petitioners v. Pfizer, Inc., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition. No. 961811. Terry Morris, et al., Petitioners v. John L. Wright, et al. Motion of respondents for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97152. American Airlines, Inc., Petitioner v. Mauricio Criales. Motion of respondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97188. Odie Washington, Director, Illinois Department of Cor- rections, Petitioner v. Anthony Hall. Motion of respondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

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122 MONDAY, OCTOBER 6, 1997 No. 961852. Dorothy A. Basile, Petitioner v. Town of Southampton. Motion of Pacific Legal Foundation for leave to file a brief as amicus curiae granted. Petition for writ of certiorari to the Court of Appeals of New York denied. No. 961884. Robert Allen, et al., Petitioners v. Gypsy Church of the Northwest, etc., et al. Motion of petitioners to defer consideration of the petition for writ of certiorari denied. Petition for writ of certio- rari to the United States Court of Appeals for the Ninth Circuit denied. No. 961896. Cliff Gardner, et ux., Petitioners v. United States. Mo- tion of David Haight for leave to file a brief as amicus curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 961898. Massachusetts School of Law at Andover, Inc., Peti- tioner v. American Bar Association, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Kennedy took no part in the consideration or decision of this petition. No. 961899. Insultherm, Inc., et al., Petitioners v. Tank Insulation International, Inc. Motion of American Intellectual Property Law As- sociation for leave to file a brief as amicus curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 961957. Paul Jennings Hill, Petitioner v. Florida. Motion of Friends of Paul Jennings Hill for leave to file a brief as amicus curiae granted. Petition for writ of certiorari to the Supreme Court of Flor- ida denied. No. 968796. Eileen Vey, Petitioner v. William J. Clinton, President of the United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. The Chief Justice took no part in the consideration or decision of this petition. No. 9731. Arthur Calderon, Warden, et al., Petitioners v. United States Distict Court for the Eastern District of California, (Patrick Bruce Gordon, Real Party In Interest). Motion of respondent Patrick Bruce Gordon for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 9744. Robert Domenick, et al., Petitioners v. Fonar Corpora- tion. Motion of Independent Service Network International for leave to file a brief as amicus curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

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MONDAY, OCTOBER 6, 1997 123 No. 9755. Frank Keating, Governor of Oklahoma, et al., Petitioners v. Oklahoma, ex rel. Oklahoma Tax Commission. Motion of Pascale Gelly for leave to file a brief as amicus curiae granted. Motion of Okla- homa Citizens for a Sound Economy for leave to file a brief as amicus curiae granted. Motion of Orval Matteson and Florence Matteson for leave to file a brief as amici curiae granted. Motion of Oklahomans for Integrity in Government for leave to file a brief as amicus curiae granted. Petition for writ of certiorari to the Court of Appeals of Okla- homa, First Division, denied. No. 97124. David Keene Leavitt, Petitioner v. John Woodruff Kes- sel. Motion of Academy of California Adoption Lawyers for leave to file a brief as amicus curiae granted. Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied. No. 97220. Texas Manufactured Housing Association, Inc., Peti- tioner v. City of La Porte, et al. Motion of National Foundation of Manufactured Home Owners, et al., for leave to file a brief as amici curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97228. Gamma-10 Plastics, Inc., Petitioner v. American Presi- dent Lines, Ltd., et al. Motion of Thomas Schoenbaum for leave to file a brief as amicus curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97230. General Electric Company, et al, Petitioners v. Fonar Corporation, et al. Motion of Intellectual Property Owners for leave to file a brief as amicus curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 975031. Clifford E. Avery, Petitioner v. Paul E. Brodeur, Com- missioner, New Hampshire Department of Corrections. Petition for writ of certiorari to the Supreme Court of New Hampshire denied. Justice Souter took no part in the consideration or decision of this petition. No. 975354. Robert Breest, Petitioner v. Paul E. Brodeur, Commis- sioner, New Hamsphire Department of Corrections. Petition for writ of certiorari to the Supreme Court of New Hampshire denied. Justice Souter took no part in the consideration or decision of this petition. No. 975296. Karon Ann Parham, Petitioner v. Coca-Cola Company. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Breyer took no part in the consid- eration or decision of this petition.

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124 MONDAY, OCTOBER 6, 1997 Habeas Corpus Denied No. 962044. In Re George Kost, Petitioner; No. 969360. In Re Lee W. Scott, Petitioner; No. 969503. In Re Donald R. Bennett, Petitioner; No. 9762. In Re Jessie D. McDonald, Petitioner; No. 97370. In Re William Hope, Petitioner; No. 975087. In Re Robert Joseph Zani, Petitioner; No. 975121. In Re Ralphael Okoro, Petitioner; No. 975173. In Re Armando Carreiro, Petitioner; No. 975273. In Re Joe Smith, Petitioner; No. 975288. In Re Glenn Franklin Anderson, Petitioner; No. 975358. In Re Richard Michaels, Sr., Petitioner; No. 975499. In Re Roger Pollard, Petitioner; No. 975547. In Re Maceo G. Willis, Jr., Petitioner; No. 975682. In Re Dennis Ray Graves, Petitioner; and No. 975772. In Re Lee Alphonso Moore, Petitioner. Petitions for writs of habeas corpus denied.

Mandamus Denied No. 968553. In Re Michael T. Korando, Petitioner; No. 969035. In Re Peter Hugh Georgi, Petitioner; No. 969140. In Re Douglas Wayne Thompson, Petitioner; No. 969226. In Re Clarence J. Franklin, Jr., Petitioner; No. 969280. In Re Errol Scott, Petitioner; No. 969341. In Re John Karl Reiman, Petitioner; No. 969345. In Re Robert Schaffer, Petitioner; No. 969451. In Re Gregory Mays, Petitioner; No. 969570. In Re Moises Molina, Petitioner; No. 97179. In Re Stanley E. Kornafel, Petitioner; No. 97200. In Re United States, ex rel. Don H. Haycock, Petitioner; No. 97222. In Re Sheldon Drobny, et ux., Petitioners; No. 975103. In Re Don W. Lane, Petitioner; No. 975134. In Re Rickey L. Banks, Petitioner; No. 975242. In Re Sidney J. Clark, Jr., Petitioner; No. 975243. In Re Sidney J. Clark, Jr., Petitioner;

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MONDAY, OCTOBER 6, 1997 125 No. 975244. In Re Sidney J. Clark, Jr., Petitioner; No. 975257. In Re Clarence J. Franklin, Jr., Petitioner; No. 975332. In Re John Karagiannopoulos and Aura Karagianno- poulos, Petitioners; No. 975371. In Re Roberto Baez, Petitioner; No. 975461. In Re Imo John Akpaeti, Petitioner; and No. 975585. In Re Robert Ohm Lindow, Petitioner. Petitions for writs of mandamus denied. No. 961870. In Re Marie M. McMahon, Petitioner; No. 969081. In Re Chukwu E. Azubuko, Petitioner; No. 969479. In Re Arlene Otis, Petitioner; No. 969529. In Re Dorothy C. Joyner Jennings, Petitioner; No. 975122. In Re Harry L. Bierley, Petitioner; No. 975123. In Re Harry L. Bierley, Petitioner; No. 975305. In Re Clemmie Wickware, Petitioner; and No. 975550. In Re James Melvin Lee, Petitioner. Petitions for writs of mandamus and/or prohibition denied.

Rehearings Denied

No. 961741. Lewis F. Huck, Derivatively on Behalf of Sea Air Shut- tle Corporation, Petitioner v. Eric Dawson, et al.; No. 961825. Lillie M. Boddie, Petitioner v. United States; No. 968295. Gary G. Lohse, Petitioner v. Shirley S. Chater, Com- missioner of Social Security; and No. 968715. Kenneth W. Nelson, Petitioner v. Internal Revenue Service. Petitions for rehearing denied. No. 968743. Jack R. Benney, Petitioner v. Shaw Industries, Inc., et al. Petition for rehearing denied. Justice O'Connor took no part in the consideration or decision of this petition.

Attorney Discipline

No. D1794. In the Matter of Disbarment of Hugh T. Echols. Motion for reconsideration of order of disbarment denied. No. D1809. In the Matter of Disbarment of Henry Sinclair Landan. Disbarment order entered.

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126 MONDAY, OCTOBER 6, 1997 Admissions to the Bar on Written Motions July 21, 1997 Applicant City and State Movant

Paul Anthony Acker Las Vegas, NV Kenneth Gary Bell Alok Ahuja Kansas City, MO Judge Richard D. Cudahy Christopher Edward Allen Raleigh, NC Marilyn Ruth Mudge J. Edward Allen Athens, GA John Edwards Griffin David Lewis Allen, Jr. Columbia, SC Charles Richard Kelly David L. Anderson San Francisco, CA Jeffrey S. Facter James William Armstrong Cuyahoga Falls, Philip David OH Bogdanoff Terry George Aubin Pineville, LA Wilbert Joseph Saucier, Jr. Leo Alexander Avakian, Jr. Boston, MA Gregory C. Howard Kathleen Marie Visalia, CA Neal Pereira Bales-Lange Rob W. Bare Las Vegas, NV Daniel Francis Polsenberg Stephen Robert Barry New Orleans, LA Daphne P. McNutt Bernie Bernheim Los Angeles, CA David Lee Bacon Neal Jonathan Blaher Orlando, FL Robert Dyer Lydia M.V. Brandt Dallas, TX Christopher M. Weil Richard Joseph Brennan Chicago, IL Kimball R. Anderson Walter Bryan Corpus Christi, Carl E. Lewis TX Rolando Cantu McAllen, TX Francisco Javier Enriquez Robert F. Carney Baltimore, MD Richard C. Whiteford Margaret H. Chutich Minneapolis, MN Robert Alexander Stanich Mark Covington Clark Rittman, OH Robert Walter Jones

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MONDAY, OCTOBER 6, 1997 127

Applicant City and State Movant Richard Denis Cleary Los Angeles, CA Edward J. Reilly, Jr. Cary J. Collins Hoffman Estates, Robert Leon IL Sklodowski Robert L. Collins Tell City, IN Geoffrey P. Davis Lisa D. Collums Gulfport, MS Michael Channing Powell Diana Colombo Nutter Fort, WV Gregory Paul Noone Chris A. Cooklin Des Moines, IA John F. Fatino George S. Corbyn, Jr. Oklahoma City, John N. Hermes OK Bruce Allen Craft Baton Rouge, LA Eric Alan Kracht Jill L. Craft Baton Rouge, LA Eric Alan Kracht Rebecca Bowen Creed Jacksonville, FL Dana G. Bradford, II Martin F. Cunniff Washington, DC Mark Irving Levy Ernest G. D'Angelo Freeport, NY William P. Ward Ted G. Dane Los Angeles, CA Kristin Andrea Linsley Michael Christopher Daniel Athens, GA John Edwards Griffin Wade V. Davies Knoxville, TN Robert Wayne Ritchie Arthur Addison DeLano, Jr. Baltimore, MD Nancy Susanne Forster Frank Anthony Delle New York, NY Thomas M. Donne Kittredge Thomas E. Drake, II Cullman, AL Asa C. Hartwig Jerome G. Dunham Wilkes-Barre, PA Enid W. Harris Kristin E.D. Dunn Long Beach, CA R. Joseph Decker Kevin Douglas Else Lindenwold, NJ Conrad Wai-pac Wong Susan S. Erdelyi Jacksonville, FL Victor M. Halbach, Jr. John Daniel Finerty, Jr. Milwaukee, WI Stephen Edward Kravit George F. Fitzpatrick, Jr. Chicago, IL James C. Schroeder

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128 MONDAY, OCTOBER 6, 1997

Applicant City and State Movant Maria G. Fitzpatrick Agana, GU John Patrick Mason Richard Lee Ford, Jr. Athens, GA John Edwards Griffin Gary E. Frazier St. Petersburg, John Robert FL Kiefner, Jr. Brian Marc Freedman Greensboro, NC Robert Stancil Phifer William H.T. Frey Grand Junction, Anthony W. CO Williams Laurence M. Friedman New York, NY James S. O'Kelly Cynthia S.C. Gannett Seattle, WA Theresa L. Fricke John William Garland Anadarko, OK Charles Leslie Pain William Baker Gerwig, III Charleston, WV William B. Gerwig Diane Lorraine Gibson San Francisco, CA Eric Danoff James Joseph Godino, Jr. Camden, NJ Charles W. Heusiler Andy Justin Goetz Long Beach, CA R. Joseph Decker Kevin M. Gold Harrisburg, PA R. Stephen Shibla Brian S. Goldstein Stamford, CT James S. O'Kelly Frank Alton Granger Lake Charles, LA Drew Ranier Mark E. Grimes Coral Gables, FL Donald E. Fucik Harriet M. Hageman Cheyenne, WY Thomas John Davidson Andrew Steven Halio Charleston, SC William J. Hennessy, Jr. Louise M. Harding Clifton Park, NY Cynthia Feathers Jack Bolden Harrison Cincinnati, OH David Edward Schmit Christopher J. Harristhal Minneapolis, MN Dayle Nolan William Howard Hawkins, Cincinnati, OH David Edward II Schmit Ian Herzog Santa Monica, CA Wayne McClean James Raymond Homola Fresno, CA Roger Keith Vehrs Paul Andrew Horowitz New York, NY James S. O'Kelly Carol Louise Hubbard Nazareth, PA Ormond Rene Fodrea

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MONDAY, OCTOBER 6, 1997 129

Applicant City and State Movant N. Koko Ives Washington, DC Douglas Bradford Jordan Erik S. Jaffe Washington, DC Honorable Clarence Thomas, Associate Justice of the Supreme Court Philip Norman Jones Portland, OR Charles P. Duffy Francis Robert Jozwiak Seattle, WA Mason D. Morisset Michael Gerard Kane Washington, DC David Robert Cashdan Prakash Ishverlal Khatri Orlando, FL Jerome Hennigan Robert E. Kirby, Jr. Birmingham, AL Lanny S. Vines Martha Kathryn Knight Mobile, AL Matthew C. McDonald Hugh E. Knowlton Los Angeles, CA Philip W. Boesch, Jr. David Brett Kolker Arlington, VA Vivien Clair Sandra Migdalof Kotin Monticello, NY Michael B. Mushlin William Alan Krabbenhoft Sacramento, CA James Michael Schiavenza Victor Aronoff Kubli Germantown, MD Gary Siegel Pamela Joan Labaj Newark, NJ Santina Mary Bombaci Ina Lammendola Philadelphia, PA Joseph A. Dych James Anthony Philadelphia, PA Joseph A. Dych Lammendola Barry R. Laubscher Irvine, CA William Bernard Hanley Jeffrey C. Lavey Boston, MA Warren A. Blair, III Jeffrey R. Learned Southfield, MI Julius Denenberg Christopher P. Lenzo West Orange, NJ Neil Mullin Patricia Littleton Carbondale, IL R. Thomas Day Byron A. Lorrier St. Petersburg, Bryan Myrfyn FL Thomas Gregory W. Lyons Milwaukee, WI Thomas Cannon

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130 MONDAY, OCTOBER 6, 1997

Applicant City and State Movant Samuel Ruven Maizel Los Angeles, CA Donna Chapin Maizel Evan D. Marshall Los Angeles, CA Wayne McClean David Marshall Austin, TX Rita Jeanne Radostitz Teresa A. Martland Boston, MA Toni G. Wolfman Earl Edwin Maus Walker, MN Linda F. Close Catherine A. McBrien San Francisco, CA Peter J. Siggins Joseph John McCarthy, Jr. Brooklyn, NY Joseph Gerard Kenny Allison Mikan McClanahan Houston, TX Mary Battalora Thamm Brian Martin McDonald Seattle, WA Theresa L. Fricke K. Allison McGaw Seattle, WA Mason D. Morisset Martin F. McKernan, Jr. Camden, NJ Charles W. Heusiler John Gerald McLean Sacramento, CA Harry Joseph Colombo Stephen Thomas McMahon Syracuse, NY James Henry Hughes, Jr. Ira J. Mirkin Youngstown, OH Dennis Haines Thomas Wayne Moak Prestonsburg, KY John M. Rosenberg Michael John Mucchetti Houston, TX Thad T. Dameris Ross Clayton Mulford Dallas, TX Robert H. Mow, Jr. Jeffrey Charles Nagle Stamford, CT Mark Christopher Dillon Kent McGregor Nicholas Mesa, AZ Vernon L. Nicholas Lyle R. Nishimi San Francisco, CA Dale Minami Mary U. O'Brien Morristown, NJ Rita Anne Marcus Ginger Clare Paad Alexandria, VA Howard Stephen Epstein Wendy S. Pearson Seattle, WA John E. Clute Helen L. Peters San Ramon, CA W. Patrick Resen David J. Pire Dallas, TX Douglas Dayton Mulder

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MONDAY, OCTOBER 6, 1997 131

Applicant City and State Movant

Lizbeth Islas Plaster Dallas, TX Janice Smith Moss Stephen Douglas Poe Winston-Salem, William Kearns NC Davis Norman W. Pressman St. Louis, MO J. Roger Edgar Charles S. Price Phoenix, AZ Robert Eugene Barton Allen Kenneth B. Prindle Long Beach, CA R. Joseph Decker Marco M. Rajkovich, Jr. Lexington, KY David Arthur Smart David S. Rand San Francisco, CA Judge Floyd Cummings Dodson John Joseph Reenan Dallas, TX Charles H. Smith Leonard Allen Reingold San Diego, CA Jesse D. Reingold Donald R. Reynolds Modesto, CA Calvin Moorad F. Tyler Rich Phoenix, AZ Cynthia Anne Certa Donna Karen Romankow Westfield, NJ Joseph L. Garrubbo Paul Jonathan Ruskin New York, NY Carl Joseph Hartmann, III Teresa Maese Morales Lindsay, CA Neal Pereira Saucedo Susan M. Schaecher Denver, CO Paul F. Hultin Ben H. Sheppard, Jr. Houston, TX James W. McCartney Brent A. Singer Bangor, ME John Wallace McCarthy Jeffrey Singer Chicago, IL Paul E. Wojcicki John Winston Smith T Birmingham, AL Hobart A. McWhorter Constance Michel Spheeris Washington, DC Thomas Francis Field Paul C. Stadler, Jr. Tallahassee, FL James T. McKinstry Joseph A. Starkman Chicago, IL Javier Horacio Rubinstein Cindy Stormer Gainesville, TX David Richards

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132 MONDAY, OCTOBER 6, 1997

Applicant City and State Movant

Peter J. Strianse Nashville, TN Charles Raulston Ray Scott Collins Sullivan Rockford, IL John C. McCarthy Lawrence M. Sung Washington, DC John Paul Isacson, Jr. Thomas Michael Tarpy Columbus, OH John C. Elam Anne Therese Taylor Washington, DC Lewis Allen Rivlin Rebecca Elizabeth Todd Seattle, WA Christine O'Grady Gregoire Daniel J. Turner San Diego, CA G. Mateo Munoz Ronald Forrest Turner Sacramento, CA Alison Maude Pease L. John Van Norden Schenectady, NY Bryan J. Goldberger Philip Joseph Vecchio Albany, NY John A. Williamson, Jr. Carlton Vines Summerville, GA Bobby Lee Cook Andrew Frederick Wade Tucson, AZ John Gary Bolm Bruce Andrew Wagman Stinson Beach, CA Eliot S. Jubelirer Thomas William Waldrep, Winston-Salem, James R. Fox Jr. NC Thomas Haller Wallace Columbus, OH Robert C. Preston Mark D. Wegener Washington, DC Mark Irving Levy Steven S. Weiser New York, NY David O. Elliott Robert Dean Welden Seattle, WA Barrie L. Althoff Thomas Leighton Downingtown, PA John S. Halsted Whiteman Ted L. Wilkes Weston, CT Lawrence Henry Ross Terry Jarvis Woodhouse Nashville, IN William Stanley Colwell Michael F. Wright Los Angeles, CA James E. King Russell Yager Dallas, TX William D. Sims, Jr. Chun-Yeong Yang New York, NY Judge Raymond C. Clevenger, III Kenneth Andrew Zimmern Houston, TX Joseph M. Nixon

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MONDAY, OCTOBER 6, 1997 133 Admissions to the Bar on Written Motions August 11, 1997 Applicant City and State Movant

James F. Ahern Los Angeles, CA Laurie Robin Pearlman James A. Anton Orange, CA Jeffrey P. Walsworth Martin Thomas Arceneaux Shreveport, LA Tom Stagg Eric Anthony Bach Charlotte, NC George Patrick Hunter, III Glenn A. Ballard, Jr. Houston, TX J. Clifford Gunter, III Bettye A. Barrios New Orleans, LA Skye McLeod D. Kenneth Baumgarten Sacramento, CA James Ching William G. Beck Kansas City, MO Jonathan R. Haden Jerald Scott Bennett Lake Elsinore, CA Maxwell Michael Blecher Jeffrey Gene Bennett Ventura, CA Michael Don Bradbury Paul S. Bliley, Jr. Richmond, VA Walter Scott Street, III Mark L. Booz Falls Church, VA William F. Roeder, Jr. Michael Boucher Washington, DC Mike Meier Frank Carmack Bozeman, Pensacola, FL John Cotter III Barrett Stuart A. Brooks Tabernacle, NJ Leroy David Touchton Lawrence Brown, Jr. Fort Worth, TX Paul D. Stickney William Joseph Brown Miami, FL George Elias, Jr. Mark S. Brown Minneapolis, MN Timothy Lee Blakely Margaret Alice Browne Richmond, VA William Henry Hurd Edwin B. Browning, Jr. Madison, FL Alan C. Sundberg Steven Bruce San Francisco, CA Patricia Ann Wood Tommy Elias Bryan Montgomery, AL Joel Lee Williams

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134 MONDAY, OCTOBER 6, 1997

Applicant City and State Movant Karen Sue Hatfield Incline Village, Jeffrey D. Caldwell NV Morrison Daniel J. Callahan Irvine, CA Jim Parsons Mahacek D. Michael Campbell Miami, FL Joseph William Phebus Alice Berendena Cesaretti Riverton, NJ Joseph L. Yannoti Mary Whitney Chaisson Tallahassee, FL George N. Meros, Jr. Mitchell C. Chaney Brownsville, TX Eduardo Roberto Rodriguez Catherine Irvin Chavarri New Orleans, LA Timothy W. Cerniglia Nanci L. Clarence San Francisco, CA Karen Leigh Snell Rick A. Courtney St. Louis, MO John Fox Arnold George D. Crook Los Angeles, CA Walter S. Weiss Mary Elizabeth Crosby Boston, MA Susan Marie Goldfischer Sarah Boll Cummer Washington, DC Christine Gigi Hyland John A. Davis Midland, TX Steven Carroll Kiser N. Janine Dickey Martinsville, NJ Ronald E. Wiss Gordon A. Dieterle Boca Raton, FL Fred W. Mattlin Brian Michael Doherty Anchorage, AK Bruce E. Gagnon David Westbrook Doss, Jr. Fayetteville, AR John Russell Elrod Robert Michael Dow, Jr. Joliet, IL James C. Schroeder Clare Hill Draper, IV Atlanta, GA Alexander Erwin Wilson, III Mary Mitchell Dunn Leesburg, VA Christiane Gigi Hyland Robert Lee Eblin Columbus, OH Ted L. Ramirez Douglas E. Edlin Roseland, NJ Nancy Anne Beatty John Joseph Edmonds Houston, TX Stephen M. Womack Ruth Thompson Ellis Knoxville, TN Robert Wayne Ritchie

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MONDAY, OCTOBER 6, 1997 135

Applicant City and State Movant Joanne Fanizza Fort Lauderdale, Elizabeth FL Athanasakos Laura E. Fannon San Francisco, CA Susan M. Popik Stephen Fedo Chicago, IL Phil Caldwell Neal Alfredo San Juan, PR Victor M. Pons, Jr. Ferna´ndez-Marti´nez Steven Eliott Fineman New York, NY Robert Jay Gordon Patrick W. Fitzgerald Madison County, John Dale Stobbs, IL II Ann D. Forman Austin, TX F. Scott McCown Rowland Bruce Foster Dallas, TX Royal H. Brin, Jr. Michael J. Gaertner Chicago, IL R.R. McMahan Joseph L. Gimbrone San Diego, CA Ernest Michael Gross Thomas Patrick Gorman Alexandria, VA Richard Allen Bartl Darrell M. Grams Dallas, TX John Richard Henderson Laura Koeneman Grandy Belleville, IL Patrick Bischof Mathis Donald George Groble Chicago, IL John Francis Beggan Peter J. Haley Boston, MA Stanley W. Wheatley Michelle Joy Hamilton Forestville, MD Kathryn Weathers Belger Phillip L. Hartley Gainesville, GA Sam Sloan Harben, Jr. Hubbard Henry Harvey, Jr. Demopolis, AL Hubbard Henry Harvey Thomas Mortimer Herlihy San Francisco, CA Susan M. Popik Rene Hernandez Belvidere, IL Francis X. Riley Judy R. Hodgkiss Paris, TX Jim D. Lovett Matthew Kevin Hubbard Philadelphia, PA Daniel P. McElhatton Janis Hubbard Oklahoma City, Walter Danny OK Murdock David Alan Huffaker Pasadena, CA Alan H. Stanfill

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136 MONDAY, OCTOBER 6, 1997

Applicant City and State Movant Gerald A. Hughes West Trenton, NJ Richard Zern Freeman, Jr. James William Humann Tampa, FL Frank Robert Jakes Nan P. Hundere San Antonio, TX Eric W. Schulze John O. Iweanoge Washington, DC Donald B. Terrell Gary Michael Jackson Houston, TX Susan Mary Fall Sue A. Jeffers Mt. Pleasant, MI John J. Lynch Thomas Parks Jennings Arlington, VA William F. Roeder, Jr. Ronald Adams Johnson New Orleans, LA William A. Porteous, III Mary Lisa Kamins Chicago, IL Michael Patrick Connelly George B. Kaufman Somerset, PA Arlen Specter Kerry A. Kearney Pittsburgh, PA Eric A. Schaffer Anne Berleman Kearney Chicago, IL Joseph Dinneen Kearney Anne L. Keck Santa Rosa, CA Julia A. Molander Stephen Michael Knutson St. Paul, MN Gregory Scott Madsen Ky Marshall Koch Clearwater, FL Nancy Moate Ley Thomas Joseph Kovarcik Edgewater, NJ Steven R. Sosnov Peter B. Krupp Boston, MA Owen S. Walker Ronald Michael Lepinskas Chicago, IL Rowe Winston Snider Terrence Mitchell Leve, Sr. Los Alamitos, CA Edward R. Sublett Michael Arlen Levy Berkeley, CA Martin E. Karlinsky Joann Mary Leykam Saint Charles, MO Joseph B. Moore Owen Sherman Limstrom Tacoma, WA Benjamin Franklin Barcus Spencer Livingston New Orleans, LA Stephen Richard Bachmann Carmine LoFaro Hackensack, NJ Frank J. Cuccio Mari´a Eugenia Rodri´guez San Juan, PR Victor M. Pons, Jr. Lo´pez James Darrell Lucas El Paso, TX Norman N. Rosen

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MONDAY, OCTOBER 6, 1997 137

Applicant City and State Movant William Matthew Macali Virginia Beach, Leslie L. Lilley VA Susan Mankamyer Somerset, PA Arlen Specter David Richard Marshall Minneapolia, MN Todd Alan Wind Jehan'ad G. Martinez Agana, GU Richard Lentz Johnson Margaret Ann Mattimoe Toledo, OH John Thomas Landwehr William Owen Mayfield Jackson, MS Robert H. Weaver D. Michael McBride, III Tulsa, OK John Edward Dowdell John Parker McCormick San Diego, CA Richard D. Corona Thomas David McCrackin Sacramento, CA James Michael Schiavenza Michael C. McGoff Atlanta, GA Jonathan A. Weintraub Michael Luis McIntyre East Falmouth, Carol Louis MA Hubbard Sean Patrick McMullen Arlington, VA Peter King Stackhouse Robert S. Meloni New York, NY Robert I. Kalina Dana Brent Miles Atlanta, GA Jonathan A. Weintraub Jeffrey J. Miller Glen Gardner, NJ Jaynee LaVecchia David K. Montgomery Cincinnati, OH Gregory M. Utter Dennis James Niermann Cleveland, OH Edward George Kramer Michael Edmund O'Neill Washington, DC Honorable Clarence Thomas, Associate Justice of the Supreme Court John Nelligan O'Shea Morris Plains, NJ Robert L. Baechtold George A. Oakes Pasadena, CA Alan H. Stanfill Randall Keith Packer New York, NY Marvin E. Frankel Kenneth Parkinson Provo, UT Jackson B. Howard Keith D. Parr Chicago, IL R. R. McMahan

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138 MONDAY, OCTOBER 6, 1997

Applicant City and State Movant Peter John Paternostro New York, NY Patrick J. O'Brien Norman A. Pattis New Haven, CT John Roger Williams Rebecca E. Patty Birmingham, AL James G. Stevens Markus Landon Penzel New Haven, CT Joseph Dean Garrison, Jr. Hector J. Perez Ponce, PR Hector E. Lugo Rigua Mark Douglas Persun Somerset, PA Arlen Specter Paul Curtis Peterson Minneapolis, MN Glenn R. Kessel Michael D. Plachy Denver, CO Michael D. Nosler James H. Post Jacksonville, FL E. Lanny Russell Gerrit M. Pronske Dallas, TX Michael E. Rohde Steven Bret Ramsdell Alexandria, VA Richard Allen Bartl J. Bruce Reading Salt Lake City, John Spencer UT Snow James J. Regan Redondo Beach, Arthur W. CA Francis, Jr. Glenn R. Reiser Hackensack, NJ Jay D. Rubenstein John Edward Rinaldi Fairfax, VA Peter King Stackhouse Barbara Jean Ritchie Juneau, AK Bruce Manuel Botelho Caryl Lancet Ritter Dillon Beach, CA Adele Melissa Fenstermacher James R. Rodgers Paris, TX Jim D. Lovett Richard Alexander Rohan Dallas, TX Barbara Michele Golden Lynn David Michael San Francisco, CA Moses Lasky Rosenberg-Wohl Elizabeth Ellen Salkind Louisville, CO Chester J. Salkind Percy M. Samuel Elmont, NY Pam Badoria Jackman Brown Lawrence P. Sandor Washington, DC Thomas Joseph McGonigle Jeffrey F. Sax Los Angeles, CA Lee Barry Ackerman Jeffrey Alan Schenk Cleveland, OH Beth A. Sebaugh

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MONDAY, OCTOBER 6, 1997 139

Applicant City and State Movant John Charles Seibert Louisville, CO Chester J. Salkind John Anthony Shea Ann Arbor, MI Michael C. Moran Stephen Matthew Sinaiko New York, NY Ellen R. Nadler Kenneth Knut Sorteberg Baltimore, MD William M. Huddles Jerry Lee Spangler Somerset, PA Arlen Specter Gregg L. Spyridon New Orleans, LA Robert S. Reich Deborah Steenland Cambridge, MA Douglas H. Wilkins Gregory B. Stites Kansas City, MO Patrick Watts Thomas P. Sughrua Seattle, WA Neal Tully Feinerman Brad T. Summers Portland, OR Bruce M. Hall Charles D. Taylor Harrisburg, IL Charles David Nelson Kathleen O'Flaherty Washington, DC Christine Gigi Thompson Hyland Christopher P. Thorman Cleveland, OH Ellen Simon Sacks Mary Johnson Tidholm Oklahoma City, William Robert OK Burkett Mark Christopher Tilden Boulder, CO Yvonne T. Knight Robert David Trammell Little Rock, AR Robert M. Cearley, Jr. Jeffrey Urdangen Chicago, IL Robert Short Bailey Cris Campbell Vaughan Auburn, CA Jo A. Pollock Jaime L. Vazquez-Bernier San Juan, PR Fernando A. Perez Colon Lance Lane Vietzke Minneapolis, MN Alan D. Lourie Gary L. Waite Paris, TX Robert Scott McDowell Ronald M. Wawrzyn Milwaukee, WI Walter E. Zimmerman Thomas E. Weaver, Jr. Bremerton, WA Steve A. Zimmerman Christopher John Welsh San Diego, CA Sidney A. Stutz Gary Richard West Newport News, Robert Randolph VA Hatten David Dwayne White Lansing, MI Willis C. Bullard, Jr.

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140 MONDAY, OCTOBER 6, 1997

Applicant City and State Movant Lisa Gumbita Wilson Scranton, PA Joseph P. Lenahan Richard R. Winter Geneva, IL Thomas Patrick Ward Philip Alan Wischkaemper Lubbock, TX Clifford W. Brown Michele Li Wong Los Angeles, CA Arthur W. Francis, Jr. Larry R. Wood, Jr. Philadelphia, PA Paul R. Rosen Thomas N. Young Troy, MI Marshal G. MacFarlane

Admissions to the Bar on Written Motions September 3, 1997 Applicant City and State Movant Joseph Jay Abrams Tel-Aviv, Israel Michael P. Penick Jeffrey C. Alexander Houston, TX Robin Christoher Gibbs Gale Graham Allison Tulsa, OK Carl E. Hartley Kathryn Ogden Balmforth Orem, UT Mary Anne O. Wood Charlotte Eleanora Pleasanton, CA Doris Brigitte Heckmann Bartel Hale Slater Thomas Bentley, III Birmingham, AL Rowena Mason Crocker Melanie Rae Blum Orange, CA Lawrence Scott Eisenberg Alexander T. Bok Boston, MA Michael K. Mattchen Carole Lynn Boltz Lincolnshire, IL Anthony Stanley DiVincenzo Audrey Nutik Browne New Orleans, LA Michael Craig Ehrlich Cynthia Lee Bryant Austin, TX John J. Sampson Judith Elaine Burke Knoxville, TN Edward M. Graves, Jr. Teresa Burke Fairfax, VA Peter D. Schellie Judith K. Bush Lummi Island, Robert T. WA Anderson NiaLena Caravasos Philadelphia, PA F. Emmett Fitzpatrick, Jr.

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MONDAY, OCTOBER 6, 1997 141

Applicant City and State Movant Peter D. Carmen Syracuse, NY Douglas Clarke Johnston John M. Castellano Ardsley, NY Gary Steven Fidel Adam Howard Charnes Bethesda, MD Honorable Anthony M. Kennedy, Associate Justice of the Supreme Court Katharine R. Cloud Little Rock, AR John E. Tull, III J. Sheldon Cohen Teaneck, NJ Edward Neilan FitzPatrick Lawrence Martin Cohn Richmond, VA Murray Marcus Jaros Robert Warren Conrad Knoxville, IA Richard Dean Morr Kenneth Keenan Crites Jackson, MS David B. Gross Edward T. Dangel, III Boston, MA Michael K. Mattchen Rafael A. Oliveras Lopez San Juan, PR Roberto Buono De Victoria Grillasca Dale Warren Dover Alexandria, VA Joseph John McCarthy John Marshall Edens Birmingham, AL Rowena Mason Crocker Einer Richard Elhauge Cambridge, MA Laurence Henry Tribe Steven Ellison West Palm Beach, Patricia Lebow FL Teresita J. Ferrera Washington, DC David Robert Levin John W. Fletcher, III Charlotte, NC Linda Wright Simpson Robert David Fox Philadelphia, PA Franklin Poul Irwin Jay Fredman Washington, DC Armand I. Robinson Russell Allen Friemel Austin, TX Marvin L. Collins William S. Galvano Bradenton, FL Caleb John Grimes

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142 MONDAY, OCTOBER 6, 1997

Applicant City and State Movant Patrick Sprain Gerald Midland, TX Kathleen McCollum McCulloch Robin T. Gertler Los Angeles, CA Richard Thomas Waldow John J. Giannini Detroit, MI Frederick D. Steinhardt Daniel J. Gilmore, III Franklin, MA Christopher Tapley Carlson Andrew S. Gordon Phoenix, AZ John P. Frank Jennifer Horan Greer Houston, TX Robin Christopher Gibbs Nancy Grim Kent, OH Edward L. Gilbert John F. Gullace Philadelphia, PA Brian Thomas Ortelere Harry Edwin Hamilton Wilkes-Barre, PA Edward Joseph Korte John W. Hardin, III River Forest, IL Ivan M. Rittenberg Nancy Wilson Hargrove Houston, TX James R. Leahy John Edward Haught Beaumont, TX Louis M. Scofield, Jr. John Thomas Hawkins Waco, TX Curtis Cullen Smith, Jr. Raymond G. Heineman, Jr. Middlesex, NJ William A. Pascarell Jill Higgins Hendrix Seattle, WA Michael C. Duggan Megan Elizabeth Hills Washington, DC Carla Anderson Hills John Sherman Hutson Vancouver, WA Mark William Muenster Robert Weeks Ionta Gallup, NM Paul David Barber Edward Drew Jacobson Washington, DC Jules G. Korner, III Paul Edward Jahn San Francisco, CA Jeffrey Steven Ross James Albert Jennings Dallas, TX Alfred Louis Ruebel, II George Benjamin Jones Atmore, AL George Karl Elbrecht

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MONDAY, OCTOBER 6, 1997 143

Applicant City and State Movant Gregory B. Kanan Denver, CO Michael D. Nosler W. Douglas Kari Los Angeles, CA Robert Edward Freitas Fred Evan Karlinsky Miami, FL Howard M. Talenfeld James Henry Kaufman Colfax, WA Wesley A. Nuxoll Colleen Ann Kelly N. Bethesda, MD Christiane Gigi Hyland Shannon Leigh Kidd Houston, TX Herschel Tracy Crawford Sybil R. Kisken Denver, CO J. Wallace Wortham, Jr. Daniel Francis Konicek Geneva, IL Raymond E. Stachnik Alan I. Korn East Meadow, NY Robert John Farley Wayne Charles Kreuscher Indianapolis, IN Stanley C. Fickle Phillip G. Krueger Parker, AZ Joseph Lenihan David Edwin Lafargue Marksville, LA Jerold Edward Knoll Stuart Allan Law, Jr. Princeton, NJ Patrick T. Ryan Luan Thien Le San Francisco, CA Charles Patrick Barrett George J. Leontire Boston, MA Gerard Francis Malone Robert L. Levy Houston, TX Lynne Liberato Lawrence H. Lieberman Phoenix, AZ Jeffrey B. Smith Carol Phillips Lomax San Antonio, TX James LaVoy Branton Kevin Bruce Love Miami, FL Bradford Swing Clayton O'Neal Lovlace, Jr. Centerville, TN Charles Wayne Cagle Natalie Olivia Ludaway Washington, DC Frederick A. Douglas Vinh The Luong Washington, DC Gene Malde Munson Audrey Kaiser Manka St. Paul, MN Terrence Patrick O'Brien Samuel Alan Marcosson Louisville, KY Carolyn L. Wheeler

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144 MONDAY, OCTOBER 6, 1997

Applicant City and State Movant Timothy John Martin Lakewood, CO Gale Ann Norton Gregory Paul Marx Lafayette, LA James H. Looney Gregory W. McCracken Sacramento, CA Robin Lee Rivett Matthew Francis McGahren Norcross, GA Harlan S. Miller Thomas F. McGuire, Jr. Fall River, MA Joseph I. Macy Monica M. McKenzie Carlsbad, CA Dudley P. Spiller, Jr. Janice Vaughn Mock Dallas, TX Ralph I. Miller William E. Moench St. Louis, MO Mary Anne Sedey Garrett Michael Moore Cheshire, CT Richard Michael Marano Glenn Christopher Moret San Marino, CA Michael Lawrence Whitcomb Marc Damon Moroux Lafayette, LA James Buckner Doyle Kathy Ellen Mount Oakland, CA Kelvin H. Booty, Jr. Paul R. Murphy Morristown, NJ Robert J. Brennan Robert M. Olshever Lake Success, NY Eugene Neal Kaplan Frederic R. Pamp Colorado Springs, R. Dennis CO Lambrecht Lloyd George Parry Philadelphia, PA Paul Steven Diamond George L. Partain Logan, WV Bradley James Pyles Roger Anthony Perez San Antonio, TX Charles Hector Sierra Grisham Arden Phillips Benton, AR Ray Baxter Paul Scott Phillips Meridian, MS Hampton Wingfield Glover, Jr. Janis Wood Preslar Oklahoma City, Sharon L. Taylor OK Julie Laureen Ferguson Washington, DC Robert P. Watkins Queen Patricia L. Quentel Charleston, SC Donald S. Russell Deborah Emanuel Rank Houston, TX Mary Battalora Thamm

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MONDAY, OCTOBER 6, 1997 145

Applicant City and State Movant James P. Ray Austin, TX Robert A. Summers Barrett Hodges Reasoner Houston, TX Robin Christopher Gibbs Robert Steven Remar San Francisco, CA Norman Leonard Todd Arthur Richardson Indianapolis, IN Thomas R. Ruge Scott Roberts San Antonio, TX James LaVoy Branton Joseph John Rotolo Hackensack, NJ Paul W. Armstrong Michael Bernat Samuels San Rafael, CA John Edward Lahart Robert O. Sands Atlanta, GA Homer L. Deakins Calvin Garner Sanford, Jr. Atlanta, GA Homer L. Deakins David John Schenck Dallas, TX Vester T. Hughes Jeffrey A. Schwartz New Orleans, LA Michael Craig Ehrlich Lori Lynn Scialabba Silver Spring, MD David McFarland Dixon Louis E. Sigman Chicago, IL Bernard M. Baum Lawrence G. Sirhall, Jr. Boise, ID Allen R. Derr Daniel Stern Harrisburg, PA John P. Krill, Jr. James Dale Struck Modesto, CA Alexis Irene Crow Maureen O'Connor Sullivan New Orleans, LA Richard A. Fogel Kris J. Sundberg Mercer Island, John D. WA Blankinship Kendra L. Tanacea San Francisco, CA Michael Craig Ehrlich Thomas C. Tankersley Montgomery, AL Harry Cole Steven Cecil Teske Jonesboro, GA Stephen Edwin Boswell Douglas J. Toppenberg Knoxville, TN Edward M. Graves, Jr. Kimron R. Torgerson Nezperce, ID Wilfrid W. Longeteig C. Stephen Trimmier Birmingham, AL John Vernon Patrick, Jr. Judson T. Tucker Meridian, MS Hampton Wingfield Glover, Jr.

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146 MONDAY, OCTOBER 6, 1997

Applicant City and State Movant Gregory William Vleisides Kansas City, MO F. Lee Bailey Phillip R. Volland Anchorage, AK G. Thomas Koester Thomas S. Waldo Juneau, AK Eric Paul Jorgensen Robert William Walters Burbank, CA Scott H. Howard Stanley M. Ward Norman, OK Gary W. Gardenhire Thomas B. Wells Atlanta, GA Lapsley Walker Hamblen, Jr. Tracy Jill Willi Houston, TX JoAnn Storey Diane Westwood Wilson New York, NY Stephen J. Fearon Alan M. Wishnoff Buffalo, NY Paul D. Zuydhoek Clifford A. Wright Oklahoma City, Richard K. Books OK Richard Osborn Wuerth Columbus, OH Rick E. Marsh Christopher J. Zaunbrecher Lafayette, LA William Frederick Page, Jr.

Admissions to the Bar on Written Motions September 15, 1997 Applicant City and State Movant Deborah S. Adams Cincinnati, OH David Thomson Croall Claude Alexander Allen Richmond, VA Richard Cullen J. Arnold Aquilar Brownsville, TX Edward A. Stapleton, III Daniel J. Balhoff Baton Rouge, LA Paul Harper Due John Gerald Barisone Santa Cruz, CA Rodney Raymond Atchison Thomas Joseph Bath, Jr. Overland Park, Thomas H. KS Bornholdt Diana Carol Bauer Fort Wayne, IN Milford M. Miller Daniel F. Bertch Salt Lake City, Dale Farr UT Gardiner Ann Celestine Bertino Washington, DC David Robert Levin Andrew C. Bohrnsen Spokane, WA Eugene I. Annis Denise Marie Bowman Owings, MD Gary Ross Alexander

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MONDAY, OCTOBER 6, 1997 147

Applicant City and State Movant Bruce Roger Braun Chicago, IL Dan K. Webb Beth M. Bryant Wilmington, NC Robert White Johnson David Robert Bungard Charleston, WV R. Clarke Van Dervort Karen Calcaterra Cain Lee's Summit, MO Stephen Michael Ryals Randall W. Cain Lee's Summit, MO Stephen Michael Ryals David Capp Hammond, IN Gregory R. Lyman Haral E. Carlin Fayetteville, NC H. Gerald Beaver Kevin Jerome Carrico Beloit, KS Joseph Robert Shepack Lewis Norman Carter Tulsa, OK William C. Anderson Burton Chandler Worcester, MA Darragh Keith Kasakoff Karen Renneisen Cicala Memphis, TN Lynda F. Teems Joseph M. Cleary Indianapolis, IN Monica Foster Robert H. Compton Meridian, MS William B. Compton David Cooper Comstock, Jr. Youngstown, OH Vincent E. Gilmartin Donald L. Dalton Salt Lake City, David A. UT Greenwood Paul J. Dion San Francisco, CA Leland R. Selna, Jr. Todd Edward Dirksen Vientiane, LAOS Peter Paul Weidenbruch, Jr. Eugene Dong Palo Alto, CA Myron E. Etienne, Jr. Ronald Leo Drozdzik Chicago, IL David A. Novoselsky Matthew L. Duffin Tooele, UT William George Schmidt Jay Edward Dugger Hampton, VA Patrick B. McDermott Nelson I. Dunitz Chicago, IL Carl Maurice Walsh

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148 MONDAY, OCTOBER 6, 1997

Applicant City and State Movant Richard John Eagleton Tulsa, OK Samuel Field Phillip Daniel, II J. Jackson Eaton, III Allentown, PA Paul A. McGinley Keith E. Eggleton Palo Alto, CA Michael Barclay Robert P. Feldman Palo Alto, CA David Sidney Steuer Mary Susan Flipse Vientiane, Laos Peter Paul Weidenbruch, Jr. William H. Fogle Mt. Sterling, KY Alan B. Peck Charles Walker Gall Honolulu, HI Ernest Haruo Nomura Mark Joseph Gillis Boston, MA Dana Alan Curhan Robert E. Glasser Irvine, CA Theodore S. Wentworth Irwin R. Gross Palo Alto, CA David Sidney Steuer Alex John Hagan Raleigh, NC Samuel O. Southern Keith J. Halleland Minneapolis, MN Donald Marion Lewis Frances Witty Hamermesh Austin, TX David M. Davis Pamela Jones Harbour New York, NY Dennis C. Vacco John V. Hasson Fort Washington, Catherine M. PA Harper Samuel Scott Haynes Columbus, OH John Joseph Bodine, Jr. Ruth Morrison Hennage South Bend, IN Gregory R. Lyman Charles B. Herndon St. Thomas, VI Robert Gregory Turner Robert James Hildum Baton Rouge, LA James P. Manasseh David Michael Hosmer Yankton, SD Michael E. Ridgway Patricia L. Kantor New York, NY Deming E. Sherman Kurt D. Karsten Annapolis, MD David Randolph Thompson Darren K. Kearns Drexel, MO John L. McClain

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MONDAY, OCTOBER 6, 1997 149

Applicant City and State Movant Robert T. Keen, Jr. Fort Wayne, IN Milford M. Miller Thomas Gene Keiderling Des Moines, IA Kathryn B. Goudy F. Curt Kirschner, Jr. San Francisco, CA Joseph M. Malkin David Nyce Kittredge New York, NY Edward Charles Prado Thomas Sutton Knox Sacramento, CA Philip Knox, Jr. Lauren Klett Kroeger Valparaiso, IN Mark E. Schmidtke Ronald P. Kuker Valparaiso, IN Mark E. Schmidtke Mark Daniel Lansing Albany, NY Robert E. Helm Felix Eric Leatherwood Los Angeles, CA Diane M. Spencer Jacqueline L. Lussier Washington, DC Wells Daniels Burgess Samuel Manly Louisville, KY Elmer Joseph George Carlton Murray Mansfield Pembroke, NC William Fitzhugh Williams Massengal Jeanine Marie-Victoire San Francisco, CA Ollie Marie-Victoire Michael Jay Marovich Orland Park, IL John David Dillner Marianne Dise Mason Annapolis, MD Paul Burton Smyth Christopher Edward St. Louis, MO Joseph L. Leritz McGraugh Thomas F. Meeks Little Rock, AR James Walter Moore Cloud Hicklen Miller, III Atlanta, GA Arthur L. Wallace, III Miles D. Monson Beaverton, OR Todd Alan Trierweiler Teddy Moore New York, NY Jerry M. Iannece Charles Jerome Murray Raleigh, NC Lars Franklin Nance John H. Niebler Monomonee Falls, Roy E. Wagner WI Kelly T. Nugent Oakland, CA Robert E. Jensen

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150 MONDAY, OCTOBER 6, 1997

Applicant City and State Movant Karen Marie O'Kasey Portland, OR Roland Fitzgerald Banks, Jr. Leslie C. O'Toole Raleigh, NC Richard W. Ellis Michelle Banks Odum Little Rock, AR Terry F. Wynne Steven R. Orr Los Angeles, CA Glenn R. Watson Julie A. Pace Phoenix, AZ David A. Selden Alfred R. Paliani Brooklyn, NY Deming E. Sherman Daniel William Pisani Naperville, IL Kathleen T. Zellner John J. Polak Charleston, WV John Andrew Smith Eliot Dalton Prescott Hartford, CT Robert Baruch Teitelman Tony Greg Puckett Oklahoma City, Peter Tyson Van OK Dyke Mary Gassmann Reichert St. Louis, MO Thomas Charles Walsh Phillip Alfred Renz Fort Wayne, IN Milford M. Miller Michael T. Reynolds Chicago, IL Judge Mary Ann G. McMorrow Paul S. Rosenlund San Francisco, CA Barry L. Bunshoft Peter Glatz Rush Chicago, IL John P. Scotellaro Lynda J. Russell Tucson, AZ Larry Stephen Rosenthal Christine Green Sanfilippo Sacramento, CA Laurence L. Angelo Jeffry L. Sanford Spillman, LA Sam J. D'Amico Judi M. Sanzo San Diego, CA Bruce Robert Castetter Jacqueline D. Scott Grand Rapids, MI Mark S. Allard Kim Lynette Sheffield Fayetteville, PA Douglas Howard Kohrt Ghassan Marwan Shihab Columbus, OH Brian Arold Freeman Ron E. Shulman Palo Alto, CA Michael Barclay Alex J. Simmons, Jr. Atlanta, GA David Howard Flint Kenneth D. Sisco Santa Ana, CA Robert Neal Hunter, Jr.

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MONDAY, OCTOBER 6, 1997 151

Applicant City and State Movant Gary Allen Snyder Dayton, OH Wilbur Stoll Lang Kenneth Howard New York, NY John C. Vassil Sonnenfeld Paul Jerald Stainback Henderson, NC John H. Zollicoffer, Jr. Melissa Landau Steinman Washington, DC William Dean Coston Daniel P. Stipano Alexandria, VA Robert Stephen Pasley Steven John Swan Keokuk, IA John Anthony Morrissey John Goulding Swift Lafayette, LA James J. Davidson, III Brian Michael Tauscher Washington, DC M. Miller Baker Cathleen Marie Vitale Glen Burnie, MD Emile Joseph Henault, Jr. Daniel Herman Weiss Gaithersburg, MD Michael R. Braudes Patrick J. Winn Rockford, IL Charles Benno Wolf Minturn Tatum Wright, IV Washington, DC Harvey Bartle, III Theodore Zang, Jr. New York, NY Stephen D. Houck Ari Shlomo Zymelman Washington, DC Richard Melvyn Cooper

Admissions to the Bar on Oral Motions Applicant City and State Movant

Rita Louise Lowery Wheaton, IL Judge Berchmans Gitchell Paul Cotter, Jr. Mario Mandina Kansas City, MO Judge Berchmans Paul Cotter, Jr. Janine Hurtak Bosley Alexandria, VA Honorable Dale Earl Bosley John J. Hurtak Miami, FL Honorable Dale Earl Bosley Jerome Joseph Hurtak Miami, FL Honorable Dale Earl Bosley John Anthony Hurtak Miami, FL Honorable Dale Earl Bosley

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152 MONDAY, OCTOBER 6, 1997

Applicant City and State Movant Donna C. Hurtak Miami, FL Honorable Dale Earl Bosley Martha Louise Hutzelman Alexandria, VA Honorable Dale Earl Bosley Caren C. Gabriel Tullahoma, TN Stephen A. J. Eisenberg Thomas Peter Anselmo New York City, Sigismondo F. NY Renda William T. Pryor Arlington, VA William Jeremiah Donovan, Jr.

Oral Arguments No. 96843. National Credit Union Administration, Petitioner v. First National Bank & Trust Co., et al.; and No. 96847. AT&T Family Federal Credit Union, et al., Petitioners v. First National Bank and Trust Co., et al. Argued by Mr. Seth P. Waxman for the petitioner in case No. 96843, by Mr. John G. Roberts, Jr., for the petitioners in case No. 96847, and by Mr. Michael S. Helfer for the respondents. No. 96670. Murphy J. Foster, Jr., Governor of Louisiana, et al., Peti- tioners v. G. Scott Love, Paul S. Bergeron, Kathleen B. Balhoff, and Bennie Baker-Bourgeois. Argued by Mr. Richard P. Ieyoub for the peti- tioners and by Mr. M. Miller Baker for the respondents. No. 96643. Steel Company, aka Chicago Steel and Pickling Com- pany, Petitioner v. Citizens for a Better Environment. Argued by Mr. Sanford M. Stein for the petitioner, by Mr. David A. Strauss for the respondent, and by Mr. Irving L. Gornstein for the United States as amicus curiae by special leave of the Court.

Adjourned until Tuesday, October 7, 1997, at 10 o'clock.

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(JOURNAL) TUESDAY, OCTOBER 7, 1997 153 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Admissions to the Bar on Oral Motions Applicant City and State Movant Robert Brian Jackson Bellevue, WA Slade Gorton Stephen Francis Schneider Bellevue, WA Slade Gorton William Guyton Simmons Seattle, WA Slade Gorton Houeida Saad Washington, DC Judge Donald I. Ivers Mark Renwick Larson Seattle, WA Donovan R. Flora Stephen F. Later Alexandria, VA Chester J. Later Lawrence A. Stein Wheaton, IL Hersh Stein Richard Martin Foster Northridge, CA Barry Roberts Anthony Wayne Hart Los Angeles, CA Barry Roberts Robert Wilson Churchill Grayslake, IL Paul T. Kalinich Max E. Goodwin Terre Haute, IN Paul T. Kalinich Gabriel Joshua Christian Upper Marlboro, Garland Howe MD Stillwell Marie Andree Green Riverdale, MD Garland Howe Stillwell Farnese Naomi Haynes Reston, VA Garland Howe Stillwell Stephanye A. Redd Upper Marlboro, Garland Howe Maxwell MD Stillwell George E. Simms, III Brookeville, MD Garland Howe Stillwell Vera Lynne White Rockville, MD Garland Howe Stillwell

Oral Arguments No. 96871. State Oil Company, Petitioner v. Barkat U. Kahn and Kahn & Associates, Inc. Argued by Mr. John Baumgartner for the peti- tioner, by Mr. Joel I. Klein for the United States, as amicus curiae, by special leave of the Court, by Mr. Anthony S. Divincenzo for the respondents, and by Ms. Pamela J. Harbour for the State of New York, as amicus curiae, by special leave of the Court.

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154 TUESDAY, OCTOBER 7, 1997 No. 96792. Lynne Kalina, Petitioner v. Rodney Fletcher. Argued by Mr. Norman Maleng for the petitioner, by Ms. Patricia A. Millett for the United States, as amicus curiae, by special leave of the Court, and by Mr. Timothy K. Ford for the respondent. No. 967185. Garrit Bates, Petitioner v. United States. Argued by Mr. C. Richard Oren for the petitioner and by Ms. Lisa S. Blatt for the respondent.

Adjourned until Wednesday, October 8, 1997, at 10 o'clock.

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(JOURNAL) WEDNESDAY, OCTOBER 8, 1997 155 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Admissions to the Bar on Oral Motions Applicant City and State Movant

Leslie Bryan Hart Reno, NV Richard H. Bryan Lawrence J. Lehman Atlanta, GA Kenneth Winston Starr Theresa J. Arnold Chicago, IL Kenneth Winston Starr Gerard J. Carpency Chicago, IL Kenneth Winston Starr William K. Dwyer, Jr. Chicago, IL Kenneth Winston Starr Roland Karl Filippi Chicago, IL Keneth Winston Starr Stephen F. Gates Chicago, IL Kenneth Winston Starr James J. Neath Chicago, IL Kenneth Winston Starr Howard J. Sobczak Chicago, IL Kenneth Winston Starr Stephen R. Winters Chicago, IL Kenneth Winston Starr William E. Maseth, Jr. Baltimore, MD Kenneth Winston Starr David L. Pippenger Timonium, MD Kenneth Winston Starr Thomas Joseph Medaglia, Washington, DC Kenneth Winston III Starr Raymond Anthony Mueller Chicago, IL Kenneth Winston Starr David Keith Brown Houston, TX Kenneth Winston Starr Kenneth Lee George Houston, TX Kenneth Winston Starr

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156 WEDNESDAY, OCTOBER 8, 1997

Applicant City and State Movant James Tracey Rogers Houston, TX Kenneth Winston Starr

Oral Arguments No. 96779. Arkansas Educational Television Commission, Peti- tioner v. Ralph P. Forbes. Argued by Mr. Richard D. Marks for the petitioner, by Mr. Lawrence G. Wallace for the United States, as ami- cus curiae, by special leave of the Court, and by Mr. Kelly J. Shackel- ford for the respondent. No. 96976. John Hudson, Larry Baresel, and Jack Butler Rackley, Petitioners v. United States. Argued by Mr. Bernard J. Rothbaum for the petitioners and by Mr. Michael R. Dreeben for the respondent. No. 96738. Mario Salinas, Petitioner v. United States. Argued by Mr. Francisco J. Enriquez for the petitioner and by Mr. Paul R. Q. Wolfson for the respondent.

Adjourned until Tuesday, October 14, 1997, at 10 o'clock.

Habeas Corpus Denied No. 976214. In Re Ricky Lee Green, Petitioner. Application for stay of execution of sentence of death presented to Justice Scalia and by him referred to the Court denied. Petition for a writ of habeas corpus denied.

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(JOURNAL) TUESDAY, OCTOBER 14, 1997 157 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer. The Chief Justice said: "Today's orders of the Court have been certified by The Chief Jus- tice, filed with the Clerk, and will not be announced orally."

Certiorari-Summary Disposition

No. 9758. Lynn Doherty, Director, Illinois Department of Employ- ment Security, Petitioner v. Luella Pennington, etc. On petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit. Motion of respondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Seventh Circuit for further consideration in light of Pub. L. No. 10533, 111 Stat. 251, Title V, Subtitle E, Section 5401 (Aug. 5, 1997).

Orders in Pending Cases

No. M16. Atwell Junior Conner, Petitioner v. John A. Thalacker, Superintendent, North Central Correctional Facility, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M17. Mahmud Khabir Al-Matin, Petitioner v. Robert H. Kuhl- mann, Superintendent, Sullivan Correctional Facility. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M18. Wesley Robertson, Petitioner v. William Fraser, Warden. Motion to direct the Clerk to file a petition for writ of certiorari out- of-time denied. No. 65, Original. State of Texas, Plaintiff v. State of New Mexico. Motion of the River Master for fees and expenses granted, and the River Master awarded $4,071.59 for the period April 1-June 30, 1997, to be paid equally by the parties. No. 120, Original. State of New Jersey, Plaintiff v. State of New York. Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted.

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158 TUESDAY, OCTOBER 14, 1997 No. 961470. Quality King Distributors, Inc., Petitioner v. L'Anza Research International, Inc. Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted. No. 961581. South Dakota, Petitioner v. Yankton Sioux Tribe, et al. Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted. No. 961337. County of Sacramento, et al., Petitioners v. Teri Lewis and Thomas Lewis, Personal Representatives of the Estate of Philip Lewis, Deceased. Motion of Grand Lodge of the Fraternal Order of Police for leave to file a brief as amicus curiae granted. No. 961578. Thomas R. Phillips, et al., Petitioners v. Washington Legal Foundation, et al. Motion of Massachusetts Bar Foundation for leave to file a brief as amicus curiae granted. No. 9753. Jane M. Roberts, Guardian for Wanda Y. Johnson, Peti- tioner v. Galen of Virginia, Inc., formerly dba Humana Hospital-Univer- sity of Louisville, dba University of Louisville Hospital. The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States. No. 97215. Arthur Calderon, Warden, Petitioner v. Thomas Thomp- son. Motion of Criminal Justice Legal Foundation for leave to file a brief as amicus curiae granted.

Certiorari Granted No. 961829. Montana, et al., Petitioners v. Crow Tribe of Indians, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit granted. No. 97300. Terry Stewart, Director, Arizona Department of Correc- tions, et al., Petitioners v. Ramon Martinez-Villareal. Motion of re- spondent for leave to proceed in forma pauperis granted. Motion of Criminal Justice Legal Foundation for leave to file a brief as amicus curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted. No. 975310. David R. Beach, et ux., Petitioners v. Ocwen Federal Bank. Motion of petitioners for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the Supreme Court of Florida granted limited to the following question: "May an action for the statu- tory right of rescission provided by the Truth-in-Lending Act, 15 U. S. C. Section 1635, be revived as a defense in recoupment beyond the three-year limit on the right of rescission set forth in Section 1635(f)?"

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TUESDAY, OCTOBER 14, 1997 159 Certiorari Denied No. 961497. City of Moreno Valley, et al., Petitioners v. Desert Out- door Advertising, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 961830. Tractor Supply Company, Inc., Petitioner v. Vincent L. Pryner; and No. 97123. Vincent L. Pryner, Petitioner v. Tractor Supply Com- pany, Inc. Petitions for writs of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 961921. Sidney J. Brown, et al., Petitioners v. Federal Deposit Insurance Corporation. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 961948. Student Loan Marketing Association, Petitioner v. Richard W. Riley, Secretary of Education. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 969247. Billy George Hughes, Jr., Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 969422. Ramon Del Rio, Petitioner v. Attorney General of Cali- fornia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 9777. Robert Ayers, Jr., Warden, Petitioner v. Troy Isaiah Mitchell. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 9782. Lance E. Lindblom, Petitioner v. Federal Bureau of In- vestigation. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 97155. Florida Seed Company, Inc., et al., Petitioners v. Mon- santo Company. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97160. Latreese Tabb, Petitioner v. Dillard Department Stores, Inc. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. No. 97195. Jesus Miranda, Petitioner v. City of El Paso, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97196. Chandrelle L. White-Page, etc., et al., Petitioners v. Har- ris County, Texas, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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160 TUESDAY, OCTOBER 14, 1997 No. 97204. Keena White, Deceased, By Her Personal Representa- tive, Cindy White, et al., Petitioners v. Ruby Chambliss, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97211. Grand Fraternity Rosae Crucis, Petitioner v. William B. Moyer and Gerald Poesnecker. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 97214. Donald R. Kurz, et al., Petitioners v. Philadelphia Elec- tric Co., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 97219. Penobscot Indian Nation, Petitioner v. Key Bank of Maine, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 97221. Perry S. Shers, Petitioner v. City and County of San Francisco, et al. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied. No. 97225. Dianne L. Shea, Individually and as Trustee for the Heirs of Patrick Joseph Shea, Deceased, etc., Petitioner v. Sidney Esen- sten, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97238. Juana Muniz, et al., Petitioners v. Solano County. Peti- tion for writ of certiorari to the Court of Appeal of California, First Appellate District, denied. No. 97242. Wexler & Wexler, Petitioner v. Bradley T. Ryan. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97243. David M. Mumford, Petitioner v. David A. Basinski. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97246. Billy Frank Vickers, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 97247. Placer County, Petitioner v. Yovana Gutowsky. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97251. Antoine M. Saacks, Jr., Petitioner v. City of New Or- leans, et al. Petition for writ of certiorari to the Court of Appeal of Louisiana, Fourth Circuit, denied. No. 97252. Thomas R. Hutchinson, Personal Representative of the Estate of Robert W. Hutchinson, Deceased, Petitioner v. Richard B.

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TUESDAY, OCTOBER 14, 1997 161 Pfeil, et ux. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 97259. Ahmad Ali Massoud Ansari, Petitioner v. Reza Pahlavi and Medina Development Company. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97261. Terry Dillon, et al., Petitioners v. Northern Indiana Commuter Transportation District, et al. Petition for writ of certiorari to the Court of Appeals of Indiana, Third District, denied. No. 97263. Ralph L. Read, Petitioner v. Medical X-Ray Center, P. C. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97266. James W. Woodson, Petitioner v. Scott Paper Company. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 97267. Beverly Myers, Petitioner v. Mary Moffitt, et al. Petition for writ of certiorari to the Supreme Court of New Hampshire denied. No. 97270. Michele Peacock, Petitioner v. Great Western Mortgage Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 97273. Oxxford Clothes XX, Inc., Petitioner v. Exxon Corpora- tion. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. No. 97277. James Kirk, et ux., et al., Petitioners v. Town of Osceola. Petition for writ of certiorari to the Court of Appeals of Indiana, First District, denied. No. 97278. Leon J. Brobst, Petitioner v. Blair County Department of Costs and Fines. Petition for writ of certiorari to the Superior Court of Pennsylvania, Pittsburgh Office, denied. No. 97287. Joseph E. Bigelow, et al., Petitioners v. Dallas & Mavis Forwarding Company, Inc., etc. Petition for writ of certiorari to the Court of Appeals of Kentucky denied. No. 97291. Sally B. Kirman, et vir, Petitioners v. Compagnie Fran- caise de Croisieres. Petition for writ of certiorari to the Court of Ap- peal of California, Second Appellate District, denied. No. 97294. Donald S. Jones, Petitioner v. Kurt Peterson, Superin- tendent, Washington Corrections Center, et al. Petition for writ of cer- tiorari to the United States Court of Appeals for the Ninth Circuit denied.

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162 TUESDAY, OCTOBER 14, 1997 No. 97298. Flotilla, Inc., Petitioner v. Florida Game and Freshwater Fish Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97299. King Osborne, Petitioner v. Seminole County. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97301. Paul R. Smith, Petitioner v. Ciba-Geigy Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97302. Carolyn Armor, et ux., Petitioners v. Michelin Tire Cor- poration. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97305. Joseph H. Delaney, Petitioner v. Christine Rodriguez. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97306. Shirley Gee, et al., Petitioners v. Southwest Airlines Co. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97332. Adrian Bonilla Montalvo, Petitioner v. Banco Bilbao Viz- caya, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 97336. United States ex rel. Pamela A. Berge, Petitioner v. Board of Trustees of the University of Alabama, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97340. In Re Donald R. Milligan, Petitioner. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 97345. Judith E. Caldwell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 97352. Calvin K. Adam, Petitioner v. Dickinson Place Charita- ble Corporation and Donald Learner. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97354. Jon Barton Jacob, Petitioner v. MetroLaser, Inc., et al. Petition for writ of certiorari to the Supreme Court of New Mexico denied.

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TUESDAY, OCTOBER 14, 1997 163 No. 97357. Luis Carlos Quintero-Cruz, Petitioner v. Kelly Ward, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97377. Frank F. Fasi, Petitioner v. Gannett Company, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97388. LDG Timber Enterprises, Inc., Petitioner v. Daniel R. Glickman, Secretary of Agriculture. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 97392. Brian Montefolka, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 97415. Sheldon Drobny, et ux., Petitioners v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97417. Essex Electro Engineers, Inc., Petitioner v. Sheila E. Widnall, Secretary of the Air Force. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 97443. Barbara J. Hale, Petitioner v. National Center for State Courts. Petition for writ of certiorari to the Supreme Court of Vir- ginia denied. No. 97455. Frances L. Kearns, Petitioner v. Marvin T. Runyon, Jr., Postmaster General, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97456. Johnny Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97460. John A. Rapanos, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97466. Robert Donnell Jones, Petitioner v. Maryland. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied. No. 97476. Robert Lee Avrett, Jr., Petitioner v. Poly- America, Inc., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. No. 975008. Thomas M. Larry, Petitioner v. North Carolina. Peti- tion for writ of certiorari to the Supreme Court of North Carolina denied.

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164 TUESDAY, OCTOBER 14, 1997 No. 975042. Lacy Wayne Nanney, Petitioner v. Fred Raney, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 975088. Aguiles Amaya-Alvarado, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975095. Aldwin McNeal, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 975097. Charlot E. Thickstun, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975116. Tommy Lee Waldrip, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. No. 975187. Edward Lewis LaGrone, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 975264. William Michael Cunningham, Petitioner v. Robert E. Rubin, Secretary of the Treasury, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 975270. Richard Bowe, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 975383. I. D. P., Juvenile Male, and W. L. G., Juvenile Male, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975441. Reginald Sebastian White, Petitioner v. Hoffman-La Roche, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975449. Keith Bradley East, Petitioner v. North Carolina. Peti- tion for writ of certiorari to the Supreme Court of North Carolina denied. No. 975455. Lacey Sivak, Petitioner v. Idaho, et al. Petition for writ of certiorari to the Supreme Court of Idaho denied. No. 975457. Emerson Elder, Petitioner v. New Jersey Transit Cor- poration. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. No. 975459. William Bender, Petitioner v. Remy Messer, et al. Peti- tion for writ of certiorari to the Supreme Court of North Dakota denied.

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TUESDAY, OCTOBER 14, 1997 165 No. 975466. Brian Maus, Petitioner v. Karen Smith, et al. Petition for writ of certiorari to the Court of Appeals of Wisconsin, District III, denied. No. 975467. John Myers, Petitioner v. California, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975468. Cheval Wright, aka Ansar El Muhammad, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Third Appellate District, denied. No. 975478. Noel Tichenor, Petitioner v. New York. Petition for writ of certiorari to the Court of Appeals of New York denied. No. 975479. Bradley N. Hart, Petitioner v. Pete Wilson, Governor of California, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975481. James Thomas English, Jr., Petitioner v. Robert Red- man, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 975488. Alexander Leon, Petitioner v. Superior Court of Cali- fornia, Los Angeles County, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975497. Gary Lee Shockley, Petitioner v. Rick Kearney, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 975502. Carl R. Christy, Petitioner v. Florida. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975510. Scott Edwin Hill, Petitioner v. Mary Lou Maxwell, et al. Petition for writ of certiorari to the Court of Appeals of Minne- sota denied. No. 975512. Raymond Eddington, Petitioner v. Michael Groose, Superintendent, Jefferson City Correctional Center. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 975513. Edward Jerome Harbison, Petitioner v. Tennessee. Pe- tition for writ of certiorari to the Supreme Court of Tennessee, Eastern Division, denied. No. 975516. Gurdev Multani, Petitioner v. Newsweek, Inc., et al. Petition for writ of certiorari to the Court of Appeals of New York denied.

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166 TUESDAY, OCTOBER 14, 1997 No. 975519. Derek Leroy McSmith, Petitioner v. Carrie Tavares. Petition for writ of certiorari to the Court of Appeals of Georgia denied. No. 975530. William Edward Lambert, Petitioner v. S. Frank Thompson, Superintendent, Oregon State Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975534. Stephen A. Triplett, Jr., Petitioner v. Michael F. Shea- han, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 975537. Calvin Earl Brown, Petititioner v. William C. Griffin, Jr., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975542. Charles L. Feely, Petitioner v. Malvina D'Orange. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 975548. Mack A. Warren, Petitioner v. Ken E. Kuykendall, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975551. Rory Keith Jones, Petitioner v. Wayne C. Wendel, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975552. Jeffrey Slagle, Petitioner v. Indiana. Petition for writ of certiorari to the Court of Appeals of Indiana, Fifth District, denied. No. 975556. Edward Eugene Barber, Petitioner v. Albert G. Thomas, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975559. Eddie Lee Fain, Petitioner v. Jack Kerns, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975564. Norman James Hayes, Petitioner v. Laurie F. Bes- singer, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975573. Larry Taylor, Petitioner v. James Purkett, Superin- tendent, Farmington Correctional Center, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Cir- cuit denied.

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TUESDAY, OCTOBER 14, 1997 167 No. 975574. Terry N. Taylor, Petitioner v. Charles Box, Mayor of the City of Rockford, Illinois, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 975575. Rodney Bernard Bibbs, Petitioner v. Bruce MacDon- ald, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 975576. Mildred Barrois, Petitioner v. Unidentified Party, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975581. Mario Charles Coggins, Petitioner v. 297 Lenox Realty Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 975583. Alex Hubbard, Jr., Petitioner v. Alabama Alcoholic Beverage Control Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975588. David W. Gibson, Petitioner v. Burl Cain, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975590. Daniel Steve Dixon, Petitioner v. Glenn Mueller, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 975591. Bill Ray Guinn, aka Bill Guinn, aka Billy Ray Guinn, Petitioner v. Deanell R. Tacha, Judge, United States Court of Appeals for the Tenth Circuit, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 975593. Lorenzo Jenkins, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 975595. Gregory Scott Dickens, Petitioner v. Arizona. Petition for writ of certiorari to the Supreme Court of Arizona denied. No. 975599. David Smith, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 975600. Earl F. Mink, Petitioner v. General Motors Corpora- tion. Petition for writ of certiorari to the Court of Appeals of Michi- gan denied. No. 975603. Jose Luis Rubio, Petitioner v. George Smith, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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168 TUESDAY, OCTOBER 14, 1997 No. 975608. Wilbur McReynolds, Petitioner v. Commissioner, Office of Mental Retardation and Developmental Disabilities of New York, et al. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied. No. 975609. James Bauhaus, Petitioner v. Oklahoma, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 975611. Richard Terry Heit, Petitioner v. Michigan. Petition for writ of certiorari to the Court of Appeals of Michigan denied. No. 975615. David L. May, Petitioner v. George H. Baldwin, Jr., Superintendent, Eastern Oregon Correctional Institution, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975616. Diane Corto, Petitioner v. National Scenery Studios. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 975622. Roderick Herring, Petitioner v. James Schotten, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 975625. Richard McCarty, Petitioner v. Donald Dorsey, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied. No. 975631. Sarah W. Brown, Petitioner v. Leonard L. Koenick, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 975633. John Warren, Petitioner v. Charles Brunelle, Superin- tendent, Wyoming Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 975636. William Yusuf Safford, Petitioner v. John Doe, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 975639. Timothy Don Carr, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. No. 975653. Thomas Elton Holder, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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TUESDAY, OCTOBER 14, 1997 169 No. 975663. James Edward Hightower, Petitioner v. Gary L. John- son, Director, Texas Department of Criminal Justice, Institutional Di- vision. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975669. Robert Lamarr Allen, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975703. Latasha Pulliam, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 975719. Timothy Marvin Santos, Petitioner v. California. Peti- tion for writ of certiorari to the Supreme Court of California denied. No. 975736. Kelly Maurice Hill, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Third Appellate District, denied. No. 975764. Clarence Sinegal, Petitioner v. Gary L. Johnson, Direc- tor, Texas Department of Criminal Justice, Institutional Division. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975769. Bahaa Kalasho, Petitioner v. Barry Panzer, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 975780. Charles William Levy, Petitioner v. Michele McQuigg, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. No. 975786. Steven Lakeith Armstead, Petitioner v. United States; and No. 975803. Leroy Graham Armstead, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975789. Johnny Eugene Smith, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975791. Paul Sjeklocha, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975792. Lavern Scherping, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

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170 TUESDAY, OCTOBER 14, 1997 No. 975795. Brian Brinson, Petitioner v. George H. Baldwin, Jr., Superintendent, Eastern Oregon Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975800. Leland Reed, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 975801. Agapito Montalvo Silguero, Petitioner v. United States; No. 975802. Gerardo Torres, Petitioner v. United States; and No. 975929. Oscar Beltran, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975805. Frutuso Villarreal, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, First Dis- trict, denied. No. 975809. Aaron Shelton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 975810. Bryan Watkins, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 975812. Ralph Herbert Suttle, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975813. Sergio Zaragoza, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 975814. Ronald Washington, Petitioner v. Amy Neville; Ronald Washington, Petitioner v. Amy Neville; and Ronald Washington, Peti- tioner v. Amy Neville. Petition for writ of certiorari to the Court of Appeals of Michigan denied. No. 975815. Levi Benjamin, Petitioner v. Equal Employment Op- portunity Commission. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 975820. John Maguire, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadelphia Office, denied. No. 975822. Kenneth William Medenbach, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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TUESDAY, OCTOBER 14, 1997 171 No. 975823. George R. Jordan, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 975826. Trevor Gifford, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 975828. Touch Huor, Petitioner v. California; and No. 975849. Heng I, Petitioner v. California. Petitions for writs of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. No. 975834. Ernesto Gutierrez-Silva and Kevin Beal, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 975835. Marquita Latice Hankins, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 975836. Kirk F. DePuew, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 975842. Julius Johnson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 975845. Alfred V. Bottone, Sr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 975851. Karen Rowell, Petitioner v. South Carolina. Petition for writ of certiorari to the Supreme Court of South Carolina denied. No. 975852. Jose A. Rodriguez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975855. Samuel Lewis Brown, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 975857. Robert Cortez Turner, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975858. Nile Imani Taylor, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

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172 TUESDAY, OCTOBER 14, 1997 No. 975861. James Colbert, III, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975862. Harold Del Joyce, Petitioner v. S. Frank Thompson, Superintendent, Oregon State Penitentiary. Petition for writ of certio- rari to the United States Court of Appeals for the Ninth Circuit denied. No. 975864. Robert L. Brock, Petitioner v. Joan E. Carroll, Lieuten- ant, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975865. Deborah Burns, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975867. Walter R. Coleman, Jr., Petitioner v. J. D. Netherland, Warden. Petition for writ of certiorari to the Supreme Court of Vir- ginia denied. No. 975870. Patrick Hough Harrington, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975874. Manuel Rivas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 975875. Craig Alton Riddick, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 975876. Latty Coumba Seck, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 975877. Tracy Ross, Petitioner v. United States; and No. 975971. Frank Brimage, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the First Circuit denied. No. 975878. James M. Richman, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975880. Alfonso Rodriguez, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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TUESDAY, OCTOBER 14, 1997 173 No. 975883. John A. Langworthy, Petitioner v. Juvenal R. Goico- chea. Petition for writ of certiorari to the Court of Appeals of Mary- land denied. No. 975884. Ronald S. Leventhal, Petitioner v. Anne H. Moseley, et al. Petition for writ of certiorari to the Court of Appeals of Georgia denied. No. 975892. Thomas Wayne Whitlow, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 975895. James A. Shelton, Petitioner v. John J. Callahan, Acting Commissioner of Social Security. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975899. George Dennis Underwood, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975902. Carlos Alberto Giraldo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975906. Shirley Johnson, Petitioner v. Robbinsdale Independ- ent School District, No. 281, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 975909. Bernard Allen Mayles, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 975911. Joseph L. Wagner, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 975912. Pedro Rufin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 975917. Elauin L. Hebron, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 975918. Mario Ramon Goni, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975923. Nicholas Robert Crowder, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied.

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174 TUESDAY, OCTOBER 14, 1997 No. 975925. James Michael Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 975926. William Wheeler, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975930. Auburn Calloway, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 975931. Darvis Orlando Dingle, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 975932. Thomas Daniels, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 975933. Jonathan Wayne Jefferson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975934. Sergio Londono, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 975937. Daniel W. Kinard, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 975941. Shane Sterling, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975942. Damian Remy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 975946. Michael v. Schofield, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 975953. Edward Wiley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975954. Juan Fernando Chavez-Valencia, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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TUESDAY, OCTOBER 14, 1997 175 No. 975967. Terry Glasper, aka Virgin Mann, aka Roosevelt Porter, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975970. Samuel Lee Brintley, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975972. Jack Edward Stancell, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975973. Pedro Villa-Chaparro, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 975977. Gregory Freeman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 975979. Glenn Faircloth, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975981. John Gonzalez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 975982. Everado Celaya, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975984. Nelson Rosalio Correa, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 975988. Marvin Carnell Robinson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975990. Jason Johnson and Edward D. Collins, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 975991. Rodney Eugene Leak, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975997. Jimmy C. Bailey, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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176 TUESDAY, OCTOBER 14, 1997 No. 975999. Leon Griffin Cooper, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976003. Eric Taylor, aka Shug, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 976007. William Morgan, aka Anthony Milton Jackson, Peti- tioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976009. Gerald Mancus, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976011. Daniel Alfonso Reyes, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976014. Mark Anthony Chriestmon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976015. Marty R. Caban, Petitioner v. Wisconsin. Petition for writ of certiorari to the Supreme Court of Wisconsin denied. No. 976019. John Gilbert Freeman, Sr., Petitioner v. James Up- church, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 961824. Gary Lee, etc., et al., Petitioners v. Douglas F. Harcler- oad, et al. Motion of petitioners to defer consideration of the petition for certiorari denied. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 9759. Anthony De Meo, Petitioner v. Smith Barney, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit or petition for writ of mandamus denied. No. 9765. Robert H. Young, et al., Petitioners v. Federal Deposit Insurance Corporation, et al. Motion of petitioners to strike the brief in opposition of respondents denied. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 9795. UBC Southern Council of Industrial Workers, Local Union No. 2713, Petitioner v. Bruce Hardwood Floors. Motion of Na- tional Academy of Arbitrators for leave to file a brief as amicus curiae granted. Motion of American Arbitration Association for leave to file a brief as amicus curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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TUESDAY, OCTOBER 14, 1997 177 No. 97226. Gary E. Ackles, Petitioner v. Richard F. Luttrell, et al. Petition for writ of certiorari to the Supreme Court of Nebraska de- nied. Justice Breyer took no part in the consideration or decision of this petition. No. 97286. Maryland, Petitioner v. Bruce Lamont Dennis. Motion of respondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the Court of Appeals of Maryland denied. No. 97472. Bill Jones, Secretary of State of California, Petitioner v. Tom Bates, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit before judgment denied.

Habeas Corpus Denied

No. 975868. In Re Leslie Figueroa, Petitioner; and No. 975966. In Re Clifford A. Doyle, Petitioner. Petitions for writs of habeas corpus denied.

Mandamus Denied

No. 97253. In Re Thomas R. Hutchinson, Personal Representative of the Estate of Robert W. Hutchinson, Deceased, Petitioner; No. 975438. In Re Delmar Gowing, Petitioner; and No. 975725. In Re Harold Wapnick, Petitioner. Petitions for writs of mandamus denied. No. 975333. In Re Pauline Onyeagoro, Petitioner; and No. 975570. In Re Corine W. Cheves, Gerald Cheves, and Vincent Cheves, Petitioners. Petitions for writs of mandamus and/or prohibi- tion denied.

Rehearings Denied

No. 961750. Carolee A. Medico, Petitioner v. Charles P. Medico, et al.; No. 961810. Jean Rosenbaum, Petitioner v. Kurt Rosenbaum; and Jean Rosenbaum, Petitioner v. Kurt Rosenbaum; and No. 968674. Walter Mickens, Jr., Petitioner v. Virginia. Petitions for rehearing denied. No. 967981. Jack Dempsey Phillips, Petitioner v. Harry K. Single- tary, Jr., Secretary, Florida Department of Corrections. Motion for leave to file petition for rehearing denied.

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178 TUESDAY, OCTOBER 14, 1997 Attorney Discipline No. D1822. In the Matter of Disbarment of Gladys Maxine B. Cade. Disbarment order entered. No. D1825. In the Matter of Disbarment of John H. Hines, Jr. Dis- barment order entered. No. D1827. In the Matter of Disbarment of Richard C. Tallo. Dis- barment order entered. No. D1830. In the Matter of Disbarment of Arthur Gordon Haller. Disbarment order entered. No. D1836. In the Matter of Disbarment of Lawrence M. Zolot. Disbarment order entered. No. D1837. In the Matter of Disbarment of Anthony P. Quinn. Dis- barment order entered. No. D1838. In the Matter of Disbarment of Martin J. Crowley. Dis- barment order entered. No. D1856. In the Matter of Disbarment of William H. Proctor. William H. Proctor, of Baltimore, Maryland, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1857. In the Matter of Disbarment of Nelson Christensen. Nelson Christensen, of Seattle, Washington, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1858. In the Matter of Disbarment of Philip Irwin Aaron. Philip Irwin Aaron, of Syosset, New York, is suspended from the prac- tice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1859. In the Matter of Disbarment of Timothy James Bedell. Timothy James Bedell, of Flushing, New York, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

Recess Order The Court will take a recess from Monday, October 20, 1997, until Monday, November 3, 1997.

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TUESDAY, OCTOBER 14, 1997 179 Admissions to the Bar on Written Motions Applicant City and State Movant

Cherie Shellnutt Adams Kingsport, TN Richard M. Currie, Jr. Julie A. M. Ahern Boston, MA John E. Fenton, Jr. Michael Edward Anderson Washington, DC E. Sanderson Hoe Jackson Montgomery Louisville, KY Robert Cochran Andrews, IV Hobson Valentine Chukwuemeka Washington, DC Alexander Anyaibe Nnanna Agiliga Robert Anthony Houston, TX Fred A. Keys, Jr. Armbruster Stephen E. Arthur Indianapolis, IN Arthur J. Sullivan Nathaniel Bradbury Anchorage, AK Douglas Craig Atwood Perkins Roger Montrose Baeurle Washington, DC Michael A. Edwards Donald Joe Banks Panama City, FL Charles Simmons Isler, III Gonzalo Barr Miami, FL Howard Barwick Leilani Felicia Battiste Los Angeles, CA Breton Kneedler Lobner Kim Chapman Belin Willingboro, NJ Cynthia Jean Jahn Dwight W. Birdwell Oklahoma City, John B. Hayes OK Terry Russell Boesch Valparaiso, IN Ivan E. Bodensteiner Stephen Andrew Bogiages Boston, MA Thomas Michael Cloherty William C. Book Houston, TX David Hutchison Burrow George W. Brewster, Jr. San Diego, CA Miriam E. Brewster Allan Edward Ceran Los Angeles, CA John Phleger Pollock Nee Fong Chin Cincinnati, OH Sandra Shank Beckwith Judith Alane Colbert Tulsa, OK Leslie C. Rinn Boyd D. Cox Fayetteville, AR E. J. Ball J. Patrick Cremin Tulsa, OK Leslie C. Rinn

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180 TUESDAY, OCTOBER 14, 1997

Applicant City and State Movant Robert Paul Crowley Madison, ME Walter Darrell Phillips Jean Hartman Culp Moorestown, NJ Michael John Hogan Michael A. Curley New York, NY Carl R. Schenker, Jr. Andrea Dahlsten Florence, CO Douglas W. Curless Carl M. Davis, II Atlanta, GA Albert S. Anderson, III Whitney Aaron Davis Sacramento, CA Bruce E. Salenko C. Mark Donahoe Jackson, TN James F. Butler John W. Donahue Dayton, OH Robert B. Crew Dennis Paul Duffy Houston, TX Honorable Dale Earl Bosley Eugene R. Dumas Janesville, WI Keith R. Zehms Paul W. Edmondson Washington, DC David Armour Doheny Sharon K. Mollman Elliott Arlington, VA Richard Sheppard Arnold Stephen L. Eslinger South Bend, IN Philip E. Kalamaros Lynn Gitlin Fant Atlanta, GA Rise Weathersby Bryon W. Gross Rochester, NY Stephen Paul Maidman Frank M. Hagedorn Tulsa, OK Leslie C. Rinn Paul Gerard Hallinan Dayton, OH Charles J. Faruki Frank William Hallstrom Chapel Hill, NC Kenneth Brown Oettinger Kelly A. Hayden Chicago, IL Robert H. Ellch Sharon Ann Hwang Chicago, IL Gregory Joseph Vogler William N. Jenkins San Francisco, CA James M. Humes Janelle Carroll Johnson Laughlin, NV James Michael Stuart David L. Jones Evansville, IN F. Wesley Bowers Steven W. Kasten Boston, MA Gordon Thomas Walker William Conrad Riverside, CA W. Douglas Kari Katzenstein

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TUESDAY, OCTOBER 14, 1997 181

Applicant City and State Movant Peter C. Knight Boston, MA Richard William Jensen Robert Clayton Koski Decatur, GA George E. Butler, II Thomas R. Kraemer Dayton, OH Charles J. Faruki David Arthur Kubichek Casper, WY Fred Russell Disheroon Kenneth R. Logan New York, NY Joseph F. Tringali Marjorie E. Manning Sacramento, CA Clyde Maurice Blackmon Kenneth Paul McDaniel Corpus Christi, James Andrew TX McDaniel Zeyland Guy McKinney, Jr. Robbinsville, NC Jerry Morgan Townson Bryan Patrick Neal Dallas, TX Stephen F. Fink David L. O'Daniel Phoenix, AZ Donn G. Kessler Michael Rickard O'Neil Sacramento, CA Rickard T. O'Neil Anne-Marie Cooney Arlington, VA Angela Ely Pastorkovich Fitzgerald Sara Sopkin Prugh Tampa, FL Judge Bob Anderson Mitcham Richard J. Rojo Los Angeles, CA Joel Davis Meredith Martin Rountree South Hadley, MA James Elliot Lobsenz Jackson Roger Sharman, Birmingham, AL Warren Bricken III Lightfoot Edward Morris Slaughter Arkadelphia, AR William G. Wright Glen R. Stuart Philadelphia, PA Denis V. Brenan Paul Testaverde New York, NY Joel B. Rudin James Harvey Tipler Fort Walton Frank J. Tipler, Jr. Beach, FL Victoria L. Vreeland Seattle, WA Donald Stewart Cohen Keith M. Wallace Evansville, IN Paul J. Wallace Robin Sue Wink Alexandria, VA Carol Louise Hubbard Stanley Alan Zamel Los Angeles, CA Breton Kneeland Lobner

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182 TUESDAY, OCTOBER 14, 1997

Applicant City and State Movant Anthony R. Zelle Newton, MA Richard Michael Hagstrom

Admissions to the Bar on Oral Motions Applicant City and State Movant Laura Sue Nelson Washington, DC Francis John Lorson Kenneth Paul Kugler West Palm Beach, Francis John FL Lorson Jason Edward Carter Arlington, VA Harry R. Marshall, Jr. Dale Owen Harris Duluth, MN Scott Beitzen Jack Kurt Marcus Rylander Washington, DC Kenneth A. Martin

Oral Arguments No. 96188. General Electric Company, et al., Petitioners v. Robert K. Joiner, et ux. Argued by Mr. Steven R. Kuney for the petitioner, by Mr. Lawrence G. Wallace for the United States as amicus curiae, by special leave of the Court, and by Mr. Michael H. Gottesman for the respondents. No. 966839. Hugo Roman Almendarez-Torres, Petitioner v. United States. Argued by Mr. Peter M. Fleury for the petitioner and by Ms. Beth S. Brinkmann for the respondent. No. 96910. City of Chicago, et al., Petitioners v. International Col- lege of Surgeons, et al. Argued by Ms. Benna Ruth Solomon for the petitioners and by Mr. Richard J. Brennan for the respondents.

Adjourned until Wednesday, October 15, 1997, at 10 o'clock.

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(JOURNAL) WEDNESDAY, OCTOBER 15, 1997 183 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Admissions to the Bar on Oral Motions Applicant City and State Movant J. Kent Emison Lexington, MO Honorable Isaac N. Skelton, IV Robert L. Langdon Lexington, MO Honorable Isaac N. Skelton, IV Thomas E. Johnson, Jr. Tucson, AZ Gene Karp Joan Flynn Cleveland, OH Marian R. Fox Joseph Charles Adams York, PA William Robert Scullion Arthur J. Becker, Jr. York, PA William Robert Scullion Kurt A. Blake York, PA William Robert Scullion Susan A. Docktor York, PA William Robert Scullion Angela N. Dobrinoff-Blake York, PA William Robert Scullion Joseph Edward Erb, Jr. Hanover, PA William Robert Scullion Michael F. Fenton York, PA William Robert Scullion Douglas Paul France York, PA William Robert Scullion Wayne G. Gracey Hanover, PA William Robert Scullion Gregory Lawrence Hanover, PA William Robert Lensbower Scullion Tyann Lynne Miller Hanover, PA William Robert Scullion Richard Ricton Reilly York, PA William Robert Scullion Stanley Silver York, PA William Robert Scullion

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184 WEDNESDAY, OCTOBER 15, 1997 Oral Arguments No. 96653. Kenneth Lee Baker and Steven Robert Baker, by His Next Friend, Melissa Thomas, Petitioners v. General Motors Corpora- tion. Argued by Mr. Laurence H. Tribe for the petitioners and by Mr. Paul T. Cappuccio for the respondent. No. 96795. Allentown Mack Sales and Service, Inc., Petitioner v. National Labor Relations Board. Argued by Mr. Stephen D. Shawe for the petitioner and by Mr. Jonathan E. Nuechterlein for the respondent.

Adjourned until Monday, October 20, 1997, at 10 o'clock.

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(JOURNAL) MONDAY, OCTOBER 20, 1997 185 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Kennedy, Justice Souter, Justice Thomas, and Justice Ginsburg. The Chief Justice said: "Today's orders of the Court have been certified by The Chief Jus- tice, filed with the Clerk, and will not be announced orally."

Opinion Per Curiam No. 975370. Carson Lynn Brown, Petitioner v. R. Williams, et al. On motion of petitioner for leave to proceed in forma pauperis. Motion of petitioner for leave to proceed in forma pauperis denied. Rule 39.8. Petitioner is allowed until November 10, 1997 within which to pay the docketing fee required by this Court's Rule 38(a) and to submit his petition in compliance with Rule 33.1 of the Rules of this Court. Opin- ion per curiam. Dissenting statement by Justice Stevens.

Orders in Pending Cases No. M19. C. Michael Anderson, Petitioner v. Frank X. Hopkins, Warden. Motion to direct the Clerk to file a petition for writ of certio- rari out-of-time denied. No. M20. Peter Gonzalez, et al., Petitioners v. Brian J. Wing, Com- missioner, New York State Department of Social Services, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M21. Frederico Perez, Petitioner v. Bureau of Prisons, et al. Motion to direct the Clerk to file a petition for writ of certiorari out- of-time denied. No. 961037. Kiowa Tribe of Oklahoma, Petitioner v. Manufacturing Technologies, Inc. Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argu- ment granted. No. 968653. Kevin D. Gray, Petitioner v. Maryland. Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted. No. 961769. Ohio Adult Parole Authority, et al., Petitioners v. Eu- gene Woodard. Motion of respondent to substitute David H. Bodiker, Esquire, as appointed counsel granted.

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186 MONDAY, OCTOBER 20, 1997 No. 975666. Ruth Tschanz, Petitioner v. SweetwaterCounty School District Number One, et al. Motion ofpetitioner for leave to proceed in forma pauperis denied.Petitioner is allowed until November 10, 1997 within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court. No. 975850. Thomas A. Johnson, Petitioner v. Curt A. Oppel, et al. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner is allowed until November 10, 1997, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compli- ance with Rule 33.1 of the Rules of this Court. No. 975951. Linda Sanders, Petitioner v. Paul C. Behr, et ux. Appli- cation for stay addressed to Justice O'Connor and referred to the Court denied.

Certiorari Granted

No. 9716. Ohio Forestry Association, Inc., Petitioner v.Sierra Club, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit granted. No. 9742. Eastern Enterprises, Petitioner v. Kenneth S. Appel, Commissioner of Social Security, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit granted. No. 97147. Atlantic Mutual Insurance Company, Petitioner v. Com- missioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit granted. No. 968732. Vincent Edwards, Reynolds A. Wintersmith, Horace Joiner, Karl V. Fort, and Joseph Tidwell, Petitioners v. United States. Motion of petitioner for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit granted limited to Question 1 presented by the petition.

Certiorari Denied

No. 961982. Eleno Aguirre, Petitioner v. United States.Petition for writ of certiorari to the United States Courtof Appeals for the Tenth Circuit denied. No. 969441. Humberto Martin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

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MONDAY, OCTOBER 20, 1997 187 No. 969470. Miguel Aquino-Chacon, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 9775. Northeast Ohio Coalition for the Homeless, et al., Peti- tioners v. City of Cleveland. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97104. Katia Gutierrez de Martinez, et al., Petitioners v. Dirk A. Lamagno, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97109. Helen D. Gens, etc., Petitioner v. Federal Deposit Insur- ance Corporation. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 97112. Tax Analysts, Petitioner v. Department of Justice and West Publishing Company. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 97126. Jean G. Mattern, Petitioner v. Eastman Kodak Company, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. No. 97172. George Phillips and Philip Vitale, Petitioners v. Borough of Keyport, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 97280. Martha J. Williamson, et vir, Petitioners v. Liberty Na- tional Life Insurance Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97295. Nancy M. Smith, et vir, Petitioners v. Hartford Insur- ance Group, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 97310. Aaron David Weinberger, Administrator of the Estate of Jeremiah Benjamin Weinberger, Deceased, Petitioner v. Wisconsin, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. No. 97311. Gilbarco, Inc., Petitioner v. Octel Communications Corp. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 97312. David Cunningham, Petitioner v. Schlumberger Well Services. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97313. Stephen F. Guthmann, Administrator of the Estate of Ida Guthmann, Deceased, Petitioner v. Crouse Irving Memorial Hospi-

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188 MONDAY, OCTOBER 20, 1997 tal, et al. Petition for writ of certiorari to the Appellate Division, Su- preme Court of New York, Fourth Judicial Department, denied. No. 97318. Mary Amanda West, a Minor Child By and Through Her Parent and Next Friend, Rita Norris, Petitioner v. James Bradley Waymire, Officer, Frankton Police Department, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97319. Chez Sez VIII, Inc., ta United Video, et al., Petitioners v. Peter C. Verniero, Attorney General of New Jersey, et al. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. No. 97323. Ted Lapidus, Petitioner v. Avrom R. Vann, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97324. John Guido, et ux., dba East Side Floor and Wall, Peti- tioner v. City of Fairmont. Petition for writ of certiorari to the Circuit Court of West Virginia, Marion County, denied. No. 97327. Consumers Education and Protective Association, et al., Petitioners v. Pennsylvania Milk Marketing Board, et al. Petition for writ of certiorari to the Commonwealth Court of Pennsylvania denied. No. 97331. Baker Hughes Incorporated, et al., Petitioners v. Jim Arnold Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 97342. Angelina Anita Carreras, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Fourteenth District, denied. No. 97353. Liang-Houh Shieh, Petitioner v. Supreme Court of Cali- fornia, et al. Petition for writ of certiorari to the Supreme Court of California denied. No. 97384. Connie C. Reshard, et al., Petitioners v. Earl Britt, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97386. Polaris Insurance Company, Ltd., Petitioner v. Aqua- Marine Constructors, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97393. Frank J. Camoscio, Petitioner v. Robert A. Mulligan, Chief Justice, Superior Court of Massachusetts, et al. Petition for writ of certiorari to the Appeals Court of Massachusetts denied.

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MONDAY, OCTOBER 20, 1997 189 No. 97394. Betty Brown, et vir, Petitioners v. Uniroyal, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 97401. Practice Management Information Corporation, Peti- tioner v. American Medical Association. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97407. Tempo, Inc., dba Tempo West, Inc., Petitioner v. Togo West, Secretary of the Army. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 97413. Diamant Boart, Inc., Petitioner v. Joyce Martin, Individ- ually and as Personal Representative of the Estate of Harry O. Martin, Deceased. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97425. Wesley K. Bell, ta Wes Outdoor Advertising Co., Peti- tioner v. New Jersey Department of Environmental Protection. Peti- tion for writ of certiorari to the Superior Court of New Jersey, Appel- late Division, denied. No. 97431. Eric Lynn Self, Petitioner v. Auburn Steel Company, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97469. Stanley Platek, et al., Petitioners v. Duquesne Club. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 97473. Donald Gill, John M. Carlevale, Sr., and Robert F. Plante, etc., Petitioners v. Rhode Island, et al. Petition for writ of cer- tiorari to the United States Court of Appeals for the First Circuit denied. No. 97481. Kyle Shildmyer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97487. Steven Geraci, Steven Collara, and Chalmette Jewelry, Inc., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97493. Ronald Sherrill Wilkerson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97494. Richard B. Kiepfer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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190 MONDAY, OCTOBER 20, 1997 No. 97495. Bruce R. Black, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97497. Lynn Truman Crawford, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97507. George Edwin Bracket, Sr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97525. Eddie S. Castleberry, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975033. Anthony W. Barton, Petitioner v. Mark Norrod, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 975253. Lars Nelson Bornkessel, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975393. Walter Radvon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 975546. Christopher Todd Williams, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Okla- homa denied. No. 975621. Samuel E. Slagel, Petitioner v. Shell Petroleum, Inc., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. No. 975641. Charles L. Summers, Petitioner v. Ronald Champion, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 975642. Lou Ella Seymore, Petitioner v. Shawver & Sons, Inc., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied. No. 975645. Dell Maurice Gease, Petitioner v. Pennsylvania. Peti- tion for writ of certiorari to the Supreme Court of Pennsylvania, East- ern District, denied. No. 975647. Robert Garber, Petitioner v. Los Angeles Municipal Court. Petition for writ of certiorari to the Court of Appeal of Califor- nia, Second Appellate District, denied.

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MONDAY, OCTOBER 20, 1997 191 No. 975649. Richard Wise, Jr., Petitioner v. Fred McAninch, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 975650. Terry Dale Brewer, Petitioner v. Billy W. Compton, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 975656. Modesto Garcia, Petitioner v. Ohio; Dennis Calo, Peti- tioner v. Ohio; David J. White, Petitioner v. Ohio; Donald Richard, Peti- tioner v. Ohio; and Donald Richard, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied. No. 975657. James A. Norris, Jr., Petitioner v. Don H. Johnson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975660. Dale Dwayne Craig, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. No. 975668. John R. Copple, Petitioner v. Mechem Financial, Inc., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied. No. 975672. Ko Kam Kit, Petitioner v. Arizona. Petition for writ of certiorari to the Court of Appeals of Arizona, Division Two, denied. No. 975673. Qabail Hizbullahankhamon, Petitioner v. Glenn S. Goord, Commissioner, New York Department of Correctional Services, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied. No. 975676. Leamon L. Tatum, Petitioner v. Richard A. Lanham, Sr., Commissioner, Maryland Division of Correction, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975677. Lorenzo Arteaga, Petitioner v. United States Court of Appeals for the Ninth Circuit. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975678. David Lee Singleton, Petitioner v. Thurbert E. Baker, Attorney General of Georgia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975679. Mary Patrick, Petitioner v. Iowa. Petition for writ of certiorari to the Court of Appeals of Iowa denied. No. 975684. Thomas Lee Gudinas, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied.

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192 MONDAY, OCTOBER 20, 1997 No. 975685. Dwight B., Petitioner v. Jerri Lynn C. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. No. 975689. Donna Archer, Petitioner v. Valley Health Care Corpo- ration, etc. Petition for writ of certiorari to the Court of Appeal of California, Third Appellate District, denied. No. 975693. Jeffrey R. Mulberry, Petitioner v. Randy Henderson, Superintendent, Centennial Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 975694. Saradindu Mahapatra, Petitioner v. Onondaga County Department of Social Services, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975695. Harlem Harold Lewis, Jr., Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Fourteenth District, denied. No. 975696. Michael Ikelionwu, Petitioner v. Ray Burr, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 975697. Jean H. Smith, Petitioner v. Office of Personnel Man- agement. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 975698. Larry Blackwell, Petitioner v. Charles M. Condon, At- torney General of South Carolina, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975707. Antuan Bronshtein, Petitioner v. Pennsylvania. Peti- tion for writ of certiorari to the Supreme Court of Pennsylvania, East- ern District, denied. No. 975709. Thomas Lamb, Petitioner v. Patricia Lamb. Petition for writ of certiorari to the Supreme Court of Alaska denied. No. 975715. Frank Sacco, Petitioner v. New York, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 975735. Bernard Lane, Petitioner v. Donald T. Vaughn, Super- intendent, State Correctional Institution at Graterford, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

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MONDAY, OCTOBER 20, 1997 193 No. 975773. Barton Lee Murphy, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 975774. Juan M. Mendoza, Petitioner v. Jesse Brown, Secretary of Veterans Affairs. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 975777. Conrad Jules Braun, Petitioner v. D. Brook Bartlett, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 975799. Christopher Arends Russell, Petitioner v. Bennie Brig- man, Superintendent, Bladen County, North Carolina Correctional Unit, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975816. John E. Wolfgram, Petitioner v. Wells Fargo Bank, et al. Petition for writ of certiorari to the Court of Appeal of California, Third Appellate District, denied. No. 975847. Emma Brewster Barfield, Petitioner v. BellSouth Tele- communications, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975871. Kittrell Bernard Decator, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975873. George F. Gottschalk, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975879. Michael Hyde, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975889. Jeffrey S. Adkins, Petitioner v. Thomas W. Dixon, Jr., et al. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 975905. Reginald Hicks, Petitioner v. Workers' Compensation Appeals Board, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 975913. Ismail Sloan, Petitioner v. Charles E. Roberts, et al. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 975922. Winfield D. Speede, Petitioner v. Charles E. Thompson, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

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194 MONDAY, OCTOBER 20, 1997 No. 975924. Frank M. Perelman, Petitioner v. George M. Davila, et al.; and Frank M. Perelman, Petitioner v. George M. Davila, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975938. Carl Meny, Petitioner v. Larry Norris, Director, Arkan- sas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 975976. Jeffrey Gibson, Petitioner v. Togo West, Secretary of the Army. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 975986. Darrell L. Padgett, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975987. Samir Quarles, Petitioner v. Delaware. Petition for writ of certiorari to the Supreme Court of Delaware denied. No. 975998. Alfred Bottone, Jr., Petitioner v. United States; and No. 976016. Ralph Rivera, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 976001. Carlos E. Peake, Petitioner v. Ronald J. Angelone, Di- rector, Virginia Department of Corrections. Petition for writ of certio- rari to the United States Court of Appeals for the Fourth Circuit denied. No. 976002. Evans Vincent, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 976017. Nelson Oliver Duarte, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976021. Richard Paul Georges, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976022. Donald Bruce Gooden, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976023. Juan Francisco Flores-Mireles, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

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MONDAY, OCTOBER 20, 1997 195 No. 976028. Arthur A. Blumeyer, III, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976038. Clifford Theophilus Bogle, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 976039. Gloria Mendoza and Amalia Mendoza, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976040. John W. Martin, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976041. Antonio Blade Malanitini, Petitioner v. United States; No. 976052. Ryan Omar Wheaton, Petitioner v. United States; and No. 976084. Dorothy J. Gainey, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976042. John F. McKeown, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 976045. Juan Paul Robertson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976046. Jesse Owens, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 976047. Baudelio Portillo-Rodriguez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 976057. Herbert L. Bendolph, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976060. Ross Avon Sellman, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976066. Ted H. Westerfield, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

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196 MONDAY, OCTOBER 20, 1997 No. 976083. Kenneth Lamar Ellington, aka Kenneth Larimar Ellin- gton, aka Larimar Ellington, aka Kevin Lewis Ellington, aka Kenneth Larman Ellington, Petitioner v. United States. Petition for writ of cer- tiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied. No. 976085. Don Michael Hudson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976086. Mark Anthony Foy, aka Mark Anthony Green, Peti- tioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976090. Larry Broaden, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976091. Jesse Joe Alvarez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 976095. Bernardo Ramirez-Cruz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976096. Jesus Gutierrez Rivera, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976100. Duk Kyung Kim, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976102. Bill Ray McCounly, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976106. Charles Paul Hickman Verna, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976110. Danny White, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 976119. Eugene Joseph Mainville, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

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MONDAY, OCTOBER 20, 1997 197 No. 976120. Gary Lloyd Bruce, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976135. Teresa Byrd, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976138. David Carroll, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976143. Marta Morfa, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 976150. James Robert Casey, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976177. Gregory L. Latney, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 969187. Arthur Brown, Jr., Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. Opinion by Justice Stevens, with whom Justice Souter, Justice Gins- burg, and Justice Breyer join respecting denial of the petition for writ of certiorari. No. 9779. Sandra Overcash, Guardian Ad Litem, Petitioner v. Mr. Doe, et ux. Motion of Alliance for Rights of Children, et al., for leave to file a brief as amici curiae granted. Motion of respondents for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the Supreme Court of South Carolina denied. No. 9792. Richard P. Ieyoub, Attorney General of Louisiana, et al., Petitioners v. Causeway Medical Suite, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Fifth Circuit denied. Justice Scalia would grant the petition for writ of certiorari. No. 97135. Old Vail Partners, Petitioner v. County of Riverside, et al. Motion of National Association of Home Builders, et al., for leave to file a brief as amici curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97307. Osram Sylvania Products, Inc., Petitioner v. Charles T. Von Der Ahe and Chroma Lighting. Motion of American Petroleum Institute for leave to file a brief as amicus curiae granted. Motion of

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198 MONDAY, OCTOBER 20, 1997 Grocery Manufacturers of America, Inc., for leave to file a brief as amicus curiae granted. Motion of Hewlett-Packard Company and Com- paq Computer Corporation for leave to file a brief as amici curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975133. Elroy Preston, Petitioner v. Michael Bowersox, Super- intendent, Potosi Correctional Center. Motion of petitioner to strike respondent's brief in opposition denied. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

Mandamus Denied No. 976035. In Re Ernest F. Clark, Petitioner. Petition for writ of mandamus denied.

Rehearing Denied No. 961436. Roger J. De Wiest, Petitioner v. Jean-Luc Dehaene and Kingdom of Belgium. Motion of petitioner for leave to proceed further herein in forma pauperis granted. Motion for leave to file a petition for rehearing denied.

Attorney Discipline No. D1814. In the Matter of Disbarment of Liang-Houh Shieh. Dis- barment order entered. No. D1823. In the Matter of Disbarment of Michael Chapman Bal- dauff. Disbarment order entered. No. D1831. In the Matter of Disbarment of Richard Scott. Disbar- ment order entered. No. D1832. In the Matter of Disbarment of Ronald Alfred Welcker. Disbarment order entered. No. D1840. In the Matter of Ronald Bart Gilbert, Ronald Bart Gil- bert, of Miami, Florida, 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 the practice of law before this Court. The Rule to Show Cause, issued on September 29, 1997, is discharged. No. D1860. In the Matter of Disbarment of Charles W. Schoeneman. Charles W. Schoeneman, of Arlington, Virginia, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

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MONDAY, OCTOBER 20, 1997 199 No. D1861. In the Matter of Disbarment of Douglas Downes Wil- son. Douglas Downes Wilson, of Roanoke, Virginia, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1862. In the Matter of Disbarment of Joseph F. Manson, III. Joseph F. Manson, III, of Fairfax, Virginia, is suspended from the prac- tice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1863. In the Matter of Disbarment of Tim Futrell. Tim Fu- trell, of Cambridge, Massachusetts, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1864. In the Matter of Disbarment of Peter V. Solber. Peter V. Solber, of Chicago, Illinois, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1865. In the Matter of Disbarment of Saul R. Leibowitz. Saul R. Leibowitz, of Chicago, Illinois, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1866. In the Matter of Disbarment of Loren Lennis Heine- mann. Loren Lennis Heinemann, of Orland Park, Illinois, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

Admissions to the Bar on Written Motions Applicant City and State Movant Judith W. Berkan San Juan, PR John T. Belk, III Rhonda Sue Berliner-Gold E. Brunswick, NJ Joseph L. Yannotti Timothy J. Buckley, III Atlanta, GA Nickolas P. Chilivis John E. Carnes Gardiner, ME Thomas D. Warren Stewart W. Fisher Durham, NC Thomas Franklin Loflin, III

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200 MONDAY, OCTOBER 20, 1997

Applicant City and State Movant Matthew T. Fitzsimmons Cleveland, OH Frank D. Celebreeze Teresa A. Generous St. Louis, MO Norman W. Pressman Dennis A. Graham Denver, CO Richard Downing, Jr. Angela Newell Gray Greensboro, NC Thomas Hilton Johnson, Jr. Lawrence J. Harder Baltimore, MD Donald G. Kosin, Jr. Rufus C. Harris, III New Orleans, LA Jerry Leonard Saporito John C. Hart Dallas, TX Thomas Lawson Kelly, Jr. Robert G. Hays Lincoln, NE Michael D. Gooch William J. Heller Roseland, NJ Dean A. Gaver Denest Dwane Hyslip Fayetteville, AR Johnny Barry Baker Onnie Barnes Jacque Detroit, MI I. William Cohen Linne´a M. Johnson Sacramento, CA Bradley Allen Bristow Eileen P. Kelly Trenton, NJ Mary Carol Jacobson James Kevin Kenny Evanston, IL Henry Rose Todd Alexander Kissner Houston, TX David Hutchison Burrow Peter Anthony Koller Minneapolis, MN Michael Leonard Flanagan Susan Fleischner Kornspan West Palm Beach, Herbert Leonard FL Gildan Francis Randolph Lakel Tampa, FL Thomas Matthew Buchanan John Bradford Baton Rouge, LA Andre P. LaPlace Lambremont, Sr. Andrew Jay Lauer New York, NY Elias Lauer Lori Ellen Lesser New York, NY Henry Brande Gutman Christian A. Lodowski Annapolis, MD James T. Wharton Martin R. Lueck Minneapolis, MN Michael V. Ciresi Robert J. Marchand Fall River, MA Bruce A. Assad

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MONDAY, OCTOBER 20, 1997 201

Applicant City and State Movant Steven Dean Matthews Los Angeles, CA William Trigg Harter Marilyn Tallman McClure Charleston, WV David P. Cleek Daniel Allen McDaniel Stockton, CA Dante John Nomellini James J. McGair Providence, RI Hugh L. Moore, Jr. James Eugene Mixon Columia, LA Johnny Everett Dollar David P. Mucha Chicago, IL Joann C. Pelka Seymour L. Muskovitz Muskegon, MI William Carl Marietti James H. Parker, III Anchorage, AK R. Scott Taylor Michael G. Pellegrino Parsippany, NJ Shalom David Stone Edward Ralph Peterka Champaign, IL James Douglas Cottrell Marshall Todd Potashner New York, NY Herbert Dicker William Cassell Pulliam Charleston, WV Mark D. Moreland George Thomas Reeves Madison, FL Edwin B. Browning, Jr. Rebecca J. Roe Seattle, WA Michael C. Duggan Michael Ian Rott San Diego, CA Donald McCrath, II John Gregory Roveda Alameda, CA Gerard Carey Sterns Leslie Caryl Ruiter Atlanta, GA Robert Bruce Kennedy Michael H. Scarmon Spink, SD James G. Abourezk Scott Everett Schutzman Santa Ana, CA Michael A. Byrne Paul Wellings Shaw Boston, MA Thomas R. Kiley James A. Sheehan St. Petersburg, Mark R. Brown FL Marjorie Shelvy Los Angeles, CA Bruce Gen Iwasaki Edith M. Shine Washington, DC Neil Thomas Bradley Joy M. Soloway Houston, TX Reagan William Simpson John Neal Spivey Tallahassee, FL Jerri A. Blair

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202 MONDAY, OCTOBER 20, 1997

Applicant City and State Movant Thomas H. Stewart Cincinnati, OH Wm. T. Robinson, III Barbara E. Straub Washington, DC Ronald Nelson Sutter Jon B. Streeter San Francisco, CA John W. Keker Siobhan Michele Sweeney Boston, MA Harvey A. Schwartz Richard C. Tallman Seattle, WA Warren N. Eggleston Robert E. Thomas, Jr. Atlanta, GA Keith W. Kochler Martin Joseph Thompson, Austin, TX Nancy Ann Trease Jr. Richard David Walk, Jr. Philadelphia, PA Eric B. Henson Roger Edward Walker Riverside, CA Thomas Sterling Hudspeth Bernice Lillian Walker Cincinnati, OH Robert Edward Manley Jane Larmon White Boston, MA Brownlow M. Speer Patrick Charles Wilson Santa Rosa, CA Brien Joseph Farrell Debra A. Wilson Atlanta, GA David Howard Flint Mark J. Wittman Marshfield, WI George B. Goyke

Admissions to the Bar on Oral Motions Applicant City and State Movant Marcus Mauney Johns Washington, DC J. Brent Walker Marged Griffith Harris Hamilton, VA Geraldine S. Gardner William Scott McGeary Arlington, VA Henry Edward Hudson Sally J. Greenberg Washington, DC John M. Copacino Abbe Smith Washington, DC John M. Copacino Dan Weddington Holbrook Knoxville, TN Nicholas Donnell Ward Marshall Harold Peterson Knoxville, TN Nicholas Donnell Ward David Gespass Birmingham, AL Arthur Kinoy Kathleen Mary Johnson Birmingham, AL Arthur Kinoy

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MONDAY, OCTOBER 20, 1997 203

Applicant City and State Movant Geri Lynn Green San Francisco, CA Arthur Kinoy Paul D. Ramshaw Washington, DC Arthur Kinoy Mark Lewis Goldstone Bethesda, MD Arthur Kinoy Michael Maggio Washington, DC Arthur Kinoy Jessica Anne Pauline Holyoke, MA Arthur Kinoy Carrigan-Broda Carl Peter Erlinder St. Paul, MN Arthur Kinoy Kerry Elizabeth Doyle Chelmsford, MA Arthur Kinoy Barbara L. Kessler Ann Arbor, MI Arthur Kinoy Victor M. Goode New York, NY Arthur Kinoy K. Lee Peifer Albuquerque, NM Arthur Kinoy Eric D. Sirotkin Albuquerque, NM Arthur Kinoy Ellen P. Chapnick York, NY Arthur Kinoy Luis Jorge DeGraffe New York, NY Arthur Kinoy Patricia Dunn Flushing, NY Arthur Kinoy Jill Elijah Brooklyn, NY Arthur Kinoy Amy Ruth Tobol New Hyde Park, Arthur Kinoy NY Rosaria S. Vigorito Brooklyn, NY Arthur Kinoy Kathryn Boockvar Bethlehem, PA Arthur Kinoy Gloria M. Gilman Philadelphia, PA Arthur Kinoy Dora Rose Philadelphia, PA Arthur Kinoy Susan Schechter San Francisco, CA Arthur Kinoy Charles S. Hey-Maestre San Juan, PR Arthur Kinoy Michael Terence Washington, DC Arthur Kinoy Kirkpatrick Cora Denise Tekach Washington, DC Arthur Kinoy Jordan Berson Yeager Doylestown, PA Arthur Kinoy Lisa D. Sirkin New York, NY Arthur Kinoy Susan Douglas Taylor New York, NY Arthur Kinoy Timothy James Rabun Laguna Beach, CA Judge Berchmans Paul Cotter David Staats Wilmington, DE Judge Berchmans Paul Cotter Matthew J. Kovschak Lakeland, FL Judge Berchmans Paul Cotter Debra Jane Sutton Bartow, FL Judge Berchmans Paul Cotter Carol A. Wadowicz West Palm Beach, Judge Berchmans FL Paul Cotter

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204 MONDAY, OCTOBER 20, 1997

Applicant City and State Movant Howard M. Rubin Chicago, IL Judge Berchmans Paul Cotter Nancy E. P. Connelly Boston, MA Judge Berchmans Paul Cotter Tracy E. Palmer Boston, MA Judge Berchmans Paul Cotter Sue-Ellen Hantman Columbia, MD Judge Berchmans Paul Cotter Daniel A. Morris Omaha, NE Judge Berchmans Paul Cotter Maryann K. Bielamowicz Trenton, NJ Judge Berchmans Paul Cotter Martha Marlene Donovan Atlantic City, NJ Judge Berchmans Paul Cotter Barbara Lynn Feinberg Rockaway, NJ Judge Berchmans Paul Cotter Keith A. Langley Dallas, TX Judge Berchmans Paul Cotter Michael A. McConnell Fort Worth, TX Judge Berchmans Paul Cotter

Adjourned until Monday, November 3, 1997, at 10 o'clock.

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(JOURNAL) TUESDAY, OCTOBER 21, 1997 205 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Habeas Corpus Denied No. 976364. In Re Alan J. Bannister, Petitioner. Application for stay of execution of sentence of death presented to Justice Thomas and by him referred to the Court denied. Petition for writ of habeas corpus denied.

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(JOURNAL) TUESDAY, OCTOBER 28, 1997 207 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Certiorari Denied No. 976541. Kenneth R. Ransom, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Application for stay of execution of sentence of death presented to Justice Scalia and by him referred to the Court denied. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Stevens and Justice Ginsburg would grant the application for stay of execution.

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(JOURNAL) FRIDAY, OCTOBER 31, 1997 209 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Certiorari Granted No. 97174. Cass County, Minnesota, et al., Petitioners v. Leech Lake Band of Chippewa Indians. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit granted. No. 97372. United States, Petitioner v. United States Shoe Corpora- tion. Petition for writ of certiorari to the United States Court of Ap- peals for the Federal Circuit granted. No. 968986. Arnold F. Hohn, Petitioner v. United States. Motion of petitioner for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit granted limited to the following question: In light of the fact that the Court of Appeals denied the petitioner's request for a Certifi- cate of Appealability, does this Court have jurisdiction to grant certio- rari, vacate, and remand this case per the suggestion of the Acting Solicitor General? Jeffrey S. Sutton, Esquire, of Columbus, Ohio, a member of the Bar of this Court, is invited to brief and argue this case, as amicus curiae, against this Court's jurisdiction.

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(JOURNAL) MONDAY, NOVEMBER 3, 1997 211 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

The Chief Justice said: "Today's orders of the Court have been certified by The Chief Jus- tice, filed with the Clerk, and will not be announced orally."

Certiorari-Summary Disposition

No. 961430. United States, Petitioner v. Patrick J. Schleibaum. On petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit. Motion of respondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari granted. Judg- ment vacated, and case remanded to the United States Court of Ap- peals for the Tenth Circuit for further consideration in light of Johnson v. United States, 520 U. S. (1997).

Orders in Pending Cases

No. A269. In Re Simon Banks, Applicant. Application for stay ad- dressed to Justice Breyer and referred to the Court denied. No. M22. Robert H. Hedges, Petitioner v. Janet L. Stumbo, et al. Motion to direct the Clerk to file a petition for writ of certiorari out- of-time denied. No. M23. In Re John Doe, Petitioner. Motion for leave to file a petition for writ of certiorari under seal denied. No. 96679. Piscataway Township Board of Education, Petitioner v. Sharon Taxman. Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argu- ment granted. No. 96827. Leonard Rollon Crawford-El, Petitioner v. Patricia Brit- ton. Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted. No. 961578. Thomas R. Phillips, et al., Petitioners v. Washington Legal Foundation, et al. Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted.

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212 MONDAY, NOVEMBER 3, 1997 No. 961400. California and State Lands Commission, Petitioners v. Deep Sea Research, Inc., et al. Motion of the Acting Solicitor General for divided argument granted, and time for oral argument allotted as follows: petitioners-25 minutes; respondent Deep Sea Research, Inc.-25 minutes; and the Acting Solicitor General-10 minutes. Mo- tion of Columbus-America Discovery Group, et al., for leave to partici- pate in oral argument as amici curiae denied. No. 968516. Kenneth Eugene Bousley, Petitioner v. Joseph M. Brooks, Warden. Motion for appointment of counsel granted, and it is ordered that L. Marshall Smith, Esquire, of St. Paul, Minnesota, is appointed to serve as counsel for petitioner in this case. No. 97215. Arthur Calderon, Warden, Petitioner v. Thomas Thomp- son. Motion of respondent for leave to proceed further herein in forma pauperis granted. No. 97475. El Al Israel Airlines, Ltd., Petitioner v. Tsui Yuan Tseng. The Solicitor General is invited to file a brief in this case ex- pressing the views of the United States. No. 975748. Mark Andrew Larson, Petitioner v. Karin Sofia Oh- lander. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner is allowed until November 24, 1997, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.

Certiorari Denied

No. 961839. Quentin T. Wiles, Petitioner v. United States; and No. 968626. Patrick J. Schleibaum, Petitioner v. United States. Pe- titions for writs of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 962041. Dorothy Boyd, et al., Petitioners v. Carol M. Browner, Administrator, Environmental Protection Agency, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 962045. David A. Sosne, Petitioner v. Reinert & Duree, et al; andNo. 977. Reinert & Duree, et al., Petitioners v. David A. Sosne, Bankruptcy Trustee for Just Brakes Corporate Systems, Inc. Petitions for writs of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

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MONDAY, NOVEMBER 3, 1997 213 No. 962054. East Columbia Basin Irrigation District, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 969542. Ronald Gibson, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern Dis- trict, denied. No. 969547. Leamon White, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. No. 97133. David Charles Zimomra, etc., Petitioner v. Alamo Rent- ACar, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 97137. Tom Anderson, Petitioner v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97141. Dennis W. Riggs, Petitioner v. Doctor's Associates, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97145. Emily Distajo, et al., Petitioners v. Doctor's Associates, Inc.; and No. 97146. Emily Distajo, et al., Petitioners v. Doctor's Associates, Inc. Petitions for writs of certiorari to the United States Court of Ap- peals for the Second Circuit denied. No. 97163. Tommy L. Swanson, Petitioner v. General Services Ad- ministration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97170. Ross Brothers Construction Company, Petitioner v. Na- tional Labor Relations Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97180. Robert L. Barr, Sr., et ux., Petitioners v. Anne Arundel Medical Center and Rosemary Lethbridge. Petition for writ of certio- rari to the United States Court of Appeals for the Fourth Circuit denied. No. 97185. New Breed Leasing Corporation, Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97186. Vern T. Weiss, et al., Petitioners v. Alaska, et al. Petition for writ of certiorari to the Supreme Court of Alaska denied.

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214 MONDAY, NOVEMBER 3, 1997 No. 97189. MobileTel, Inc., Petitioner v. Federal Communications Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 97208. National Academy of Sciences, Petitioner v. Animal Legal Defense Fund, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 97235. Leech Lake Band of Chippewa Indians, Petitioner v. Cass County, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97265. Martin O. Gjerde, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97317. Carl T. C. Gutierrez, etc., et al., Petitioners v. Guam Society of Obstetricians and Gynecologists, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97322. Karen F. Alexander, Petitioner v. Christine Todd Whit- man, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 97334. Charles G. Milden, et ux., Petitioners v. James J. Joseph, Trustee. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97341. Joyce Oldfather, etc., et al., Petitioners v. CIGNA Insur- ance Company, fka INA Underwriters Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97344. John Wilson, Petitioner v. Washington, Darrell Hamil- ton, Katy Williams, David Watson, and John Reynolds. Petition for writ of certiorari to the Court of Appeals of Washington, Division 2, denied. No. 97347. Robert G. Kaucky, etc., Petitioner v. Southwest Airlines Company, etc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97349. A. David Silver, Petitioner v. Lincoln National Life In- surance Company, etc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97350. Taiwo Okusami, Petitioner v. Psychiatric Institute of Washington, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

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MONDAY, NOVEMBER 3, 1997 215 No. 97356. Charles E. Nicholson and John W. Smith, Petitioners v. World Business Network, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97358. George K. Price and Harry L. Schuman, Petitioners v. FCC National Bank. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 97360. United States Surgical Corporation, Petitioner v. Eth- icon, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 97362. M. Drew Brown, et ux., etc., Petitioners v. American Motorists Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 97364. Raymond Vincent Nidds, Petitioner v. Schindler Eleva- tor Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97366. Johanna F. McGahren, Personal Representative of the Estate of Francis J. McGahren, Petitioner v. First Citizens Bank & Trust Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97368. Willis Hope White, Petitioner v. Provident Life & Acci- dent Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97374. Ernesto D. Sigmon, et al., Petitioners v. Southwest Air- lines Co. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97379. Ali Darakshan, et ux., and Reza Valiyee, Petitioners v. City of Berkeley, et al. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied. No. 97380. John C. Bestrom, Petitioner v. Bankers Trust Company, etc. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied. No. 97383. Woody Voinche, Petitioner v. Federal Bureau of Investi- gation. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 97389. John Smiley, Petitioner v. Kentucky. Petition for writ of certiorari to the Circuit Court of Kentucky, Hardin County, denied. No. 97390. Howard Morten Harris, Petitioner v. Diane L. Jensen and Bankers Trust Company. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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216 MONDAY, NOVEMBER 3, 1997 No. 97396. Joe E. Edwards, Petitioner v. Arkansas. Petition for writ of certiorari to the Supreme Court of Arkansas denied. No. 97397. Richard Anthony Rinella, Petitioner v. Mary Robinson, Administrator, Attorney Registration and Disciplinary Commission, Supreme Court of Illinois. Petition for writ of certiorari to the Su- preme Court of Illinois denied. No. 97398. Beverly R. Forgione, Petitioner v. Commercial Credit Corporation. Petition for writ of certiorari to the Appellate Court of Connecticut denied. No. 97408. Patent Office Professional Association, Petitioner v. Fed- eral Labor Relations Authority. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 97418. Advance Reproduction Company, Inc., Petitioner v. United States and General Services Administration. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Cir- cuit denied. No. 97420. J. E. Merit Constructors, Inc., Petitioner v. John L. Davis. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97422. Benjamin M. Anderson, Petitioner v. Samuel W. Panos, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. No. 97432. Robert S. Heimann, Petitioner v. Department of Agri- culture. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97434. In Re David L. Smith, Petitioner. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 97437. Betty Spahn, Guardian of Edna M. Folz, Petitioner v. Mark Wittman, Guardian ad Litem for Edna M. Folz, and Howard B. Eisenberg. Petition for writ of certiorari to the Supreme Court of Wis- consin denied. No. 97441. Barry L. Smith, Administrator of the Estate of Glen C. Smith, Deceased, et al., Petitioners v. Hartford Accident and Indemnity Company, et al. Petition for writ of certiorari to the Supreme Court of Kansas denied. No. 97447. Faye M. Martin, Petitioner v. City of New York, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

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MONDAY, NOVEMBER 3, 1997 217 No. 97452. Edwin DeJesus, Petitioner v. John R. Stepanik, Superin- tendent, State Correctional Institution at Dallas, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 97457. Rolland Weddell, Petitioner v. Bruce I. Hochman, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97470. Walter F. Biggins, Petitioner v. Hazen Paper Company, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the First Circuit denied. No. 97477. Raymond M. Michalowski, Petitioner v. New Jersey De- partment of Labor, Board of Review. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. No. 97480. Kevin T. Root and Dale E. Anstine, Petitioners v. Boll- man Hat Company, Sponsor of the Bollman Hat Company Health and Welfare Benefits Plan. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 97483. Jack Cross, Petitioner v. Luther Nichols, Mark Henk- haus, James E. Nugent, John Sharp, and Kent Hance. Petition for writ of certiorari to the Court of Appeals of Texas, Second District, denied. No. 97490. James B. Curasi, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97496. Adams Ford Belton, Inc., Petitioner v. Missouri Motor Vehicle Commission, et al. Petition for writ of certiorari to the Su- preme Court of Missouri denied. No. 97500. Richard Zelma, on Behalf of Shawne L. for the Appoint- ment of a Guardian Ad Litem, Petitioner v. Donna McLeod, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97506. Charles D. Ulrich, Petitioner v. St. Paul Ramsey Hospi- tal, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97509. Susan Cerwinski, Petitioner v. Insurance Services Of- fice, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97513. Arthur Fry, Petitioner v. Allergan Medical Optics. Peti- tion for writ of certiorari to the Supreme Court of Rhode Island denied.

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218 MONDAY, NOVEMBER 3, 1997 No. 97517. John R. Haeger, Jr., Petitioner v. Wonda Edmond, etc., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. No. 97519. Ueon C. Bak, Petitioner v. Marvin T. Runyon, Postmas- ter General. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97531. Aviateca, S. A., Petitioner v. Raul Palacios Roman, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97534. Lawyer Wheeler, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97538. Cal Terhune, Director, California Department of Correc- tions, Petitioner v. Joseph McBath. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97555. Catherine Sears, Petitioner v. Massachusetts Board of Registration of Chiropractors. Petition for writ of certiorari to the Su- preme Judicial Court of Massachusetts denied. No. 97558. Doris L. Napoleon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Armed Forces denied. No. 97571. Gus Peter Glenos, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97579. Resort Properties, Inc., Petitioner v. Gerard P. Miseran- dino, et ux. Petition for writ of certiorari to the Court of Appeals of Maryland denied. No. 97589. Aarif Dahod, aka Aarid Mansur Dahodwala, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97593. Jesse F. Bowers, Petitioner v. Missouri State Employ- ees' Retirement System Board of Trustees. Petition for writ of certio- rari to the United States Court of Appeals for the Eighth Circuit denied. No. 975038. Christopher Simmons, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. No. 975176. William J. Bradley, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Scioto County, denied.

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MONDAY, NOVEMBER 3, 1997 219 No. 975378. Michael Dean Bush, Petitioner v. Tennessee. Petition for writ of certiorari to the Supreme Court of Tennessee, Eastern Divi- sion, denied. No. 975404. Ashley Jones, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. No. 975446. Joel Elizabeth Riddle, Petitioner v. BellSouth Business Systems. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975475. Ming You, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975528. Mark Alan Bradford, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. No. 975691. Keith A. Smith, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. No. 975713. Kitrich Powell, Petitioner v. Nevada. Petition for writ of certiorari to the Supreme Court of Nevada denied. No. 975714. Johnny Smith, Petitioner v. Jerry Gilmore, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 975716. Glen Calvin James, Petitioner v. Ruben C. Delgado, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975717. Sherman H. Skolnick, Petitioner v. Richard P. Doria, Sheriff, DuPage County, Illinois, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 975720. C. Edward Moore, Petitioner v. Rocky Fennema, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975721. James Lawrence Smith, Petitioner v. Committee of the Supreme Court of South Carolina on Character and Fitness. Petition for writ of certiorari to the Supreme Court of South Carolina denied. No. 975728. Graciela C. Cortez, Petitioner v. Merit Systems Protec- tion Board. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 975729. Aaron Donell Love, Petitioner v. Larry Norris, Direc- tor, Arkansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

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220 MONDAY, NOVEMBER 3, 1997 No. 975746. Gary Lee Roll, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. No. 975755. Lewis A. Griffin, Petitioner v. Andrew Jackson, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 975759. Darron Edwards, Petitioner v. Kansas. Petition for writ of certiorari to the Supreme Court of Kansas denied. No. 975762. Shelby Harris, Petitioner v. J. D. Kaver, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 975765. Richard Schirner, et ux., Petitioners v. Wicomico County Planning and Zoning Commission, et al. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied. No. 975767. Robert N. Anderson, Jr., Petitioner v. Southern Steve- doring Company, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975771. Guy Johns, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 975778. William Lovett, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Third Dis- trict, denied. No. 975781. Terry Sullivan, Petitioner v. Colorado. Petition for writ of certiorari to the Court of Appeals of Colorado denied. No. 975782. Marshall Jackson, Petitioner v. Jack Duckworth, Super- intendent, Indiana State Reformatory. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 975788. A. B. R., Petitioner v. Vermont Department of Social and Rehabilitation Services. Petition for writ of certiorari to the Su- preme Court of Vermont denied. No. 975790. Karl P. J. Volosin, Petitioner v. Construction Contrac- tors Board, et al. Petition for writ of certiorari to the Court of Appeals of Oregon denied. No. 975797. Troy Chapman, Petitioner v. Robert LeCureux, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 975807. Ronald C. Calhoun, Petitioner v. Ball Corporation. Pe- tition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

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MONDAY, NOVEMBER 3, 1997 221 No. 975818. Joseph Cerato, Petitioner v. Willis E. Morton, Adminis- trator, New Jersey State Prison, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 975819. Jeffrey Gerard Jones, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. No. 975825. John Dolenc, Petitioner v. District Attorney of Alle- gheny County, Pennsylvania, et al. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Western District, denied. No. 975827. Rene Florencio Fernandez, Petitioner v. Michigan. Pe- tition for writ of certiorari to the Court of Appeals of Michigan denied. No. 975830. Oscar Guillen, Sr., Petitioner v. Craig A. Hanks, Super- intendent, Wabash Valley Correctional Facility. Petition for writ of cer- tiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 975831. Marva Hudson, Petitioner v. Consumer Power Com- pany. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 975832. Richard Fabian, Petitioner v. Metropolitan Dade County, Florida, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975833. Eva L. Hart, Petitioner v. Congress of the United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975837. James Lockhart, Petitioner v. United States District Court for the Western District of Washington. Petition for writ of cer- tiorari to the United States Court of Appeals for the Federal Circuit denied. No. 975838. Maxine R. Nischan, Petitioner v. Connecticut Natural Food Market, Inc. Petition for writ of certiorari to the Appellate Court of Connecticut denied. No. 975839. Ronald Long, Petitioner v. Willis E. Morton, Adminis- trator, New Jersey State Prison, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 975840. Charles William Levy, Petitioner v. Fairfax County, Virginia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975841. Evelyn Jackson, Petitioner v. Johnnie Johnson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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222 MONDAY, NOVEMBER 3, 1997 No. 975843. John M. Vrettos, Petitioner v. John J. Callahan, Acting Commissioner of Social Security. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 975844. Woodrow Wollesen, Petitioner v. Ana Maria Sacasa. Petition for writ of certiorari to the Court of Special Appeals of Mary- land denied. No. 975848. William Kelly Brown, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975853. James Smith, Petitioner v. Serva-Portion, Inc. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 975856. Raymond W. Aswegan, Petitioner v. John Emmett. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 975860. Michael Williams, et ux., Petitioners v. Elliot W. Stone, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied. No. 975863. Joseph Bujan, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied. No. 975866. Robert Leroy Bryan, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. No. 975869. Che Usef Fletcher, Petitioner v. North Carolina. Peti- tion for writ of certiorari to the Court of Appeals of North Carolina denied. No. 975881. Gerardo Clase-Espinal, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 975890. Everett Bell, Jr., Petitioner v. Michigan. Petition for writ of certiorari to the Court of Appeals of Michigan denied. No. 975894. Ralphael Okoro, Petitioner v. Thomas F. Strubbe and Unknown Pro Se Clerk. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 975908. James F. Love, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Hamilton County, denied. No. 975910. Todd Chaney, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Fourth Judicial Department, denied.

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MONDAY, NOVEMBER 3, 1997 223 No. 975915. Russell Francis Stenger, Petitioner v. Tana Wood, Superintendent, Washington State Penitentiary, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Cir- cuit denied. No. 975939. Raymond Jackson, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 975943. James Wyman Smith, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. No. 975944. Pat Hayes, Petitioner v. Correction Management Affil- iates, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 975947. Douglas S. Swift, II, Petitioner v. Joseph F. Mazurkie- wicz, Superintendent, State Correctional Institution at Rockview. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 975950. M. G. Anonymous, Petitioner v. Immigration and Natu- ralization Service. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 975996. Regan Jackson, Petitioner v. David H. Larkins, Super- intendent, State Correctional Institution at Dallas, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976004. Virginia A. Twenter, Petitioner v. Missouri. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976006. David K. Johnston, Petitioner v. Ben Varner, Superin- tendent, State Correctional Institution at Greene, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976008. Scott Lee Mickelsen, Petitioner v. Jerry D. Reynolds. Petition for writ of certiorari to the Court of Appeals of Idaho denied. No. 976012. Crisanto v. Soria, Petitioner v. Jesse Brown, Secretary of Veterans Affairs. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 976013. Richard K. Wells, Petitioner v. Securities and Ex- change Commission. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

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224 MONDAY, NOVEMBER 3, 1997 No. 976018. Lydia Diaz-Cruz, Petitioner v. Board of Review. Peti- tion for writ of certiorari to the Superior Court of New Jersey, Appel- late Division, denied. No. 976020. Curtis DeKeyser, Petitioner v. David H. Larkins, Superintendent, State Correctional Institution at Dallas, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976024. Michael Smith, Petitioner v. Gilbert Casellas, Chair- man, Equal Employment Opportunity Commission. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 976026. Robert Lamar Allen, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Fourteenth Dis- trict, denied. No. 976034. Coy E. Bailey, Jr., Petitioner v. Robert Snyder, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976037. Derek Anderson, Petitioner v. David R. McKune, War- den. Petition for writ of certiorari to the Court of Appeals of Kansas denied. No. 976061. James Grant Satterfield, Petitioner v. United States; andNo. 976094. Herbert A. Sheppard, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976067. Andrew Joddie Williams, Petitioner v. Chrysler Corpo- ration. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 976070. James Connelly, Petitioner v. Borough of Forest Hills, Pennsylvania. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976073. Lisa Andrews, Petitioner v. Los Angeles County De- partment of Children and Family Services. Petition for writ of certio- rari to the Court of Appeal of California, Second Appellate District, denied. No. 976075. Lexie Little Carter, III, Petitioner v. Donald Vaughn, Superintendent, State Correctional Institution at Graterford. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

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MONDAY, NOVEMBER 3, 1997 225 No. 976079. Paul A. Frenzel, Petitioner v. Wyoming. Petition for writ of certiorari to the Supreme Court of Wyoming denied. No. 976089. James Franklin Brown, Petitioner v. Judy Uphoff, Di- rector, Wyoming Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 976103. Earl F. Mink, Petitioner v. General Motors Corpora- tion. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 976105. Peter L. Hochstein, Petitioner v. Frank X. Hopkins, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976116. Kerry Shea Price, Petitioner v. J. F. Mazurkiewicz, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976137. Deron D. Brown, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 976139. Suarawu Adewusi, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976142. Loren Scherping, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976152. Gregory O. Mays, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976153. Joseph N. Mecca, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976154. Kenneth Comeaux, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976155. Nelson Hines and Shawn Fenner, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976159. Willie Ray Evans, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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226 MONDAY, NOVEMBER 3, 1997 No. 976160. Shirlie Greene, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 976161. Orestes Rodriguez, Petitioner v. Lawton Chiles, Gover- nor of Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, First District, denied. No. 976163. Antone R. White, Dan R. Hutchinson, and Ronald R. Hughes, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 976164. Steven B. Tencer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976167. Charles Anthony Brown and William Lee Harper, Peti- tioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976168. Charles Baldwin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 976171. James L. Wild, Petitioner v. Tom L. Wooten, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976174. Paul Swint, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976175. Anthony Richardson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976176. Todd K. Shideler, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976180. Armando Godinez, aka Perico, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976183. Sergio Hernandez-Flores, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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MONDAY, NOVEMBER 3, 1997 227 No. 976184. Eric A. Hicks, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 976185. Larry Keith Pfeil, Peititioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 976187. Juan Manuel Ortiz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 976188. Willie Berry Hudson, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976190. Walter Statonel, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976196. Austin Hillman Marks, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976198. Charles Henry Most, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976199. Greg Scott Nelson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976201. Bryan Lee Killingsworth, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 976202. Leonel Mendoza, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 976205. Michael J. Stallings, Petitioner v. Paul K. Delo, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976211. Lamar McCrory, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976219. Jerry W. Watson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

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228 MONDAY, NOVEMBER 3, 1997 No. 976221. Raymond T. Lurz, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976222. John McFarland, aka as Buggy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976225. Duala Chappell and James Anthony Walker, Petition- ers v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976226. Donald Martel Walker, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976227. Theresa Varsamas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976228. Kenneth L. Thompson, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 976232. James Arthur Taylor, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976242. Fredrick Quran Brown, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976245. Daniel Patrick Gainey, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976249. Ronald Earl Clay, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 976254. Ismael Armendariz-Amaya, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 976258. Elva Lamas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 976266. Jennylind Ash, et vir, Petitioners v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

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MONDAY, NOVEMBER 3, 1997 229 No. 976268. Randall Moreland, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976269. Jorge Ramos Gonzalez, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 976275. Hector Guerrero-Martinez, aka Hector Guerrero, aka Hector Martinez-Guerrero, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976293. Jose Manuel Rodriguez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 976294. Eddie Lee Glenn, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976296. Anthony Gaines, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 976309. Arnold G. Wiedmer, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976325. David S. Frederick, Petitioner v. Wisconsin. Petition for writ of certiorari to the Court of Appeals of Wisconsin, District III, denied. No. 9727. Commonwealth Secretary of Virginia, Petitioner v. Ge- rard Miserandino, et ux. Motion of Virginia Creditors Bar Association for leave to file a brief as amicus curiae granted. Motion of Virginia Credit Union League for leave to file a brief as amicus curiae granted. Petition for writ of certiorari to the Court of Appeals of Maryland denied. No. 97337. Genentech, Inc., Petitioner v. Novo Nordisk A/S, et al. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition. No. 97369. Coalition For Economic Equity, et al., Petitioners v. Pete Wilson, Governor of California, et al. Motion of California National Organization for Women and Blacks in Government for leave to file a brief as amici curiae granted. Motion of Human Rights Advocates for

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230 MONDAY, NOVEMBER 3, 1997 leave to file a brief as amicus curiae granted. Petition for writ of cer- tiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97376. Warren Publishing, Inc., Petitioner v. Microdos Data Corp., et al. Motion of Information Industry Association for leave to file a brief as amicus curiae granted. Motion of Newsletter Publishers Association, et al., for leave to file a brief as amici curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

Habeas Corpus Denied No. 976284. In Re Felton Woods, Petitioner. Petition for writ of habeas corpus denied.

Mandamus Denied No. 975758. In Re Robert Fuentes, Petitioner; and No. 975854. In Re Okey Garry Okpala, Petitioner. Petitions for writs of mandamus denied. No. 975811. In Re Wayne Morris Reeves, Jr., Petitioner. Petition for writ of mandamus and/or prohibition denied.

Prohibition Denied No. 975806. In Re Harold L. Washington, Petitioner. Petition for writ of prohibition denied.

Attorney Discipline No. D1821. In the Matter of Disbarment of Anis Ahmad Siddiqi. Disbarment order entered. No. D1833. In the Matter of Disbarment of Harris A. Tobin. Disbar- ment order entered. No. D1843. In the Matter of Lawrence Stanley Tuccori. Lawrence Stanley Tuccori, of Fresno, California, 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 the practice of law before this Court. The Rule to Show Cause, issued on September 29, 1997, is discharged. No. D1867. In the Matter of Disbarment of Stanley B. Mann. Stan- ley B. Mann, of Encino, California, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days,

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MONDAY, NOVEMBER 3, 1997 231 requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1868. In the Matter of Disbarment of Karl L. Kenyon. Karl L. Kenyon, of Anderson, South Carolina, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1869. In the Matter of Disbarment of Henry Mathew Stein- berg. Henry Mathew Steinberg, of San Francisco, California, is sus- pended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

Admissions to the Bar on Written Motions Applicant City and State Movant David Adida Los Angeles, CA Eric C. Sawyer Rebecca J. Anthony Birmingham, AL Brian M. Clark Elizabeth Mary Arndorfer Washington, DC Marcy J. Wilder Samuel Robert Bagenstos Washington, DC Honorable Ruth Bader Ginsburg, Associate Justice of the Supreme Court Richard Baker, Jr. Knoxville, TN Sidney Wythe Gilreath Preeta D. Bansal New York, NY Robert D. Sack Joanne Marie Barbera Kansas City, MO James E. Cooling David C. Beck Washington, DC Ronald Nelson Sutter Maria Dawn Beckman New York, NY Leonard N. Flamm William E. von Behren Los Angeles, CA David R. Eichten Daniel Micah Berman Kensington, MD Steuart Hill Thomsen Carol Brown Biermeier Madison, WI Bruce R. Greene Brian B. Bolton Maitland, FL James M. Hess Joseph M. Borsberry Wyoming, IL Richard H. Parsons George Galen Braddy Greenville, NC Leslie S. Robinson

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232 MONDAY, NOVEMBER 3, 1997

Applicant City and State Movant Caroline Montrose Brown Washington, DC Francis Cabell Brown, Jr. Joseph Paul Justice Burke, Wilkes-Barre, PA Jerome G. III Dunham Dmitrc Ian Burnes Alexandria, LA Richard Varion Burnes Kaye G. Burson Memphis, TN Roger Keith Rutledge D. B. Carron Chicago, IL Patrick A. Keenan Errlinda M. Castillo Corpus Christi, James Dennis TX Rosenkild Paula Lee Colman St. Louis, MO Jason Moore Rugo John W. Crone, III Hickory, NC James Melford Gaither, Jr. Nathan Joseph Diament New York, NY Richard Berenson Stone Fred S. Disselkoen, Jr. Ormond Beach, Charles Tindell FL Robert E. Dolan New York, NY Thomas S. Berg Joelle M. Drucker Beverly Hills, CA Reeve E. Chudd Michael William Dubus Atlanta, GA Weyman T. Johnson, Jr. Susan Bronstein Dunleavy Albuquerque, NM Ann Steinmetz Mark M. Elliott White Plains, NY Jiro Murase James L. Epperson Savannah, GA L. Joel Chastain Martin Jefferson Euchler Virginia Beach, Neil Curtis VA Bonney Ronnie Kyle Eudy Austin, TX Broadus A. Spivey Daniel W. Evans Omaha, NE Bradley S. Waterman M. Flynn Feeney Colorado Springs, John Barton CO Ciccolella Gary Scott Feinerman Chicago, IL Honorable Anthony M. Kennedy, Associate Justice of the Supreme Court Nancy Leavitt Fineman Burlingame, CA Joseph W. Cotchett

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MONDAY, NOVEMBER 3, 1997 233

Applicant City and State Movant B. Stephan Finkel Trenton, NJ Jane Grall Louis M. Freeman New York, NY John D. B. Lewis Stanley A. Freeman Washington, DC Ronald Nelson Sutter Judith L. French Columbus, OH Betty D. Montgomery Robert E. Fricker Wauwatosa, WI Thomas A. Bailey Donald Wayne Garner Cobden, IL Edward James Kionka Loretta M. Gastwirth Mineola, NY Arnold Spencer Klein Jacqueline Gayner New York, NY Richard Elliot Mischel Michael L. Goldman East Rockaway, Alvin H. Broome NY Bonnie Lee Goldstein Dallas, TX James H. Baumgartner, Jr. David H. Goodwin Los Angeles, CA Mark Dennis Lenenberg Lawrence B. Gutcho Los Angeles, CA Jeffrey Mark Loeb Michael Handwerker New York, NY Richard Elliot Mischel Thomas E. Hattersley, III Helena, MT Ward Anthony Shanahan Kenneth C. Hebert Orlando, FL Jody M. Litchford Ronald Daniel Hedding Encino, CA James E. Blatt Alexandra Krueger Hedrick Jacksonville, FL Dana G. Bradford, II Carl Nolan Henry Los Angeles, CA Robert S. Henry Sean Bennett Hoar Eugene, OR Leslie Jauanna Westphal Martin L. Horwitz Los Angeles, CA Christopher Thomas Bradford Richard Arthur Howard Spring Hill, FL James R. Jones, Jr. Mark Hughes Denver, CO John A. Carver, Jr. Paul Emmanuel Jeter Philadelphia, PA William Emil Orr, Jr.

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234 MONDAY, NOVEMBER 3, 1997

Applicant City and State Movant Christopher Johns Phoenix, AZ James Hamilton Kemper David Michael Jones Las Vegas, NV Henry H. Rawlings, Jr. Patrick James Kaine Kansas City, MO Michael P. Gaughan James A. Kirkland Washington, DC Bruce Douglas Sokler Lori Diane Klein Santa Cruz, CA Edward Dallas Sacher Mark A. Klinner Wausau, WI Randall J. Sandfort Daniel H. Kunkel Sarasota, FL Michael R. Miller James William Lancaster, Jensen Beach, FL Robert Russell Jr. Makemson Ricardo Larks Washington, DC Mitchell Hamilton Nelson Sean Abram Lev Washington, DC Mark Lewis Evans Mark Loeterman Los Angeles, CA Paul L. Krentzman Jeffrey Allan Lowe Los Angeles, CA Thomas Mantheos Cynthia C. Makin Los Angeles, CA Barry R. Levy John Anthony Maksym Detroit, MI Charles William Dorman Elizabeth Anne Malloy Philadelphia, PA Edwin L. Klett Thompson McCord Mayes Washington, DC Elizabeth Sherrill Merritt Molly Margaret McGinley Charleston, WV Rex Layfield Burford Roy W. McLeese, III Washington, DC Virginia A. Seitz Judith Anne McNair Detroit, MI Robert M. Morgan Jeffery Thomas McPherson St. Louis, MO Theodore Joseph Williams, Jr. Susan M. Meinberg Detroit, MI Debra A. Gutierrez- McGuire Jeffrey W. Molenda St. Albans, WV LaDonna Crane Saria Colleen J. Moore Anchorage, AK Phillip James Eide

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MONDAY, NOVEMBER 3, 1997 235

Applicant City and State Movant Joseph Nimako Detroit, MI Gregory Allen Roberts Alfred J. O'Donovan Boston, MA Thomas G. Shapiro Mary O'Neil Fall River, MA Joseph I. Macy Mark A. Palmer Indianapolis, IN Pamela Fanning Carter James Douglas Ray Austin, TX Marilyn Elizabeth Phelan John Alexis Relias Chicago, IL Patricia J. Whitten Kevin T. Roach Milwaukee, WI Michael J. Fitzgerald Thomas T. Rutherford Albuquerque, NM Tommy D. Hughes John Henry Schroth Onalaska, WI Ronald J. Kind Kathleen Salome Smith El Paso, TX Joseph Abraham, Jr. John J. Stoia, Jr. San Diego, CA Melvyn I. Weiss Richard Louis Stoper, Jr. Medina, OH Robert J. Rotatori William Harvey Timme Anchorage, AK R. Collin Middleton Paul Christopher Watler Dallas, TX Rodney Acker John K. Worthington Trenton, NJ Joseph L. Yannotti Ronald K. Wray, II Greenville, SC W. Howard Boyd, Jr. J. Lanier Yeates Houston, TX James W. McCartney James J. Zuehl Chicago, IL Robert E. Mann

Admissions to the Bar on Oral Motions Applicant City and State Movant Harold W. Dingman Fisherville, VA Thomas Russell Knoll, Sr. Trevor Alexander McClurg Washington, DC Jan W. Baran Potter Diana Lynne Anderson Toms River, NJ Claire M. Calinda Richard Collins Butz Toms River, NJ Claire M. Calinda Thomas P. Butz Toms River, NJ Claire M. Calinda John Wesley Cerefice Manahawkin, NJ Claire M. Calinda Roberta DiBiase Toms River, NJ Claire M. Calinda George Kevin Koukos Toms River, NJ Claire M. Calinda

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236 MONDAY, NOVEMBER 3, 1997

Applicant City and State Movant R. Richard Kushinsky Toms River, NJ Claire M. Calinda John Marut Toms River, NJ Claire M. Calinda Michael John McKenna Pine Beach, NJ Claire M. Calinda James Kane Record Morristown, NJ Claire M. Calinda

Oral Arguments No. 961133. United States, Petitioner v. Edward G. Scheffer. Ar- gued by Mr. Michael R. Dreeben for the petitioner and by Ms. Kim L. Sheffield for the respondent. No. 968400. Douglas McArthur Buchanan, Jr., Petitioner v. Ronald J. Angelone, Director, Virginia Department of Corrections, et al. Ar- gued by Mr. Gerald T. Zerkin, appointed by this Court, for the peti- tioner and by Ms. Katherine P. Baldwin for the respondents. No. 961370. Fidelity Financial Services, Inc., Petitioner v. Richard V. Fink, Trustee. Argued by Mr. Michael P. Gaughan for the petitioner and by Mr. Richard V. Fink for the respondent.

Adjourned until Tuesday, November 4, 1997, at 10 o'clock.

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(JOURNAL) TUESDAY, NOVEMBER 4, 1997 237 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Opinions

No. 967185. Garrit Bates, Petitioner v. United States. On writ of certiorari to the United States Court of Appeals for the Seventh Cir- cuit. Judgment affirmed. Opinion by Justice Ginsburg. No. 96871. State Oil Company, Petitioner v. Barkat U. Khan and Khan & Associates, Inc. On writ of certiorari to the United States Court of Appeals for the Seventh Circuit. Judgment vacated, and case remanded to the United States Court of Appeals for the Seventh Cir- cuit for further proceedings in conformity with the opinion of this Court. Opinion by Justice O'Connor.

Admissions to the Bar on Oral Motions Applicant City and State Movant John Mansfield Falk Washington, DC James Harvey Falk, Sr. Robert Kiel Tompkins Washington, DC James Harvey Falk, Sr. William E. Esham, III Ocean City, MD James Harvey Falk, Sr. Harold D. Lester, Jr. Alexandria, VA Barry Sullivan Warren Eddy Nowlin Lynchburg, VA Barry Sullivan Stuart E. Houston Chevy Chase, MD Barry Sullivan Christopher F. Robertson Washington, DC Barry Sullivan Stephen Allen Mayo Greensboro, NC Barry Sullivan Waller Trolinger Dudley Alexandria, VA Barry Sullivan John Randall Minchew Leesburg, VA Barry Sullivan Kenneth Fred Parks Leesburg, VA Barry Sullivan Christopher Russell Rau Arlington, VA Barry Sullivan

Oral Arguments

No. 96957. Melvin Jefferson, Individually and as Administrator of the Estate of Alberta K. Jefferson, Deceased, et al., Petitioners v. City

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238 TUESDAY, NOVEMBER 4, 1997 of Tarrant, Alabama. Argued by Mr. Dennis G. Pantazis for the peti- tioners and by Mr. John G. Roberts for the respondent. No. 961060. Lorelyn Penero Miller, Petitioner v. Madeleine K. Al- bright, Secretary of State. Argued by Mr. Donald R. Patterson for the petitioner and by Mr. Edwin S. Kneedler for the respondent. No. 961487. United States, Petitioner v. Hosep Krikor Bajakajian. Argued by Mr. Ivring L. Gornstein for the petitioner and by Mr. James E. Blatt for the respondent.

Adjourned until Wednesday, November 5, 1997, at 10 o'clock.

Certiorari Denied No. 976127. Aaron L. Fuller, Petitioner v. Gary L. Johnson, Direc- tor, Texas Department of Criminal Justice, Institutional Division. Ap- plication for stay of execution of sentence of death presented to Justice Scalia and by him referred to the Court denied. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Stevens and Justice Ginsburg would grant the applica- tion for stay.

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(JOURNAL) WEDNESDAY, NOVEMBER 5, 1997 239 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Admissions to the Bar on Oral Motions Applicant City and State Movant

Richard C. Dibblee Salt Lake City, Honorable Orrin UT G. Hatch Humberto Beau Baez, III Manassas, VA Paull Mines Carole McHale-Hubbs Orange, CA Hugo M. Pfaltz, Jr. Stanley Phillip Meyerson Atlanta, GA Hugo M. Pfaltz, Jr. Manson Edmund Church Noblesville, IN Hugo M. Pfaltz, Jr. Glenn L. Schilling Louisville, KY Hugo M. Pfaltz, Jr. Sheldon Philip Cohen Baltimore, MD Hugo M. Pfaltz, Jr. John F. Noonan Troy, MI Hugo M. Pfaltz, Jr. Asher N. Tilchin Farmington Hills, Hugo M. Pfaltz, Jr. MI Jerome I. Gellman New York, NY Hugo M. Pfaltz, Jr. George M. Thomas New York, NY Hugo M. Pfaltz, Jr. G. Michael Barnhill Charlotte, NC Hugo M. Pfaltz, Jr. Marilyn R. Forbes Raleigh, NC Hugo M. Pfaltz, Jr. Richard N. Koehler Hamilton, OH Hugo M. Pfaltz, Jr. Ray G. Miller Zanesville, OH Hugo M. Pfaltz, Jr. Myron Shwartz Columbus, OH Hugo M. Pfaltz, Jr. Leon L. Wolf Cincinnati, OH Hugo M. Pfaltz, Jr. James Wylie George Oklahoma City, Hugo M. Pfaltz, Jr. OK Joseph P. Flanagan, Jr. Philadelphia, PA Hugo M. Pfaltz, Jr. George Marvin Newsome Fairfax, VA Hugo M. Pfaltz, Jr. Robert T. Goldenberg Parkersburg, WV Hugo M. Pfaltz, Jr.

Oral Arguments

No. 961279. George E. Rogers, Petitioner v. United States. Argued by Mr. Javier R. Rubenstein for the petitioner and by Mr. Jonathan E. Nuechterlein for the respondent.

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240 WEDNESDAY, NOVEMBER 5, 1997 No. 961426. Christopher H. Lunding, et ux., Petitioners v. New York Tax Appeals Tribunal, et al. Argued by Mr. Christopher H. Lund- ing for the petitioners and by Mr. Andrew D. Bing for the respondents.

Adjourned until Monday, November 10, 1997, at 10 o'clock.

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(JOURNAL) THURSDAY, NOVEMBER 6, 1997 241 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Certiorari Denied No. 976661. Aaron Lee Fuller, Petitioner v. Texas. Application for stay of execution of sentence of death presented to Justice Scalia and by him referred to the Court denied. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

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(JOURNAL) FRIDAY, NOVEMBER 7, 1997 243 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Certiorari Denied No. 976672. Earl Matthews, Jr., Petitioner v. Michael Moore, Direc- tor, South Carolina Department of Corrections, et al. Application for stay of execution of sentence of death presented to The Chief Justice and by him referred to the Court denied. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

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(JOURNAL) MONDAY, NOVEMBER 10, 1997 245 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer. The Chief Justice said: "Today's orders of the Court have been certified by The Chief Jus- tice, filed with the Clerk, and will not be announced orally."

Certiorari-Summary Disposition No. 975538. Robert Anthony Carter, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. On petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari granted. Judgment va- cated, and case remanded to the United States Court of Appeals for the Fifth Circuit for further consideration in light of Lindh v. Murphy, 521 U. S. (1997).

Orders in Pending Cases No. M24. Enrique Manzano, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M25. Ronald M. Lewis, Petiitoner v. Marvin T. Runyon, Post- master General. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. 961279. George G. Rogers, Petitioner v. United States. Motion of petitioner for leave to file a supplemantal brief after argument granted. No. 968732. Vincent Edwards, Reynolds A. Wintersmith, Horace Joiner, Karl V. Fort, and Joseph Tidwell, Petitioners v. United States. Motion for appointment of counsel granted, and it is ordered that J. Michael McGuinness, Esquire, of Elizabethtown, North Carolina, is ap- pointed to serve as counsel for petitioner Vincent Edwards in this case. No. 97218. Steven B. Larsen, Maryland Insurance Commissioner, Petitioner v. American Medical Security, Inc., et al. The Acting Solici- tor General is invited to file a brief in this case expressing the views of the United States.

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246 MONDAY, NOVEMBER 10, 1997 No. 975900. Vincent dePaul Gisriel, Jr., Petitioner v. Ocean City Board of Supervisors of Election, et al. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner is allowed until De- cember 1, 1997, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court. No. 975965. Glendora, Petitioner v. Andrew J. DiPaola. Motion of petitioner for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner is allowed until December 1, 1997, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.

Certiorari Denied No. 961587. City of Albuquerque, Petitioner v. Carol M.Browner, Administrator, Environmental Protection Agency. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 967833. Ronald L. Bailie, Terri Bailie, and Nada B. Bailie, Peti- tioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 968862. Ronald Allen Smith, Petitioner v. Montana. Petition for writ of certiorari to the Supreme Court of Montana denied. No. 969382. Albert Thomas, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Third Dis- trict, denied. No. 97217. Bruce Richard Toski, Petitioner v. William J. McDonnell, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. No. 97223. Vernon Lee Evans, Jr., Petitioner v. Maryland. Petition for writ of certiorari to the Circuit Court of Maryland, Baltimore County, denied. No. 97231. Mary Elizabeth Almand, Petitioner v. DeKalb County, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. No. 97260. Rodney Beard, Petitioner v. Dennis Walsh. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97269. Individuals For Responsible Government, Inc., et al., Petitioners v. Washoe County, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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MONDAY, NOVEMBER 10, 1997 247 No. 97271. Tevis T. Thompson, Jr., Trustee in Bankruptcy for James Delbert McConville, et ux., Petitioner v. David Margen and Lawton Associates; and No. 97446. David Margen and Lawton Associates, Petitioners v. Tevis T. Thompson, Jr., Trustee in Bankruptcy for James Delbert Mc- Conville, et ux. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97321. Keith Rooney, By and Through His Next BestFriend, John Rooney, Jr., His Father, et al., Petitioners v. George Lee Watson, Deputy Sheriff, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97333. Dennis Williams and Richard Dreiling, Petitioners v. WMX Technologies, Inc., fka Waste Management, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97381. Cassandra Jenkins, a Minor, by Her Mother Sandra Hall, et al., Petitioners v. Susannah Herring and Melba Sirmon. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 97400. Essex County Utilities Authority, et al.,Petitioners v. Atlantic Coast Demolition & Recycling, Inc., et al.; and No. 97430. Robert C. Shinn, Jr., Commissioner, New Jersey Depart- ment of Environmental Protection, Petitioner v. Atlantic Coast Demoli- tion & Recycling, Inc., et al. Petitions for writs of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 97402. Joseph Harmon, et ux., Petitioners v. OKI Systems and Crown Equipment Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97405. Roman Catholic Diocese of Brooklyn, Petitioner v. Ken- neth R., by His Mother and Natural Guardian, Diana R., et al. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied. No. 97409. Ruhrgas, A. G., Petitioner v. Marathon Oil Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97410. Clay E. Monroe, Petitioner v. Missouri Pacific Railroad Company and Union Pacific Railroad Company. Petition for writ of cer- tiorari to the United States Court of Appeals for the Seventh Circuit denied.

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248 MONDAY, NOVEMBER 10, 1997 No. 97411. William H. Tobin, et al., Petitioners v. General Electric Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 97412. Joseph J. Mathy, et ux., Petitioners v. Virginia Depart- ment of Taxation. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 97414. C. J. Mozzochi, Petitioner v. Freedom of Information Commission and Town of Glastonbury. Petition for writ of certiorari to the Appellate Court of Connecticut denied. No. 97416. Jeri Lynn Thompson, Individually and as Guardian ad Litem for Nicole L. Thompson, a Minor, et al., Petitioners v. Michael Steen. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97421. Grand Lockwood Partners Limited Partnership, Peti- tioner v. Maxwell House Coffee Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97424. Superior Court for the Judicial District of Hartford/ New Britain at Hartford, Petitioner v. Karin Aparo. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97426. Gerald C. Woythal, Petitioner v. Tex-Tenn Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97427. National Association of Home Builders of the United States, et al., Petitioners v. City of Los Angeles. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97429. In Re Isabel Andrade, et al., Petitioners. Petition for writ of certiorari to the United States Courtof Appeals for the Fifth Circuit denied. No. 97433. Bonnie Lamvermeyer, Petitioner v. Denison University, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 97436. Sascho, Inc., Petitioner v. DAP Products, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 97438. Nellie Howard, Petitioner v. Kathy Anderson, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

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MONDAY, NOVEMBER 10, 1997 249 No. 97440. D. R., By His Parents and Legal Guardians, M. R. and B. R., Petitioner v. East Brunswick Board of Education. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 97442. Tyrone Thomas, Petitioner v. Marie Baxter. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97445. Frank J. Camoscio, Petitioner v. Massachusetts. Petition for writ of certiorari to the Appeals Court of Massachusetts denied. No. 97448. Abdul Rashid, Petitioner v. Marine Midland Bank, fka Marine Midland Bank, N. A. Petition for writ of certiorari to the Appel- late Division, Supreme Court of New York, Second Judicial Depart- ment, denied. No. 97468. Jo Ann Leffel, Petitioner v. Valley Financial Services and Valley American Bank and Trust Company. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Cir- cuit denied. No. 97484. Reginald Clemons, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. No. 97522. Gordon Nurse, Petitioner v. United Air Lines, Inc. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97545. Milton Hambrice, Inc., Petitioner v. State Farm Fire & Casualty Company. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97575. James Benjamin, Jr., et ux., Petitioners v. Farid C. Bina. Petition for writ of certiorari to the Supreme Judicial Court of Maine denied. No. 97585. James Greer, Petitioner v. Louisiana and Richard P. Ieyoub, Attorney General of Louisiana. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97587. David M. Duchow, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97590. David R. Knapp and GRK Corporation, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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250 MONDAY, NOVEMBER 10, 1997 No. 97595. Spartan Mills, Petitioner v. Bank of America Illinois. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97618. Amrit Lal, Petitioner v. Robert N. C. Nix, Jr., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 97631. Leonard H. Beck, Petitioner v. United States Attorney for the District of Delaware. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 97637. Charles M. Bownds, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97648. Myles Coker, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97661. Edwin Dews, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 975110. Alejandro Cisneros-Cabrera, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 975195. William Bush, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. No. 975207. Jack John Milojevich, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975238. Brian Lee Miller, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 975885. Wilbur McReynolds, Petitioner v. Director, Brooklyn Developmental Center; No. 975886. Wilbur McReynolds, Petitioner v. New York; and No. 975907. Wilbur McReynolds, Petitioner v. Rudolph W. Giuliani, Mayor of the City of New York, et al. Petitions for writs of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied. No. 975887. Rodney K. Johari, Petitioner v. Patricia L. Johari. Peti- tion for writ of certiorari to the Court of Appeals of Minnesota denied.

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MONDAY, NOVEMBER 10, 1997 251 No. 975888. Isaiah Crawford, Sr., Petitioner v. Eric J. Moran. Peti- tion for writ of certiorari to the Appellate Court of Illinois, Third Dis- trict, denied. No. 975893. Chadwick Willacy, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 975896. Mitchell Wright, Petitioner v. South Carolina, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975897. Weldon Eugene Wiggins, II, Petitioner v. Jerry Stainer, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975898. Willie Watson, Petitioner v. United States Postal Serv- ice, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 975904. Stephen Ray Stamps, Petitioner v. Linda Diane Stamps. Petition for writ of certiorari to the Court of Appeals of Ten- nessee, Western Division, denied. No. 975914. Daniel C. Lemley, Petitioner v. Suzanne B. Lemley. Petition for writ of certiorari to the Court of Special Appeals of Mary- land denied. No. 975919. Bal Dev Enand, Petitioner v. Montgomery County, Maryland, et al. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied. No. 975920. Stephen Dale Littlejohn, Petitioner v. Paul Caspari, Superintendent, Missouri Eastern Correctional Center. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 975921. Laurence Jacobson, Petitioner v. R. McIlwain, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975927. Richard Clewell, et ux., Petitioners v. Upjohn Com- pany. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied. No. 975928. Phillip Lawrence Severance, Petitioner v. Gerald Hof- bauer, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 975940. Livingston Joseph, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied.

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252 MONDAY, NOVEMBER 10, 1997 No. 975948. Sammie Smith, Jr., Petitioner v. B. Alan Sugg, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 975949. Harold D. Qualls, Jr., Petitioner v. Daniel Ferritor, et al. Petition for writ of certiorari to the Supreme Court of Arkansas denied. No. 975951. Linda Sanders, Petitioner v. Paul C. Behr, et ux. Peti- tion for writ of certiorari to the Court of Appeals of Colorado denied. No. 975955. Ralph Vasquez, Petitioner v. Bexar County Adult De- tention Center. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975958. Kenny Effinger, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied. No. 975959. Warren K. Henness, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 975960. Reginald L. Green, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. No. 975961. Joseph P. Ford, Petitioner v. Philadelphia Federal Credit Union. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 975963. James L. Harris, Petitioner v. Theo White, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975964. Lee Dymits, Petitioner v. San Mateo County Municipal Court. Petition for writ of certiorari to the Court of Appeal of Califor- nia, First Appellate District, denied. No. 975969. Jose Jesus Ceja, Petitioner v. Terry L. Stewart, Direc- tor, Arizona Department of Corrections, et al. Petition for writ of cer- tiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975974. Robert E. Weinreich, Petitioner v. Los Angeles County Metropolitan Transportation Authority. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975978. Dennis Guy Erdman, Petitioner v. Michigan. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 975980. John Wayne Ertelt, Petitioner v. North Dakota. Peti- tion for writ of certiorari to the Supreme Court of North Dakota denied.

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MONDAY, NOVEMBER 10, 1997 253 No. 975985. Rafiu Kola Olanrewaju, Petitioner v. Immigration and Naturalization Service, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975989. Jean Marie Mostek Pruett Martinez and Clory Jane Mostek, Petitioners v. Michael Simkins, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Sixth Circuit denied. No. 975992. Jasper Newton McMurtrey, III, Petitioner v. Arizona. Petition for writ of certiorari to the Superior Court of Arizona, Pima County, denied. No. 975993. Douglas E. Kampfer, Petitioner v. William Gokey. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 975994. Ronnie Johnson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976000. Donald J. Strable, Petitioner v. South Carolina. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976025. George Smith, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied. No. 976043. Randy Johnson, Petitioner v. Willis Morton, Superin- tendent, New Jersey State Prison. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976074. Henrietta Nicol, Petitioner v. Immigration and Natu- ralization Service. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976108. Duyonn Andre Vincent, Petitioner v. Michigan. Petition for writ of certiorari to the Supreme Court of Michigan denied. No. 976111. Elmer J. Webb, Jr., Petitioner v. Pulitzer Publishing Company. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976112. Adrian B. Tisdale, Petitioner v. Larry Norris, Director, Arkansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976121. Dennis Charles Crocker, Petitioner v. James J. Robin- son, Western Regional Director, Pennsylvania Board of Probation and Parole, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

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254 MONDAY, NOVEMBER 10, 1997 No. 976129. Vincent Faustino Rivera, Petitioner v. S. R. Parker, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976130. Norman L. Johnston, Petitioner v. Frederick K. Frank, Superintendent, State Correctional Institution at Huntingdon, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976136. Dale A. Carrasquillo, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976147. Gary Devon Buckom, Petitioner v. North Carolina. Pe- tition for writ of certiorari to the Court of Appeals of North Carolina denied. No. 976151. Jeffrey Mack Chapin, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976156. Louis T. Evans, Petitioner v. Martin Horn, Commis- sioner, Pennsylvania Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Cir- cuit denied. No. 976165. Kwaku Atuahene, Petitioner v. Immigration and Natu- ralization Service. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976182. Michael Brown, Petitioner v. New Mexico. Petition for writ of certiorari to the Supreme Court of New Mexico denied. No. 976193. Rose O'Neal, Petitioner v. Chevron U. S. A., Inc., et al. Petition for writ of certiorari to the Supreme Court of Hawaii denied. No. 976197. Barton Allen, Petitioner v. Michigan. Petition for writ of certiorari to the Court of Appeals of Michigan denied. No. 976215. Amal Wainwright, Petitioner v. Booz, Allen & Hamil- ton, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976223. Terrance Johnson, Petitioner v. Odie Washington, Di- rector, Illinois Department of Corrections, etal. Petition for writ of

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MONDAY, NOVEMBER 10, 1997 255 certiorari to the United StatesCourt of Appeals for the Seventh Cir- cuit denied. No. 976235. Thomas E. Ricks, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976239. Michael Castillo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976246. David Lee Green, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 976248. Oscar Ray Bolin, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Second Dis- trict, denied. No. 976252. Larry L. Ochsner, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976257. William Douglas Lankford, III, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976261. Anthony J. Love, Petitioner v. United States Postal Service. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 976265. Phillip B. Benjamin, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 976267. Alberto Avila, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 976273. Mateo C. Rios, Petitioner v. California. Petition for writ of certiorari to the Appellate Department, Superior Court of Cali- fornia, County of Los Angeles, denied. No. 976279. Mohamed Ijaz Chohan, Petitioner v. UnitedStates. Pe- tition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 976280. Don Edward Cash, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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256 MONDAY, NOVEMBER 10, 1997 No. 976286. Michael C. Peach, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 976290. Ernie Santiago, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 976292. Gregory Pecor, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 976305. Earl Anderson Franklin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976307. Clifford Charles Weeden, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 976310. Marty Webb, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976312. Elbert Emmanuel Carlisle, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976313. Rickey Orville Benton, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976314. Richard Earl Wilson, Jr., aka Robert Wilson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976316. Roosevelt D. Vallery, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976320. William Roy Atkins, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 976321. Pablo Vidal Marquez, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 976323. Domingo Martinez, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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MONDAY, NOVEMBER 10, 1997 257 No. 976330. Jose Ramon Gordils, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 976332. Thomas Grady Brown, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976334. Michael J. Gignac, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 976337. Christopher D. Mackey, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 976345. Linda Hubble, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976346. David Lee Heath, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976348. Franklin Paul Hunt, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976351. Robert Morris and Robert Staton, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 976357. Clarence Robinson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976360. Elio Ramirez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 976362. Nelson Brown, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976365. Christopher Dean Acevedo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 976366. Juvenile No. 4, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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258 MONDAY, NOVEMBER 10, 1997 No. 976367. Kevin Odell Lott, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976368. Clarence Jones, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 976374. Mario Uriarte-Gonzalez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976377. James Alton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976378. Ricky J. Shugart, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976380. William K. Schanck, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976383. Kenzie M. Lewis, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 976386. Charles Simmons, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976392. Premnath Birbal, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 976393. Robert Chatman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976394. James Morris, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 976397. Toy Burtron Madden, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976405. Paul Anthony Davis, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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MONDAY, NOVEMBER 10, 1997 259 No. 976407. James Fields, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 976419. Douglas Bemis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 969105. Jose Marrero, Petitioner v. Pennsylvania. Motion of Defender Association of Philadelphia for leave to file a brief as amicus curiae granted. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern District, denied. No. 97209. Robert J. Tolchin, etc., Petitioner v. Supreme Court of New Jersey, et al. Motion of Philadelphia Bar Association for leave to file a brief as amicus curiae granted. Motion of Michael D. Fettner for leave to file a brief as amicus curiae granted. Petition for writ of cer- tiorari to the United States Court of Appeals for the Third Circuit denied. No. 97210. Official Committee of Tort Claimants, Petitioner v. Dow Corning Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition. No. 975956. Arthur David Neal, Petitioner v. Lucent Technologies, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition. No. 97387. Schuylkill Energy Resources, Inc., Petitioner v. Pennsyl- vania Power & Light Company. Motion of Attorney General of Pennsyl- vania for leave to file a brief as amicus curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 97423. W. H. Avitts, et al., Petitioners v. Amoco Production Co., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. Justice Breyer took no part in the consideration or decision of this petition.

Mandamus Denied

No. 976308. In Re Melvin Leroy Tyler, Petitioner. Petition for writ of mandamus and/or prohibition denied.

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260 MONDAY, NOVEMBER 10, 1997 Prohibition Denied

No. 976059. In Re Carl Wayne Stewart, Petitioner. Petition for writ of prohibition denied.

Rehearings Denied

No. 961804. David L. C. Hwang, Petitioner v. Robert G. Harris, et al.; No. 961956. Richard A. Cole, Petitioner v. United States; No. 968881. Floyd William Marr, Petitioner v. Robert Wright, Superintendent, Clallam Bay Correctional Facility; No. 968905. Barbara Schwarz, Petitioner v. Barbara Spalding; No. 969254. Barbara Schwarz, Petitioner v. William Jefferson Clin- ton, et al.; No. 969371. Barbara Schwarz, Petitioner v. Woodruff, Inc., et al.; No. 969486. Theresa Nangle Obermeyer, Petitioner v. United States; No. 975151. Elaine C. Mmahat, Petitioner v. United States; No. 975454. William Schwartz, Jr., Petitioner v. City of Bethel Park, Pennsylvania; No. 975456. Barbara Schwarz, Petitioner v. William J. Clinton, President of the United States, et al.; No. 975662. Rodger Edmonds, Petitioner v. United States; and No. 975883. John A. Langworthy, Petitioner v. Juvenal R. Goico- chea. Petitions for rehearing denied.

Attorney Discipline

No. D1870. In the Matter of Disbarment of Juliette Z. Allen. Juli- ette Z. Allen, of Tustin, California, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring her to show cause why she should not be disbarred from the practice of law in this Court. No. D1871. In the Matter of Disbarment of Fredric W. Tokars. Fredric W. Tokars, of Atlanta, Georgia, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

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MONDAY, NOVEMBER 10, 1997 261 Recess Order The Court will take a recess from Monday, November 17, 1997, until Monday, December 1, 1997.

Admissions to the Bar on Written Motions Applicant City and State Movant Nancy L. Abell Los Angeles, CA Leonard S. Janofsky Paul K. W. Au Honolulu, HI Donna May Woo Danilo J. Becerra Montebello, CA Michael Larned Stern Karen Ann Buchanan Alexandria, VA Albin F. Drost Craig Alan Caldwell Sacramento, CA Terence John Cassidy Scott D. Carey Nashville, TN Robert G. McDowell Eric Robert Clark Twin Falls, ID John C. Hepworth Julie E. Cullen Baton Rouge, LA Timothy M. Screen Lawrence John DeBrincat Livonia, MI Brian M. Smith Richard Eugene Las Vegas, NV James R. Olson Desruisseaux Jonathan C. Drimmer Washington, DC Henry Stuart Irvin Patricia A. Ellis Los Angeles, CA Bernard Arthur Leckie Denis A. Engel Garden City, NY John F. Mills K. Stewart Evans, Jr. Washington, DC Donald Hugh Green Lorenz Frederick Fett, Jr. Saint Paul, MN Charles N. Nauen Mark R. Fitzgerald Washington, DC Ronald Nelson Sutter William J. Friedman, IV Santa Fe, NM William S. Dixon Marc Giattini Washington, DC Bernhardt K. Wruble Larry M. Gille Green Bay, WI Joseph J. Ferris Robert Arthur Graham Lexington, KY Brian Wolfman Mark C. Hansen Washington, DC Michael K. Kellogg Douglas R. Hart Los Angeles, CA Richard J. Simmons

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262 MONDAY, NOVEMBER 10, 1997

Applicant City and State Movant Thomas R. Hightower, Jr. Lafayette, LA John Goulding Swift Gregory Eugene Hinkel Phoenix, AZ Donald R. Kunz Michael Allan Jacobs Irvine, CA Malcolm Craig McKinnon Janice Anita Jenkins San Francisco, CA Boniface Vincent Yturbide William Weston Jones, Jr. Hilton Head Raymond Harry Island, SC Williams Andrew Shepstone Jordan Santa Monica, CA Donald M. Cislo Scott A. Kronland San Francisco, CA Marsha Siegel Berzon Pamela Sue Lacey Thompsonville, IL Aud Courtney Cox Linda M. Lawson Los Angeles, CA Bernard Arthur Leckie Robert G. Lee Houston, TX Steven R. McCown Bryan W. Lewis Orland, IN Henry H. Rawlings, Jr. Harry W. MacDougald Atlanta, GA James L. Paul Scott Kevin Midgley Phoenix, AZ Richard Martin Lorenzen Robert A. Miller Clearwater, FL Jeffrey R. Shelquist Jack Terry Molodanof Sacramento, CA Eileen McCarthy Diepenbrock Michael Gregory Morgan Los Angeles, CA Richard J. Simmons Audrey M. Morris Dallas, TX George Edward Gasper Deanne Marie Mosley Jackson, MS Dennis Charles Sweet, III William Weston Jones Hilton Head Raymond Harry Newton Island, SC Williams John Gregory Odom Hahira, GA Linda V. Farrer Paul Rainey Owen Santa Fe, NM Jack M. Campbell Vernon H. Padgett Cullman, AL Herman Watson, Jr.

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MONDAY, NOVEMBER 10, 1997 263

Applicant City and State Movant John M. Peebles Omaha, NE Bradley S. Waterman Timothy James Perry Syracuse, NY Suzanne E. Oot Lunsford Dole Phillips Honolulu, HI David Alan Ezra Anthony P. Picadio Pittsburgh, PA C. Robert McCall Phillip Lloyd Poole Ferndale, MI Frank Thomas Kohl John Raymond Rapasky, III Chicago, IL Steven Dale Pearson Mycki Ratzan Miami, FL Jeffrey Stuart Weiner Lorraine H. Raymond Chattanooga, TN William B. Mitchell Carter James Bernard Reed Phoenix, AZ Kevin R. Keating Paul Douglas Refior Warsaw, IN William Walter Maywhort Gregory La'Monte Reid New York, NY Lyndon Dennis Williams Colleen Ann Roberts Seattle, WA Arthur P. Kearney Matthew D. Roberts Washington, DC Honorable Seth P. Waxman, Acting Solicitor General of the United States Jo Anne Robinson Washington, DC Samuel McClendon Lourdes Rodriguez Houston, TX Ann Elizabeth Webb Peter John Michael Romary Greenville, NC Leslie S. Robinson David M. Rothenstein Washington, DC Hope Beth Eastman David H. Safavian Grosse Ile, MI Ronald Lee Buch, Jr. Joseph Abraham Sanzone Lynchburg, VA Philip Bruce Baker Marsha Kostura Schmidt Washington, DC Charles Allen Hobbs Marcia K. Schultz Saipan, MP John F. Biehl Donna Aronoff Smith St. Louis, MO Darold E. Crotzer, Jr.

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264 MONDAY, NOVEMBER 10, 1997

Applicant City and State Movant L. Abraham Smith Greensburg, PA Dante G. Bertani Michael Conrad Smith Baton Rouge, LA Javier Ignacio Romanach Craig E. Stewart San Francisco, CA Walter Robert Allan Geoffrey D. Strommer Portland, OR Charles Allen Hobbs Gregory Paul Sujack Chicago, IL Edwin Thomas Sujack Kenneth A. Sweder Boston, MA Mitchel S. Ross John Harlan Terpstra Lynnville, IA Mark Anthony Otto Robert J. Thomas Houston, TX Fred A. Keys, Jr. Joseph James Torres Chicago, IL C. R. Gangemi, Jr. David Brendan Toscano New York, NY Carter G. Phillips Bynum E. Tudor, III Nashville, TN Tyree Bryson Harris, IV Lee Melchor Turlington Richmond, VA Edgar Lawrence Turlington, Jr. Todd Turner Arkadelphia, AR William H. Arnold, III Michael C. Turzai Pittsburgh, PA Ralph A. Finizio Paul J. Vacca, Jr. Rochester, NY Richard Anthony Calabrese Richard Edward Francis Greensboro, NC Charles Clark Valitutto Jackson Bobby Taylor Vance Batesville, MS Ronald W. Lewis Nicholas James Wallwork Phoenix, AZ Charles Jeffers Muchmore Frederick B. Warder, III New York, NY Lisa Elaine Cleary Ellen M. Weber Washington, DC Catherine Hart O'Neill Martin A. Weeks Oklahoma City, James T. Robinson OK Scott David Wegner Bismarck, ND Leo J. Beauclair Deborah Weich New York, NY Arthur Kinoy C. Geoffrey Weirich Atlanta, GA Weyman T. Johnson, Jr. Harold R. Weisbaum Baltimore, MD Martin F. Brecker

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MONDAY, NOVEMBER 10, 1997 265

Applicant City and State Movant Tim M. Wheat Dallas, TX Sam S. Crutchfield, Jr. John David Wheeler Alamogordo, NM Norman D. Bloom, Jr. Scott D. Wilson Baton Rouge, LA John O. Charrier, Jr. David Zalesne Philadelphia, PA Richard A. Levan

Admissions to the Bar on Oral Motions Applicant City and State Movant Karin J. Lindgren Chicago, IL Lori E. Iwan C. John Koch Chicago, IL Jerold S. Solovy Ronald L. Marmer Chicago, IL Jerold S. Solovy Kathleen A. McCormac San Francisco, CA Diane K. Kjervik Deborah Lee Phillips Pleaseanton, CA Diane K. Kjervik Gertrude A. Kiaunis Bridgeport, CT Diane K. Kjervik Joanne Patricia Sheehan Fairfield, CT Diane K. Kjervik Mary Lucas Cavanaugh Chicago, IL Diane K. Kjervik Joan Cerniglia-Lowensen Baltimore, MD Diane K. Kjervik Virginia Marie Fleming Andover, MA Diane K. Kjervik Angela M. Vieira Boston, MA Diane K. Kjervik M. Jeanne Trott Manchester, NH Daine K. Kjervik Sally Nina Austin Marietta, GA Diane K. Kjervik Janet K. Feldkamp Columbus, OH Diane K. Kjervik Cheryl Denise Lapre Shillington, PA Diane K. Kjervik Farber Kathleen Ann Hessler Albuquerque, NM Diane K. Kjervik

Oral Arguments No. 961482. Lexecon, Inc., et al., Petitioners v. Milberg Weiss Ber- shad Hynes & Lerach, et al. Argued by Mr. Michael K. Kellogg for the petitioners and by Mr. Jerold S. Solovy for the respondents. No. 967901. Richard F. Trest, Petitioner v. Burl Cain, Warden. Ar- gued by Ms. Rebecca L. Hudsmith, appointed by this Court, for the petitioner and by Ms. Kathleen E. Petersen for the respondent. No. 96370. Bay Area Laundry and Dry Cleaning Pension Trust Fund, Petitioner v. Ferbar Corporation of California, Inc., and Stephen Barnes. Argued by Ms. Marsha S. Berzon for the petitioner, by Mr. Edward C. DuMont for the United States as amicus curiae, by special

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266 MONDAY, NOVEMBER 10, 1997 leave of the Court, and by Mr. William F. Terheyden for the respondents.

Adjourned until Wednesday, November 12, 1997, at 10 o'clock.

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(JOURNAL) WEDNESDAY, NOVEMBER 12, 1997 267 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Admissions to the Bar on Oral Motions Applicant City and State Movant Frank S. Aragona Clinton Township, John D. Dingell MI William R. Beekman Okemos, MI John D. Dingell Matthew J. Boettcher Detroit, MI John D. Dingell Robert C. Gardella Brighton, MI John D. Dingell John Joseph Gillooly Detroit, MI John D. Dingell Susan E. Gillooly Detroit, MI John D. Dingell John F. Koryto Kalamazoo, MI John D. Dingell Shaun Michael Murphy San Francisco, CA John D. Dingell Michael Warren Stephenson Southfield, MI John D. Dingell John Alexander Thurber Birmingham, MI John D. Dingell John L. Thurber Lansing, MI John D. Dingell Herbert R. Worthy, Jr. Warren, MI John D. Dingell Robert Willoughby Garrett, Falmouth, VA Ronald Louis Jr. Fann Duncan J. Farmer Laconia, NH Edward M. Ricci

Oral Arguments No. 961291. Dolores M. Oubre, Petitioner v. Entergy Operations, Inc. Argued by Ms. Barbara G. Haynie for the petitioner, Ms. Beth S. Brinkmann for the United States as amicus curiae by special leave of Court, and by Mr. Carter G. Phillips for the respondent. No. 967151. Debra Faye Lewis, Petitioner v. United States. Argued by Mr. Frank Granger for the petitioner and by Mr. Malcolm L. Stew- art for the respondent. No. 967171. Randy G. Spencer, Petitioner v. Mike Kemna, Superin- tendent, Western Missouri Correctional Center. Argued by Mr. John W. Simon for the petitioner and by Mr. James R. Layton for the respondent.

Adjourned until Monday, November 17, 1997, at 10 o'clock.

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(JOURNAL) THURSDAY, NOVEMBER 13, 1997 269 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Certiorari Denied No. 976612. Dawud Majid Mu'min, Petitioner v. Samuel v. Pruett, Warden. Application for stay of execution of sentence of death pre- sented to The Chief Justice and by him referred to the Court denied. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Stevens and Justice Ginsburg would grant the application for stay of execution.

Habeas Corpus Denied No. 976726. In Re Dawud Majid Mu'min, Petitioner. Application for stay of execution of sentence of death presented to The Chief Jus- tice and by him referred to the Court denied. Petition for writ of ha- beas corpus and petition for writ to preserve jurisdiction denied.

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(JOURNAL) FRIDAY, NOVEMBER 14, 1997 271 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Certiorari Granted No. 97282. Beth Ann Faragher, Petitioner v. City of Boca Raton. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit granted. Brief of petitioner to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Monday, December 29, 1997. Brief of respondent to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Wednesday, January 28, 1998. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Wednesday, February 18, 1998. Rule 29.2 does not apply. No. 97288. Vicky Lewis, et ux., Individually, as Parents, as Next Friends and as Administrators of the Estate of Kathryn C. Lewis, De- ceased, Petitioners v. Brunswick Corporation. Petition for writ of cer- tiorari to the United States Court of Appeals for the Eleventh Circuit granted. Brief of petitioners to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Monday, December 29, 1997. Brief of respondent to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Wednesday, January 28, 1998. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Wednesday, February 18, 1998. Rule 29.2 does not apply. No. 97463. Textron Lycoming Reciprocating Engine Division, AVCO Corp., Petitioner v. United Automobile, Aerospace and Agricul- tural Implement Workers of America, International Union and its Local 787. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit granted. Brief of petitioner to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Monday, December 29, 1997. Brief of respondents to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Wednes- day, January 28, 1998. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Wednesday, Febru- ary 18, 1998. Rule 29.2 does not apply.

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(JOURNAL) MONDAY, NOVEMBER 17, 1997 273 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer. The Chief Justice said: "Today's orders of the Court have been certified by The Chief Jus- tice, filed with the Clerk, and will not be announced orally."

Opinion Per Curiam

No. 97122. City of Monroe, et al., Appellants v. United States. Ap- peal from the United States District Court for the Middle District of Georgia. Judgment reversed, and case remanded to the United States District Court for the Middle District of Georgia for further proceed- ings in conformity with the opinion of this Court. Opinion per curiam. Opinion by Justice Scalia concurring in the judgment. Dissenting opin- ion by Justice Souter, with whom Justice Breyer joins. Dissenting opin- ion by Justice Breyer, with whom Justice Souter joins.

Certiorari-Summary Disposition

No. 968916. James R. Swofford, Petitioner v. Kenneth Dobucki, Warden. On petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Seventh Circuit for further consideration in light of Lindh v. Murphy, 521 U.S. (1997).

Orders in Pending Cases

No. M26. Bonny Treutelaar, Petitioner v. Wisconsin. Motion for leave to proceed in forma pauperis without an affidavit of indigency executed by petitioner denied. No. 96568. Joseph Oncale, Petitioner v. Sundowner Offshore Serv- ices, Incorporated, et al. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argu- ment granted to be divided as follows: petitioner 20 minutes; the Solicitor General 10 minutes.

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274 MONDAY, NOVEMBER 17, 1997 No. 961569. Daniel Bogan and Marilyn Roderick, Petitioners v. Janet Scott-Harris. Motion of Westboro Baptist Church for leave to file a brief as amicus curiae out-of-time denied. No. 961578. Thomas R. Phillips, et al., Petitioners v. Washington Legal Foundation, et al. Motion of respondents for divided argument denied. No. 961923. Edward S. Cohen, Petitioner v. Hilda De La Cruz, et al. Motion of petitioner to dispense with printing the joint appendix granted. No. 975968. Syed H. Zaidi, Petitioner v. Northern Virginia Hospital Corporation, et al. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner allowed until December 8, 1997, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.

Certiorari Denied

No. 969439. Jesse Joe Elisondo, Petitioner v. Gary L. Johnson, Di- rector, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97236. Anthony J. Tusa, Jr., and Victor J. Tusa, Sr., Petitioners v. United States; and No. 975469. Sebastian Salvatore, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97276. South Dakota, et al., Petitioners v. United States, on Behalf of the Cheyenne River Sioux Tribe and its members, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97285. Jack B. Buster and A. Lee Petersen, Petitioners v. Ron- ald E. Greisen, Henry P. Head, and David L. Ratchye. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Cir- cuit denied. No. 97293. Herman Corn, Petitioner v. City of Lauderdale Lakes, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. No. 97444. Cargill Communications, Inc., Petitioner v. Annie Min- ers. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied.

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MONDAY, NOVEMBER 17, 1997 275 No. 97450. Jane D. Hill, Petitioner v. J. J. B. Hilliard, W. L. Lyons, Inc., Wolfgang William Brab, James C. Stone, III, and Gilbert L. Pam- plin; and No. 97459. Wolfgang William Brab, Petitioner v. Jane D. Hill. Peti- tions for writs of certiorari to the Court of Appeals of Kentucky denied. No. 97479. Stroh Die Casting Co., Petitioner v. Atlantic States Legal Foundation, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97488. Donald C. Schirm, Petitioner v. Union Pacific Railroad Company. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97489. James Colelli, Petitioner v. Kenneth A. Sandt, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 97491. Randy Ray Clute,Petitioner v. South Carolina. Petition for writ of certiorari to the Court of Appeals of South Carolina denied. No. 97492. John F. Vickers Masonry, Petitioner v. Giuseppe Furrer, S. P. A. Petition for writ of certiorari to the Supreme Court of Ari- zona denied. No. 97498. Anne L. Allen, aka Nancy Allen, et al., Petitioners v. Montgomery Hospital and Paul R. Casey, Jr. Petition for writ of certio- rari to the Supreme Court of Pennsylvania, Eastern District, denied. No. 97510. Harry Power, Petitioner v. Rutgers, the State Univer- sity, and Richard Foley, Dean. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 97515. Christopher A. Tsipouras, Petitioner v. Meshbesher, Bir- rell & Dunlap, Ltd., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97518. Fred Davis and Gertrude Davis Gorod, Petitioners v. Edith Tabachnick, et al. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied. No. 97529. Lawrence P. Miles, Petitioner v. Sunbelt National Bank, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. No. 97536. Bruce E. Gardner, Petitioner v. Department of Treasury. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

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276 MONDAY, NOVEMBER 17, 1997 No. 97567. Texas Commerce Bank-San Angelo, N.A., et al., Peti- tioners v. Billy R. Shurley, et ux. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97596. Bobby Riggs, et al., Petitioners v. Charles W. Burson, Attorney General of Tennessee, et al. Petition for writ of certiorari to the Supreme Court of Tennessee, Eastern Division, denied. No. 97617. Edward W. Bowlin, Petitioner v. Florida. Petition for writ of certiorari to the Circuit Court of Florida, Polk County, denied. No. 97619. Edwin Ortiz, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 97629. Shong-Ching Tong, Petitioner v. Paul Turner, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97633. John K. Whiteford, Petitioner v. Pennsylvania, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 97649. Julia McCain Lampkin Asam, Petitioner v. James Han- cock, Judge, United States District Court for the Northern District of Alabama. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97654. Ramon A. Medina, Parent of Luis-Francisco Emanuel Medina, Deceased, et al., Petitioners v. John P. Devine, Judge, 190th Judicial District Court, Harris County, Texas. Petition for writ of cer- tiorari before judgment to the United States Court of Appeals for the Fifth Circuit denied. No. 97655. Elizabeth Klimas, Petitioner v. K. Karagozian, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97662. Hartford Steam Boiler Inspection and Insurance Com- pany, Petitioner v. I/N Kote. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97678. Donald Herzog, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97684. Rayford Patch, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97690. Commercial Realty St. Pete, Inc., Petitioner v. Federal Communications Commission. Petition for writ of certiorari to the

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MONDAY, NOVEMBER 17, 1997 277 United States Court of Appeals for the District of Columbia Circuit denied. No. 97694. David D. Roach, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 97700. Eugene Daniels, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 97703. Albert Rimell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97708. George DeLuca, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 975051. Michael B. DiGiovanni, Petitioner v. Pennsylvania. Pe- tition for writ of certiorari to the Superior Court of Pennsylvania, Phil- adelphia Office, denied. No. 975145. Regina Daughtry, Petitioner v. Kathleen Dennehy. Pe- tition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 975423. Dwayne A. Washington, Troy E. Taylor, and John C. Harmon, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 975604. Calvin J. Weber, Petitioner v. Merit Systems Protec- tion Board. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 975643. Michael Sarga, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 975644. Roberta Ronique Bell, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 975655. Jeffery B. Durham, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 975659. Johnnie Louis McAlpine, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied.

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278 MONDAY, NOVEMBER 17, 1997 No. 975704. Elmer Strong, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 975962. Rogelio Rangel Hernandez, Petitioner v. Gary L. John- son, Director, Texas Department of Criminal Justice, Institutional Di- vision. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975975. Danny Harold Rolling, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 975983. Raymond Alford Bradford, Petitioner v. T. White, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976005. Don W. Lane, Petitioner v. National Data Corporation, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. No. 976010. Anthony Jones, Petitioner v. Odie Washington, Direc- tor, Illinois Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 976027. Denny Lee Calvin, Petitioner v. Gary L. Johnson, Di- rector, Texas Department of Criminal Justice, Institutional Division, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. No. 976030. Lee Momient-El, Petitioner v. George DeTella, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 976031. Edward Aldan Manalo, Petitioner v. Territory of Guam. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976036. Jeffrey David Brantley, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. No. 976044. Kamal B. Mahdavi, Petitioner v. One Hundred State, County and City Officials. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. No. 976048. Robert Allen Palo, Petitioner v. Terry Pitcher, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 976049. Frank Lynn Buchanan, Jr., Petitioner v. Alabama. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Ala- bama denied.

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MONDAY, NOVEMBER 17, 1997 279 No. 976050. Keith E. Wiggins, Petitioner v. Mike Pickett, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 976051. William Gregory Thomas, Petitioner v. Florida. Peti- tion for writ of certiorari to the Supreme Court of Florida denied. No. 976054. Yvonne Bonds, aka Diane Williams, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied. No. 976056. Santos Espinoza Cruz, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Ninth District, denied. No. 976058. Rubin Plancarte, Petitioner v. Ernie Roe, Warden. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976062. Warren J. Lewis, Petitioner v. Burl Cain, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976063. Paul H. Nunley, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. No. 976064. Amaziah D. Israel, Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 976065. Jerry VanDiver, Petitioner v. John Hawley, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 976068. Forest Dale Smith, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. No. 976071. Alaba Awofolu, Petitioner v. Los Angeles County Supe- rior Court, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 976072. Helen Buraczewska, Petitioner v. City of New York, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied. No. 976076. James E. Clark, Petitioner v. Maryland, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

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280 MONDAY, NOVEMBER 17, 1997 No. 976077. James Chapman, Petitioner v. Charles Kozakiewicz, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976081. Edward D. Hunter, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Ap- pellate District, denied. No. 976092. Ronnie Lee Bowling, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied. No. 976097. JiMing James Jyan, Petitioner v. Thomas N. Franko- vich, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976098. James D. Maciel, Petitioner v. James H. Gomez, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976099. Ken Eldon Lott, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 976101. Erick Doyle Jordan, Petitioner v. Donald A. Dorsey, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 976109. David Walker, Petitioner v. Martin L. Dragovich, Superintendent, State Correctional Institution at Mahanoy, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976115. William Cross, Petitioner v. Ronald J. Angelone, Direc- tor, Virginia Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976122. Richard C. Buchanan, Petitioner v. Charles D. Mar- shall, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976124. Wayne King, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 976132. Mark L. Legros, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Seneca County, denied. No. 976148. James L. Dixie, Petitioner v. Janet Reno, Attorney General, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 976149. Calvin Sisson, Petitioner v. Alexis Herman, Secretary of Labor, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

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MONDAY, NOVEMBER 17, 1997 281 No. 976236. Paul Lee Martin, Petitioner v. Donald Guillory, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976291. Gregory Raymond Ramus, Petitioner v. Immigration and Naturalization Service. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 976300. Theda Cammon, Petitioner v. Janet Reno, Attorney General. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976341. Marlon Dewayne Williams, Petitioner v. Ronald J. An- gelone, Director, Virginia Department of Corrections. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 976358. Thomas Ervin Payne, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976370. Ryan Jackson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976381. James Powell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976388. Calvin Harris, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 976390. Michael Glenn Denmark, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 976395. Tam Duy Nguyen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976408. Kenneth L. Allison, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 976409. Eduardo Villa Moreno, aka Javier Moreno, and Jesus Antonio Arrellin Dominguez, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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282 MONDAY, NOVEMBER 17, 1997 No. 976411. Harvey S. Jokinen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 976414. Jose Fernando Arteaga, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976416. Mondee Stracener, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976417. Charles Shay, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 976423. Miguel Angel Cuevas, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976427. Francisco SantaCruz-Naranjo, Petitioner v. United States; and No. 976443. Juan Hernandez-Garcia, Patitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976437. Charles Ray Polk, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976439. Donna Sue McDaniel, aka Donna Cooksey, aka Donna Sue Hanson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976440. Bennie McKinney, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 976441. Juvenile No. 1, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976444. Gilberto Izquierdo Cruz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976446. Anthony D. Barber, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

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MONDAY, NOVEMBER 17, 1997 283 No. 976449. Guadalupe Beltran-Bustamante, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976454. Alfonso Felix, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 976458. Nelson Javier Nevarez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976460. John Day Jakovich, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976461. Anthony Macklin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976465. Robert J. Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 976471. Rudy Martinez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976476. Aurora Magana De Godinez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976482. John W. Graves, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976483. John Edward Ehman, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976487. Leonard J. Hearn, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 976497. David Anthony Tristan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97462. Maryland, Petitioner v. Michael Patron Hughes. Motion of respondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the Court of Appeals of Maryland denied.

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284 MONDAY, NOVEMBER 17, 1997 Mandamus Denied No. 97523. In Re James N. Fleming, Petitioner; and No. 976114. In Re Elsa Ostergaard Hofmann, Petitioner. Petitions for writs of mandamus denied.

Rehearings Denied No. 961559. Charles Owens, Petitioner v. United States; No. 961926. Geraldine Williams, et vir, Petitioners v. Franklin First Federal Savings Bank, et al.; No. 969154. Arnold G. Wiedmer, Petitioner v. United States; No. 969194. Joseph E. Taylor, Petitioner v. Craig A. Hanks, Super- intendent, Wabash Valley Correctional Institute; No. 969431. John A. Mmahat, Petitioner v. United States; No. 97325. Juanita W. Childs, Petitioner v. PaineWebber Inc.; No. 975408. Matthew Joseph Sikora, Jr., Petitioner v. Frank Hop- kins, et al.; and No. 975516. Gurdev Multani, Petitioner v. Newsweek, Inc., et al. Petitions for rehearing denied, No. 967883. Eddie Barrett, Petitioner v. Christopher Artuz, Super- intendent, Green Haven Correctional Facility. Motion for leave to file a petition for rehearing denied. No. 975296. Karon Ann Parham, Petitioner v. Coca-Cola Company. Petition for rehearing denied. Justice Breyer took no part in the consid- eration or decision of this petition.

Attorney Discipline No. D1858. In the Matter of Philip Irwin Aaron. Philip Irwin Aaron, of Syosset, New York, 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 the practice of law before this Court. The Rule to Show Cause, issued on October 14, 1997, is discharged. No. D1872. In the Matter of Disbarment of Dollie Stafford Manns. Dollie Stafford Manns, of Bloomington, Indiana, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring her to show cause why she should not be disbarred from the practice of law in this Court. No. D1873. In the Matter of Disbarment of John E. Grzybek. John E. Grzybek, of St. Paul, Minnesota, is suspended from the practice of

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MONDAY, NOVEMBER 17, 1997 285 law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1874. In the Matter of Disbarment of Daniel Richard Fruit- bine. Daniel Richard Fruitbine, of New York, New York, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1875. In the Matter of Disbarment of John F. Felton. John F. Felton, of New York, New York, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

Admissions to the Bar on Written Motions Applicant City and State Movant Shari Lynn Allison Las Cruces, NM Barbara A. Mandel William Joseph Arzbaecher, Sacramento, CA Quin Denvir III Stephen Daniel Benson Colorado Springs, Daniel Harper CO Benson Edward F. Bezdecki Toms River, NJ Stuart David Snyder Michael Boysie Billingsley Birmingham, AL John Gibbs Robert C. Brown Nashua, MT Brendon J. Rohan Robert H. Brown Evansville, IN Harry P. Dees Lynn Anne Bulan Washington, DC Stewart A. Block Sharon R. Burger Boston, MA Daniel J. Gleason Nancy Chang New York, NY Arthur Kinoy Anthony Scott Chinn Indianapolis, IN David Frank Hamilton Jean Constantine-Davis Washington, DC Mark Joseph MacDougall Larry E. Craven Montgomery, AL Michael R. White Donald L. Cross Phoenix, AZ Harry J. Cavanagh Robin Bruce DeBell Springfield, OH James Harry Lagos Reagan Walter Dean Marietta, GA Allen Russell Hirons Thomas F. Dowd Omaha, NE Robert V. Broom

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286 MONDAY, NOVEMBER 17, 1997

Applicant City and State Movant Shari Lynette Dunn Milwaukee, WI Donald M. Saunders John C. Evans Pittsburgh, PA Howard A. Specter Jon Goldman Evansville, IN Harry P. Dees Gary Steven Grubacich Santa Barbara, Thomas R. Adams CA Rebecca Elizabeth Rockwall, TX Allan G. King Hamilton David M. Hammer Martinsburg, WV Harry P. Waddell Robert Thomas Harper Pittsburgh, PA Michael Joseph Manzo David C. Henderson Boston, MA Daniel J. Gleason Jon Marc Henning Fort Lauderdale, Malvin Englander FL Kathleen F. Hobson New Orleans, LA Frederick William Bradley Paul W. Hodes Concord, NH Martin L. Gross Clark W. Holesinger Valparaiso, IN Ronald P. Kuker Herman Maddox Kilgore Atlanta, GA Paula Khristian Smith Alisa B. Klein Washington, DC Honorable Ruth Bader Ginsburg, Associate Justice of the Supreme Court Dale R. Lee Baton Rouge, LA Monisa Leola Thompson Tobe M. Lev Orlando, FL Joseph Egan, Jr. Andrew S. Love San Francisco, CA Wendy C. Peoples David Michael Lubitz Washington, DC Peter Buscemi John Thomas Maguire, II Westminster, MD Charles David Hollman David J. Manogue Pittsburgh, PA Howard A. Specter Kerry Franklin Partridge Rockford, IL Kathleen Elliott Nina C. Remson Hackensack, NJ Kevin Gregory Roe Jody Lynn Rudman Dallas, TX Javier Aguilar

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MONDAY, NOVEMBER 17, 1997 287

Applicant City and State Movant Robert Joseph Schiavoni Martinsburg, WV Harry P. Waddell Steven Shobat Chicago, IL Robert Gilbert Johnston Peter J. Sigiols Chicago, IL Bettina Marchlewski Gembala Nina Fay Simon Washington, DC Mark Joseph MacDougall Craig David Stein Fort Lauderdale, Jack Stein FL Mark Alan Tepper Fort Lauderdale, Jeffrey Mark FL Weissman Ivelisse Torres Shrewsbury, NJ David P. Corrigan Katharine Christine Weber Cincinnati, OH Robert Joseph Hollingsworth James Morrissey Whisman Seattle, WA Cynthia S.C. Gannett Todd William White Rockwall, TX Allan G. King

Admissions to the Bar on Oral Motions Applicant City and State Movant Mark E. Goodson Washington, DC L. Aubrey Goodson, Jr. Scott Rhead Shepherd Swarthmore, PA M. Miller Baker Jennie Elizabeth Poore Fort Lauderdale, Sam S. FL Crutchfield, Jr. Greg Ross Fort Lauderdale, Sam S. FL Crutchfield, Jr. Joseph Michael Sciandra Fort Lauderdale, Sam S. FL Crutchfield, Jr. David Warren Andreas Winfield, KS Ronald D. Smith J. Eugene Balloun Overland Park, Ronald D. Smith KS Roy S. Bennett, Jr. Shawnee, KS Ronald D. Smith Kevin L. Bennett Overland Park, Ronald D. Smith KS Melanie J. Branham Overland Park,, Ronald D. Smith KS Ray H. Calihan, Jr. Garden City, KS Ronald D. Smith Paula Kidd Casey Wichita, KS Ronald D. Smith

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288 MONDAY, NOVEMBER 17, 1997

Applicant City and State Movant Stephen W. Cavanaugh Topeka, KS Ronald D. Smith William Colvin Overland Park, Ronald D. Smith KS Sue Ellen Folsom DeVoe Carbondale, KS Ronald D. Smith James Robert Deckert Kansas City, MO Ronald D. Smith Suzanne R. Dwyer Wichita, KS Ronald D. Smith Sheila J. Floodman Wichita, KS Ronald D. Smith Linda J. Fund Hoyt, KS Ronald D. Smith Yvette Leerskov Gardner Wichita, KS Ronald D. Smith Albert E. Grauberger Kansas City, KS Ronald D. Smith Roger C. Green El Dorado, KS Ronald D. Smith Robert Milton Green El Dorado, KS Ronald D. Smith Robert Leon Heath Wichita, KS Ronald D. Smith Claude Sherman Heath, III Leoti, KS Ronald D. Smith Mark V. Heitz Topeka, KS Ronald D. Smith Martha J. Hodgesmith Topeka, KS Ronald D. Smith Charles D. Johnson McPherson, KS Ronald D. Smith Jennifer Johnson Kinzel McPherson, KS Ronald D. Smith Michael Lee Koon Leawood, KS Ronald D. Smith Philip T. Kyle Jetmore, KS Ronald D. Smith Karen Sinclair Kyle Jetmore, KS Ronald D. Smith Gerald J. Letourneau Topeka, KS Ronald D. Smith Claire Kramer McCurdy Kansas City, MO Ronald D. Smith John E. McElroy, III Topeka, KS Ronald D. Smith Michael H. Miller Topeka, KS Ronald D. Smith Kathleen Neff Topeka, KS Ronald D. Smith Harold Doyle Oelschlaeger Topeka, KS Ronald D. Smith Craig Robert Richey Pittsburg, KS Ronald D. Smith Julie Elizabeth Richey Pittsburg, KS Ronald D. Smith Cheryl Jean Roberts Wichita, KS Ronald D. Smith Steven Brett Salmon Kansas City, MO Ronald D. Smith Phillip H. Schuley Overland Park, Ronald D. Smith KS Susette Marie Jacobs Wichita, KS Ronald D. Smith Schwartz Veronica Ruth Sellers Kansas City, MO Ronald D. Smith Jere D. Sellers Kansas City, MO Ronald D. Smith John Norval Sherman, Jr. Chanute, KS Ronald D. Smith William Wayne Sneed Topeka, KS Ronald D. Smith

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MONDAY, NOVEMBER 17, 1997 289

Applicant City and State Movant Warren R. Southard Wichita, KS Ronald D. Smith Todd N. Thompson Lawrence, KS Ronald D. Smith John Clinton Tillotson Leavenworth, KS Ronald D. Smith Leo R. Wetta Wichita, KS Ronald D. Smith Richard Alan Wieland Wichita, KS Ronald D. Smith John David Wong Wichita, KS Ronald D. Smith Dorothy Lou Crisp Ventura, CA Urban A. Lester Jeffrey William Hartigan Hartford, CT Urban A. Lester Arnold Susan Elizabeth Nugent Hamden, CT Urban A. Lester Kathleen Blake Asdorian Washington, DC Urban A. Lester Gilbert W. Boyce Washington, DC Urban A. Lester Barbara Eleanor Brown Odenton, MD Urban A. Lester Stacy Lyn Brustin Washington, DC Urban A. Lester Clifford Thomas Keenan Washington, DC Urban A. Lester Peggy Ann Phillips Washington, DC Urban A. Lester Joseph M. Sandri, Jr. Washington, DC Urban A. Lester Paul V. Waters Washington, DC Urban A. Lester Patrick L. Coughlin Washington, DC Urban A. Lester Christine Donelian Washington, DC Urban A. Lester Coughlin James A. Donnelly, Jr. Tiverton, RI Urban A. Lester Karen Hope Abrams Leonardtown, MD Urban A. Lester Paul Andrew D'Amico, Jr. Annapolis, MD Urban A. Lester Denise M. D'Avella Washington, DC Urban A. Lester Apurva Drupad Desai Highland, MD Urban A. Lester Patrick William Dragga Potomac, MD Urban A. Lester Karen Lynn Grubber Great Mills, MD Urban A. Lester Regina Therese Jefferson Washington, DC Urban A. Lester Brian F. Kennedy Bethesda, MD Urban A. Lester Alfred A. Lacer Lexington Park, Urban A. Lester MD Julie Glass Martin Rockville, MD Urban A. Lester William Joseph Monks Upper Marlboro, Urban A. Lester MD Aetna Thompson Rockville, MD Urban A. Lester David Andrew Sebastian Birmingham, MI Urban A. Lester Kenneth DiVito Philadelphia, PA Urban A. Lester Peggy Nelson Big Eagle Stillwater, OK Urban A. Lester

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290 MONDAY, NOVEMBER 17, 1997

Applicant City and State Movant

Alfred D. Cooper, Sr. Elmont, NY Urban A. Lester Linda Joyce Beckles Washington, DC Urban A. Lester Anatolio Benedicto Cruz, Washington, DC Urban A. Lester III Holly Lane Hagen Washington, DC Urban A. Lester Troy Richard Holroyd Washington, DC Urban A. Lester Suzanne F. Gisler Metzler Washington, DC Urban A. Lester Marian Karns Agnew McLean, VA Urban A. Lester James Francis Browne Alexandria, VA Urban A. Lester Cynthia Kaplan Revesman Herndon, VA Urban A. Lester Patricia Ann Weth Arlington, VA Urban A. Lester Martha Jane Patton Birmingham, AL Phyllis Cynthia Solomon Helen Perry Grimwood Phoenix, AZ Phyllis Cynthia Solomon Nancy J. Newman San Francisco, CA Phyllis Cynthia Solomon Suzanne C. Lecampagne Portland, OR Phyllis Cynthia Solomon Nell Graham Sale Wilmington, DE Phyllis Cynthia Solomon Michelle A. McGovern Woodward, IA Phyllis Cynthia Solomon Linda A. Whittaker Muscatine, IA Phyllis Cynthia Solomon Margaret Amy LeBlanc New Orleans, LA Phyllis Cynthia Solomon Jane E. Tewksbury Boston, MA Phyllis Cynthia Solomon Leslie Miller Altman Minnetonka, MN Phyllis Cynthia Solomon Rondolyn Rae Rauch Albuquerque, NM Phyllis Cynthia O'Brien Solomon Kathleen Jane England Las Vegas, NV Phyllis Cynthia Solomon Susan Diane Rynerson Portland, OR Phyllis Cynthia Solomon Anne Clayton Martin Nashville, TN Phyllis Cynthia Solomon

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MONDAY, NOVEMBER 17, 1997 291

Applicant City and State Movant J. Lee Baldwin Dallas, TX Phyllis Cynthia Solomon Mary Katherine Wolverton Milwaukee, WI Phyllis Cynthia Solomon

Adjourned until Monday, December 1, 1997, at 10 oclock.

Certiorari Denied No. 976718. Durlyn Eddmonds, Petitioner v. Illinois. Application for stay of execution of sentence of death presented to Justice Stevens and by him referred to the Court denied. Petition for writ of certiorari to the Supreme Court of Illinois denied.

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(JOURNAL) TUESDAY, NOVEMBER 18, 1997 293 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Certiorari Denied No. 976708. Gary Burris, Petitioner v. Al C. Parke, Superintendent, Indiana State Prison. Application for stay of execution of sentence of death presented to Justice Stevens and by him referred to the Court denied. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice Stevens, Justice Souter, and Justice Ginsburg would grant the application for stay of execution and the petition for a writ of certiorari.

Certiorari Denied No. 976780. Walter Stewart, Petitioner v. Jerry Gilmore, Warden. Application for stay of execution of sentence of death presented to Justice Stevens and by him referred to the Court denied. Petition for a writ of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied.

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(JOURNAL) WEDNESDAY, NOVEMBER 19, 1997 295 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Certiorari Denied No. 976790. Gary Burris, Petitioner v. Al C. Parke, Superintendent, Indiana State Prison. Application for stay of execution of sentence of death presented to Justice Stevens and by him referred to the Court denied. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

Order in Pending Case No. 97746. General Motors Corporation, Petitioner v. Valorie Lynn Grear and Paul C. Nordberg; and In Re General Motors Corporation, Petitioner. Application for stay of presented to Justice Stevens and by him referred to the Court denied.

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(JOURNAL) FRIDAY, NOVEMBER 21, 1997 297 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Rehearing Denied No. 975179. Charlie Livingston, Petitioner v. Gary L. Johnson, Di- rector, Texas Department of Criminal Justice, Institutional Division. Application for stay of execution of sentence of death presented to Justice Scalia and by him referred to the Court denied. Petition for rehearing denied.

Order in Pending Case No. 968516. Kenneth Eugene Bousley, Petitioner v. Joseph M. Brooks, Warden. Thomas C. Walsh, Esquire, of St. Louis, Missouri, is invited to brief and argue this case as amicus curiae in support of the judgment below.

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(JOURNAL) WEDNESDAY, NOVEMBER 26, 1997 299 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Certiorari Granted

No. 97156. Randon Bragdon, Petitioner v. Sidney Abbott, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the First Circuit granted limited to Questions 1, 2, and 3 presented by the petition. Brief of petitioner to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, January 9, 1998. Brief of respondents to be filed with the Clerk and served upon oppos- ing counsel on or before 3 p.m., Friday, February 6, 1998. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, March 6, 1998. Rule 29.2 does not apply. No. 97371. National Endowment For The Arts, et al., Petitioners v. Karen Finley, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted. Brief of the Solicitor General to be filed with the Clerk and served upon opposing counsel on or before, 3 p.m., Friday, January 9, 1998. Brief of respond- ents to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, February 6, 1998. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, March 6, 1998. Rule 29.2 does not apply. No. 97428. Air Line Pilots Association, Petitioner v. Robert A. Miller, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit granted limited to Ques- tion 1 presented by the petition. Brief of petitioner to be filed with the the Clerk and served upon opposing counsel on or before 3 p.m., Friday, January 9, 1998. Brief of respondents to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, February 6, 1998. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, March 6, 1998. Rule 29.2 does not apply. No. 97581. Pennsylvania Board of Probation and Parole, Petitioner v. Keith M. Scott. Motion of respondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Middle District, granted limited to Question 1 pre-

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300 WEDNESDAY, NOVEMBER 26, 1997 sented by the petition. In addition to this question, the parties are invited to brief and argue the following question: Must a search of a parolee's residence be based on reasonable suspicion to be valid under the Fourth Amendment where the parolee has consented to searches as a condition of his parole? Brief of petitioner to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, January 9, 1998. Brief of respondent to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, February 6, 1998. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, March 6, 1998. Rule 29.2 does not apply.

Certiorari Denied No. 976860. Robert E. Williams, Petitioner v. Nebraska. Applica- tion for stay of execution of sentence of death presented to Justice Thomas and by him referred to the Court denied. Petition for writ of certiorari to the Supreme Court of Nebraska denied.

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(JOURNAL) MONDAY, DECEMBER 1, 1997 301 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer. The Chief Justice said: "Today's orders of the Court have been certified by The Chief Jus- tice, filed with the Clerk, and will not be announced orally."

Orders in Pending Cases No. M27. Western Mohegan Tribe & Nation of New York, Peti- tioner v. United States, State of New Jersey, and State of New York. Motion seeking leave to invoke the Court's original jurisdiction denied. No. M28. Loren D. Long, Petitioner v. The Fund Manager, et al. Motion to direct the Clerk to file a petition for a writ of certiorari out- of-time denied. No. 120, Original. State of New Jersey, Plaintiff v. State of New York. Motion of Western Mohegan Tribe & Nation of New York for leave to file a brief as amicus curiae denied. No. 96827. Leonard Rollon Crawford-El, Petitioner v. Patricia Brit- ton. Motion of respondent for reallocation of oral argument time granted, and the time is to be divided as follows: 20 minutes for re- spondent and 10 minutes for the Solicitor General as amicus curiae. No. 961337. County of Sacramento, et al., Petitioners v. Teri Lewis and Thomas Lewis, Personal Representatives of the Estate of Philip Lewis, Deceased. Motion of Gabriel Torres, et al., for leave to partici- pate in oral argument as amici curiae and for divided argument denied. No. 961768. C. Elvin Feltner, Jr., Petitioner v. Columbia Pictures Television, Inc. Motion of Howard B. Abrams for leave to file a brief as amicus curiae granted. No. 968732. Vincent Edwards, Reynolds A. Wintersmith, Horace Joiner, Karl V. Fort, and Joseph Tidwell, Petitioners v. United States. Motion for appointment of counsel granted, and it is ordered that Ste- ven Shobat, Esquire, of Chicago, Illinois, is appointed to serve as coun- sel for the petitioner Karl V. Fort in this case. No. 969413. In Re Melvin Leroy Tyler, Petitioner. Motion of peti- tioner for reconsideration of the order denying leave to proceed in forma pauperis denied.

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302 MONDAY, DECEMBER 1, 1997 No. 969513. Lorenzo Arteaga, Petitioner v. California. Motion of petitioner for reconsideration of the order denying leave to proceed in forma pauperis denied. No. 97303. Humana Inc., et al., Petitioners v. Mary Forsyth, et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States. No. 976272. John M. Vrettos, Petitioner v. Plainfield Post Office, et al. Motion of petitioner for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner is allowed until December 22, 1997, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.

Certiorari Denied

No. 968868. Peter Anthony Cantu, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 97129. L. L. Sawyer, Judge, Jackson County Circuit Court, Petitioner v. Oregon, ex rel., Mark Huddleston, District Attorney of Jackson County. Petition for writ of certiorari to the Supreme Court of Oregon denied. No. 97151. Kevin Christian, Brian Helland, and Larry Kipping, Petitioners v. City of Gladstone. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97308. Pikeville United Methodist Hospital of Kentucky, Inc., Petitioner v. United Steelworkers of America, AFL-CIO, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97326. Orleans Parish School Board, Petitioner v. United States Gypsum Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97328. Truth Seeker Company, Inc., et al., Petitioners v. John G. Jackson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97335. Harlan D. Vander Zee, Petitioner v. Janet Reno, Attor- ney General, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97339. Michigan Mutual Insurance Company, Subrogee of Cen- ter Manufacturing, Inc., Petitioner v. Osram Sylvania, Inc., fka GTE Products Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

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MONDAY, DECEMBER 1, 1997 303 No. 97346. Zeta Chi Fraternity, Petitioner v. New Hampshire. Peti- tion for writ of certiorari to the Supreme Court of New Hampshire denied. No. 97355. Michael Lee Finerty, et al., Petitioners v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 97359. C. K. Greenwood, et al., Petitioners v. Societe Francaise de Transportes Maritime, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97367. Eugene Lumpkin, Jr., Petitioner v. Willie L. Brown, Mayor, City and County of San Francisco, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97373. William Van Poyck, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 97403. Daniel Johnson, etc., Petitioner v. Victor Rodriguez, Chairman, Texas Board of Pardons and Paroles, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Cir- cuit denied. No. 97435. Elmer Ritter, et ux., Petitioners v. Peggy S. Ross, Rock County Treasurer, and Rock County. Petition for writ of certiorari to the Court of Appeals of Wisconsin, District IV, denied. No. 97439. Ernest L. Jarrett, Petitioner v. Rose Mary Green, Per- sonal Representative of the Estate of Malice Wayne Green, Deceased, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 97503. Paul D. Johnson, et al., etc., Petitioners v. David Knowles, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97504. Mary Forsyth, et al., Petitioners v. Humana Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97508. Doug Mockett & Company, Inc., Petitioner v. Roger Plumley. Petition for writ of certiorari to the Court of Appeal of Cali- fornia, Second Appellate District, denied. No. 97514. Cadle Company, Petitioner v. Amelia P. Johnson. Peti- tion for writ of certiorari to the Court of Civil Appeals of Alabama denied.

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304 MONDAY, DECEMBER 1, 1997 No. 97528. Barbara Guneratne, Petitioner v. St. Mary's Hospital. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97533. Shell Oil Company, Petitioner v. Studiengesellschaft Kohle M. B. H. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 97539. Billie M. Ireland, Petitioner v. Gary L. Tunis, Richard Thompson, John Meiers, and Richard D. Kuhn. Petition for writ of cer- tiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97540. ZYZY, Inc., et al., Petitioners v. City of Eagle Pass, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97542. Thomas Bertram Dixson, Petitioner v. Andrea A. Ruff, Trustee. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97544. Nova Designs, Inc., dba Performance Diver, Petitioner v. Electronics Instrumentation and Technology, Incorporated, and Beu- chat USA, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97546. Figter Limited, Petitioner v. Teachers Insurance and Annuity Association of America. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97547. Jan Casey, Petitioner v. Arizona Mail Order, et al. Peti- tion for writ of certiorari to the Court of Appeals of Arizona, Division Two, denied. No. 97549. Fred Davis, Petitioner v. Board of Assessors of the Town of Raynham. Petition for writ of certiorari to the Appeals Court of Massachusetts denied. No. 97551. John M. Barge, et ux., Petitioners v. St. Paul Fire and Marine Insurance Company. Petition for writ of certiorari to the Court of Appeals of Georgia denied. No. 97553. Decharleuno J. Hall, Petitioner v. Atlanta Public School System. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97554. James E. Tucker, Petitioner v. Marilyn Outwater. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

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MONDAY, DECEMBER 1, 1997 305 No. 97556. Sundstrand Corporation, Petitioner v. Ronald Black- burn, et ux. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97560. Stephen Michael Ridder, Petitioner v. City of Spring- field, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97561. Lenora Spain, et al., Petitioners v. Demetrios Haseotes, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the First Circuit denied. No. 97562. Russell Billiot, et ux., Petitioners v. Louisiana, in the Interest of Jeremiah Billiot, Daniel Billiot, David Billiot, and Rachel Billiot. Petition for writ of certiorari to the District Court of Louisiana, 32nd Judicial District, denied. No. 97563. Marc Forman, Guy Vanderpool, and William Dix, Peti- tioners v. City of Richmond, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97565. Abel Bernard Medina, et al., Petitioners v. Edward Miller, Agent, California Department of Justice, Bureau of Narcotics, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 97566. Gabriel Rubinstein, Petitioner v. Ramapo College, et al. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. No. 97572. Thomas Cyr and Kevin Capper, Petitioners v. City of Dallas, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97574. Edward G. Tinsley, Petitioner v. TRW Incorporated and Equifax Credit Information Services, Incorporated. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97578. Jenice Torres, Petitioner v. Leonard Pisano, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97588. Ira Van Harris, Petitioner v. New Jersey. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Divi- sion, denied. No. 97592. Frank J. Camoscio, Petitioner v. Jorge Quiroga and Paul Lewis. Petition for writ of certiorari to the Appeals Court of Massachu- setts denied.

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306 MONDAY, DECEMBER 1, 1997 No. 97598. Arthur G. Muegler, Jr., Petitioner v. Alfred W. Harre and David Bening. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97599. John Doe, by and Through His Parents and Next Friends, Jane Doe, et vir, etc., Petitioner v. Board of Education of Oak Park & River Forest High School District 200, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97608. Joseph Richard Redner, Petitioner v. City of Tampa, et al. Petition for writ of certiorari to the District Court of Appeal of Florida, Second District, denied. No. 97609. Mary E. Howard, Petitioner v. Lawrence D. Gaughan. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 97616. Thomas M. Bonanno, Petitioner v. Department of Labor. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97624. John Michael Cerceo, et al., Petitioners v. William E. Shmidheiser, III. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97630. Blueprint Engines, Inc., Petitioner v. Jadair Incorpo- rated, et al. Petition for writ of certiorari to the Supreme Court of Wisconsin denied. No. 97665. Marshall C. Spiegel, Petitioner v. Daniel M. Rabinovitz. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97667. Harry P. Miller, Petitioner v. Larry Silverstein, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97685. Glenn R. Waite, Petitioner v. W. Scott Carpenter, et al. Petition for writ of certiorari to the Court of Appeals of Nebraska denied. No. 97695. John S. Faria, Petitioner v. R. Gary Clark, Tax Adminis- trator of Rhode Island. Petition for writ of certiorari to the District Court of Rhode Island denied. No. 97713. Steven D. Donovan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97716. John Mayo, Petitioner v. Texas. Petition for writ of cer- tiorari to the Court of Criminal Appeals of Texas denied.

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MONDAY, DECEMBER 1, 1997 307 No. 97718. Richard Gonzales Reynolds, etc., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97724. James J. Marcello and Anthony C. Zizzo, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97725. Rehab Amer, et ux., Petitioners v. Michigan Family In- dependence Agency. Petition for writ of certiorari to the Court of Ap- peals of Michigan denied. No. 97728. David Eugene Hall, Petitioner v. Charles Hipps, Jackson County District Attorney, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97732. Richard L. Steagall, Petitioner v. United States District Court for the Central District of Illinois, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Cir- cuit denied. No. 97734. Wesley A. Smith, Petitioner v. Rick J. Lang. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97736. Michael Gentry, Petitioner v. Tennessee. Petition for writ of certiorari to the Supreme Court of Tennessee, Middle Division, denied. No. 97739. Lisa J. Montague, Petitioner v. Togo West, Secretary of the Army, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 975328. Russell Cox, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern Dis- trict, denied. No. 975699. Steve Jimenez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975727. Victor Lugo, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 975732. Henry Eugene Hodges, Petitioner v. Tennessee. Peti- tion for writ of certiorari to the Supreme Court of Tennessee, Middle Division, denied. No. 975742. Dennis J. Skillicorn, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied.

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308 MONDAY, DECEMBER 1, 1997 No. 975757. Willie Frank Gravette, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975784. Charlie Glenn Cook, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975794. Richard Alston, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 975846. Raymond Burgess, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 975891. Jack Harrison Trawick, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. No. 975903. Daniel Greene, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. No. 975995. Alfred Norde, Petitioner v. Benjamin Ward, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 976087. Dan C. Fore, Petitioner v. Denny's Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976088. Diane R. Pyles, et vir, Petitioners v. OCI Mortgage Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976093. William Childers, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Franklin County, denied. No. 976104. Edward T. James, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 976113. Khalif Abdul-Amlik Ali, Petitioner v. United States District Court for the Central District of California. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Cir- cuit denied. No. 976117. Tony Mathis, Petitioner v. Angelo Ciambrone, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 976118. Zollie R. Long, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Hamilton County, denied.

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MONDAY, DECEMBER 1, 1997 309 No. 976125. Timothy L. Hanson, Petitioner v. Pennsylvania. Peti- tion for writ of certiorari to the Supreme Court of Pennsylvania, West- ern District, denied. No. 976128. Vincent Faustino Rivera, Petitioner v. Omar Arocho. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976131. Edward Maxwell, Petitioner v. Hugo Saenz, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 976133. Irene G. Wheeler Lloyd, Petitioner v. Prudential Insur- ance Company of America, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 976134. Richard A. Barker, Petitioner v. James H. Gomez, Di- rector, California Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976140. Jimmy Shane Click, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied. No. 976144. Walter J. Koon, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. No. 976145. Julius Randolph Blaine Johnson, Petitioner v. David Johnson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976157. Ernest Edwards, Petitioner v. Thomas A. Carlson, Judge, United States District Court for Eastern District of Michigan. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 976158. Annetta Galbreath, Petitioner v. New York City Board of Education. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 976166. Heath William Burch, Petitioner v. Maryland. Petition for writ of certiorari to the Court of Appeals of Maryland denied. No. 976169. Lester Young, Jr., Petitioner v. Michael W. Moore, Di- rector, South Carolina Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976170. Stacey Anthony Tyler, Petitioner v. North Carolina. Petition for writ of certiorari to the Supreme Court of North Caro- lina denied.

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310 MONDAY, DECEMBER 1, 1997 No. 976172. Howard A. Woods, Petitioner v. CNA Insurance Com- pany, et al. Petition for writ of certiorari to the Court of Appeals of Tennessee, Western Division, denied. No. 976173. Glenda S. Wells, Petitioner v. Dale M. Wells. Petition for writ of certiorari to the Court of Appeals of Colorado denied. No. 976178. James Seuffer, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 976181. Michael Wayne Davis, Petitioner v. Arizona. Petition for writ of certiorari to the Court of Appeals of Arizona, Division Two, denied. No. 976189. Nevel Heslop, Petitioner v. Willis Morton, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976191. Matthew Pritchett, Petitioner v. Terry Pitcher, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 976192. Lacey Sivak, Petitioner v. Idaho, et al. Petition for writ of certiorari to the Supreme Court of Idaho denied. No. 976194. Jean Marie Mostek Pruett Martinez and Clory Jean Mostek, Petitioners v. Michigan. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 976195. Ledell Lee, Petitioner v. Arkansas. Petition for writ of certiorari to the Supreme Court of Arkansas denied. No. 976204. James David Rich, Petitioner v. North Carolina. Peti- tion for writ of certiorari to the Supreme Court of North Carolina denied. No. 976208. Yazmin Rijos, Petitioner v. Delta Airlines, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976209. Tommy Ray Mosley, Petitioner v. Larry Norris, Direc- tor, Arkansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976210. Heriberto Loya, Jr., Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 976212. Milford Mason, Petitioner v. Herald Mail Company; and Milford Mason, Petitioner v. Carl F. Creeden. Petition for writ of cer- tiorari to the United States Court of Appeals for the Fourth Circuit denied.

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MONDAY, DECEMBER 1, 1997 311 No. 976224. Robert McCartney, Petitioner v. Louisiana. Petition for writ of certiorari to the Court of Appeal of Louisiana, Third Circuit, denied. No. 976229. Billy Roy Tyler, Petitioner v. United States District Court for the District of Nebraska. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976230. David York, Petitioner v. David H. Larkins, Superin- tendent, State Correctional Institution at Dallas. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976234. Robert Ayala, Petitioner v. New York. Petition for writ of certiorari to the Court of Appeals of New York denied. No. 976237. Duane Owen, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 976238. Jack Jones, Jr., Petitioner v. Arkansas. Petition for writ of certiorari to the Supreme Court of Arkansas denied. No. 976240. Theresia Powell, Petitioner v. Wal-Mart, Inc. Petition for writ of certiorari to the Court of Appeal of Louisiana, Third Cir- cuit, denied. No. 976241. Kenneth Biros, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 976244. Bennie Lee Griffin, Petitioner v. Commissioner of In- ternal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 976247. Eddie Griffin, Petitioner v. Joseph D. Lehman, Commis- sioner, Pennsylvania Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Cir- cuit denied. No. 976253. James Smith, Petitioner v. Ohio Department of Human Services. Petition for writ of certiorari to the Court of Appeals of Ohio, Clermont County, denied. No. 976260. Fred G. Labankoff and Swetlana Labankoff, Petitioners v. Michael G. Page, et al. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied. No. 976262. Bechara Jamhoury, Petitioner v. Raymond Drake, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

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312 MONDAY, DECEMBER 1, 1997 No. 976263. Carlos Eugene Jordan, Petitioner v. Pamela Withrow, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 976264. George Dunbar Prewitt, Jr., Petitioner v. Rodney Hug- gins, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976271. Thomas J. Waters, Petitioner v. David Dormire, Super- intendent, Jefferson City Correctional Center, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976276. Paul Lancaster, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth Dis- trict, denied. No. 976277. Lucrecia Lynn Monroe, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976297. Richard Fabian, Petitioner v. City of Miami. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976302. Kim Blandino, Petitioner v. Nevada. Petition for writ of certiorari to the Supreme Court of Nevada denied. No. 976326. Edward James Demarey, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 976333. Gary M. Wade, Petitioner v. West Virginia. Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied. No. 976336. Harold Scott, Petitioner v. Glenn S. Goord, Commis- sioner, New York Department of Correctional Services, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 976340. Billy F. Johnson, Petitioner v. Leslie L. Woods, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976356. Ronnie John Smith, Petitioner v. California. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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MONDAY, DECEMBER 1, 1997 313 No. 976359. James Quinn, Petitioner v. West Virginia. Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied. No. 976363. Lewis J. Atley, aka Gary J. Semeniuk, Petitioner v. Iowa. Petition for writ of certiorari to the Supreme Court of Iowa denied. No. 976384. Eric E. Longest, Petitioner v. John H. Dalton, Secre- tary of the Navy, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 976387. Nathanael Roman, Petitioner v. Department of the Army. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 976391. Peter C. Formica, Petitioner v. Town of Huntington, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 976399. Daniel Mitchell, Petitioner v. Juvenile Department of Multnomah County, Oregon. Petition for writ of certiorari to the Su- preme Court of Oregon denied. No. 976403. James Vernon Tucker, Petitioner v. South Carolina, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976406. Sandra A. Eidson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976415. Patricia Cosgrove, Petitioner v. Sears, Roebuck and Company. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 976421. Clarine Stephens, Petitioner v. Sheila E. Widnall, Sec- retary of the Air Force. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 976425. Shawn Gregory Smith, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976430. Mark Anthony Dudonis, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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314 MONDAY, DECEMBER 1, 1997 No. 976450. Jerome E. Heinemann, Petitioner v. The Pocahontas Times, et al. Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied. No. 976451. Michael Allen Dunn, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976468. Charles Henry Edward Smith, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976469. Vondella Crawford, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 976470. Ronald Constable, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976473. Stanley Solomon, Petitioner v. Michael P. Dolan, Acting Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 976475. Ronald P. Reed, Petitioner v. Gary L. Johnson, Direc- tor, Texas Department of Criminal Justice, Institutional Division. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976478. Michael Hawkins, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976484. Peter Simpson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976495. Ruben Martinez, Petitioner v. Rodney E. Slater, Secre- tary of Transportation. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 976498. Carroll Dean Williams, Petitioner v. Donald Cunning- ham, Sheriff Deputy, Ventura County, California, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Cir- cuit denied. No. 976500. Ian Palmer, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

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MONDAY, DECEMBER 1, 1997 315 No. 976506. John Wesley Paul, Petitioner v. Sandra McFadin, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 976507. Earl Robinson, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 976512. Jesus Arzola-Anaya, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976514. Sergey Gutmans, aka Toby, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976521. James D. Adams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976522. Anslem Ogike, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976523. Octavio Font Ramirez, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 976524. Jeffrey L. Spruill, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976525. Craig Daniel Perry, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976526. Reggie L. Rivers, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 976529. Ernest Eugene Richardson, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976534. Edward Williams, Bernard Green, Roland Lewis, Je- rome Crowder, Thomas Bates, and Louis Hoover, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 976535. Lesliedawn Clark, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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316 MONDAY, DECEMBER 1, 1997 No. 976536. Jim Lee Shepherd, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976539. Cyrus R. Sanders, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976542. Carlos Cantillo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976547. David Meyers, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 976549. Jose Monllor, Petitioner fi-v- United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976551. Thomas Jeffrey Morrison, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976552. Scott Konop, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 976556. James Kevin Stiles, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976560. David Vargas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 976562. Domingo Antonio Lagos, aka Mingo, aka Tony, Peti- tioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976563. Gregory Vonzell Comer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976569. David Mueller Elam, Petitioner v. Florida, et al. Peti- tion for writ of certiorari to the District Court of Appeal of Florida, Fifth District, denied. No. 976570. Samuel Enrique Garcia, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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MONDAY, DECEMBER 1, 1997 317 No. 976571. Donald W. Wright, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976572. Cedric Griffin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 976577. John Shorter, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 976578. Kirk Bovie, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 976579. Warren F. Cotner, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976580. Marino Ramirez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976581. Augustine Daniel Roybal, Petitioner v. John Shanks, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 976585. Kevin L. Mosley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976588. Gustavo Grajales-Montoya, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976592. Garry Wayne Hays, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 976595. John W. Peckham, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976599. Danny K. Slepski, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97289. Tana Wood, Superintendent, Walla Walla State Peniten- tiary, Petitioner v. Patrick James Jeffries. Motion of respondent for

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318 MONDAY, DECEMBER 1, 1997 leave to proceed in forma pauperis granted. Petition for writ of certio- rari to the United States Court of Appeals for the Ninth Circuit denied. No. 97478. Structural Fibers, Inc., and Essef Corporation, Petition- ers v. James Kulch. Motion of respondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 97527. David Trippett, Petitioner v. James Edward Fagan. Mo- tion of respondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97557. Christopher Pangalos, Petitioner v. Prudential Insur- ance Company of America. Motion of respondent for damages and costs pursuant to Rule 42.2 denied. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

Habeas Corpus Denied

No. 97755. In Re David Smith, Petitioner; No. 976596. In Re Jeffrey J. Myers, Petitioner; No. 976645. In Re Jurgen M. Bohnke, Petitioner; and No. 976676. In Re Lonnie Graves, Petiitioner. Petitions for writs of habeas corpus denied.

Mandamus Denied

No. 976141. In Re Ephrain Reliford, Jr., Petitioner; No. 976162. In Re Dennis Snavely, Petitioner; No. 976251. In Re Linda Sanders, Petitioner; and No. 976274. In Re Godwin Kendricks Okolo, Petitioner. Petitions for writs of mandamus denied.

Rehearings Denied

No. 961551. National Federation of the Blind, et al., Petitioners v. Department of Veterans Affairs, et al.; No. 961794. Soon Duck Kim, Man Suk Jun, and In Myung Jun, Petitioners v. City of New York; No. 961887. Florence Zschach, et al., Petitioners v. Lucas, Prender- gast, Albright, Gibson & Newman, et al.; No. 961896. Cliff Gardner, et ux., Petitioners v. United States; No. 961932. Louis M. Mainiero, Petitioner v. Eurial K. Jordan, Ad- ministrator, Wisconsin Department of Probation and Parole, et al.;

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MONDAY, DECEMBER 1, 1997 319 No. 961966. Valsamis, Inc., et al., Petitioners v. Cornhill Insurance PLC, et al.; No. 961967. Aroma Manufacturing, Inc., Petitioner v. Alternative Pioneering Systems, Inc., dba American Harvest; and Aroma Manufac- turing, Inc., Petitioner v. Alternative Pioneering Systems, Inc., dba American Harvest; No. 968312. Alexander Faulkner, Petitioner v. United States; No. 968897. Matthew Norville, Sr., et ux., Petitioners v. Dell Corporation; No. 968973. Detra Hudson-Gardner, Petitioner v. South Carolina Department of Highways and Public Transportation, et al.; No. 969065. Robert D. Schaffer, Petitioner v. James O. Kirkland, et al.; No. 969155. Sammy Williams, Petitioner v. Robert Borg, Warden, et al.; No. 969167. Joseph Hughes, Petitioner v. City of Cleveland; No. 969202. George Roger Siegel, Petitioner v. California Federal Bank; No. 969282. Louie Schexnayder, Petitioner v. Louisiana; No. 969319. Cristina de la Vega, Petitioner v. Shirley S. Chater, Commissioner of Social Security; No. 969322. Warren Herbert, Petitioner v. Burl Cain, Warden, et al.;No. 969341. In Re John Karl Reiman, Petitioner; No. 969356. George Wilson, Petitioner v. Bob Grant, et al.; No. 969366. Donald E. Flynn, Petitioner v. United States; No. 969421. Ronnie Bazile, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division; No. 969436. Sherwood Brown, Petitioner v. Mississippi; No. 969453. Wayne Earl LaFountain, Petitioner v. Patricia Caruso; No. 969457. Albert D. Thrower, Petitioner v. Carl Anderson, Warden; No. 969553. Christa D. Graham, Petitioner v. Tony Turpin, Warden, et al.; No. 979. Honeywell, Inc., et al., Petitioners v. Minnesota Life and Health Insurance Guaranty Association; No. 9755. Frank Keating, Governor of Oklahoma, et al., Petitioners v. Oklahoma, ex rel., Oklahoma Tax Commission; No. 97136. Mary Joy Ann Gustilo and Jose Vicente Gustilo, III, Petitioners v. Nadina Maravilla Gustilo, etc., et al.; No. 97168. Wesley K. Bell, Petitioner v. New Jersey, et al.;

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320 MONDAY, DECEMBER 1, 1997 No. 97182. Wesley K. Bell, ta Wes Outdoor Advertising Co., Peti- tioner v. New Jersey Department of Transportation and Wesley K. Bell, ta Wes Outdoor Advertising Co., Petitioner v. New Jersey Depart- ment of Transportation; No. 97198. Cornell D. Cornish, Petitioner v. District of Columbia Board on Professional Responsibility; No. 97425. Wesley K. Bell, ta Wes Outdoor Advertising Co., Peti- tioner v. New Jersey Department of Environmental Protection; No. 975004. Michael Quevado, Sr., Petitioner v. Gregory A. Baldor, et al.; No. 975069. Joseph Patrick Poynton, Petitioner v. United States, et al.; No. 975201. Lev Pribytkov, Petitioner v. New Jersey Institute of Technology; No. 975213. Xenia L. Filipos, Petitioner v. Michael Filipos; No. 975287. Yusuf Broachwala, Petitioner v. Illinois; No. 975308. Elizabeth Ramey-Gillis, Petitioner v. Kaiser Permanente; No. 975314. Illes P. Csorba, Petitioner v. Varo, Inc.; No. 975353. Illes P. Csorba, Petitioner v. ITT Aerospace/Communi- cations Division, Division of ITT Defense & Electronics, Incorporated; No. 975509. Bedford Eugene Farmer, Petitioner v. United States; No. 975560. James La Vell Harris, Petitioner v. Theo White, War- den, et al.; No. 975630. Steven Malaki, Petitioner v. Ali Yazdi; No. 975677. Lorenzo Arteaga, Petitioner v. United States Court of Appeals for the Ninth Circuit; No. 975682. In Re Dennis Ray Graves, Petitioner;

Attorney Discipline

No. D1876. In the Matter of Disbarment of Thomas M. Germain. Thomas M. Germain, of Windsor, Connecticut, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1877. In the Matter of Disbarment of Steven E. Pollan. Steven E. Pollan, of South Orange, New Jersey, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

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MONDAY, DECEMBER 1, 1997 321 No. D1878. In the Matter of Disbarment of Steven P. Kersner. Ste- ven P. Kersner, of Washington, D. C., is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1879. In the Matter of Disbarment of Louis H. Bernstein. Louis H. Bernstein, of Santa Monica, California, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

Admissions to the Bar on Written Motions Applicant City and State Movant Stephen Edward Abraham Washington, DC James Sherman Burling Chester H. Adams Sparks, NV Roland Edward Dannan Sharon JoEllen Arkin Claremont, CA William M. Shernoff Brian Philip Barger Toledo, OH Terrance L. Ryan Thomas E. Beck Los Angeles, CA Hugh R. Manes John J. Bonistalli Boston, MA David Arthur Mills Christopher Paul Borreca Houston, TX Leon Kelly Frels John Henry Browne Seattle, WA Allen M. Ressler Barry L. Bruce Lewisburg, WV Thomas Vincent Flaherty Karen Friedel Candreva New York, NY Howard M. Friedel Jose A. Cardenas Phoenix, AZ John P. Frank Thomas G. Caruso Mamaroneck, NY Carol Lynne Van Scoyoc Carolina Lupe Carver Phoenix, AZ Charles Jeffers Muchmore Patrice A. Cohan Bridgeport, CT Richard L. Winter Julie Ann Coletti Pittsburgh, PA Melvin S. Schwechter Curtis L. Cornett Cincinnati, OH Robert Joseph Hollingsworth Claudia A. Cortese Baltimore, MD Nance Susanne Forster

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322 MONDAY, DECEMBER 1, 1997

Applicant City and State Movant Rachel Ariadne Daum Atlanta, GA Peter David Greenspun Donald Andrew DeBevoise Orlando, FL John E. DuBose, Jr. Richard Daniel DeVita Hoboken, NJ Patricia Bocola Roe John M. Dillon Larchmont, NY Carol Lynne Van Scoyoc Brian E. Dittrich Tulsa, OK Joseph Arthur Sharp Thomas Michael Dougherty Fort Myers, FL Patrick Emmitt Geraghty Jeff Howard Eckland Edina, MN Charles David Ablard Michael James Elston Kansas City, MO William Edward Quirk Stephen M. Farino Pittsburgh, PA Salvatore Louis Farino Steven Mace Feder Denver, CO Gerald L. Bader, Jr. Cheryl Rosa Figlin Allentown, PA Wayne C. Jaeschke Thomas M. Fisher Alexandria, VA Thomas G. Fisher Terrance W. Gainer Springfield, IL James W. Redlich Timothy Hayes Gillis Atlanta, GA Randolph William Thrower Julie Goldscheid New York, NY Kathryn Jane Rodgers Alberto R. Gonzales Austin, TX Stuart Waddington Bowen, Jr. Steven M. Graffunder Minnetonka, MN Kenneth Corey- Edstrom Ian T. Graham Washington, DC Kurt James Hamrock Ellen Marie Gregg Winston-Salem, William F. NC Womble, Jr. William E. Halmkin Boston, MA Sander A. Rikleen Jeffrey D. Haupt Canton, OH J. Dean Carro Beverly H. Haverstock Louisville, KY Sue G. Simon

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MONDAY, DECEMBER 1, 1997 323

Applicant City and State Movant Thomas Moore Hayes, III Monroe, LA Louis Daniel Smith Paul James Hedlund Los Angeles, CA Michael Lin Baum John Michael Heley Quakertown, PA Robert Graham Moffett Ursala Marie Henninger Winston-Salem, William F. NC Womble L. David Henningson Minneapolis, MN Kenneth Corey- Edstrom Anthony Herman Washington, DC Ivan Kenneth Fong Thomas C. Hinesley Indianapolis, IN Joseph M. Cleary Elbert Hooper Austin, TX Rex Harding White, Jr. Arthur A. Hundhausen Boston, MA Sander A. Rikleen Barbara Bethune Washington, DC Marta W. Berkley Hutchinson Marie C. Infante Washington, DC Ronald Nelson Sutter Leslie Lauder Inman New Orleans, LA Ernest R. Malone, Jr. JoAnne Jankowski Minneapolis, MN Kenneth Corey- Edstrom David E. Kahn Seattle, WA Lawrence Burlison Hannah R. David Kaufman Jackson, MS George Poindexter Hewes, III John Robert Koch St. Cloud, MN Edward M. Reichert, Jr. Richard Joseph Krambeer Brooklyn Park, Kenneth Corey- MN Edstrom Theodore Curtis Landwehr Brooklyn Center, Kenneth Corey- MN Edstrom Maurie Amanda Levin Austin, TX Richard H. Burr, III Arline Beverly Jolles Philadelphia, PA Katie Shapiro Lotman

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324 MONDAY, DECEMBER 1, 1997

Applicant City and State Movant Lisa Malmer Indinapolis, IN David Paul Freund Charles Louis McBride, Jr. Jackson, MS George Poindexter Hewes, III John G. McCormick Philadelphia, PA Patrick J. Doran M. Patrick McDowell Jackson, MS George Poindexter Hewes, III Gregory W. Meyers Columbus, OH Richard Joseph Vickers Rudolph L. Milasich, Jr. Pittsburgh, PA Carl B. Frankel William George Miossi Washington, DC Eric Leonard Hirschhorn John Joseph Morgan Trumbull, CT Paul Anthony Scholder Timothy E. Moses Augusta, GA David E. Hudson Leslie E. Murad, II Riverside, CA Michael A. Bell M. Jackson Nichols Raleigh, NC Noel Lee Allen David S. Olson Los Angeles, CA James Polish Mary V. Ortega Seattle, WA Gilbert H. Levy Ronald M. Otten, Sr. Minneapolis, MN Kenneth Corey- Edstrom Arthur E. Palmer Topeka, KS Leslie Earl Diehl Albert Thomas Pedroni, Jr. Baltimore, MD Terry B. Blair David M. Porter Sacramento, CA Daniel Joseph Broderick Douglas James Quivey Charleston, IL Richard Henry Mills Brenda A. Ray Sacramento, CA Joan W. Cavanagh Robert W. Ray Brooklyn, NY Donald C. Smaltz David R. Martinez Rivera Atlanta, GA Isaac Jaime Mitrani William Lewis Roberts Minneapolis, MN Charles David Ablard Randell H. Rowe, III DeLand, FL Daniel DeWitt Eckert Kenneth A. Rutherford Jackson, MS Alex A. Alston, Jr. Sanford M. Saunders, Jr. Washington, DC Charles A. Moore

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MONDAY, DECEMBER 1, 1997 325

Applicant City and State Movant Philip Leslie Schmidt Toledo, OH Richard B. McQuade Ronald Denton Shirley Colfax, WA James Henry Kaufman Daniel A. Small Washington, DC Michael David Hausfeld J. Mark Smith Denver, CO James Edwin Pittenger Mark Valdemar Steffenson Maple Grove, MN Kenneth Corey- Edstrom James Gerard Stock Oakmont, PA James Reeves Kelley Kevin R. Stolworthy Las Vegas, NV Kirk B. Lenhard Robert L. Sussman Miami, FL Joseph S. Rosenbaum Anthony John Trenga Alexandria, VA H. Bradley Evans, Jr. Richard J. Trinrud Rock Island, IL Robert T. Park Robert H. Ulrich Sparks, NV Roland Edward Dannan Craig Leonard Unrath Peoria, IL Karen L. Kendall Deborah Anne Verbil Austin, TX J. Arnold Aquilar Bradley J. Washburn St. Louis, MO Thomas George Bearden Scott Allen Wold Minneapolis, MN Kenneth Corey- Edstrom W. Scott Wright Atlanta, GA Randolph William Thrower Nathan H. Yoshimoto Honolulu, HI Charles Walker Gall Lami Helen Youssef-Coyle Toledo, OH Jack J. Brady Louis S. Zimmerman Austin, TX John Pike Powers, IV Michael L. Zupan Alexandria, VA John E. Coffey

Admissions to the Bar on Oral Motions Applicant City and State Movant

Liz Ryan Cole South Royalton, Ronald Nelson VT Sutter

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326 MONDAY, DECEMBER 1, 1997

Applicant City and State Movant Carlton Eugene Ammons Minneapolis, MN Ronald Nelson Sutter Lawrence Philip Hosey Richmond, VA Michael Distelhorst James Arthur Pierce Westerville, OH Michael Distelhorst Beverly Jane Sharkey Washington, DC Michael Distelhorst

Oral Arguments No. 961375. Regions Hospital, Petitioner v. Donna E. Shalala, Sec- retary of Health and Human Services. Argued by Mr. Ronald N. Sutter for the petitioner and by Ms. Lisa S. Blatt for the respondent. No. 961400. California and State Lands Commission, Petitioners Deep Sea Research, Inc., et al. Argued by Mr. Joseph C. Rusconi for the petitioners, by Mr. David C. Frederick for the United States as amicus curiae, by special leave of the Court, and by Mr. Fletcher C. Alford for the respondents. No. 96827. Leonard Rollon Crawford-El, Petitioner v. Patricia Brit- ton. Argued by Mr. Daniel M. Schember for the petitioner, by Mr. Wal- ter A. Smith, Jr. for the respondent, and by Mr. Jeffrey P. Minear for the United States as amicus curiae, by special leave of the Court.

Adjourned until Tuesday, December 2, 1997, at 10 o'clock.

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(JOURNAL) TUESDAY, DECEMBER 2, 1997 327 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Opinions No. 96670. Murphy J. Foster, Jr., Governor of Louisiana, et al., Peti- tioners v. G. Scott Love, Paul S. Bergeron, Kathleen B. Balhoff, and Bennie Baker-Bourgeois. On writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Judgment affirmed. Opinion by Justice Souter. No. 96738. Mario Salinas, Petitioner v. United States. On writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Judgment affirmed. Opinion by Justice Kennedy.

Admissions to the Bar on Oral Motions Applicant City and State Movant Steven E. Abow Washington, DC Lorraine Pratte Lewis Todd Michael Hughes Washington, DC James Michael Kinsella Stephan-Paul Dirker Broomall, PA John Thomas Gifford Phelps, II John Miles Bergen Washington, DC John Thomas Phelps, II Stephen Phillip Bell, Jr. Washington, DC John Thomas Phelps, II Jodi E. Terwilliger-Stacey Fort Lauderdale, John Thomas FL Phelps, II Patricia A. Robinson Harris Social Circle, GA John Thomas Phelps, II Arden Briana Levy Alexandria, VA John Thomas Phelps, II Robert F. Resnick Boston, MA John Thomas Phelps, II T. Michael Guiffre´ Las Cruces, NM John Thomas Phelps, II Mary Jeanne Bradley Florence, OR John Thomas Phelps, II

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328 TUESDAY, DECEMBER 2, 1997

Applicant City and State Movant Mary Elizabeth Braisted Falls Church, VA John Thomas Phelps, II Troy Adam Smith Queens, NY John Thomas Phelps, II Thomas N. Auble Boston, MA John Thomas Phelps, II Steven Hale Levin Raleigh, NC John Thomas Phelps, II Chris Alan Wendelbo Norman, OK John Thomas Phelps, II Holly S. G. Coffey Washington, DC John Thomas Phelps, II Paul Fiorino Falls Church, VA John Thomas Phelps, II Paul J. Perrone, Jr. Falls Church, VA John Thomas Phelps, II Thomas Jay Barrett Miles Pond, VT John Thomas Phelps, II

Oral Arguments

No. 961579. James Brogan, Petitioner v. United States. Argued by Mr. Stuart A. Holtzman for the petitioner and by Mr. Seth P. Waxman for the respondent. No. 961395. Janice R. LaChance, Acting Director, Office of Person- nel Management, Petitioner v. Lester E. Erickson, Jr., et al. Argued by Mr. Seth P. Waxman for the petitioner and by Mr. Paul E. Marth for the respondents.

Adjourned until Wednesday, December 3, 1997, at 10 o'clock.

Certiorari Denied

No. 976939. Robert E. Williams, Petitioner v. Frank X. Hopkins, Warden. Application for stay of execution of sentence of death pre- sented to Justice Thomas and by him referred to the Court denied.

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TUESDAY, DECEMBER 2, 1997 329 Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

Certiorari Denied No. 97847. Michael Charles Satcher, Petitioner v. Samuel V. Pruett, Warden. Application for stay of execution of sentence of death pre- sented to The Chief Justice and by him referred to the Court denied. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Stevens and Justice Ginsburg would grant the application for stay of execution.

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(JOURNAL) WEDNESDAY, DECEMBER 3, 1997 331 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Admissions to the Bar on Oral Motions Applicant City and State Movant

Seth Michael Galanter Washington, DC Beth Susan Brinkmann Mary Lee Pilla Cleveland, OH Carmine R. Zarlenga David G. Armstrong Delray Beach, FL Julie Ann Stulce Williamson Jerry E. Aron West Palm Beach, Julie Ann Stulce FL Williamson Homer Duvall, III St. Petersburg, Julie Ann Stulce FL Williamson John E. Fitzgerald, Jr. Glens Falls, NY Julie Ann Stulce Williamson Michael L. Foreman Sarasota, FL Julie Ann Stulce Williamson Bert J. Harris, III Lake Placid, FL Julie Ann Stulce Williamson Nelson Clive Keshen Miami, FL Julie Ann Stulce Williamson Laird A. Lile Naples, FL Julie Ann Stulce Williamson John K. McClure Sebring, FL Julie Ann Stulce Williamson Jeffrey T. Sauer Pensacola, FL Julie Ann Stulce Williamson Garland Thomas Smith Pensacola, FL Julie Ann Stulce Williamson Wilson Smith Miami, FL Julie Ann Stulce Williamson Jack Michael Swaine Sebring, FL Julie Ann Stulce Williamson

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332 WEDNESDAY, DECEMBER 3, 1997

Oral Arguments No. 96568. Joseph Oncale, Petitioner v. Sundowner Offshore Serv- ices, Incorporated, et al. Argued by Mr. Nicholas Canaday, III, for the petitioner, by Edwin S. Kneedler for the United States as amicus cu- riae, by special leave of the Court, and by Mr. Harry M. Reasoner for the respondents. No. 961569. Daniel Bogan and Marilyn Roderick, Petitioners v. Janet Scott-Harris. Argued by Mr. Charles Rothfeld for the petitioners and by Mr. Harvey A. Schwartz for the respondent.

Adjourned until Monday, December 8, 1997, at 10 o'clock.

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(JOURNAL) FRIDAY, DECEMBER 5, 1997 333 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Certiorari Granted No. 961866. Jean Doe and Jane Doe, A Minor, Petitioners v. Lago Vista Independent School District. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit granted. Brief of petitioners to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, January 16, 1998. Brief of respondent to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, February 13, 1998. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, March 13, 1998. Rule 29.2 does not apply. No. 97391. Arthur Calderon, Warden, et al., Petitioners v. Troy A. Ashmus, etc. Motion of Criminal Justice Legal Foundation for leave to file a brief as amicus curiae granted. Motion of respondent for leave to proceed in forma forma pauperis granted. Petition for writ of cer- tiorari to the United States Court of Appeals for the Ninth Circuit granted limited to Questions 1 and 2 presented by the petition. Brief of petitioners to be filed with the Clerk and served upon opposing coun- sel on or before 3 p.m., Friday, January 16, 1998. Brief of respondent to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, February 13, 1998. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, March 13, 1998. Rule 29.2 does not apply.

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(JOURNAL) MONDAY, DECEMBER 8, 1997 335 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer. The Chief Justice said: "Today's orders of the Court have been certified by The Chief Jus- tice, filed with the Clerk, and will not be announced orally."

Certiorari-Summary Disposition No. 968876. Dennis Darol Linehan, Petitioner v. Minnesota, et al.; and Dennis Darol Linehan, Petitioner v. Minnesota, et al. On petition for writ of certiorari to the Supreme Court of Minnesota. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari granted. Judgments vacated, and case remanded to the Supreme Court of Minnesota for further consideration in light of Kan- sas v. Hendricks, 521 U. S. (1997). No. 97309. American Bible Society, et al., Petitioners v. Boyd L. Richie, Guardian of the Estate of Louise T. Peter, etc.; and No. 97314. American Council on Gift Annuities, et al., Petitioners v. Boyd L. Richie, Guardian of Estate of Louise T. Peter, etc. On peti- tions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit. Petitions for writs of certiorari granted. Judgment vacated, and cases remanded to the United States Court of Appeals for the Fifth Circuit for further consideration in light of the Charitable Donation Antitrust Immunity Act of 1997, Pub. L. No. 10526, 111 Stat. 241 (1997). No. 975901. Roy Lee Hodgkiss, Petitioner v. United States. On peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Fifth Circuit for further consideration in light of Bailey v. United States, 516 U. S. 137, (1995).

Orders in Pending Cases No. M12. Gary Eldon Alvord, Petitioner v. Florida. Motion for leave to proceed in forma pauperis without an affidavit of indigency exe- cuted by petitioner denied.

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336 MONDAY, DECEMBER 8, 1997 No. M29. V. D. Hatch, Petitioner v. Cheryl Biggers McKenzie, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of- time denied. No. M30. Gabriel Rene Gonzalez, Petitioner v. United States. Mo- tion to direct the Clerk to file a petition for writ of certiorari out-of- time under Rule 14.5 denied. No. 961581. South Dakota, Petitioner v. Yankton Sioux Tribe, et al. Motion of respondent Yankton Sioux Tribe to strike supplemental brief of respondent Southern Missouri Waste Management District granted. No. 961584. Terry Campbell, Petitioner v. Louisiana. Motion of the parties to expand the record granted. No. 968732. Vincent Edwards, Reynolds A. Wintersmith, Horace Joiner, Karl V. Fort, and Joseph Tidwell, Petitioners v. United States. Motion for appointment of counsel granted, and it is ordered that Rob- ert A. Handelsman, Esquire, of Chicago, Illinois, is appointed to serve as counsel for the petitioner Joseph Tidwell in this case. Motion for appointment of counsel granted, and it is ordered that Mark D. DeBof- sky, Esquire, of Chicago, Illinois, is appointed to serve as counsel for the petitioner Reynolds Wintersmith in this case. No. 97215. Arthur Calderon, Warden, Petitioner v. Thomas Thomp- son. Motion for appointment of counsel granted, and it is ordered that Andrew S. Love, Esquire, of San Francisco, California, is appointed to serve as counsel for respondent in this case.

Certiorari Denied No. 961009. David Goodhart and Harvey Shenberg, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 961346. Daniel M. Paradies, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 967960. Brigido Marmolejo, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 969293. Douglas Martin Crow, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97378. Peter Maier, et al., Petitioners v. Environmental Protec- tion Agency, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

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MONDAY, DECEMBER 8, 1997 337 No. 97532. Pacesetter Construction Company, Inc., Petitioner v. Carpenters 46 Northern California Counties Conference Board. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97537. Francisco Lopez, Petitioner v. Gay C. Ricca-Stroud. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97582. Trustees of Boston University, Petitioner v. Linkage Corporation. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied. No. 97597. Maria Navarro, Petitioner v. Fuji Heavy Industries, Ltd. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97601. Federal Election Commission, Petitioner v. Larry R. Williams. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97604. Murat M. Tanik, Petitioner v. Southern Methodist Uni- versity and Jeff Kennington. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97610. Steven M. Kramer, Petitioner v. New Jersey Supreme Court, et al. Petition for writ of certiorari to the Supreme Court of New Jersey denied. No. 97611. Troy L. Graves, Petitioner v. Vesuvius USA. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97612. Anne Arundel County, Maryland, Petitioner v. Parker Andrews, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97615. TruServ Corporation, Petitioner v. California, ex rel., Daniel G. Lungren, Attorney General, et al. Petition for writ of certio- rari to the Court of Appeal of California, First Appellate District, denied. No. 97620. Spencer Estates, et al., Petitioners v. James A. Hen- nefer, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 97621. Ojavan Investors, Inc., et al., Petitioners v. California Coastal Commission, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

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338 MONDAY, DECEMBER 8, 1997 No. 97622. Peter D. Bogart, et al., Petitioners v. California Coastal Commission. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 97623. DeKalb County School District, etc., et al., Petitioners v. Linda Schrenko, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97628. Cynthia Myers, Individually and as Guardian Ad Litem for Maranda Bennett and Ashley Bennett, Petitioner v. Ventura County and Ventura County Public Social Services Agency. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97635. Fort Smith Railroad Company, Petitioner v. American Train Dispatchers Department of the Brotherhood of Locomotive Engi- neers. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97640. American Citigas Company, Petitioner v. Vorys, Sater, Seymour and Pease. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97645. R. E. Payne, Petitioner v. Department of Justice and Federal Bureau of Investigation. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97666. William G. Pierce, Petitioner v. Department of Labor. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97672. James Benjamin, Jr., Petitioner v. Aroostook Medical Center, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 97675. Barry Bradshaw, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97696. Lawrence Fafarman, Petitioner v. Environmental Pro- tection Agency, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 97697. Eugene M. Harrington, Martin Levy, and Thomas Kleven, Petitioners v. William H. Harris, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97712. Dorothy Mathis, Special Administrator for Jerome Mathis, Deceased, Petitioner v. J. W. Fairman and Gerone Jenkins. Peti-

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MONDAY, DECEMBER 8, 1997 339 tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97760. Gustav Zwerling, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97771. Sea-Fone, Limited, Petitioner v. Communications Satel- lite Corporation (COMSAT), et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97778. Leroy Hill, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975282. Willie James Polley, Petitioner v. United States; and No. 975338. Kevin Laruell Davenport, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975607. Kelvin D. McManus, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975610. Stephen Boschetti, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 975612. William Gonzalez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 975700. Carlos Pastor-Alvarez, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 975752. Eric J. Talley, Petitioner v. Alexis Herman, Secretary of Labor, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 975936. Desmond Domnique Jennings, Petitioner v. Texas. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 976233. Karla Faye Tucker, Petitioner v. Gary L. Johnson, Di- rector, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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340 MONDAY, DECEMBER 8, 1997 No. 976278. J. W. McKellip, Petitioner v. Sorrell, Anderson, Lehr- man, Wanner and Thomas, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976281. Bruce Wayne Koenig, Petitioner v. Maryland, et al. Petition for writ of certiorari to the Court of Appeals of Maryland denied. No. 976282. Keith Miller Christopher, Petitioner v. Circle K Con- venience Stores, Inc., et al. Petition for writ of certiorari to the Su- preme Court of Oklahoma denied. No. 976285. Howard Browning, Petitioner v. Centinela Hospital Medical Center. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976288. Archie Sharp, Petitioner v. Daniel Calkins, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 976295. John Lee Holt, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. No. 976298. Charles E. Gordon, aka C. Edward Gordon, Petitioner v. Detroit Public Schools, et al. Petition for writ of certiorari to the Court of Appeals of Michigan denied. No. 976299. Carl Gooding, Petitioner v. Thomas W. Corbett, Jr., Attorney General of Pennsylvania, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976301. Ronald Flournoy, Petitioner v. W. Branham, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976303. Willie C. Henley, Petitioner v. Craig Hanks, Superin- tendent, Wabash Valley Correctional Facility. Petition for writ of cer- tiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 976304. Michael Anderson Gilbert, Petitioner v. Linda Moth- eral, Judge, District Court of Texas, Harris County. Petition for writ of certiorari to the Supreme Court of Texas denied. No. 976306. Dennis Guy Erdman, Petitioner v. Henry N. Grayson, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 976311. John Chappell Cain, Petitioner v. James Stegall, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

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MONDAY, DECEMBER 8, 1997 341 No. 976315. Elsie Smith, et vir, Petitioners v. George M. Elliott. Petition for writ of certiorari to the Supreme Court of Delaware denied. No. 976317. Robert G. Thompson, Petitioner v. Richard E. Johnson, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 976318. Timothy E. White, Petitioner v. Thomas Fortner, Superintendent, Okaloosa Correctional Institution, et al. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 976322. LeMoyne Nelson, Petitioner v. Jerry Peterson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976324. Hartwell E. Edwards, Petitioner v. Charles Brew. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976327. Arthur Dean Davis, Petitioner v. Larry Norris, Direc- tor, Arkansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976328. Howard Everett Calloway, aka Charles Arthur Cal- loway, Petitioner v. Frank Elo, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 976329. Keith Dunkley, Petitioner v. New York. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 976331. Junior Vondale Buckner, Petitioner v. W. Toro, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976335. Christopher Beck, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 976338. Linda Moore, Petitioner v. Harriman City Schools, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 976339. Marvin D. Mayberry, Petitioner v. Gary Gabry, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 976342. Colorado Spring Brook Field, Petitioner v. City of Or- lando. Petition for writ of certiorari to the Circuit Court of Florida, Orange County, denied.

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342 MONDAY, DECEMBER 8, 1997 No. 976398. Junior Mack Kirby, Petitioner v. Larry Burton, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976424. Garry L. Sammons, Petitioner v. Kansas. Petition for writ of certiorari to the Supreme Court of Kansas denied. No. 976429. Thomas Delor, Petitioner v. ATX Telecommunication Services. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976433. John Paul Turner, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 976434. John Paul Turner, Petitioner v. United States; John Paul Turner, Petitioner v. Department of Justice; and John Paul Turner, Petitioner v. Internal Revenue Service, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 976464. James Dean Baker, Petitioner v. Indiana. Petition for writ of certiorari to the Court of Appeals of Indiana, First District, denied. No. 976489. Tyrone Deford Denison, Petitioner v. Dauphin County Prison, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976502. Michael Odell Johnson, aka OD, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976510. Richard Roy Yost, Petitioner v. P. L. Huffman, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. No. 976550. Robert Allen Makowski, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976554. Carmen Roman, Petitioner v. Odie Washington, Direc- tor, Illinois Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 976559. George Arch, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

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MONDAY, DECEMBER 8, 1997 343 No. 976574. Ronnie Robinson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976575. Donna Romero, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976583. Raymond C. Stokes, Petitioner v. Debra Schneider, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 976593. John O'Leary, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 976600. Salvadore Oro-Barahona, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976603. Gregory L. Myers, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 976605. Henry T. Quintanilla, David Dominic Miller, Fernan Macasieb Vistro, Herbert C. Wells, Benjamin Aldan Taitano, and Jo- seph Anthony Cruz, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976606. Henry Chester, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976607. Betty Conley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976608. Ronnie Ahmed Cedeno and Teobaldo Gamboa, Petition- ers v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976609. Teresa Byrd, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976611. Claudio Andres Acuna, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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344 MONDAY, DECEMBER 8, 1997 No. 976615. Vernon McFatridge, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 976617. Juan Carlos Ramirez, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976618. Billy Mack O'Neill, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976619. Albert Robinson, Petitioner v. Orange County, Florida. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976621. Anthony W. Call, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976622. Michael W. Crawford, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976623. Jeffery Oliver, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 976624. Ronald Jerome Parrish, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976627. Leonard Corbin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 976629. Frederick Jerome Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976631. Pasquale G. Barone, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 976632. Willie Vee Whitley, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976637. Easton A. Whyte, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

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MONDAY, DECEMBER 8, 1997 345 No. 976638. Donald L. Grider, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976639. Devyn Garner, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976640. Ron C. Broadwater, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976642. Arturo Rodriguez-Guerra, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976651. Philip Barry McDaniels, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976652. David Lee, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 976656. Joseph Raymond Morin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976659. Royal Deandre Allen, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976666. Leon Holley, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 976668. Ashley Richard Foley, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976683. Garry Gallardo, Petitioner v. John M. Hurley, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976690. Shannon Knox, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97375. Walter Gale Steinhorst, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Justice Ginsburg took no part in the consideration or decision of this petition.

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346 MONDAY, DECEMBER 8, 1997 No. 97606. Miami University, Petitioner v. Miami Student. Motion of Ohio Public Universities for leave to file a brief as amicus curiae granted. Petition for writ of certiorari to the Supreme Court of Ohio denied.

Habeas Corpus Denied No. 976723. In Re Darrel King, Petitioner. Petition for writ of ha- beas corpus denied.

Mandamus Denied No. 976287. In Re John Snavely, Petitioner. Petition for writ of mandamus denied. No. 976283. In Re Nan C. Weatter, Petitioner. Petition for writ of mandamus and/or prohibition denied.

Prohibition Denied No. 976594. In Re Tony E. Rutherford, Petitioner. Petition for writ of prohibition denied.

Rehearings Denied No. 968971. Richard Fabian, Petitioner v. Maria Margarita Mejia De Restrepo, et al.; No. 969084. George J. Reitz, Jr., Petitioner v. Pennsylvania; No. 969113. Lorenzo Arteaga, Petitioner v. United States Court of Appeals for the Ninth Circuit; No. 969310. Paula Strothers, Petitioner v. United States; No. 969329. Lorenzo Arteaga, Petitioner v. California; No. 969334. Bryan O'Neil Comer, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division; No. 975153. Mao-Shiung Wei, Petitioner v. Hackettstown Commu- nity Hospital, et al.; No. 975170. Ronald W. Washington, Petitioner v. John Brusstar; No. 975631. Sarah W. Brown, Petitioner v. Leonard L. Koenick, et al.; No. 975689. Donna Archer, Petitioner v. Valley Health Care Corpo- ration, etc.; No. 975832. Richard Fabian, Petitioner v. Metropolitan Dade County, Florida, et al.; and

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MONDAY, DECEMBER 8, 1997 347 No. 976001. Carlos E. Peake, Petitioner v. Ronald J. Angelone, Di- rector, Virginia Department of Corrections. Petitions for rehearing denied. Attorney Discipline No. D1839. In the Matter of Disbarment of Joseph Anthony Sara- nello. Disbarment order entered. No. D1841. In the Matter of Disbarment of Theodore Joseph Segal. Disbarment order entered. No. D1842. In the Matter of Disbarment of Harrison B. Steward, III. Disbarment order entered. No. D1845. In the Matter of Disbarment of Charles Kadish. Disbar- ment order entered. No. D1847. In the Matter of Disbarment of Robert C. Wolhar, Jr. Disbarment order entered. No. D1848. In the Matter of Disbarment of Robert Thomas Gill- eran. Disbarment order entered. No. D1849. In the Matter of Disbarment of Neal Yarborough Pick- ett. Disbarment order entered. No. D1850. In the Matter of Disbarment of Lyn H. Marcus. Disbar- ment order entered. No. D1880. In the Matter of Disbarment of Michael Richards John- son. Michael Richards Johnson, of Newark, Ohio, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1881. In the Matter of Disbarment of Michael R. Dice. Michael R. Dice, of Denver, Colorado, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1882. In the Matter of Disbarment of John F. Papsidero. John F. Papsidero, of Buffalo, New York, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1883. In the Matter of Disbarment of Robert G. Fierer. Rob- ert G. Fierer, of Atlanta, Georgia, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

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348 MONDAY, DECEMBER 8, 1997 No. D1884. In the Matter of Disbarment of John David Jones Blood- worth. John David Jones Bloodworth, of Suwanee, Georgia, is sus- pended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

Recess Order

The Court will take a recess from Monday, December 15, 1997, until Monday, January 12, 1998.

Admissions to the Bar on Written Motions Applicant City and State Movant Richard S. Alembik Decatur, GA Donna Potts Bergeson Zebulon Dyer Anderson Raleigh, NC William H. Moss Antonio Roberto Anziano San Francisco, CA John F. Donovan Benjamin L. Bagwell Gainesville, GA Christopher Joseph Walker, III Robert E. Barnett, III Louisville, KY Walter L. Porter Edward Leon Barocas New Brunswick, Michael Zane NJ Buncher Graciela J. Belaval San Juan, PR Harry Anduze- Montano Bruce J. Brumfield, Jr. Yazoo City, MS Robert Allen Long, Jr. Allan Armistead Capute Baltimore, MD Paul Gonson Victor L. Chapman Orlando, FL Ralph Steven Ruta Daniel Hocker Claman Alexandria, VA Lon Hocker Gayla S. Corley San Antonio, TX G. Thomas Coghlan Jeffrey Lee Costell Los Angeles, CA Steven Jay Ruben Stuart E. Des Roches New Orleans, LA John Gregory Odom Mary Margaret Devlin Chicago, IL Darryl Lawrence DePriest Michael L. Donaldson Plymouth, MI John G. Spencer Steven A. Fleckman Austin, TX John J. McKetta, III

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MONDAY, DECEMBER 8, 1997 349

Applicant City and State Movant Lilia Enciso Garcia San Diego, CA Esteban Hernandez Nanci J. Grant West Bloomfield, Judge Barry M. MI Grant Matthew Ryan Halpin Detroit, MI Ulysses Whittaker Boykin M. Scott Hart Virginia Beach, John F. Kay, Jr. VA Thomas M. Hefferon Boston, MA J. Anthony Downs Charles F. Henley, Jr. Jacksonville, FL James Bernard Spears, Jr. Janet Little Horton Houston, TX Leon Kelly Frels Brady R. Johnson Seattle, WA Timothy K. Ford Thomas A. Kaelin Woodbury, CT William C. Crutcher Thomas Henry Keating Grosse Pointe Stefan B. Herpel Farms, MI Eric Allan Koch Bloomington, IN James Bopp, Jr. Timothy Gale Lee St. Charles, MO Joseph L. Green Martha Cole Lee Cleveland, OH Michael A. Pohl James Byron Matthews Austin, TX Andrea Laurin March Todd Lorin Melnik Los Angeles, CA Judge Bert Glennon, Jr. Doris Kulinicz Morin Irvington, NY Judge Edward D. Re Graham Daniel Mottola Wailuku, HI Philip Henry Lowenthal Anthony Steven Murry Annapolis, MD Roger Gordon Weiner Anita Harper Poe Missoula, MT Sherman V. Lohn Karen S. Renne Denver, CO Jean E. Dubofsky T. Wesley Robinson Gainesville, GA James C. Weidner Rodolfo Rodriguez, Jr. Dallas, TX Darrell E. Jordan Sheryl A. Safina Johnstown, PA David J. Weaver Jonathan Paul Schubert Phoenix, AZ Noel Alan Fidel Vivienne Alexis Los Angeles, CA Frederick Nathan Swanigan-Crenshaw Merkin

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350 MONDAY, DECEMBER 8, 1997

Applicant City and State Movant JoNell Thomas Las Vegas, NV Dominic Pasquale Gentile Marilyn Townsend Madison, WI Frederick B. Wade Stephen Nolan Trout Sacramento, CA James Ross Johnson Ehtel Truly Jackson, MS Robert Allen Long, Jr. Wythe Willey Cedar Rapids, IA Thomas M. Collins Ronald R. Wilson Houston, TX David W. Holman

Admissions to the Bar on Oral Motions Applicant City and State Movant Jack Der Hagopian Sioux Falls, SD James S. Abourezk Francis Michael Doherty Minneapolis, MN Dale Owen Harris Maria C. Miami, FL Martin David Mitropoulos-Gonzalez Minsker Luis Manuel Padron Miami, FL Martin David Minsker Daniel Mark Johnson Nezperce, ID Tom D. Tobin Matthew Frank Gaffey Lake Andes, SD Tom D. Tobin

Oral Arguments No. 961470. Quality King Distributors, Inc., Petitioner v. L'Anza Research International, Inc. Argued by Mr. Allen R. Snyder for the petitioner, by Mr. Raymond H. Goettsch for the respondent, and by Mr. Lawrence G. Wallace for the United States as amicus curiae, by spe- cial leave of the Court. The Chief Justice said: "Mr. Wallace, our records reflect that this is your 141st appearance before the Court. You have now eclipsed the 20th Century record of 140 arguments accumulated by John W. Davis, who was a former Solicitor General. So, on behalf of the Court, I extend you our appreciation for the many years of advocacy and dedicated service during your 30 years in the Solicitor General's office." No. 968653. Kevin D. Gray, Petitioner v. Maryland. Argued by Mr. Arthur A. Delano, Jr., for the petitioner, by Ms. Carmen M. Shepard for the respondent, and by Mr. Roy W. McLeese, III, for the United States as amicus curiae, by special leave of the Court.

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MONDAY, DECEMBER 8, 1997 351 No. 961581. South Dakota, Petitioner v. Yankton Sioux Tribe. Ar- gued by Mr. Mark W. Barnett for the petitioner, by Mr. James G. Abourezk for the respondents, and by Ms. Barbara B. McDowell for the United States as amicus curiae, by special leave of the Court.

Adjourned until Tuesday, December 9, 1997, at 10 o'clock.

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(JOURNAL) TUESDAY, DECEMBER 9, 1997 353 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Opinions No. 967901. Richard F. Trest, Petitioner v. Burl Cain, Warden. On writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Judgment vacated, and case remanded to the United States Court of Appeals for the Fifth Circuit for further proceedings in con- formity with the opinion of this Court. Opinion by Justice Breyer. No. 96957. Melvin Jefferson, Individually and as Administrator of the Estate of Alberta K. Jefferson, Deceased, et al., Petitioners v. City of Tarrant, Alabama. On writ of certiorari to the Supreme Court of Alabama. Writ of certiorari dismissed for want of jurisdiction. Opinion by Justice Ginsburg. Dissenting opinion by Justice Stevens.

Admissions to the Bar on Oral Motions Applicant City and State Movant J. Shawn Alcarese Towson, MD Joseph P. Alcarese Charles Dean Connor Chicago, IL Peter James Daly William E. Conner, Jr. Washington, DC Joseph J. Petrillo Lisa Del Compare Takoma Park, MD Robert Arthur Karl Doehl Regina Germain Silver Spring, MD Jane R. Kochman Nancy A. Healy Alexandria, VA Jacqueline Fitzgerald Brown Michael J. Paston Philadelphia, PA Stephen Howard Freid Robert Earl Repp Portland, OR James Gregory Zimmerly Henry Lazzaro Harwood, MD Dale Owen Harris Eileen McNamara Newport Beach, Dale Owen Harris CA Charles Brewster Burnett Washington, DC Gene Clayton Schaerr Keith Joseph Soressi Washington, DC Gene Clayton Schaerr

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354 TUESDAY, DECEMBER 9, 1997

Applicant City and State Movant R. Edward Murphy St. Joseph, MO Eugene Richard Elrod Gary Lee Myers St. Joseph, MO Eugene Richard Elrod Howard H. Johnston Atlanta, GA George E. Butler, II Shelby Alexandra Outlaw Atlanta, GA George E. Butler, II

Oral Arguments No. 961337. County of Sacramento, et al., Petitioners v. Teri Lewis and Thomas Lewis, Personal Representatives of the Estate of Philip Lewis, Deceased. Argued by Mr. Terrance J. Cassidy for the petitioners and by Mr. Paul J. Hedlund for the respondents. No. 97215. Arthur Calderon, Warden, Petitioner v. Thomas Thomp- son. Argued by Ms. Holly D. Wilkens for the petitioner and by Mr. Gregory A. Long for the respondent.

Adjourned until Wednesday, December 10, 1997, at 10 o'clock.

Certiorari Denied No. 977052. Michael Lee Lockhart, Petitioner v. Texas. Application for stay of execution of sentence of death presented to Justice Scalia and by him referred to the Court denied. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

Habeas Corpus Denied No. 977063. In Re Michael Lee Lockhart, Petitioner. Application for stay of execution of sentence of death presented to Justice Scalia and by him referred to the Court denied. Petition for writ of habeas corpus denied.

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(JOURNAL) WEDNESDAY, DECEMBER 10, 1997 355 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Opinions No. 97792. Lynne Kalina, Petitioner v. Rodney Fletcher. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment affirmed. Opinion by Justice Stevens. Concurring opinion by Justice Scalia, with whom Justice Thomas joins. No. 96976. John Hudson, Larry Baresel, and Jack Butler Rackley, Petitioners v. United States. On writ of certiorari to the United States Court of Appeals for the Tenth Circuit. Judgment affirmed. Opinion by The Chief Justice. Concurring opinion by Justice Scalia, with whom Justice Thomas joins. Opinion by Justice Stevens concurring in the judgment. Opinion by Justice Souter concurring in the judgment. Opin- ion by Justice Breyer, with whom Justice Ginsburg joins, concurring in the judgment.

Admissions to the Bar on Oral Motions Applicant City and State Movant Ruben M. Garcia Fort Lauderdale, Michael D. Gelety FL Gregory A. Johnson South Royalton, Liz Ryan Cole VT Joanna Margaret King Washington, DC Susan M. Delbert Theodore W. Popely Juneau, AK Tom D. Tobin David B. Smith Buffalo, NY James Michael Hanny Jon Christopher Walden Columbus, OH William Andrew Klatt James L. Zafris Columbus, OH Daniel Theodore Kobil Victor Joseph Cosentino Washington, DC Stephen Allan Saltzburg Barbara Ruth Gross San Diego, CA Stephen Allan Saltzburg Lynda Lou Frank Kagey Washington, DC Stephen Allan Saltzburg

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356 WEDNESDAY, DECEMBER 10, 1997

Applicant City and State Movant Shana Leigh Dale Washington, DC Stephen Allan Saltzburg Howard Loomis Hills Washington, DC Stephen Allan Saltzburg Albert Zelius Lewis, Jr. Arlington, VA Stephen Allan Saltzburg Lisa Mallon Thompson St. Louis, MO Stephen Allan Saltzburg John Howard McKissick Las Vegas, NV Stephen Allan Saltzburg Steven R. Smith San Diego, CA Stephen Allan Saltzburg Jonathan Miles Grubbs Philadelphia, PA Stephen Allan Saltzburg Robert Joseph Kinney Washington, DC Stephen Allan Saltzburg James T. Morgan, Jr. Fairfax, VA Stephen Allan Saltzburg William P. Shea, Jr. Fairfax, VA Stephen Allan Saltzburg

Oral Arguments No. 961769. Ohio Adult Parole Authority, et al., Petitioners v. Eu- gene Woodard. Argued by Mr. William A. Klatt for the petitioners and by Ms. S. Adele Shank for the respondent. No. 961577. Alaska, Petitioner v. Native Village of Venetie Tribal Government, et al. Argued by Mr. John G. Roberts, Jr., for the peti- tioner and by Ms. Heather R. Kendall for the respondents.

Adjourned until Monday, December 15, 1997, at 10 o'clock.

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(JOURNAL) THURSDAY, DECEMBER 11, 1997 357 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Certiorari Denied No. 976999. Thomas H. Beavers, Jr., Petitioner v. Samuel v. Pruett, Warden. Application for stay of execution of sentence of death pre- sented to The Chief Justice and by him referred to the Court denied. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Stevens and Justice Ginsburg would grant the application for stay of execution.

Order in Pending Case No. A431. Thomas H. Beavers, Jr., Applicant v. Samuel v. Pruett, Warden. Application for a certificate of appealability and a stay of exe- cution of sentence of death presented to Justice Stevens and by him referred to the Court denied.

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(JOURNAL) FRIDAY, DECEMBER 12, 1997 359 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Certiorari Granted

No. 961654. Frank J. Muscarello, Petitioner v. United States; and No. 968837. Donald E. Cleveland and Enrique Gray-Santana, Peti- tioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit granted in No. 961654. Motion of petitioners for leave to proceed in form pauperis and peti- tion for writ of certiorari to United States Court of Appeals for the First Circuit in No. 968837 granted. The cases are consolidated and a total of one hour is allotted for oral argument. Briefs of petitioners to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, January 23, 1998. Brief of the Solicitor General to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, February 20, 1998. Reply briefs, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Wednesday, March 18, 1998. Rule 29.2 does not apply. No. 97454. United States, Petitioner v. CPC International, Inc., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit granted. Brief of the Solicitor General to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, January 23, 1998. Briefs of respondents to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, February 20, 1998. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Wednesday, March 18, 1998. Rule 29.2 does not apply. No. 97679. American Telephone and Telegraph Company, Petitioner v. Central Office Telephone, Inc. Motion of United States Telephone Association, et al., for leave to file a brief as amici curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted. Brief of petitioner to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, January 23, 1998. Brief of respondent to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, February 20, 1998. Reply brief, if any, to be filed with the Clerk and served upon

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360 FRIDAY, DECEMBER 12, 1997 opposing counsel on or before 3 p.m., Wednesday, March 18, 1998. Rule 29.2 does not apply. Justice O'Connor took no part in the consideration or decision of this motion and this petition. No. 968422. Sillasse Bryan, Petitioner v. United States. Motion of petitioner for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit granted limited to Questions 1 and 2 presented by the petition. Brief of petitioner to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, January 23, Brief of the Solicitor General to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, February 20, Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Wednesday, March 18, 1998. Rule 29.2 does not apply.

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(JOURNAL) MONDAY, DECEMBER 15, 1997 361 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice O'Connor, Justice Kennedy, Justice Thomas, Justice Ginsburg, and Justice Breyer. The Chief Justice said: "Today's orders of the Court have been certified by The Chief Jus- tice, filed with the Clerk, and will not be announced orally." Certiorari-Summary Disposition No. 961299. Alexis M. Herman, Secretary of Labor, Petitioner v. S. A. Healy Company. On petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit. Petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Seventh Circuit for further consideration in light of Hudson v. United States, 522 U. S. (1997). No. 961602. Susan Lynn Roberts, Petitioner v. Charles Timothy Kling. On petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit. Petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Tenth Circuit for further consideration in light of Kal- ina v. Fletcher, 522 U. S. (1997). Orders in Pending Cases No. 105, Original. State of Kansas, Plaintiff v. State of Colorado. Motion of the Special Master for fees and reimbursement of expenses granted, and the Special Master is awarded a total of $114,817.19 for the period October 19, 1996, through September 9, 1997, to be paid equally by Kansas and Colorado. No. 108, Original. State of Nebraska, Plaintiff v. States of Wyoming and Colorado. Motion of the Special Master for compensation and reim- bursement of expenses granted, and the Special Master is awarded a total of $45,333.99 for the period June 16, 1997, through December 5, 1997, to be paid as follows: 30% by Nebraska, 30% by Wyoming, 15% by Colorado, and 25% by the United States. No. 961584. Terry Campbell, Petitioner v. Louisiana. Motion of the parties to allow into the record a joint stipulation of counsel granted. Certiorari Denied No. 968140. David Michael Giba, Petitioner v. Oregon. Petition for writ of certiorari to the Court of Appeals of Oregon denied.

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362 MONDAY, DECEMBER 15, 1997 No. 968341. Percy E. Cooksey, III, Petitioner v. Michael Bowersox, Superintendent, Potosi Correctional Center. Petition for writ of certio- rari to the United States Court of Appeals for the Eighth Circuit denied. No. 97166. Doy Lee McClendon, Gil Crosby, Sally Parrish, Frank Sayre, Richard Triquart, Steven McMillan, and Paul Ahmann, Petition- ers v. Washington. Petition for writ of certiorari to the Supreme Court of Washington denied. No. 97279. Dimitrios Katsoulis, Petitioner v. Immigration and Nat- uralization Service. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97348. Michael G. Morgan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97395. Tanabe Seiyaku Co., Ltd., and Marion Merrell Dow, Inc., Petitioners v. International Trade Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 97406. Georges Tabchouri, Petitioner v. Immigration and Natu- ralization Service. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97419. Darrell Clark, et ux., etc., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97449. Confederated Tribes of Siletz Indians of Oregon, Peti- tioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97453. Elko County Grand Jury, Petitioner v. Ben Siminoe. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97458. Lakeland Lounge of Jackson, Inc., Petitioner v. City of Jackson. Petition for writ of certiorari to the Supreme Court of Missis- sippi denied. No. 97465. Alta Bates Corporation, et al., Petitioners v. National Labor Relations Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97486. Michael Bryant Brumley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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MONDAY, DECEMBER 15, 1997 363 No. 97548. Sheri L. Brown, Petitioner v. Pizza Hut of America, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 97573. Ronald Kidd and Thomas Hampton, etc., Petitioners v. Equitable Life Assurance Society of the United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 97626. Beloit Corporation, Petitioner v. Valmet Paper Machin- ery, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 97636. David M. Criley, et al., Petitioners v. Delta Air Lines, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97639. Sandra S. Barnes, Petitioner v. Montgomery County Board of Education. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97646. Denny's Inc., Petitioner v. Ronald K. Thomas. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 97647. Regenia F. Quinley, Petitioner v. State Farm Insurance Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97653. Nancy M. Oreskovich, Petitioner v. Our Lady of Lourdes Health Center, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97658. Checkrite Ltd., Inc., Petitioner v. Sharolyn Charles, etc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97659. National Collegiate Athletic Association, et al., Petition- ers v. Jerry Tarkanian, et ux. Petition for writ of certiorari to the Su- preme Court of Nevada denied. No. 97660. Gerald R. Walker, Petitioner v. Consolidated Biscuit Company. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97668. First Mercury Syndicate, Inc., Petitioner v. Township of Buffalo, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

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364 MONDAY, DECEMBER 15, 1997 No. 97671. Frank B. Carabello, Petitioner v. Sharon R. Carabello, et al. Petition for writ of certiorari to the Court of Appeals of Ken- tucky denied. No. 97673. Ervin Barclay, Petitioner v. Alabama Gas Corporation and Gas Fitters Local Union No. 548. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97677. Randy Saylor, Jr., et ux., etc., Petitioners v. Sam Saylor, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 97680. Ruth v. Kolodziej, Petitioner v. Warren Smith and Elec- tro-Term, Inc. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied. No. 97683. Brett L. Arron, Petitioner v. United States, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 97688. Washington, Petitioner v. Martin Shaw Pang. Petition for writ of certiorari to the Supreme Court of Washington denied. No. 97692. Betty Worley, Administratrix of the Estate of Roy E. Worley, Deceased, etc., et al., Petitioners v. Richmond County, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97714. Terra International, Inc., Petitioner v. Mississippi Chem- ical Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97764. Interactive America Corporation, Petitioner v. Federal Communications Commission. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 97780. Ronald Martin, Administrator of the Estate of Nancy Martin, Deceased, Petitioner v. Blue Cross Blue Shield of Virginia, In- corporated. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97787. Hennepin County, Petitioner v. Ben Oehrleins and Sons and Daughter, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97789. Lloyd Lenwood Walker, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

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MONDAY, DECEMBER 15, 1997 365 No. 97810. Kenneth L. Lavender, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Armed Forces denied. No. 97811. Michael R. Lorenzen, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Armed Forces denied. No. 97818. Joseph Pankhurst, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975386. Yves Jeudy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 975666. Ruth Tschanz, Petitioner v. Sweetwater County School District Number One, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 976344. Mervin Gordon, Petitioner v. E. L. Hamm and Associ- ates, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976349. Humberto Martinez, Petitioner v. Kansas. Petition for writ of certiorari to the Court of Appeals of Kansas denied. No. 976350. John P. Murphy, Petitioner v. Workers' Compensation Appeals Board of California, et al. Petition for writ of certiorari to the Court of Appeal of California, Third Appellate District, denied. No. 976355. Wilbur McReynolds, Petitioner v. Commissioner of So- cial Services of the City of New York. Petition for writ of certiorari to the Court of Appeals of New York denied. No. 976361. Billy Taylor Salter, Petitioner v. E. Vernon F. Glenn, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. No. 976369. David Neuman, Petitioner v. Jessie Rivers. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 976371. Irene G. Lloyd, Petitioner v. American Transit Insur- ance Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 976373. Nanon McKewn Williams, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

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366 MONDAY, DECEMBER 15, 1997 No. 976379. Charles Richard Riley, Petitioner v. James M. Dorton. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976385. Savannah Ramsey, Petitioner v. City of Laurel, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976389. Kathryn Lorraine Gerwig, Petitioner v. Jan B. New- man, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976396. Bonita Johnson, Petitioner v. Kansas Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 976400. Albert Thomas, Petitioner v. Georgia State Board of Elections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976401. Anthony York, Petitioner v. Melody Turner, Warden, et al.; and Anthony York, Petitioner v. Melody Turner, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 976404. John T. Bagley, Petitioner v. Mark Tolle, Judge, Texas Criminal District Court Number 3, Dallas County, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976412. Jourdean S. Lorah, Petitioner v. Mark Baughman, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 976418. Melvin Leroy Tyler, Petitioner v. James Purkett, Superintendent, Farmington Correctional Center, et al.; and Melvin Leroy Tyler, Petitioner v. James Purkett, Superintendent, Farmington Correctional Center, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976422. Saul Brown, Jr., Petitioner v. Utah. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 976431. Steven Terrall, Petitioner v. City of Reno, Nevada, et al.; and Steven Terrall, Petitioner v. City of Reno, Nevada, et al. Peti- tion for writ of certiorari to the Supreme Court of Nevada denied. No. 976432. John Paul Turner, Petitioner v. Ronald J. Angelone, Director, Virginia Department of Corrections, et al. Petition for writ of certiorari to the Supreme Court of Virginia denied.

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MONDAY, DECEMBER 15, 1997 367 No. 976435. John Paul Turner, Petitioner v. United States; John Paul Turner, Petitioner v. Virginia; John Paul Turner, Petitioner v. Thomas H. Wood, Judge, Circuit Court of Virginia, City of Staunton; John Paul Turner, Petitioner v. Samuel Grayson Wilson, Judge, United States District Court for the Western District of Virginia, et al.; and John Paul Turner, Petitioner v. Internal Revenue Service, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976445. Jeffrey Collins, Petitioner v. George Smith, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976452. William E. Harvey, Petitioner v. Department of Justice, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 976481. Phillip A. Geyer, Petitioner v. Department of Justice. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 976486. Thomas E. Rodriguez, Petitioner v. William R. Watts, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. No. 976488. Samgodson Essell, Petitioner v. Drug Enforcement Ad- ministration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976490. John Marcus Gordy, Petitioner v. Charles Beltram. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976499. Douglas Wayne Thompson, Petitioner v. Federal Bu- reau of Investigation. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976519. Richard Eugene Gaddy, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. No. 976538. Arthur Andrew Parchue, Petitioner v. Ernest C. Roe, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976543. Richard Eugene Cagle, Petitioner v. North Carolina. Petition for writ of certiorari to the Supreme Court of North Caro- lina denied. No. 976548. Elvin Lebron, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied.

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368 MONDAY, DECEMBER 15, 1997 No. 976586. Maurice Robinson, Petitioner v. Patrick Arvonio, Superintendent, East Jersey State Prison, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976625. Barrett K. Scott, Petitioner v. Patricia Rainey, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976649. Buick Moomchi, Petitioner v. Wilson and Pryor, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 976657. Lawan Denise Brown, Petitioner v. Robert E. Rubin, Secretary of the Treasury. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 976660. Gregory M. Thomas, Donnell O. Williams, Derrin A. Perkins, McKinely L. Board, and Andre Williams, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 976663. Charles Fryar, Jr., Petitioner v. Massachusetts. Peti- tion for writ of certiorari to the Supreme Judicial Court of Massachu- setts denied. No. 976664. Lamont D. Osborn, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 976674. George T. Howell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 976675. Patrick Lamar Harris, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976679. Mark Frantz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 976680. Steve E. Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 976688. Ronald Clement Best, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

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MONDAY, DECEMBER 15, 1997 369 No. 976692. Alton Mills, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 976702. Ernest Payne, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 976704. Jana Raylene O'Reilly, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976705. Julius Jackson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 976707. Howein Patrice Lindo, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976709. Jonathan Michael McGinley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976712. Allen Landerman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976715. Xavier Cobblah, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 976716. Adrian Anzaldo-Casillas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976719. Gregory Oliver Mays, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976720. Richard L. Massey, Jr., Petitioner v. William L. Smith, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976722. Ganiu Ladejobi, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976725. Charles Lorenzo Leatherwood, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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370 MONDAY, DECEMBER 15, 1997 No. 976727. Charles Edwin Davidson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976730. Valentine Eke, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 976731. Jack M. K. Gonzales, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976732. Gwendolyn Daphine Hicks, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976740. Michael A. Casciano, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 976742. Sarah Montebello, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976744. Abdul-Jabbar Muhammad, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 976745. Ronald P. Martel, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 976748. Marc L. Butler, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976751. Frank Visconti, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976753. Frank Watts, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976755. Jeffery H. Reynolds, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976763. Eric Bolton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

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MONDAY, DECEMBER 15, 1997 371 No. 976765. Rodney L. Wright, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 976766. Jarvis Wright, aka Jaye, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976770. Carl David Beaman, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976771. J. W. Pearson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 976774. Antonio L. Sayles, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976782. Terry A. Williams, Petitioner v. Equal Employment Opportunity Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976784. Arleigh Carrington, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976785. Donald Larkin, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976786. Luis Monroy-Vargas, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976788. Steven P. Moser, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976792. Michael McCoy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 976793. Derrick Anthony Johnson, aka Derek David, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976795. James McPhaden, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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372 MONDAY, DECEMBER 15, 1997 No. 976803. Robert A. Lewis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 976807. Tracy Taylor, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976808. Charles W. Westbrook, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 976809. Jeffrey Walker, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 976812. Muhammed Abdul, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 976817. Carlos Morales Vargas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 97605. Ben Oehrleins and Sons and Daughter, Inc., et al., Peti- tioners v. Hennepin County. Motion of BFI Waste Systems of North America, Inc., for leave to file a brief as amicus curiae granted. Motion of Mayors' Task Force Against Waste Flow for leave to file a brief as amicus curiae granted. Motion of National Restaurant Association for leave to file a brief as amicus curiae granted. Motion of Americans for Tax Reform Foundation, et al., for leave to file a brief as amici curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97632. Francis E. Daddario, Petitioner v. Cape Cod Commis- sion. Motion of Defenders of Property Rights for leave to file a brief as amicus curiae granted. Motion of American Association for Small Property Ownership, et al., for leave to file a brief as amici curiae granted. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied. No. 97656. Central Office Telephone, Inc., Petitioner v. American Telephone and Telegraph Company. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Jus- tice O'Connor took no part in the consideration or decision of this petition.

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MONDAY, DECEMBER 15, 1997 373 Mandamus Denied

No. 976447. In Re Marques Dewayne Ward, Petitioner; and No. 976737. In Re Wilbert Guice, Petitioner. Petitions for writs of mandamus denied. No. 976372. In Re Melvin Leroy Tyler and Cornelius Dodson, Peti- tioners. Petition for writ of mandamus and/or prohibition denied.

Rehearings Denied

No. 961961. Elizabeth Gordon, Petitioner v. Board of Education for the City of New York; No. 968619. Rizalina Abellan, Petitioner v. Fairmont Hotel; No. 969024. Patrick Hugh Morrison, Petitioner v. Frank Hall, Di- rector, Oregon Department of Corrections, et al.; No. 969083. David Sanders, Petitioner v. United States; No. 969089. Martha Taha, Petitioner v. Kenny Smith, et al.; No. 969229. Veotrice McGinnis, Petitioner v. Jesse Brown, Secre- tary of Veterans Affairs; No. 969301. Rickey Leon Banks, Petitioner v. United States Dis- trict Court for the Western District of Missouri; No. 969369. Bill Ray Guinn, Petitioner v. Aristedes Zavaras, et al.; No. 969517. Scott Hill, Petitioner v. Farmers Home Group; No. 969533. Alphonso James, Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections, et al.; No. 969534. Alphonso James, Sr., Petitioner v. Robert Barclift, et al.;No. 9745. Mark Avery Hill Stern, Petitioner v. Texas; No. 97263. Ralph L. Read, Petitioner v. Medical X-Ray Center, P. C.; No. 97292. Jacob Sampson, Petitioner v. Consuelo E. Bedoya, Judge, Circuit Court of Cook County, et al.; No. 975028. Robert L. Jarrett, Jr., Petitioner v. Toxic Action Wash, aka Ohio Citizen Action; No. 975133. Elroy Preston, Petitioner v. Michael Bowersox, Super- intendent, Potosi Correctional Center; No. 975134. In Re Rickey L. Banks, Petitioner; No. 975156. Barrington F. Watkis, Petitioner v. Kuehne & Nagel, Inc., et al.; No. 975164. Martin Byrd Quillen, Petitioner v. Southwest Virginia Production Credit Association;

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374 MONDAY, DECEMBER 15, 1997 No. 975228. Alphonso James, Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections, et al.; No. 975371. In Re Roberto Baez, Petitioner; No. 975510. Scott Edwin Hill, Petitioner v. Mary Lou Maxwell, et al.;No. 975576. Mildred Barrois, Petitioner v. Unidentified Party, et al.; No. 975632. Newton Alfred Winn, Petitioner v. United States; No. 975685. Dwight B., Petitioner v. Jerri Lynn C.; No. 975814. Ronald Washington, Petitioner v. Amy Neville; Ronald Washington, Petitioner v. Amy Neville and Ronald Washington, Peti- tioner v. Amy Neville; No. 975905. Reginald Hicks, Petitioner v. Workers' Compensation Appeals Board, et al.; No. 976024. Michael Smith, Petitioner v. Gilbert Casellas, Chair- man, Equal Employment Opportunity Commission; and No. 976119. Eugene Joseph Mainville, Petitioner v. United States. Petitions for rehearing denied. No. 961557. John E. Calhoon, Petitioner v. United States. Motion of petitioner for leave to proceed further herein in forma pauperis granted. Petition for rehearing denied. No. 961911. Douglas L. Nicholson, Petitioner v. Nevada State Bar. Motion of petitioner for leave to proceed further herein in forma pau- peris granted. Petition for rehearing denied.

Attorney Discipline No. D1844. In the Matter of Disbarment of James Herman Davis. Disbarment order entered. No. D1854. In the Matter of Disbarment of Robert Patrick Fisher. Disbarment order entered. No. D1860. In the Matter of Disbarment of Charles W. Schoeneman. Disbarment order entered. No. D1862. In the Matter of Disbarment of Joseph F. Manson, III. Disbarment order entered. No. D1863. In the Matter of Disbarment of Tim Futrell. Disbar- ment entered. No. D1885. In the Matter of Disbarment of Scott A. Garver. Scott A. Garver, of Waterbury, Connecticut, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

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MONDAY, DECEMBER 15, 1997 375 No. D1886. In the Matter of Disbarment of Michael A. Pollack. Michael A. Pollack, of New York, New York, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1887. In the Matter of Disbarment of Earl Ray Andrews. Earl Ray Andrews, of Athens, Texas, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1888. In the Matter of Disbarment of Patrick Shawn Moore. Patrick Shawn Moore, of Prospect Heights, Illinois, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1889. In the Matter of Disbarment of Anthony Jamison. An- thony Jamison, of Chicago, Illinois, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1890. In the Matter of Disbarment of Paul A. Stern. Paul A. Stern, of Chicago, Illinois, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

Admissions to the Bar on Written Motions Applicant City and State Movant Robert Franklin Andrews Fort Worth, TX Richard G. Williams Joseph J. Barr, Jr. San Diego, CA Bruce Stevens Bailey Alexander J. Berline San Francisco, CA William Scott Kronenberg Ann Modlin Boehm Alexandria, VA Philip Hodgin Modlin Edgar Howard Boles, II Cleveland, OH Stephen Good Thomas Suzanne Marie Born Minneapolis, MN Carol M. Grant Lorie A. Brown Indianapolis, IN Don Alan Tabbert

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376 MONDAY, DECEMBER 15, 1997

Applicant City and State Movant Geraldine Callahan Highland Park, NJ Joseph L. Yannotti Scott L. Campbell Platte City, MO James D. Boggs Ted Gamble Clause Honolulu, HI Dorothy Sellers Joseph O. Click Washington, DC Michael Joseph Melissa E. Darigan Providence, RI Francis J. Darigan, Jr. Warren L. Dean, Jr. Washington, DC Michael Joseph A. Glenn Diddel, III Houston, TX Richard Phillips Hogan, Jr. Charles Raymond Dix Tallahassee, FL William Carl McLain Kenneth Jay Drexler Washington, DC Roberta I. Shaffer Gary J. Drucker Boca Raton, FL Michael Nachwalter Charles Norman Ek Minneapolis, MN John C. Brink Robert M. Fagan NorthBrook, IL Lawrence Schlam Robert W. Fischer, Jr. Los Angeles, CA Alan Wayte Michael J. Gippert Washington, DC James Pinson Perry Rene B. Gonzalez Brownsville, TX Edward Dale Robertson, Jr. Noel Grefenson Salem, OR John E. Storkel Paula Lynch Hardiman Providence, RI Barbara Hurst Kirk M. Hartung Des Moines, IA Donald Hoyt Zarley Carolyn J. Johnsen Phoenix, AZ Neil Vincent Wake William Jackson Jordan Bushnell, FL Judge Lynn Tepper Darrel C. Karl Potomac, MD Donald Robert Dunner M. Courtney Koger Kansas City, MO Frank W. Koger Katherine R. Kruse Madison, WI Walter J. Dickey Jeffrey Alan Lamken Washington, DC Lawrence Gerald Wallace Matt P. Lavine Silver Spring, MD James Earl McCollum, Jr. John Louis Machado Washington, DC Joanne Roney Hepworth Louis Franklin Mathias, Jr. Lawrenceburg, James M. Ringo KY

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MONDAY, DECEMBER 15, 1997 377

Applicant City and State Movant Lonnie A. Powers Boston, MA Martha Bergmark Cary Douglas Pugh Lynchburg, VA Jackson Lintecum Kiser Morgan G. Ransdell Louisville, KY Robert Vaughan Bullock Dennis Gerard Rehor Cleveland, OH Robert J. Marek Stacy Jordan Rodriguez Dallas, TX Darrell E. Jordan Nancy G. Ross Chicago, IL Wilber H. Boies Joseph A. Schenk Phoenix, AZ Neil Vincent Wake William Lucien Smith Jackson, MS George Poindexter Hewes, III Teresa J. Sopp Jacksonville, FL Wm. J. Sheppard Kevin J. Stine Belleville, IL Laura Koeneman Grandy D. Duston Tapley, Jr. Vidalia, GA George E. Argo Tamara Lee Traynor Philadelphia, PA Gaetan John Alfano Robert Gerard Warshaw Los Angeles, CA Charles E. Slyngstad Christopher L. Weiss Roseland, NJ Zulima V. Farber Corinne Beckwith Yates Lansing, MI Honorable John Paul Stevens, Associate Justice of the Supreme Court Opinions

No. 96370. Bay Area Laundry and Dry Cleaning Pension Trust Fund, Petitioner v. Ferbar Corporation of California, Inc., and Stephen Barnes. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment reversed, and case remanded to the United States Court of Appeals for the Ninth Circuit for further pro- ceedings in conformity with the opinion of this Court. Opinion by Jus- tice Ginsburg. No. 96910. City of Chicago, et al., Petitioners v. International Col- lege of Surgeons, et al. On writ of certiorari to the United States Court of Appeals for the Seventh Circuit. Judgment reversed, and case re- manded to the United States Court of Appeals for the Seventh Circuit for further proceedings in conformity with the opinion of this Court.

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378 MONDAY, DECEMBER 15, 1997 Opinion by Justice O'Connor. Dissenting opinion by Justice Ginsburg, with whom Justice Stevens joins. No. 96188. General Electric Company, et al., Petitioners v. Robert K. Joiner, et ux. On writ of certiorari to the United States Court of Appeals for the Eleventh Circuit. Judgment reversed, and case re- manded to the United States Court of Appeals for the Eleventh Circuit for further proceedings in conformity with the opinion of this Court. Opinion by The Chief Justice. Concurring opinion by Justice Breyer. Opinion by Justice Stevens, concurring in part and dissenting in part.

Admissions to the Bar on Oral Motions Applicant City and State Movant

Robert K. Kane New York, NY Richard Joseph Kane Mark Randall Baran Washington, DC Michael F. Crotty Donna Marie DeSilva Washington, DC Richard J. Oparil Mary Jill Hanson West Palm Beach, Christopher FL Thomas Corson Bonni Spatara Jensen West Palm Beach, Christopher FL Thomas Corson Ann H. Perry West Palm Beach, Christopher FL Thomas Corson Monte Elwood Crane Arlington, VA Rodger Armand Drew Joginder S. Dhillon San Diego, CA Rodger Armand Drew John H. Schumacher Aurora, CO Rodger Armand Drew Todi S. Carnes Alexandria, VA Rodger Armand Drew Paula J. DeMuth Louisville, KY Rodger Armand Drew Robert Varner Combs, II Gulfport, MS Rodger Armand Drew Maura T. McGowan Rio Rancho, NM Rodger Armand Drew Brett Louis Coakley Portsmouth, OH Rodger Armand Drew Charles Peter Kielkopf Columbus, OH Rodger Armand Drew

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MONDAY, DECEMBER 15, 1997 379

Applicant City and State Movant Regina Ellen Quinn Marble Cliff, OH Rodger Armand Drew Kevin Greenfield Norman, OK Rodger Armand Drew Cynthia Waldron Clark Portland, OR Rodger Armand Drew Neil S. Whiteman Keyser, WV Rodger Armand Drew Paul D. Barkhurst, Jr. San Antonio, TX Rodger Armand Drew Sandra Jean Babey Coral Springs, FL Louise B. Cobbs Katharine S. Barry Fort Lauderdale, Louise B. Cobbs FL Barbara Ann Heyer Fort Lauderdale, Louise B. Cobbs FL Anita Paoli Kotler Fort Lauderdale, Louise B. Cobbs FL Brenda Di Ioia Prager Fort Lauderdale, Louise B. Cobbs FL Morgan Roger Rood Fort Lauderdale, Louise B. Cobbs FL Harris Keith Solomon Fort Lauderdale, Louise B. Cobbs FL Jeffrey J. Walker Fort Lauderdale, Louise B. Cobbs FL Claudia Jo Willis Fort Lauderdale, Louise B. Cobbs FL E. Ross Zimmerman Coral Springs,, Louise B. Cobbs FL Catherine W. Zippay Fort Lauderdale, Louise B. Cobbs FL Debbie A. Coleman Bronx, NY Judge George Bundy Smith Kenneth Gordon Ellison New York, NY Judge George Bundy Smith Pamella Monica Fairclough New York, NY Judge George Bundy Smith BettieAnn Andrea Fletcher New York, NY Judge George Bundy Smith

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380 MONDAY, DECEMBER 15, 1997

Applicant City and State Movant Denise Elizabeth Foster Bronx, NY Judge George Bundy Smith Michael Anthony Francis New York, NY Judge George Bundy Smith Shirell Antionette Gross New York, NY Judge George Bundy Smith Alison C. Hinds New York, NY Judge George Bundy Smith Constant Jean-Baptiste, Jr. Brooklyn, NY Judge George Bundy Smith William S. Jones New York, NY Judge George Bundy Smith Phillip A. Jordan, Jr. North Babylon, Judge George NY Bundy Smith Eunice Carol Jordan Brooklyn, NY Judge George Bundy Smith Tanya R. Kennedy New York, NY Judge George Bundy Smith Karmela Kay Malone New York, NY Judge George Bundy Smith Guy H. Mitchell Bronx, NY Judge George Bundy Smith Lisa Annita Nelson Bronx, NY Judge George Bundy Smith Daryl L. Parker Bronx, NY Judge George Bundy Smith Royce Russell New York, NY Judge George Bundy Smith Shireene Denise Skeeter Bronx, NY Judge George Bundy Smith Marie Ann Stanley Queens, NY Judge George Bundy Smith Rudolph C. Hasl New York, NY Judge Edward D. Re Marjorie Fair Chertok East Brunswick, Judge Edward D. NJ Re Elizabeth A. Allen New York, NY Judge Edward D. Re Andrea Maria Alonso New York, NY Judge Edward D. Re

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MONDAY, DECEMBER 15, 1997 381

Applicant City and State Movant Patricia Beary New Haven, CT Judge Edward D. Re Susan Penny Bernstein Queens, NY Judge Edward D. Re James Charles Brady Huntington, NY Judge Edward D. Re Thomas E. Burns, Jr. Great Falls, VA Judge Edward D. Re Sharon Goon Cheng New York, NY Judge Edward D. Re Thomas Richard Daly Yonkers, NY Judge Edward D. Re Gloria J. Danet Brooklyn, NY Judge Edward D. Re James Gerard DeBrosse New York, NY Judge Edward D. Re Georgia DePlas Roslyn, NY Judge Edward D. Re George Raymond Dieter Somers, NY Judge Edward D. Re Peter William Dizozza New York, NY Judge Edward D. Re Michelle M. Doss Syosset, NY Judge Edward D. Re Timothy Christopher New York, NY Judge Edward D. English Re Kevin P. Fitzpatrick Williston Park, Judge Edward D. NY Re Melody Glover Astoria, NY Judge Edward D. Re Donald H. Hazelton Williston Park, Judge Edward D. NY Re Robin Mary Heaney Rockville Centre, Judge Edward D. NY Re Anne M. Kelly Huggard Mineola, NY Judge Edward D. Re Linda Bellotti Johnston New York, NY Judge Edward D. Re Peter J. Kelly Bronxville, NY Judge Edward D. Re

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382 MONDAY, DECEMBER 15, 1997

Applicant City and State Movant Kathleen Kettles-Russotti New York, NY Judge Edward D. Re Joseph M. Librie New York, NY Judge Edward D. Re Robert H. Liquerman Washington, DC Judge Edward D. Re Frank A. Lomuscio, Jr. New York, NY Judge Edward D. Re Stephen T. Mangiaracina Howard Beach, Judge Edward D. NY Re Michele Mangiaracina Malverne, NY Judge Edward D. Re Kim A. Mangiaracina Malverne, NY Judge Edward D. Re James V. Mattone Queens, NY Judge Edward D. Re Cheryl Ann McCausland Roscoe, NY Judge Edward D. Re Rosemarie Rosary McCloy New York, NY Judge Edward D. Re Carol Ann McEwen Yonkers, NY Judge Edward D. Re Claire C. McKeever Merrick, NY Judge Edward D. Re Maura Nicolosi Bayside, NY Judge Edward D. Re Alfred L. Odom Astoria, NY Judge Edward D. Re Richard J. Peiser New York, NY Judge Edward D. Re Margaret M. Philbin Falls Church, VA Judge Edward D. Re Elsa Rodriguez Preston New York, NY Judge Edward D. Re Gregory Rawlins Preston New York, NY Judge Edward D. Re Kevin Anthony Reilly New York, NY Judge Edward D. Re Thomas E. Rohan, Jr. New Rochelle, NY Judge Edward D. Re

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MONDAY, DECEMBER 15, 1997 383

Applicant City and State Movant James F. Roman Floral Park, NY Judge Edward D. Re David P. Rubinstein New York, NY Judge Edward D. Re Janet Vera Rugg Queens, NY Judge Edward D. Re Ronald G. Russo New York, NY Judge Edward D. Re Philip Anthony Russotti New York, NY Judge Edward D. Re Adam Michael Sacks Oakton, VA Judge Edward D. Re Matthew A. Sciarrino, Jr. Staten Island, NY Judge Edward D. Re Pamela A. Selvin Brooklyn, NY Judge Edward D. Re Steven Charles Siesser Washington, DC Judge Edward D. Re James C. Ughetta New York, NY Judge Edward D. Re Harvey Kenneth Watkins New York, NY Judge Edward D. Re Richard William Young West Islip, NY Judge Edward D. Re Abraham J. Dere Richmond, VA Judge Edward D. Re

Adjourned until Monday, January 12, 1998, at 10 o'clock.

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(JOURNAL) FRIDAY, JANUARY 9, 1998 385 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Certiorari Granted

No. 97501. Randall Ricci, Petitioner v. Village of Arlington Heights. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit granted. Brief of petitioner to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Monday, February 23, 1998. Brief of respondent to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Wednesday, March 25, 1998. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, April 10, 1998. Rule 29.2 does not apply. No. 97704. Philomena Dooley, Personal Representative of the Es- tate of Cecelio Chuapoco, et al., Petitioners v. Korean Air Lines Co., Ltd. Petition for writ of certiorari to the United States Court of Ap- peals for the District of Columbia Circuit granted. Brief of petitioners to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Monday, February 23, 1998. Brief of respondent to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Wednesday, March 25, 1998. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, April 10, 1998. Rule 29.2 does not apply. No. 97731. United States, Petitioner v. Chris W. Beggerly, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit granted. Brief of the Solicitor General to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Monday, February 23, 1998. Brief of respondents to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Wednes- day, March 25, 1998. Reply brief, if any, is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, April 10, 1998. Rule 29.2 does not apply. No. 976270. Gerald R. Caron, Petitioner v. United States. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari to the United States Court of Appeals for the First Circuit granted. Brief of petitioner to be filed with the Clerk and

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386 FRIDAY, JANUARY 9, 1998 served upon opposing counsel on or before 3 p.m., Monday, February 23, 1998. Brief of the Solicitor General to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Wednesday, March 25, 1998. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, April 10, 1998. Rule 29.2 does not apply.

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(JOURNAL) MONDAY, JANUARY 12, 1998 387 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer. The Chief Justice said: "Today's orders of the Court have been certified by The Chief Jus- tice, filed with the Clerk, and will not be announced orally."

Orders In Pending Cases

No. A439. Harry Allen Plyler, et al., Applicants v. Michael W. Moore, Director, South Carolina Department of Corrections. Applica- tion to vacate stay of mandate addressed to Justice Stevens and re- ferred to the Court denied. No. M24. Enrique Manzano, Petitioner v. Gary L. Johnson, Direc- tor, Texas Department of Criminal Justice, Institutional Division. Mo- tion for reconsideration of order denying motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M31. Oni B. Cole, Petitioner v. Millard Fillmore Hospital. Mo- tion to direct the Clerk to file a petition for writ of certiorari out-of- time denied. No. M32. Rosell Lazaro, Petitioner v. United States. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M33. Lisa G. Mann, Petitioner v. University of Cincinnati, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M34. Sharon H. Cornelius, Petitioner v. Exxon Company USA, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. 120, Original. State of New Jersey, Plaintiff v. State of New York. Motion of Western Mohegan Tribe and Nation of New York for reconsideration of order denying leave to file a brief as amicus cu- riae denied. No. 961693. Frank X. Hopkins, Warden, Petitioner v. Randolph K. Reeves. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted.

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388 MONDAY, JANUARY 12, 1998 No. 961923. Edward S. Cohen, Petitioner v. Hilda De La Cruz, et al. Motion of the Solicitor General for leave to participate in oral argu- ment as amicus curiae and for divided argument granted. No. 961925. Caterpillar Inc., Petitioner v. International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, et al. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted. No. 961768. C. Elvin Feltner, Jr., Petitioner v. Columbia Pictures Television, Inc. Motion of American Intellectual Property Law Associa- tion for leave to file a brief as amicus curiae granted. No. 968516. Kenneth Eugene Bousley, Petitioner v. Joseph M. Brooks, Warden. Motion of the Solicitor General for divided argument granted to be divided as follows: petitioner - 20 minutes; the Solicitor General - 20 minutes; amicus curiae in support of judgment below - 20 minutes. Motion of the Solicitor General to substitute the United States as respondent granted. No. 968732. Vincent Edwards, Reynolds A. Wintersmith, Horace Joiner, Karl V. Fort, and Joseph Tidwell, Petitioners v. United States. Motion for appointment of counsel granted, and it is ordered that Don- ald P. Sullivan, Esquire, of Rockford, Illinois, is appointed to serve as counsel for the petitioner Horace Joiner in this case. No. 968986. Arnold F. Hohn, Petitioner v. United States. Motion of the Solicitor General for divided argument granted to be divided as follows: petitioner-25 minutes; the Solicitor General-10 minutes; amicus curiae in support of judgment below-25 minutes. No. 9742. Eastern Enterprises, Petitioner v. Kenneth S. Appel, Commissioner of Social Security, et al. Motion of Davon Inc. for leave to file a brief as amicus curiae granted. No. 97300. Terry Stewart, Director, Arizona Department of Correc- tions, et al., Petitioners v. Ramon Martinez-Villareal. Motion of Crimi- nal Justice Legal Foundation for leave to file a brief as amicus curiae granted. No. 97372. United States, Petitioner v. United States Shoe Corpora- tion. Motion of Arctic Cat, et al., for leave to file a brief as amici curiae granted. No. 97454. United States, Petitioner v. CPC International, Inc., et al. Motion of the Solicitor General to dispense with printing the joint appendix granted. No. 97826. AT&T Corp., et al., Petitioners v. Iowa Utilities Board, et al.; and AT&T Corp., et al., Petitioners v. California, et al;

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MONDAY, JANUARY 12, 1998 389 No. 97829. MCI Telecommunications Corporation, Petitioner v. Iowa Utilities Board, et al.; and MCI Telecommunications Corporation, Petitioner v. California, et al.; and No. 97831. Federal Communications Commission and United States, Petitioners v. Iowa Utilities Board, et al.; and Federal Commu- nications Commission and United States, Petitioners v. California, et al. Motions of petitioners to expedite consideration of the petitions for writs of certiorari granted, and the several petitions for writs of certio- rari will be considered by the Court at its January 23, 1998, Conference. Justice O'Connor took no part in the consideration or decision of these motions. No. 97907. In Re James L. Martin, Applicant. Application for stay addressed to Justice Breyer and referred to the Court denied. No. 976750. Frank Atuahene, Petitioner v. New Jersey Department of Transportation. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner allowed until February 2, 1998, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.

Certiorari Denied No. 961405. Smiths Industries Medical Systems, Inc., Petitioner v. Sarah Kernats, etc., et al. Petition for writ of certiorari to the Appel- late Court of Illinois, First District, denied. No. 961493. Ardith Cavallo, Petitioner v. Star Enterprise, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 961611. Collagen Corporation, Petitioner v. Arlene Fiore, et vir. Petition for writ of certiorari to the Court of Appeals of Arizona, Division One, denied. No. 961742. Kimberly Belshe, Director, California Department of Health Services, Petitioner v. Orthopaedic Hospital, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 961987. Nippon Paper Industries Co., Ltd., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 9723. Stephen L. Goewey, By His Next Friend, Julie Goewey, et al., Petitioners v. Fluor Daniel, Inc., et al. Petition for writ of certio- rari to the United States Court of Appeals for the Fourth Circuit denied.

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390 MONDAY, JANUARY 12, 1998 No. 97149. Walid Khalife, Fred Abdenour, and Goldcorp, Inc., Peti- tioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97338. Ahmet Aktepe, et al., Petitioners v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97361. Darrell Combs, Petitioner v. Meadowcraft Company, dba Plantation Patterns. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97385. John B. Wells, Petitioner v. Herschel W. Gober, Acting Secretary of Veterans Affairs. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 97474. Estate of Benjamin Shapiro, Deceased, etc., Petitioner v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97485. Connecticut, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97502. Thai Pham, Petitioner v. Department of Justice and Im- migration and Naturalization Service. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97511. Rhoades Oil Company, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 97516. Dennis Harker, Petitioner v. United States, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97524. William Silva, Petitioner v. Jay Ram. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Cir- cuit denied. No. 97535. Jeffrey B. Hopkins, Petitioner v. Ken Marks Ford and PCA Solutions, Inc. Petition for writ of certiorari to the District Court of Appeal of Florida, First District, denied. No. 97541. Arrest the Incinerator Remediation (A.I.R.), Inc., Peti- tioner v. Environmental Protection Agency, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

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MONDAY, JANUARY 12, 1998 391 No. 97543. Michael Martin, et ux., Petitioners v. Mark Horton, et al. Petition for writ of certiorari to the Court of Appeals of Michigan denied. No. 97552. Domino's Pizza, Inc., Petitioner v. Equal Employment Opportunity Commission, and David Papa. Petition for writ of certio- rari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97559. Stephen Michael Ridder, Petitioner v. City of Spring- field, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97564. SRS Technologies, Incorporated, Petitioner v. Depart- ment of Defense, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97568. John H. Hapgood, Petitioner v. City of Warren. Petition for writ of certiorari to the Court of Appeals of Ohio, Trumbull County, denied. No. 97577. D. L. Baker, Inc., Petitioner v. National Labor Relations Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97580. Shakespeare Company, Petitioner v. Silstar Corporation of America, Incorporated. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97584. Lemuel H. Cox, Petitioner v. Guilford County Board of Education. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97586. Mark Hartmann, a Minor by His Parents and Next Friends, Roxanna Hartmann, et vir, et al., Petitioners v. Loudoun County Board of Education; and No. 97769. Loudoun County Board of Education, Petitioner v. Mark Hartmann, a Minor by His Parents and Next Friends, Roxanna Hart- mann, et vir, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97600. John Kronberg, et al., Petitioners v. Chicago Title Insur- ance Company, et al. Petition for writ of certiorari to the Appellate Court of Connecticut denied. No. 97603. Bowater Incorporated and Subsidiaries, Petitioner v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97607. John R. McCarron, Petitioner v. Federal Deposit Insur- ance Corporation, as Receiver of Meritor Savings Bank and in its own

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392 MONDAY, JANUARY 12, 1998 capacity. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 97614. John Joseph Vaccaro, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97642. Darrell V. McGraw, Jr., Attorney General of West Vir- ginia, Petitioner v. Better Government Bureau, Incorporated. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97674. Joan Carol Lipin, Petitioner v. American National Red Cross, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97676. Debra J. Ford, Petitioner v. Edgar Lawrence, Executive Director, Plumbers and Gas Fitters Examining Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97681. Lewis G. Ashton, Petitioner v. Department of Veterans Affairs, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97682. Margarita Serapion, Petitioner v. Fred H. Martinez, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 97687. Frank Wood, Trustee of the Wood Family Trust, Peti- tioner v. Elden W. Bainbridge, Trustee, Elden W. Bainbridge Trust, June 13, 1968, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97691. Michael F., by His Next Friend and Parents, Barry F., et ux., Petitioners v. Cypress-Fairbanks Independent School District. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97693. Delores Marie Swekel, Personal Representative of the Estate of Arnold F. Swekel, Deceased, Petitioner v. Gregory Harring- ton, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97701. High Ridge Association, Inc., Petitioner v. Aaron E. Green, et ux. Petition for writ of certiorari to the Court of Appeals of Maryland denied. No. 97702. Seacor Marine, Inc., Petitioner v. Chevron, U. S. A., Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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MONDAY, JANUARY 12, 1998 393 No. 97707. Deborah Huard, Petitioner v. Ernest P. O'Connor, Jr. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 97709. C. W. Smith, et al., Petitioners v. Gwinnett County. Peti- tion for writ of certiorari to the Supreme Court of Georgia denied. No. 97710. Paula Kilcoyne, Petitioner v. Bentley College, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 97711. Michael S. Allred, Petitioner v. Moore & Peterson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97717. Trinity Industries, Inc., Petitioner v. Johnstown America Corporation and JAC Patent Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 97721. County of San Joaquin, et al., Petitioners v. California Water Resources Control Board, et al. Petition for writ of certiorari to the Court of Appeal of California, Third Appellate District, denied. No. 97727. Eloise Anderson, Director, California Department of So- cial Services, et al., Petitioners v. Capitola Land, Maria Lopez, and Jean McCrumby. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 97729. Anonymous, Petitioner v. Richard Wilentz, Chief Justice, Supreme Court of New Jersey, et al.; Anonymous, Petitioner v. Richard Wilentz, Chief Justice, Supreme Court of New Jersey, et al.; and Anon- ymous, Petitioner v. Richard Wilentz, Chief Justice, Supreme Court of New Jersey, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 97730. Anonymous, Petitioner v. Judith S. Kaye, Chief Judge, Court of Appeals of New York, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97733. David B., James S., Richard D., Christine B., and Ger- maine M., Through Their Guardian Ad Litem, Patrick T. Murphy, etc., Petitioners v. Jess McDonald, Director, Illinois Department of Children and Family Services. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97735. Stanley D. Trout, Petitioner v. City of Blue Ash. Petition for writ of certiorari to the Court of Appeals of Ohio, Hamilton County, denied.

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394 MONDAY, JANUARY 12, 1998 No. 97738. City of Omaha, Petitioner v. Royce Doane. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97744. Anna Hinkel, Petitioner v. Curtis R. Hinkel and Pruden- tial Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97748. Earl James Watson, Petitioner v. Charles Hill, Superin- tendent, Odom Correctional Institute. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97749. Barry K. Schwartz, dba Barry K. Schwartz Partnership, et al., Petitioners v. Roger Sullivan. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97751. Robin Joy Shahar, Petitioner v. Michael J. Bowers, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97752. Ron J. Steele, et al., Petitioners v. City of Walla Walla. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97756. Harvey F. Burge and Marjorie C. Sanders, Petitioners v. Paul C. Behr, et ux. Petition for writ of certiorari to the Court of Appeals of Colorado denied. No. 97757. Jack Einheber, Petitioner v. Public Employment Rela- tions Board of California (University of California at Berkeley, etc., Real Party in Interest). Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied. No. 97759. James W. Cilecek, Petitioner v. Inova Health System Services, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97761. Elizabeth Weaver, et al., Petitioners v. Harvey Wood, et al. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied. No. 97762. Star Enterprise, Petitioner v. Matthews Smith, et al.; andNo. 97770. Texaco, Inc., Petitioner v. Matthews Smith, et al. Peti- tions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97768. Raymond Wahrman, Petitioner v. John A. Wahrman, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

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MONDAY, JANUARY 12, 1998 395 No. 97772. James F. Price, Petitioner v. Juan Malerba, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97773. Raymond J. DiRussa, Petitioner v. Dean Witter Reyn- olds, Inc., and Lawrence J. Solari, Jr. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97781. William Edward Taylor, Petitioner v. Missouri. Petition for writ of certiorari to the Court of Appeals of Missouri, Western District, denied. No. 97793. Jeffrey Bisel and Dennis Roehm, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97798. Art Osborne, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 97800. Martin Cadillac Co., Inc., Petitioner v. Division of Labor Standards Enforcement, California Department of Industrial Rela- tions, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 97802. General Practice Associates, Inc., et al., Petitioners v. Humana, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97803. Mel Jenkins, Petitioner v. Florida Keys Community Col- lege, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97809. Karam Bedi, Petitioner v. Andre Grondin, Leonard A. Radlauer, and Carlos E. Zeledon. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97813. AmerSig Graphics, Inc. and Bowne of Phoenix, Inc., Petitioners v. Estate of Joseph E. Widener, Deceased, etc., et al. Peti- tion for writ of certiorari to the Superior Court of Pennsylvania, Phila- delphia Office, denied. No. 97815. Martins Timehin, Petitioner v. City and County of San Francisco, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97821. Darryl Scott, Petitioner v. Western State University College of Law. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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396 MONDAY, JANUARY 12, 1998 No. 97823. Nancy Gracia, Petitioner v. Volvo Europa Truck, N.V. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97825. Charles M. Millner, Petitioner v. ITT Aerospace/Com- munications Division of ITT Corporation, Incorporated. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97835. Jeanette Nelson, Petitioner v. Rehabilitation Enter- prises of North Eastern Wyoming, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 97838. Jerry Vernon, Petitioner v. Joe Williams, Warden. Peti- tion for writ of certiorari to the District Court of New Mexico, Berna- lillo County, denied. No. 97840. Richard F. Heaning, Petitioner v. NYNEX-New York, aka New York Telephone Company. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97848. Scott Manatt, Individually and as Father of Scott Ma- natt, Jr., Deceased, et al., Petitioners v. Union Pacific Railroad Com- pany, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97857. Gregory A. Dale, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Armed Forces denied. No. 97861. Gary A. Washington, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Armed Forces denied. No. 97865. Leslie J. Webster, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97866. Barbara Bullitt Christian, et al., Petitioners v. Beargrass Corporation, et al. Petition for writ of certiorari to the Court of Ap- peals of Kentucky denied. No. 97867. Samuel T. Helms, II, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Armed Forces denied. No. 97869. T. Carlton Richardson, Petitioner v. District of Columbia Bar, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

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MONDAY, JANUARY 12, 1998 397 No. 97871. Salvatore A. Williams, aka "Sonny", et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 97879. Yiqun Guo, Petitioner v. Ryland Group, Inc., et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97894. Barry Trupin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97896. Asa G. Swanner, Jr., et ux., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97898. JLM Aviation International, Inc., and Jose L. Mendiola, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97904. Jorge Alberto Innocencio, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97911. Marcangelo Cotoia, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97912. Anthony Marcellus Baker, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97925. Chela H. Urbina, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97926. Margarita Lightbourn, et al., Petitioners v. Antonio O. Garza, Jr., Secretary of State of Texas. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97931. West Indies Transport, Inc., et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 97933. William M. Hamilton, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Armed Forces denied. No. 97935. Donald J. Dresen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Armed Forces denied.

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398 MONDAY, JANUARY 12, 1998 No. 97936. Christopher T. Hicks, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Armed Forces denied. No. 97937. Frank E. Howard, Petitioner v. Maryland Administrative Board of Election Laws, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97938. Gerald Lee Rogers, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 97939. Anthony Ciocchetti, Jr., Petitioner v. District Court of Colorado, Jefferson County, et al. Petition for writ of certiorari to the Court of Appeals of Colorado denied. No. 975023. David Martinez, Petitioner v. United States; and No. 975738. Joseph Gonzalez, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975125. John R. Schaefer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 975363. Aldo Ray Washington, aka Dink, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975420. Roger Eugene Gresham, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 975531. Kenneth Allen McDuff, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 975748. Mark Andrew Larson, Petitioner v. Karin Sofia Oh- lander. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 975859. Glenn L. Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 975872. Donovan Walter Horsman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 975900. Vincent dePaul Gisriel, Jr., Petitioner v. Ocean City Board of Supervisors of Election, et al. Petition for writ of certiorari to the Court of Appeals of Maryland denied.

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MONDAY, JANUARY 12, 1998 399 No. 975916. Willie J. Williams, Jr., Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 975957. John Edward Kuplen, Petitioner v. Brenda Hardy, et al. Petition for writ of certiorari to the Court of Appeals of North Carolina denied. No. 975968. Syed H. Zaidi, Petitioner v. Northern Virginia Hospital Corporation, et al. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 976029. William Leroy Harding, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 976053. Ricky Eugene Kerr, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 976082. Larry Donnell Gaither, Petitioner v. James B. French, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976179. Dexter D. Chambers, aka Dexter Holmes, Petitioner v. United States; No. 976206. Alonzo Bates, Petitioner v. United States; No. 976213. Donald R. Miller, Petitioner v. United States; No. 976216. Reginald D. Wilson, Petitioner v. United States; No. 976217. Roderick Allen, Petitioner v. United States; and No. 976496. Sebastian Richardson, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976200. John Davis McNeill, Petitioner v. North Carolina. Peti- tion for writ of certiorari to the Supreme Court of North Carolina denied. No. 976218. Bobby G. Wilcher, Petitioner v. Mississippi; and Bobby G. Wilcher, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied. No. 976250. Jose Luis Arce, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976352. Richard Maloney, Petitioner v. Workers' Compensation Appeals Board of California, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 976402. Robert Lee White, Petitioner v. Paul Crow, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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400 MONDAY, JANUARY 12, 1998 No. 976413. Barry Lee Jones, Petitioner v. Arizona. Petition for writ of certiorari to the Supreme Court of Arizona denied. No. 976420. Helen Savage, Petitioner v. Michigan. Petition for writ of certiorari to the Court of Appeals of Michigan denied. No. 976426. Daniel Ruiz Subia, Petitioner v. Manuel Fuentes, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976428. Floyd W. Damren, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 976438. James Philpot, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. No. 976453. Repoleon Gilbert, Petitioner v. Ronald Dobbs, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied. No. 976455. Robert J. Sheehy, et ux., Petitioners v. Mary E. Parker, et al. Petition for writ of certiorari to the Superior Court of Pennsylva- nia, Pittsburgh Office, denied. No. 976456. Robert J. Sheehy, et ux., Petitioners v. Pennsylvania, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied. No. 976459. Robin Myers, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. No. 976462. Kevin Jones, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. No. 976463. Eric Johnson, Petitioner v. California, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976466. Jesse E. Robinson, Petitioner v. B. Smith, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 976474. James Smith, Petitioner v. Ohio Department of Human Services. Petition for writ of certiorari to the Court of Appeals of Ohio, Clermont County, denied. No. 976477. John E. Devlin, Petitioner v. Florida, et al. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

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MONDAY, JANUARY 12, 1998 401 No. 976479. Calvin Hollowell, Petitioner v. Randy Johnson. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976480. Ashsha East, Petitioner v. Wesley A. Seideman, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976485. Thomas Sosa, Petitioner v. Unknown Hinojosa, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976491. Darryl House, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 976493. Jackie Ray Roller, Petitioner v. Stanley Tuggle. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976501. Yuan Jin, Petitioner v. University of Pennsylvania. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976504. Robert L. McClain, Petitioner v. James S. Price, Super- intendent, State Correctional Institution at Pittsburgh, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976508. Joseph R. Spaziano, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Fifth District, denied. No. 976509. Reginald L. Powell, Petitioner v. Michael Bowersox, Superintendent, Potosi Correctional Center. Petition for writ of certio- rari to the United States Court of Appeals for the Eighth Circuit denied. No. 976511. Josh Thomas, Petitioner v. D. R. Hill, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976515. Randy Don Hill, Petitioner v. Oklahoma. Petition for writ of certiorari to the Supreme Court of Oklahoma denied. No. 976516. Kamran Tavakoli-Nouri, Petitioner v. Richard Alton Mitchell. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied. No. 976517. Brian Brush, Petitioner v. Arizona Department of Rev- enue, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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402 MONDAY, JANUARY 12, 1998 No. 976520. Glen C. James, Petitioner v. Wayne Scott, Executive Director, Texas Department of Criminal Justice, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Cir- cuit denied. No. 976527. Kavin Peeples, Petitioner v. Carl Anderson, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 976528. Jawad Omawalli, Petitioner v. Carl Anderson, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 976530. Arthur Lee Bright, Petitioner v. Patricia Caruso. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 976531. John S. Bergmann, Petitioner v. Candler County De- partment of Family and Children Services, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied. No. 976532. George Franklin Page, Petitioner v. North Carolina. Petition for writ of certiorari to the Supreme Court of North Caro- lina denied. No. 976537. Robert L. Saunders, Petitioner v. Hartford Fire Insur- ance Co. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 976540. Patrick L. Ashley, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Fifth District, denied. No. 976545. Kirk Wayne McBride, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 976546. Jerry Dempsey McIntyre, Petitioner v. Nevada. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976553. Timothy Richardson, Petitioner v. North Carolina. Pe- tition for writ of certiorari to the Supreme Court of North Carolina denied. No. 976558. Sherman H. Skolnick and Joseph Andreuccetti, Peti- tioners v. Hillary Rodham Clinton, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

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MONDAY, JANUARY 12, 1998 403 No. 976561. Laurence Keith Libberton, aka Lawrence Keith Libbe- rton, Petitioner v. Arizona. Petition for writ of certiorari to the Supe- rior Court of Arizona, Maricopa County, denied. No. 976564. Michael Roberts, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. No. 976565. Debra Bracewell, Angela Allen, Gloria Richardson, Vivian Frankie Conwell, Lisa Taylor, Felicia Bowers, Sheila Turner, Tamika Cole, Patricia Stovall and Juana Tillman, Petitioners v. Shirlie Lobmiller, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976566. Ruben Eugene Coggins, Petitioner v. First Family Fi- nancial Services, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976573. Michael Anthony Dyer, aka Sharriff Malik Dyer, Peti- tioner v. Michigan. Petition for writ of certiorari to the Court of Ap- peals of Michigan denied. No. 976576. Thomas E. Smith, Petitioner v. H. Terry Grimes, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976582. Gilbert Roman, Petitioner v. George Tenet, Director of Central Intelligence. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 976584. Kirk Douglas Leaphart, Petitioner v. Ronald Gach, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 976587. Tony Curtis Hill, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Fifth District, denied. No. 976589. Devronne J. Gillis, Petitioner v. North Carolina. Peti- tion for writ of certiorari to the Supreme Court of North Carolina denied. No. 976590. Ray Byron Ford, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appel- late District, denied. No. 976591. Angel Garcia, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Third District, denied. No. 976597. Theodore Williams, Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections. Petition for writ of

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404 MONDAY, JANUARY 12, 1998 certiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied. No. 976598. Yvonne Lattimore, Petitioner v. County of Monterey. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976601. Steve Edward Roach, Petitioner v. Ronald J. Angelone, Director, Virginia Department of Corrections. Petition for writ of cer- tiorari to the Supreme Court of Virginia denied. No. 976604. Brian Maus, Petitioner v. James Murphy, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 976613. Ernest Sidney Jones, Jr., Petitioner v. Sergeant Zim- merman, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976614. Julia S. Macri, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 976616. Wilbur McReynolds, Petitioner v. New York, et al. Pe- tition for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied. No. 976620. Joyceline Swain, Petitioner v. Detroit Board of Educa- tion, et al. Petition for writ of certiorari to the Court of Appeals of Michigan denied. No. 976626. Lorraine Poole, Petitioner v. William O. Whitehurst, Jr., et al. Petition for writ of certiorari to the Supreme Court of Texas denied. No. 976630. Alfonso Rodriquez, Petitioner v. William Batcheller, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976633. Howard Vanzandt Williams, Petitioner v. Ariel Obregon, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976634. Brett Ashley Webber, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. No. 976635. Martin F. Delaney Jr., Petitioner v. Massachusetts. Pe- tition for writ of certiorari to the Supreme Judicial Court of Massachu- setts denied. No. 976636. Warfield Raymond Wike, Jr., Petitioner v. Florida. Peti- tion for writ of certiorari to the Supreme Court of Florida denied.

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MONDAY, JANUARY 12, 1998 405 No. 976643. Margaret Ann Willis, Petitioner v. University of Louis- ville, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 976644. Louis A. Csoka, Petitioner v. United States, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 976646. John D. Arnold, Petitioner v. Michael W. Moore, Direc- tor, South Carolina Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976647. Raymond June Saxon Mims, Petitioner v. Larry Bur- ton, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976648. Dorothy P. Litzenberg, Petitioner v. John H. Litzenb- erg. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. No. 976650. Nathaniel Joseph, Petitioner v. City of New Orleans, Louisiana. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976653. Thomas Ritchie McBride, Petitioner v. Gary L. John- son, Director, Texas Department of Criminal Justice, Institutional Di- vision. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976654. Sidney Marts, Petitioner v. Phillip Hines, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976655. Gilbert Antonio Jarquin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 976658. Ronald Branson, Petitioner v. City of Los Angeles, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 976662. Ginger Robin Turnmire, Petitioner v. Penny A. Bern- hardt, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 976665. Corey Duane Hamilton, Petitioner v. Oklahoma. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Okla- homa denied.

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406 MONDAY, JANUARY 12, 1998 No. 976670. Kirby Gardner, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976671. Glendora, Petitioner v. Tele-Communications, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 976673. Glendora, Petitioner v. Barry Marshall, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 976678. David Glen Harris, Petitioner v. Gary L. Johnson, Di- rector, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976681. Sidney Hertz, Petitioner v. Robert Storer, et al. Peti- tion for writ of certiorari to the Supreme Court of Alaska denied. No. 976682. Dale M. L. Denney, Petitioner v. Jerome R. Jones. Peti- tion for writ of certiorari to the Court of Appeals of Kansas denied. No. 976693. Terry N. Taylor, Petitioner v. William Leavy, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 976694. Attila Orban, Petitioner v. Donald T. Vaughn, Superin- tendent, State Correctional Institution at Graterford, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976696. John E. Simmons, Petitioner v. GTE North, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 976697. Rickey Leon Scott, Petitioner v. Robert A. Brundage. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied. No. 976700. Victor Corral, Petitioner v. K. Hair, Officer, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976701. Leonardo Antonio Vicente-Guzman, Petitioner v. Immi- gration and Naturalization Service. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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MONDAY, JANUARY 12, 1998 407 No. 976711. Jose Thomas Castaneda, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Sixth District, denied. No. 976724. Onesimo Cedillo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 976729. Joseph Hughes, Petitioner v. Department of Housing and Urban Development, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 976738. George E. McDermott, Petitioner v. Kansas Associates, Inc. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied. No. 976743. Michael Alan Lasley, Petitioner v. Georgetown Univer- sity. Petition for writ of certiorari to the United States Court of Ap- peals for the District of Columbia Circuit denied. No. 976752. Michael Warren Bannan, Petitioner v. Ronald J. Ange- lone, Director, Virginia Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976754. David Rowkosky, Petitioner v. David H. Larkins, Superintendent, State Correctional Institution at Dallas, Pennsylvania. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976759. Kevin P. Sullivan, Petitioner v. Massachusetts. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied. No. 976804. Oscar Navarro-Duarte, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976805. Kendrick Dewayne Mitchell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976814. Norman L. Burgess, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976818. James Woerner, Petitioner v. Gary L. Johnson, Direc- tor, Texas Department of Criminal Justice, Institutional Division. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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408 MONDAY, JANUARY 12, 1998 No. 976819. David Woodruff, Petitioner v. Wyoming. Petition for writ of certiorari to the Supreme Court of Wyoming denied. No. 976824. Wilbert DeCosta Greaves, aka Tony, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976825. Santos Escotto, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 976827. Jose Gonzalez-Portillo, Juan Martinez-Rojas, and Jesus A. Funes, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 976828. Edward Henderson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976829. Ronald Harmon, Petitioner v. United States; and No. 976839. Derrick Anthony Thomas, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976830. Marques Rodgers, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976831. Stanley Knox, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976832. Delbert H. Reidt, Petitioner v. United States Court of Appeals for the Ninth Circuit. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976834. Roy C. Blakeney, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976840. Otis Tugwell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976841. Johnny Lee Williams, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976843. Franklin Leon Bryan, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

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MONDAY, JANUARY 12, 1998 409 No. 976844. Francisco Solano-Godines, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976845. Ernest Lavell Bounds, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976848. Richard Blue-Sky, Petitioner v. California Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976852. Oscar Roman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976855. Peter M. Bergne, Petitioner v. James H. Gomez, Direc- tor, California Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976856. Jose R. Arguelles, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976857. Suzanne M. Bartley, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 976869. James Garnell Brown, Petitioner v. Rick Kearney, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976872. Thomas Bates, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 976873. Jose Arias-Santos, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 976874. Charles Ray Burton, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976875. Van Lee Brewer, Petitioner v. Gary L. Johnson, Direc- tor, Texas Department of Criminal Justice, Institutional Division. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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410 MONDAY, JANUARY 12, 1998 No. 976876. Gary Wayne Bragg, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976878. Ellis Croft, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976879. Curtis Croft, Petitioner v. George DeTella, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 976880. Marion T. Beaven, Petitioner v. Daniel R. McBride, Superintendent, Westville Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Cir- cuit denied. No. 976883. Johnny Knox, Petitioner v. Jimmy Harrison, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 976884. Sherman Myers, aka Sherman Meyers, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 976885. Cecelio F. McDonald, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 976888. Jorge Luis Pacheco, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976893. David G. Fleming, Petitioner v. Maine. Petition for writ of certiorari to the Supreme Judicial Court of Maine denied. No. 976897. Franklin Fletcher, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976901. Bernard Lazar Hoffman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 976903. Sam Autry Fletcher, aka Junior, Petitioner v. United States; and No. 976917. James Adams Watts, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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MONDAY, JANUARY 12, 1998 411 No. 976904. Enrique Gonzales, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976906. Mulk Raj Dass, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 976909. Omil Arroyo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 976910. Thomas W. Mitchell, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 976911. William LeCroy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976914. Jeffrey Donn Lee, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976916. Calvin L. Banks, Petitioner v. Gary McCaughtry, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. No. 976918. Edward James Watson, aka Big Boy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976919. Everette Jamel Taylor, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976920. Kevin Winters, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 976921. James R. Young, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976926. Wheeler Williams, Petitioner v. William Jednorski, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976927. Lawrence Taylor, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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412 MONDAY, JANUARY 12, 1998 No. 976928. Stephen Michael Zagnojny, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976931. Aaron Jefferson, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Montgomery County, denied. No. 976935. Patrick Patterson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976937. Charles Stokes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976938. Thomas Saia, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 976941. Laureano Antonio-Cruz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976942. James E. Arnold, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 976943. Tommy Dale Christopher, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976944. Carl Louis Coppola, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976945. Cesar Castillo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 976946. Robert K. Culpepper, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976947. Ceferino Cruz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 976948. Kenneth Leon Meader, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

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MONDAY, JANUARY 12, 1998 413 No. 976950. James W. McAllister, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 976951. Todd Edward Matthews, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976952. Gladstone Neysmith, aka Fitzroy Blake, Petitioner v. Ronald J. Angelone, Director, Virginia Department of Corrections. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976956. Alvin Bonner, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 976957. Kenny Ray Conway, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976959. Jesus Manuel Rios-Favela, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976962. Ernest A. Martin, Petitioner v. Ronald J. Angelone, Director, Virginia Department of Corrections. Petition for writ of cer- tiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976963. Melva Eileen Leasure, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976966. John Gregory Lambros, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976967. Gregory Scarpa, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 976970. Clarence Robinson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976971. Ephriam Bristow, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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414 MONDAY, JANUARY 12, 1998 No. 976973. Gary W. Dickerson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976974. Emerson Herrod, aka Fritz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976976. Robert E. Hyde, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976978. Richard Washington, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976981. Hilton Lamar Holley, aka Frank Holley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976982. Jennifer Lynn Estep, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976985. Keith Desmond Wright, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976986. Anthony Nwokeji, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 976987. Dorothy Marie Gaines, aka Doris, Jerry Lee Brand, and Willie Charles Nicholson, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 976988. Jerry Lee Lewis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976989. Arnold Jackson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976990. William Ross, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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MONDAY, JANUARY 12, 1998 415 No. 976996. James C. Maki, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976998. Jerry Donald Stewart, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977004. Terrence Tyrone Byrd, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977006. Kevin Lamont Mathis, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977007. Robert Clay McClanahan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977027. James Edward Hayden, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 977030. Ronald K. Gossage, Petitioner v. Helen Howard Hughes, Chairperson, Kentucky Parole Board. Petition for writ of cer- tiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 977031. Robert W. Edwards, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 977033. Michael David Bullock and George Dean Young, Peti- tioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 977034. Hans Boos, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977035. Daniel J. Waletzki, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 977037. Javier Reyes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

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416 MONDAY, JANUARY 12, 1998 No. 977043. Sharke Fernando Bankston, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977045. Octavio Barocio, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977049. Denver Ade Martin, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977050. Mark L. Neff, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 977051. Ronnie Eason James, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977056. Gustav W. Skurdal, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977057. Danny Lee Wright, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977060. Frederick Marr, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 977064. Bobby A. Holton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 977066. Duane Guess, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 977067. Edward Ray Green, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 977070. Patrick Gonsalves and Cedric Starks, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977073. Ernest D. Smith, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

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MONDAY, JANUARY 12, 1998 417 No. 977077. Gerardo Bejarano-Ramirez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977078. Julio Figueroa-Romero, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 977080. Jorge Fernandez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977082. Charles Bennie Hunt, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977086. Paul J. Gibson, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977090. Marlon Dickerson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977095. Leroy Ellis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977096. Julio Garcia-Venegas, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977099. Broderick Wilson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97471. Kansas Public Employees Retirement System, Peti- tioner v. Blackwell, Sanders, Matheny, Weary & Lombardi, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice O'Connor, Justice Souter, and Justice Ginsburg would grant the petition for a writ of certiorari, vacate the judgment, and remand the case to the United States Court of Appeals for the Eighth Circuit for further consideration in light of KPERS v. Reimer & Koger Assocs., Inc., 262 Kan. 635 (1997). No. 97520. General American Life Insurance Company, Petitioner v. IT Corporation, et al. Motion of Southwest Administrators, Inc., for leave to file a brief as amicus curiae granted. Motion of American Council on Life Insurance, et al., for leave to file a brief as amici curiae

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418 MONDAY, JANUARY 12, 1998 granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97550. DFA Investment Dimensions Group Inc., et al., Petition- ers v. Munford, Inc.; and No. 97591. Danne' Brokaw Munford, Executrix of the Estate of Dillard Munford, Deceased, et al., Petitioners v. Munford, Inc. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. Justice Breyer took no part in the consider- ation or decision of these petitions. No. 97670. Martin Bellows, etc., Petitioners v. Amoco Oil Company, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. Justice Breyer took no part in the consideration or decision of this petition. No. 97594. Unisys Corporation, Petitioner v. Ceska Sporitelna, A. S. Motion of Ford Motor Company, et al., for leave to file a brief as amici curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 97613. James P. Murphy, Petitioner v. Aaron Lindh. Motion of respondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97767. Case Corporation, etc., Petitioner v. Daniel Freeman. Motion of The Chemical Manufacturers Association for leave to file a brief as amicus curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97846. Colleen E. Newport, et vir, Petitioners v. Missouri Army National Guard, et al. Motion of petitioners for leave to proceed as veterans granted. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976602. Steven C. Stafford, Petitioner v. E. I. du Pont de Nem- ours and Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

Habeas Corpus Denied No. 977089. In Re Buford Eugene Shown, Petitioner. Petition for writ of habeas corpus denied.

Mandamus Denied No. 97722. In Re William Bennett, Petitioner;

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MONDAY, JANUARY 12, 1998 419 No. 976503. In Re Ellis Lehman and Sandra L. Lehman, Petitioners; No. 976513. In Re Donald Gowing, Petitioner; and No. 976555. In Re Charles Rentschler, Petitioner. Petitions for writs of mandamus denied. No. 976628. In Re Wayne Morris Reeves, Jr., Petitioner. Petition for writ of mandamus and/or prohibition denied.

Rehearings Denied No. 968796. Eileen Vey, Petitioner v. William J. Clinton, President of the United States, et al.; No. 968873. David Paul Ruff, Petitioner v. George Smith, Warden; No. 969242. Loren M. Welsand, Petitioner v. United States; No. 969309. Lorenzo Arteaga, Petitioner v. California; No. 969328. Lorenzo Arteaga, Petitioner v. California; No. 969452. Daniel L. Miles, Petitioner v. LaSalle Financial Serv- ices, Inc., et al.; No. 969461. R. M. Bell, Petitioner v. Francisco Flores, et al.; No. 969567. Balwinder Singh Tung, Petitioner v. California; No. 9780. Michael F. Dehoney, Petitioner v. South Carolina De- partment of Corrections, et al.; No. 97102. Joseph R. Caterina, Frances H. Caterina, Emmett Ca- terina, and Clara Caterina, Petitioners v. Blakely Borough, et al.; No. 97334. Charles G. Milden, et ux., Petitioners v. James J. Jo- seph, Trustee; No. 97442. Tyrone Thomas, Petitioner v. Marie Baxter; No. 97473. Donald Gill, John M. Carlevale, Sr., and Robert F. Plante, etc., Petitioners v. Rhode Island, et al.; No. 97509. Susan Cerwinski, Petitioner v. Insurance Services Of- fice, Inc.; No. 975024. J. W. McKellip, Petitioner v. Sorrell, Anderson, Lehr- man, Wanner and Thomas, et al.; No. 975138. James Earl Thomas, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division; No. 975483. Terry Neely Taylor, Petitioner v. Judge Nelson, et al.; No. 975519. Derek Leroy McSmith, Petitioner v. Carrie Tavares; No. 975574. Terry N. Taylor, Petitioner v. Charles Box, Mayor of the City of Rockford, Illinois, et al.; No. 975643. Michael Sarga, Petitioner v. United States;

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420 MONDAY, JANUARY 12, 1998 No. 975887. Rodney K. Johari, Petitioner v. Patricia L. Johari; No. 975888. Isaiah Crawford, Sr., Petitioner v. Eric J. Moran; No. 975898. Willie Watson, Petitioner v. United States Postal Service, et al.; No. 975908. James F. Love, Petitioner v. Ohio; No. 975919. Bal Dev Enand, Petitioner v. Montgomery County, Maryland, et al.; No. 975927. Richard Clewell, et ux., Petitioners v. Upjohn Company; No. 975944. Pat Hayes, Petitioner v. Correction Management Af- filiates, Inc.; No. 975955. Ralph Vasquez, Petitioner v. Bexar County Adult Detention Center; No. 975976. Jeffrey Gibson, Petitioner v. Togo West, Secretary of the Army; No. 975980. John Wayne Ertelt, Petitioner v. North Dakota; No. 975994. Ronnie Johnson, Petitioner v. United States; No. 976067. Andrew Joddie Williams, Petitioner v. Chrysler Corporation; No. 976073. Lisa Andrews, Petitioner v. Los Angeles County De- partment of Children and Family Services; No. 976109. David Walker, Petitioner v. Martin L. Dragovich, Superintendent, State Correctional Institution at Mahanoy, et al.; No. 976215. Amal Wainwright, Petitioner v. Booz, Allen & Hamil- ton, Inc.; No. 976284. In Re Felton Woods, Petitioner; No. 976297. Richard Fabian, Petitioner v. City of Miami; and No. 976309. Arnold G. Wiedmer, Petitioner v. United States. Peti- tions for rehearing denied. No. 97130. Julio Banderas, aka Banderas Orthopaedic Clinic, et al., Petitioners v. Alexander Doman. Motion of petitioners for leave to pro- ceed further herein in forma pauperis granted. Petition for rehear- ing denied. No. 975998. Alfred Bottone, Jr., Petitioner v. United States. Motion for leave to file a petition for rehearing denied.

Attorney Discipline No. D1851. In the Matter of Disbarment of Nicholas Smith. Disbar- ment order entered. No. D1853. In the Matter of Disbarment of Kenneth W. Thornton, Jr. Disbarment order entered.

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MONDAY, JANUARY 12, 1998 421 No. D1859. In the Matter of Disbarment of Timothy James Bedell. Disbarment order entered. No. D1861. In the Matter of Disbarment of Douglas Downes Wil- son. Disbarment order entered. No. D1865. In the Matter of Disbarment of Saul R. Leibowitz. Dis- barment order entered. No. D1866. In the Matter of Disbarment of Loren Lennis Heine- mann. Disbarment order entered. No. D1867. In the Matter of Disbarment of Stanley B. Mann. Dis- barment order entered. No. D1868. In the Matter of Disbarment of Karl L. Kenyon. Disbar- ment order entered. No. D1869. In the Matter of Disbarment of Henry Mathew Stein- berg. Disbarment order entered. No. D1871. In the Matter of Disbarment of Fredric W. Tokars. Dis- barment order entered. No. D1874. In the Matter of Disbarment of Daniel Richard Fruit- bine. Disbarment order entered. No. D1875. In the Matter of Disbarment of John F. Felton. Disbar- ment order entered. No. D1891. In the Matter of Disbarment of Donald I. Singer. Don- ald I. Singer, of Des Plains, Illinois, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1892. In the Matter of Disbarment of Richard Hughes Pairo. Richard Hughes Pairo, of Ocean City, Maryland, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1893. In the Matter of Disbarment of Paul W. Calhoun, Jr. Paul W. Calhoun, Jr., of Vidalia, Georgia, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1894. In the Matter of Disbarment of Robert Michael Chris- tie. Robert Michael Christie, of East Orange, New Jersey, is suspended from the practice of law in this Court, and a rule will issue, returnable

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422 MONDAY, JANUARY 12, 1998 within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1895. In the Matter of Disbarment of Clayton R. Jackson. Clayton R. Jackson, of Sausalito, California, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1896. In the Matter of Disbarment of William Joseph Barnt- house. William Joseph Barnthouse, of Littleton, Colorado, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1897. In the Matter of Disbarment of H. Roger Hantman. H. Roger Hantman, of Bayport, New York, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1898. In the Matter of Disbarment of Benjamin A. Poreda. Benjamin A. Poreda, of Trenton, New Jersey, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1899. In the Matter of Disbarment of Mark E. Gammons. Mark E. Gammons, of Rocky River, Ohio, is suspended from the prac- tice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1900. In the Matter of Disbarment of Alfonso Barrera, Jr. Alfonso Barrera, Jr., of Henderson, Nevada, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1901. In the Matter of Disbarment of Morley M. Azorsky. Morley M. Azorsky, of California, Pennsylvania, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1902. In the Matter of Disbarment of Timothy Martin Gard- ner. Timothy Martin Gardner, of Clayton, Missouri, is suspended from the practice of law in this Court, and a rule will issue, returnable

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MONDAY, JANUARY 12, 1998 423 within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1903. In the Matter of Disbarment of Bradley J. Fisher. Brad- ley J. Fisher, of Springfield, Missouri, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1904. In the Matter of Disbarment of Hillard Jay Quint. Hil- lard Jay Quint, of Atlanta, Georgia, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

Assignment Order

An order of The Chief Justice designating and assigning Justice White (Retired) to perform judicial duties in the United States Court of Appeals for the Ninth Circuit during the period from March 12, 1998, through March 13, 1998, and for such time as may be required to complete unfinished business, pursuant to 28 U. S. C. Sec. 294 (a), is ordered entered on the minutes of this Court, pursuant to 28 U. S. C. Sec. 295.

Admissions to the Bar on Written Motions

Applicant City and State Movant Jeffrey Ackermann Lafayette, LA Steven G. Durio Bennett S. Aisenberg Denver, CO H. Paul Himes, Jr. Dennis L. Allen Washington, DC George R. Abramowitz Wendi Alper-Pressman St. Louis, MO Norman W. Pressman David Allen Anderson Austin, TX Javier Aguilar David R. Angle St. Louis, MO Stephen M. Ryals Gregory Antollino New York, NY Ellen J. Winner Mark Stephen Armstrong Houston, TX John Gregory Odom John Joseph Arnold Cincinnati, OH Walter Thompson Cox, III Shenan Rae Atcitty Window Rock, AZ Mark Clarendon Van Norman

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424 MONDAY, JANUARY 12, 1998

Applicant City and State Movant David C. Ates Atlanta, GA Harlan S. Miller, III Richard W. Babinecz New York, NY Edwin Scott Terri Lynn Backhus Tampa, FL Todd Gerald Scher Aldo A. Badini New York, NY Harvey Kurzweil Lonnie D. Bailey Greenwood, MS James E. Upshaw Lynn S. Baker Chicago, IL Robert L. Berner, Jr. Daisy B. Barreto Trenton, NJ Joseph L. Yannotti Julia R. Bates Toledo, OH James Douglas Bates Louis Robert Battista Fort Lauderdale, Kelly D. Hancock FL Richard D. Bentzen White Plains, NY Michael A. Cerussi, Jr. Michael D. Bernard San Antonio, TX Maury Maverick, Jr. Karen Lee Bissonnette Los Angeles, CA Linda C. Johnson Patrick J. Bonner New York, NY John J. Walsh Cliff Brashier Atlanta, GA Bryan M. Cavan Juliet N. Brennan Muskogee, OK A. Camp Bonds, Jr. Stephen Guthrie Brooks New York, NY Roger A. Schwartz Christina M. Brown Frankfort, KY Robert Vaughan Bullock Steven Lee Carnes Houston, TX Fred A. Keys, Jr. Guillermo Roberto Miami, FL Walter Darrell Carranza Phillips Alfredo A. Castellanos Hato Rey, PR John T. Belk, III Joseph Michael Cerra Paramus, NJ Charles Michael Forman Steven Morton Gainesville, FL John F. Roscow, Chamberlain III Gregory S. Clayton Littleton, NH Leo A. Bisson, Jr. Michael William Coffey New York, NY Vincent Robert Fontana Shirley Ann Coffey Cincinnati, OH Joseph W. Shea, III

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MONDAY, JANUARY 12, 1998 425

Applicant City and State Movant Ronald A. Conway Springfield, MO Jerry Lee Reynolds James Michael Crawford Garden Grove, CA Thomas Homer Wolfsen Curtis Lee Cukjati San Antoni, TX Wallace Bernard Jefferson Myles Gary Cypen Miami Beach, FL Irving Cypen Ronald G. Davenport Montgomery, AL Dennis Ray Bailey A. Thomas DeWoskin St. Louis, MO Norman W. Pressman Jasbir Dhillon London, England Robert W. Peterson Erik Paul Doerring Columbia, SC Edward Lee Grimsley, Jr. Timothy Karam Dole Seattle, WA Allen M. Ressler Edward Joseph Dowd Dayton, OH Thomas Edward Jenks Robert W. Doyle Phoenix, AZ Karen Kemper Daniel J. Ellender Mer Rouge, LA Stephen J. Katz Frederick Michael Erny Cincinnati, OH Frank C. Woodside, III Laura Beth Faragasso Tallahassee, FL John Dewey Buchanan, Jr. Todd C. Fineberg Washington, DC Roger Kenneth Gelb William J. Fisher Minneapolis, MN James Stuart Simonson Francis X. Flaherty Warwick, RI John Francis Sheehan Michael David Formby Honolulu, HI Leonard Francis Alcantara C. Mark Fowler Helena, MT Harley Ross Harris Michael W. Fox San Antonio, TX Lamont A. Jefferson Louis Joseph Franco Boston, MA Leonard Glazer Mark Steven Frankel West Bloomfield, Barry M. Grant MI Catherine M. Friedmann St. Louis, MO Norman W. Pressman

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426 MONDAY, JANUARY 12, 1998

Applicant City and State Movant David B. Galbraith Houston, TX Martin M. Hokanson Clifford Bernard Geiger Baltimore, MD Francis R. Laws Robert McMurdo Gillespie Richmond, VA Joel H. Peck Gary W. Gramer Lake Grove, NY W. Alexander Melbardis Ronald L. Grudziecki Alexandria, VA Frederick G. Michaud, Jr. John Maxwell Hament Sarasota, FL Michael R. Miller Loyce Ann Rhodes St. Louis, MO Nancy Lynne Hamilton Vincent Daniel Gary Hamm Montgomery, AL George B. Azar William C. Hammack Meridian, MS Walter Watlington Eppes, Jr. David E. Harrison Fairfield, IL John Curtis Robison, Jr. Mark Evan Heath Charleston, WV Forrest H. Roles Kristin M. Helmers New York, NY Ann Thacher Clarke Anderson David Anthony Herman Springfield, IL Judge Harlington Wood, Jr. M. Gabrielle Hils Cincinnati, OH John M. Kunst, Jr. Harold Luther Holtmann Tulsa, OK Sarah Shepherd Brandon Berkley N. Huskison Columbus, MS Taylor B. Smith Michael Jon Kass San Francisco, CA Jeffrey Steven Ross Michelle Katich Paterson, NJ Gary H. Schlyen Leslie E. Katona Jr. San Antonio, TX G. Thomas Coghlan William M. Katz Jr. Dallas, TX Gregory Scott Combest Huffma Anthony M. Keats Beverly Hills, CA Peter Wethrell James Patrick Brian Kelly Norfolk, VA Ann K. Sullivan Pace Klein Brooklyn, NY Thomas M. Campbell

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MONDAY, JANUARY 12, 1998 427

Applicant City and State Movant Linda A. Klein Atlanta, GA David Henry Gambrell Gregory J. Kopta Seattle, WA P. Cameron DeVore Mark Stewart Kundla Springfield, NJ George Richard Hardin David Douglas Langfitt Philadelphia, PA Joyce Selber Meyers Cassandra Green Langston Los Angeles, CA Alan Kiyoji Terakawa Jonathan Louis Laurans Kansas City, MO Ronald L. Hall L. William Law Jr. Boston, MA John Thomas Montgomery Marc De Leeuw New York, NY D. Stuart Meiklejohn Seth Richard Lesser New York, NY Vincent Roger Cappucci Howard M. Lewis Framingham, MA Alan J. Pransky John Eric Lichtenstein Roanoke, VA Dennis William Dohnal Marta Lynn Fisher Topeka, KS Arthur E. Palmer Linenberger John J. Manier Los Angeles, CA John Bruce Golper John R. Martz Reno, NV Harold G. Albright James S. Mathis Nashville, TN Harris A. Gilbert Ronald Stephen Matthias San Francisco, CA Dane R. Gillette Jan Allen May Washington, DC Andrew H. Marks Ronald L. Mc Pheron Chicago, IL Ivan M. Rittenberg Gerard Matthais McCabe Philadelphia, PA Christopher I. McCabe James Richard McCarty Casper, WY Frank D. Neville Larry W. McFarland Los Angeles, CA Peter Wethrell James Rachel Theora McGuckian Baltimore, MD Gary Carlson Duvall Scott Mckay Boise, ID Eugene I. Annis Michael E. Medina Jr. Tucson, AZ Daryl A. Audilett

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428 MONDAY, JANUARY 12, 1998

Applicant City and State Movant

Sara Johnson Meyers Boston, MA John Thomas Montgomery Bruce Edward Miller Charleston, SC Morris Dawes Cooke, Jr. Melville DeSoto Miller Jr. Edison, NJ Paul W. Armstrong Thomas Paul Moore III Fort Worth, TX Donald S. Gandy Laura Lynn Morrison Chicago, IL Richard Forrest Sharrard Edward F. Mullowney Palo Alto, CA Norman Hazlett Beamer George M. Neal Jr. Birmingham, AL Clifford Lee Reeves Sean P. O'Brien Phoenix, AZ Richard A. Segal David Benjamin San Francisco, CA Allan Brotsky Oppenheimer Christopher M. Orton Warwick, RI John Francis Sheehan Michael R. Osborn Washington, DC Stephen Deane Chace Donald M. Palombi Trenton, NJ Joseph L. Yannotti Rudolph Nelson Patterson Macon, GA William Camp Harris James E. Payne Beaumont, TX Paul F. Ferguson, Jr. Dana Jon Petersen Denver, CO Steven Leon Bernard Christopher Eduard Pey New York, NY James H. Lundquist Carol Andreae Platt Saint Louis, MO Frank N. Gundlach John David Poley Denver, CO James C. Thomas Mark Charles Polkosnik Lawrenceville, GA Gresham Hughel Harrison Philip C. Pugsley Salt Lake City, Brian L. Farr UT James Lyman Rasmussen Albuquerque, NM John P. Eastham Robert P. Redemann Tulsa, OK Larry Joe Fulton

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MONDAY, JANUARY 12, 1998 429

Applicant City and State Movant

James E. Reeves Charleston, SC Morris Dawes Cooke, Jr. Eric David Reicin Potomac, MD Ronald Gilbert Birch James T. Reist Albuquerque, NM Stephen R. Nelson Elizabeth A. Renaud Trenton, NJ Joseph L. Yannotti Michael D. Rips New York, NY Douglas Webber Dunham Yvette D. Robichaud Las Vegas, NV Walter R. Cannon Carlos Rodriguez Washington, DC Roger Kenneth Gelb Linda A. Ross Nashville, TN Michael Etheridge Moore Charles E. Rounds Jr. Boston, MA Richard A. Samp David Anthony Rowland Tampa, FL F. Dennis Alvarez Harry Vincent Satterwhite Mobile, AL Benjamin Hillery Brooks, III Peter S. Saucier Baltimore, MD Francis R. Laws Michael S. Schachter Chicago, IL Jeffrey E. Stone Karen Schoenberg Staten Island, NY Karen Fisher McGee Richard P. Schulkins Bloomington, IL John Michael Louis Conte Hope Colleen Seeley Hartford, CT Hubert Joseph Santos Adam Lowell Shapiro Miami, FL John D. Hoffman Hilary Sheard Columbia, SC John H. Blume Susan D. Shors San Francisco, CA Deanna F. Lamb Belinda B. Sifford San Francisco, CA Michael A. Mello Hugh O. Skees Florence, KY Dale T. Wilson Priscilla F. Slocum Pasadena, CA George J. Franscell Justin Luke Smith Troy, MI Brian M. Smith Michael Franklin Smith Tulsa, OK Larry Joe Fulton Allan M. Soobert Arlington, VA Frederick G. Michaud, Jr. Robert George Stahl Summit, NJ Elizabeth Scott Ferguson

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430 MONDAY, JANUARY 12, 1998

Applicant City and State Movant Jesse F. Suber Tallahassee, FL John Dewey Buchanan, Jr. Donald Pearson Sullivan Rockford, IL Kathryn E. Zenoff Brian Douglas Sullivan Cleveland, OH John G. Peto Randall Avery Sutton Miami, FL Richard Bliss Martell Arya Towfighi Los Angeles, CA Richard W. Kopenhefer John H. Tucker Tulsa, OK John M. Imel Joseph Michael Tully Tucson, AZ Paul Lawrence Klose Mark H. Tyson Meridian, MS Walter Watlington Eppes, Jr. Henry Kenza van Tallahassee, FL Edwin B. Assenderp Browning, Jr. John L. Verner Houston, TX John Gregory Odom Alison Wallis Gretna, LA Terry M. Boudreaux Granville Clayton Warner Washington, DC Jerry D. Anker Mark K. Wasvary Southfield, MI Stanley E. Wise Joseph P. Webber Austin, TX Roger James George, Jr. William H. Webster Montgomery, AL Dennis Ray Bailey Thomas H. Welby White Plains, NY Michael E. Greenblatt Steven C. Welch Omaha, NE Howard A. Kaiman John Denis Whitaker Casper, WY W. Henry Combs, III Edgar Pomeroy Williams Savannah, GA John Gregory Odom David Vandiver Wilson II Lufkin, TX Thomas Gerald Treece Douglas Aaron Alexandria, VA Rand Redd Pixa Winegardner Jason P. Wright Bowling Green, David W. KY Anderson Mark S. Zolno Chicago, IL James Alan Burns, Jr.

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MONDAY, JANUARY 12, 1998 431 Admissions to the Bar on Oral Motions Applicant City and State Movant Kenneth Andrew De Koven New York, NY Stephen Wayne Schwab Andrew Maier Hinton, WV Dan Schweitzer Robert John Slama Jacksonville, FL Charles Gilbert Cofer Carol Marie Stapleton Washington, DC Gregory G. Katsas Andrew S. White Washington, DC John Joseph Spidi Lisa LeCours Albany, NY Thomas Donald Hughes Gina M. Ciccone Albany, NY Thomas Donald Hughes Michael Kent Duffy Altus, OK Steven Wayne Bugg Daniel E. McMahan Altus, OK Steven Wayne Bugg Tara Kristine Brigham Malibu, CA Richardson R. Lynn Margaret Elin Koppen Phoenix, AZ Richardson R. Lynn

Oral Arguments No. 120, Original. State of New Jersey, Plaintiff v. State of New York. Argued by Mr. Joseph L. Yannotti for the plaintiff, by Mr. Jeffrey P. Minear for the United States as amicus curiae, by special leave of the Court, and by Mr. Daniel Smirlock for the defendant. No. 961613. United States, Petitioner v. Estate of Francis J. Ro- mani. Argued by Mr. Kent L. Jones for the petitioner and by Mr. Pat- rick F. McCartan for the respondent. No. 961037. Kiowa Tribe of Oklahoma, Petitioner v. Manufacturing Technologies, Inc. Argued by Mr. R. Brown Wallace for the petitioner, by Mr. Edward C. DuMont for the United States as amicus curiae, by special leave of the Court, and by Mr. John E. Patterson, Jr., for the respondent.

Adjourned until Tuesday, January 13, 1998, at 10 o'clock.

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(JOURNAL) TUESDAY, JANUARY 13, 1998 433 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Opinions

No. 96653. Kenneth Lee Baker and Steven Robert Baker, by His Next Friend, Melissa Thomas. On writ of certiorari to the United States Court of Appeals for the Eighth Circuit. Judgment reversed, and case remanded to the United States Court of Appeals for the Eighth Circuit for further proceedings not inconsistent with the opin- ion of this Court. Opinion by Justice Ginsburg. Opinion by Justice Scalia, concurring in the judgment. Opinion by Justice Kennedy, with whom Justice O'Connor and Justice Thomas join, concurring in the judgment. No. 961370. Fidelity Financial Services, Inc., Petitioner v. Richard V. Fink, Trustee. On writ of certiorari to the United States Court of Appeals for the Eighth Circuit. Judgment affirmed. Opinion by Jus- tice Souter.

Admissions to the Bar on Oral Motions Applicant City and State Movant M. Kristan Rizzolo Washington, DC Judge Charles E. Clapp, II Mark R. Syska Park Ridge, IL James E. Duff Robert M. Fenner Arlington, VA David C. Frederick Timothy Patrick Garren Spartanburg, SC Marianne Finnerty Carmine Salvatore Washington, DC Gordon W. Daiger D'Alessio Jr. Pierre-Richard St. Hilaire Washington, DC Gordon W. Daiger

Oral Arguments

No. 961578. Thomas R. Phillips, et al., Petitioners v. Washington Legal Foundation, et al. Argued by Mr. Darrell E. Jordan for the peti- tioners, by Mr. Edwin S. Kneedler for the United States as amicus

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434 TUESDAY, JANUARY 13, 1998 curiae, by special leave of the Court, and by Richard A. Samp for the respondents. No. 961469. United States, Petitioner v. Hernan Ramirez. Argued by Mr. David C. Frederick for the petitioner and by Mr. Michael R. Levine for the respondent.

Adjourned until Wednesday, January 14, 1998, at 10 o'clock.

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(JOURNAL) WEDNESDAY, JANUARY 14, 1998 435 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Opinion

No. 961279. George G. Rogers, Petitioner v. United States. On writ of certiorari to the United States Court of Appeals for the Eleventh Circuit. Writ of certiorari dismissed as improvidently granted. Justice Stevens announced the decision of the Court and delivered an opinion, in which Justice Thomas, Justice Ginsburg, and Justice Breyer join. Opinion by Justice O'Connor, with whom Justice Scalia joins concur- ring in the result. Dissenting opinion by Justice Kennedy, with whom The Chief Justice and Justice Souter join.

Admissions to the Bar on Oral Motions Applicant City and State Movant Lisa Stello Ellicott City, MD Katherine Lee Taylor Philip Scott Friedman Washington, DC Theodore B. Olson Todd Richard Paulson Brooklyn Center, Donald Jay Simon MN John Michael Gill Baltimore, MD Pamila Junette Brown Mary Katharine Antonia Annapolis, MD Pamila Junette Fowler Brown Cynthia Holly Jones Baltimore, MD Pamila Junette Brown Dennis J. Laye Baltimore, MD Pamila Junette Brown Stephen Allen Markey III Baltimore, MD Pamila Junette Brown Margaret Callander Mead Baltimore, MD Pamila Junette Brown Bruce M. Robinson Baltimore, MD Pamila Junette Brown Mark Franklin Scurti Baltimore, MD Pamila Junette Brown

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436 WEDNESDAY, JANUARY 14, 1998

Applicant City and State Movant Heather Helaine Polzin Baltimore, MD Pamila Junette Vovakes Brown Brian Alain Zemil Baltimore, MD Pamila Junette Brown

Oral Arguments No. 9729. Texas, Appellant v. United States, et al. Argued by Mr. Javier Aguilar for the appellant and by Mr. Paul R. Q. Wolfson for the appellees. No. 961590. Federal Election Committee, Petitioner v. James E. Atkins, Richard Curtiss, Paul Findley, Robert J. Hanks, Andrew Killg- ore, and Orin Parker. Argued by Mr. Seth P. Waxman for the petitioner and by Mr. Daniel M. Schember for the respondents.

Adjourned until Tuesday, January 20, 1998, at 10 o'clock.

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(JOURNAL) THURSDAY, JANUARY 15, 1998 437 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Order In Pending Case No. 977521. Lesley Lee Gosch, Petitioner v. Gary L. Johnson, Direc- tor, Texas Department of Criminal Justice, Institutional Division. Ap- plication for stay of execution of sentence of death presented to Justice Scalia and by him referred to the Court granted pending the disposi- tion of the petition for writ of certiorari. Should the petition for writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for writ of certiorari is granted, the stay shall con- tinue pending the sending down of the judgment of this Court.

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(JOURNAL) FRIDAY, JANUARY 16, 1998 439 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Certiorari Granted

No. 97461. Wisconsin Department of Corrections, et al., Petitioners v. Keith D. Schacht. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit granted. Brief of petitioners to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, February 27, 1998. Brief of respondent to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, March 27, 1998. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Monday, April 13, 1998. Rule 29.2 does not apply. No. 97643. United States, Petitioner v. Vickie S. Cabrales. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit granted. Brief of the Solicitor General to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, February 27, 1998. Brief of respondent to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, March 27, 1998. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Monday, April 13, 1998. Rule 29.2 does not apply. No. 97873. United States, Petitioner v. Aloyzas Balsys. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit granted. Brief of the Solicitor General to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, February 27, 1998. Brief of respondent to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, March 27, 1998. Reply brief, if any, to be filed with the Clerk and served upon opposing coun- sel on or before 3 p.m., Monday, April 13, 1998. Rule 29.2 does not apply. No. 975737. Sandra K. Forney, Petitioner v. Kenneth S. Apfel, Com- missioner of Social Security. Motion of petitioner for leave to proceed in forma pauperis granted and petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted. Brief of petitioner to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, February 27, 1998. Brief of respondent to

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440 FRIDAY, JANUARY 16, 1998 be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, March 27, 1998. Reply brief, if any, is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Mon- day, April 13, 1998. Rule 29.2 does not apply. No. 976146. Angel Jaime Monge, Petitioner v. California. Motion of California Public Defenders Association for leave to file a brief as ami- cus curiae granted. Motion of petitioner for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the Supreme Court of California granted limited to the following question: "Does the Dou- ble Jeopardy Clause apply to noncapital sentencing proceedings that have the hallmarks of a trial on guilt or innocence?" Brief of petitioner to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, February 27, 1998. Brief of respondent is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, March 27, 1998. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Monday, April 13, 1998. Rule 29.2 does not apply.

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(JOURNAL) TUESDAY, JANUARY 20, 1998 441 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer. The Chief Justice said: "Today's orders of the Court have been certified by The Chief Jus- tice, filed with the Clerk, and will not be announced orally."

Orders In Pending Cases

No. M27. Western Mohegan Tribe & Nation of New York, Peti- tioner v. United States, State of New Jersey, and State of New York. Motion for reconsideration of order denying leave to invoke the Court's original jurisdiction denied. No. M35. Kathryn Lorraine Gerwig, Petitioner v. Department of Education. Motion to direct the Clerk to file a petition for writ of cer- tiorari out-of-time denied. No. M36. Michael M. Sherman, Petitioner v. Jerome Sherman, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. 105, Original. State of Kansas, Plaintiff v. State of Colorado. Exceptions of Colorado to Second Report of Special Master overruled without prejudice to Colorado's right to renew those exceptions at con- clusion of the Special Master's remedial proceedings. No. 968732. Vincent Edwards, Reynolds A. Wintersmith, Horace Joiner, Karl V. Fort, and Joseph Tidwell, Petitioners v. United States. Further consideration of motion of petitioner Joseph Tidwell to recon- sider order denying certiorari on Question 2 deferred. No. 961693. Frank X. Hopkins, Warden, Petitioner v. Randolph K. Reeves. Motion for appointment of counsel granted, and it is ordered that Paula Hutchinson, Esq., of Lincoln, Nebraska, is appointed to serve as counsel for respondent in this case. No. 968837. Donald E. Cleveland and Enrique Gray-Santana, Peti- tioners v. United States. Motion for appointment of counsel granted, and it is ordered that Norman S. Zalkind, Esquire, of Boston, Massa- chusetts, is appointed to serve as counsel for petitioner Enrique Gray- Santana in this case. Motion for appointment of counsel granted, and it is ordered that John H. Cunha, Jr., Esquire, of Boston, Massachusetts,

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442 TUESDAY, JANUARY 20, 1998 is appointed to serve as counsel for petitioner Donald E. Cleveland in this case. No. 976789. Buick Moomchi, Petitioner v. New Mexico Corrections Department, et al. Motion of petitioner for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner is allowed until February 10, 1998, within which to pay docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.

Certiorari Denied No. 961749. Ada M. Martin, et vir, Petitioners v. Telectronics Pac- ing Systems, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 9726. Deborah Eddy, et vir, Petitioners v. Polymer Technology Corporation, et al. Petition for writ of certiorari to the Superior Court of Pennsylvania, Pittsburgh Office, denied. No. 97343. Sherry Burt, Warden, Petitioner v. Dwight Rashad. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97365. Kimberly Brandt, Petitioner v. Shop'n Save Warehouse Foods, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97382. David T. Sablan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97404. Cynthia J. Fisher, Petitioner v. Vassar College. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97451. First Virginia Bank, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 97499. Judith A. Feltmann, Petitioner v. Sieben, Inc., dba Plaza Motors. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97505. Donald Lee Earles and Catherine Papajohn, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97583. Amertex Enterprises, Ltd., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

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TUESDAY, JANUARY 20, 1998 443 No. 97602. Park B. Banks, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 97638. Certain Underwriters at Lloyd's of London, etc., et al., Petitioners v. Transit Casualty Company in Receivership. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97651. Heather Ann Sewell, Petitioner v. Town of Lake Hamil- ton. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. No. 97652. Lawrence Marks, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 97657. Richard Carroll, Petitioner v. Federal Express Corpora- tion. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 97719. George Stuart, Secretary, as Head of the Florida Depart- ment of Business and Professional Regulation, et al., Petitioners v. American Express Tax and Business Services, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 97753. Milwaukee Branch of the NAACP, et al., Petitioners v. Tommy Thompson, Governor of Wisconsin, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Cir- cuit denied. No. 97776. Bruce Edward Campbell, Petitioner v. Jo Lynne Camp- bell. Petition for writ of certiorari to the Court of Appeals of Minne- sota denied. No. 97788. Prescott Convention Center, Inc., Petitioner v. Harold Scott, Director, Arizona Department of Revenue, et al.; and No. 97796. Yavapai-Prescott Indian Tribe, Petitioner v. Harold Scott, Director, Arizona Department of Revenue, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97790. Sylvia Blount, Executive Director, Vacaville State Hos- pital, et al., Petitioners v. Troy Lee Washington. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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444 TUESDAY, JANUARY 20, 1998 No. 97797. Yankee Enterprises, Inc., Petitioner v. Dunkin' Donuts, Incorporated. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97804. County of Stanislaus, et al., Petitioners v. Pacific Gas and Electric Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97806. Jonathan A. Chandross, Petitioner v. Maria Arena, et al. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. No. 97807. Kenneth Hutchinson, Petitioner v. Fiserv C.I.R., Inc., and Brian Murphy-Molloy. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97808. Patricia Fulton, Personal Representative of the Estate of Judith Lucas, Deceased, and Grover Lucas, Petitioners v. Ricky Sanders, Kenneth Hardin, and Paul Isaacs. Petition for writ of certio- rari to the United States Court of Appeals for the Sixth Circuit denied. No. 97812. Taxpayers of King County, Petitioner v. King County, et al. Petition for writ of certiorari to the Supreme Court of Washing- ton denied. No. 97814. City of Cleveland, Petitioner v. Nation of Islam, Muham- mad's Mosque No. 18, and Roland Muhammad. Petition for writ of cer- tiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97816. Kerry Vine and Mitchell Peixoto, Petitioners v. James Fuller, Sr., and James Fuller, Jr. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97817. Ruben Martin, Petitioner v. Goodyear Auto Service Cen- ter. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. No. 97819. Bernardine Greene, Petitioner v. Alan Greenberg, et al. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. No. 97828. Excalibur Group, Inc., Petitioner v. City of Minneapolis. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97832. Gary Dale Hines, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. No. 97850. United States, ex rel., Mary C. McKenzie, Petitioner v. BellSouth Telecommunications, Inc., dba South Central Bell Telephone

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TUESDAY, JANUARY 20, 1998 445 Company. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97852. Earl W. Kavanau, Petitioner v. Santa Monica Rent Con- trol Board. Petition for writ of certiorari to the Supreme Court of California denied. No. 97858. Ino Ino, Inc., et al., Petitioners v. City of Bellevue. Peti- tion for writ of certiorari to the Supreme Court of Washington denied. No. 97859. Vern T. Jordahl, Mary-Beth Larock, and Virginia Lead- ership Council, Petitioners v. Democratic Party of Virginia, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97895. Mark R. Sebastian, Petitioner v. Connecticut. Petition for writ of certiorari to the Supreme Court of Connecticut denied. No. 97900. Kenneth F. Madden, Petitioner v. International Associa- tion of Heat and Frost Insulators and Asbestos Workers, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97941. Dolores Alvarez, Frank Alvarez, and Christina Alvarez, Petitioners v. City of Westmorland and Lloyd Running. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97951. Robert Dupre and W. Harold Sellers, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97964. Kurt G. Schelkle, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Armed Forces denied. No. 976107. Don R. Wilson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976243. Eddie Joe Bush, Petitioner v. Washington. Petition for writ of certiorari to the Court of Appeals of Washington, Division 1, denied. No. 976255. Carlos Yamil Aybar, Petitioner v. Digna Crispin-Reyes, et al.; and No. 976256. Maria I. Morales Laboy, Petitioner v. Digna Crispin- Reyes, et al. Petitions for writs of certiorari to the United States Court of Appeals for the First Circuit denied.

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446 TUESDAY, JANUARY 20, 1998 No. 976259. Michael McBride, Petitioner v. Gary L. Johnson, Direc- tor, Texas Department of Criminal Justice, Institutional Division. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976343. James Vincent Zankich, Petitioner v. Renato Santos, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 976375. Christopher Peterson, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied. No. 976436. David Joseph Carpenter, Petitioner v. California. Peti- tion for writ of certiorari to the Supreme Court of California denied. No. 976472. Garry Lee Moore, Petitioner v. James V. Anderson, Superintendent, Mississippi State Penitentiary, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Cir- cuit denied. No. 976684. Clifton Richardson, Petitioner v. Southern University, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. No. 976685. Darrell Eugene Strickland, Petitioner v. North Caro- lina. Petition for writ of certiorari to the Supreme Court of North Carolina denied. No. 976686. Daniel John Sheehan, Petitioner v. United States Dis- trict Court for the District of Arizona. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976687. Christopher James Wilson, Petitioner v. Edward L. Evans, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 976695. George Dunbar Prewitt, Jr., Petitioner v. Luther Alex- ander, et al . Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976713. Lloyd Edward Mollett, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. No. 976714. Helen Mayfield, Petitioner v. Detroit News, et al. Peti- tion for writ of certiorari to the Court of Appeals of Michigan denied. No. 976717. James Michael MacPhee, Petitioner v. California. Peti- tion for writ of certiorari to the Supreme Court of California denied.

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TUESDAY, JANUARY 20, 1998 447 No. 976721. Mark Anthony Jones, Petitioner v. Charles D. Marshall, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976728. Michael A. Glean, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. No. 976733. Caner Hall, et ux., Petitioners v. Brookside Community, Inc. Petition for writ of certiorari to the Supreme Court of Delaware denied. No. 976734. Larry Shelton Hentz, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied. No. 976735. Albert Green, Petitioner v. Barry Gaither, Warden. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976736. Dennis Guy Erdman, Petitioner v. Jimmy Stegall, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 976739. Larry Jerome Brooks, Petitioner v. City of Winston- Salem, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976741. Jose Roberto Villafuerte, Petitioner v. Terry L. Stew- art, Director, Arizona Department of Correction, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976746. Sidney Marts, Petitioner v. Charles C. Foti, Jr., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976756. Larry Don Shelton, Petitioner v. Pittsburg County, Oklahoma, Board of Commissioners, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 976757. Tony Rutherford, Petitioner v. John Alderman, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976758. Michael Palmisano, Petitioner v. Jerome Larkin, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 976762. Imo John Akpaeti, Petitioner v. Kentucky. Petition for writ of certiorari to the Court of Appeals of Kentucky denied.

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448 TUESDAY, JANUARY 20, 1998 No. 976764. Vernon Young, Petitioner v. John Nagle, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976767. Elmer Wayne Younkin, Petitioner v. Pennsylvania. Pe- tition for writ of certiorari to the Superior Court of Pennsylvania, Pittsburgh Office, denied. No. 976768. Anthony Williams, Petitioner v. Thomas A. Fulcomer, Deputy Commissioner, Pennsylvania Department of Corrections, West- ern Region, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976769. Reedie J. Ward, Petitioner v. Ravenswood Village Nur- sing Home. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976772. Terrance D. Peterson, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fifth Appel- late District, denied. No. 976776. Richard Allen Smith, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Third Appel- late District, denied. No. 976777. Lonnie Smith, Jr., Petitioner v. Gary L. Johnson, Direc- tor, Texas Department of Criminal Justice, Institutional Division. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976778. Jack L. Randall, Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976787. Gary Lawrence, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 976791. Peter P. Nghiem, Petitioner v. Toshiba America Elec- tronic Components, Inc. Petition for writ of certiorari to the Court of Appeal of California, Sixth Appellate District, denied. No. 976794. Leo Martinez Lozano, Petitioner v. Court of Criminal Appeals of Texas. Petition for writ of certiorari to the Court of Crimi- nal Appeals of Texas denied. No. 976798. Otis Rudd, Petitioner v. Harold Hasty, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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TUESDAY, JANUARY 20, 1998 449 No. 976799. James Smith, Petitioner v. Servaportion. Petition for writ of certiorari to the Court of Appeals of Ohio, Hamilton County, denied. No. 976800. Maurice Peggs, Petitioner v. New York. Petition for writ of certiorari to the Appellate Term of the Supreme Court of New York, 9th & 10th Judicial Districts, denied. No. 976801. Todd Silver, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth District, denied. No. 976802. James Smith, Petitioner v. Servaportion. Petition for writ of certiorari to the Court of Appeals of Ohio, Hamilton County, denied. No. 976815. Ralph D. Warren, Petitioner v. Lucas County Depart- ment of Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 976816. Jimmy D. Watson, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied. No. 976821. Ronald Dwayne Whitfield, Petitioner v. United States District Court for the Western District of Texas; Ronald Dwayne Whitfield, Petitioner v. United States District Court for the Northern District of Texas, and Ronald Dwayne Whitfield, Petitioner v. United States District Court for the Southern District of Texas. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976859. Marko Bey, Petitioner v. Willis E. Morton, Superin- tendent, New Jersey State Prison, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976861. Rusty Smith, Petitioner v. Louis DiRosa, Judge, Or- leans Parish Civil District Court, Division D. Petition for writ of certio- rari to the United States Court of Appeals for the Fifth Circuit denied. No. 976866. John L. Burton, Petitioner v. M. Silcox, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976867. Cheryl Corey, Petitioner v. United States, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 976882. Jimmy Dell Bowen, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied.

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450 TUESDAY, JANUARY 20, 1998 No. 976975. Douglas Edward Gretzler, Petitioner v. Terry L. Stew- art, Director, Arizona Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977012. Jose Naranjo, Petitioner v. United States; and No. 977105. Zachary Williams and Humberto Antonio Gaviria, Peti- tioners v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 977020. Arturo Solis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977022. Milton Griffin-El, Petitioner v. Michael Bowersox, Superintendent, Potosi Correctional Center. Petition for writ of certio- rari to the United States Court of Appeals for the Eighth Circuit denied. No. 977032. Wallace Ball, Petitioner v. Maryland. Petition for writ of certiorari to the Court of Appeals of Maryland denied. No. 977041. Dennis Stokes, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadelphia Office, denied. No. 977046. Sahr I. Jarvouhey, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977061. Lionel Scott Johnson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 977100. Kevin Paul Woodruff, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977101. Keith Douglas Bailey, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977102. Sabrina Potter, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 977103. Thomas P. Pevarnik, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

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TUESDAY, JANUARY 20, 1998 451 No. 977109. Ron Moore, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977111. Robert White, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 977119. Demian Kyle Schreiner, Petitioner v. Colorado. Petition for writ of certiorari to the Court of Appeals of Colorado denied. No. 977120. Francisco Caro Rodriguez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977122. Kenneth D. Black, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977123. Nelson Alvarez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977126. Jimmy Lee Rasco, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977131. Manuel Ochoa, Petitioner v. Arizona. Petition for writ of certiorari to the Court of Appeals of Arizona, Division One, denied. No. 977132. Enrique Ruiz-Mendoza, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977134. Gary Wayne Minter, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977136. Richard D. Laszcynski, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 977138. Isaac Mathieu, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 977140. Jose Fermin Alonso-Alonso, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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452 TUESDAY, JANUARY 20, 1998 No. 977148. Anthony Carter, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 977150. Robert Pollard, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977156. Howard Handa, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977159. Pedro Gutierrez-Cervantez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977160. Warren Charles Gregory, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 977161. Rafael Gonzalez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977162. Roy H. Freeman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977170. Roy Leary McCafferty, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977180. Demetrius Marie Crook, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977187. Henry Allen Davis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977200. J. Malcolm Kingston, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977201. Renard Koger, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977207. Michael Dean Melius, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

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TUESDAY, JANUARY 20, 1998 453 No. 97747. Ouida Sue Parker, Petitioner v. Metropolitan Life Insur- ance Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Justice Breyer took no part in the consideration or decision of this petition. No. 97791. Robert P. Burch, Petitioner v. Coca-Cola Company. Mo- tion of American Society of Addiction Medicine, et al., for leave to file a brief as amici curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Breyer took no part in the consideration or decision of this motion and this petition. No. 97822. FAIR, et al., Petitioners v. City of San Buenaventura, et al. Motion of First Assembly of God in Ventura for leave to file a brief as amicus curiae granted. Motion of Pacific Justice Institute for leave to file a brief as amicus curiae granted. Petition for writ of cer- tiorari to the Court of Appeal of California, Second Appellate Dis- trict, denied. No. 976811. Jake Ayers, Jr., Individually and on Behalf of All Oth- ers Similarly Situated, et al., Petitioners v. Kirk Fordice, Governor of Mississippi, et al. Motion of National Association for Equal Opportu- nity in Higher Education, et al., for leave to file a brief as amici curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

Habeas Corpus Denied

No. 971015. In Re Terry R. Beardslee, etc., Petitioner; No. 977153. In Re Charles Iseley, Petitioner; and No. 977222. In Re Philip Ernest Johnson, Petitioner. Petitions for writs of habeas corpus denied.

Mandamus Denied

No. 976796. In Re Jerome Theodore Schiefen, Petitioner; and No. 976820. In Re Ronald Dwayne Whitfield, Petitioner. Petitions for writs of mandamus denied.

Rehearings Denied

No. 969196. Lorenzo Arteaga, Petitioner v. Santa Clara Depart- ment of Family and Children's Services; No. 969197. Lorenzo Arteaga, Petitioner v. California; No. 97384. Connie C. Reshard, et al., Petitioners v. Earl Britt, et al.;

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454 TUESDAY, JANUARY 20, 1998 No. 97574. Edward G. Tinsley, Petitioner v. TRW Incorporated and Equifax Credit Information Services, Incorporated; No. 97755. In Re David Smith, Petitioner; No. 975051. Michael B. DiGiovanni, Petitioner v. Pennsylvania; No. 975280. Jeffery Powell Kirby, Petitioner v. Alabama Depart- ment of Corrections, et al.; No. 975390. Jack Lucious, Jr., Petitioner v. Gary L. Johnson, Direc- tor, Texas Department of Criminal Justice, Institutional Division; No. 975915. Russell Francis Stenger, Petitioner v. Tana Wood, Superintendent, Washington State Penitentiary, et al.; No. 975921. Laurence Jacobson, Petitioner v. R. McIlwain, et al.; No. 975969. Jose Jesus Ceja, Petitioner v. Terry L. Stewart, Direc- tor, Arizona Department of Correction, et al.; No. 976097. JiMing James Jyan, Petitioner v. Thomas N. Franko- vich, et al.; No. 976187. Juan Manuel Ortiz, Petitioner v. United States; No. 976433. John Paul Turner, Petitioner v. United States; and No. 976434. John Paul Turner, Petitioner v. United States; John Paul Turner, Petitioner v. Department of Justice; and John Paul Turner, Petitioner v. Internal Revenue Service, et al. Petitions for re- hearing denied. No. 97703. Albert Rimell, Petitioner v. United States. Motion of petitioner for leave to proceed further herein in forma pauperis granted. Petition for rehearing denied.

Attorney Discipline No. D1870. In the Matter of Juliette Z. Allen. Juliette Z. Allen, of Tustin, California, having requested to resign as a member of the Bar of this Court, it is ordered that her name be stricken from the roll of attorneys admitted to the practice of law before this Court. The Rule to Show Cause, issued on November 10, 1997, is discharged. No. D1905. In the Matter of Disbarment of William Torrance Fid- des, Jr. William Torrance Fiddes, Jr., of Houston, Texas, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1906. In the Matter of Disbarment of George Robert Neely. George Robert Neely, of Houston, Texas, is suspended from the prac- tice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

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TUESDAY, JANUARY 20, 1998 455 No. D1907. In the Matter of Disbarment of David H. Rome. David H. Rome, of Longmeadow, Massachusetts, is suspended from the prac- tice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

Recess Order The Court will take a recess from Monday, January 26, 1998, until Monday, February 23, 1998.

Admissions to the Bar on Written Motions Applicant City and State Movant Ada Manzano Avallone Miami, FL Richard A. Sharpstein Frank Bastone Jr. New York, NY Kenneth J. Burford Gregory Wells Bowman Chicago, IL Robert Claude Knuepfer, Jr. Matthew P. Boylan Roseland, NJ John J. Gibbons Karl M. Braun Atlanta, GA Michael A. Pannier R. Bradford Brittian Knoxville, TN Robert E. Pitts Bryan Lee Ciyou Indianapolis, IN James D. Blythe, II Edward Ross Collier Dawson, GA Jesse Bowles, III Wayne Alan Cypen Miami Beach, FL Irving Cypen Rose Marie Dennis Washington, DC Seward Montgomery Cooper Lyndon Philip Evanko Belleville, IL Marvin W. Goldenhersh Marialice K. Galt Reno, NV Wm. Patterson Cashill Robert R. Gasaway Springfield, IL Kenneth Winston Starr Michael J. Gill Boston, MA Martha Joan Koster Teri Beth Goldman St. Louis, MO Thomas A. Mickes J. L. Jay El Paso, TX James Lyman Gallagher Amie Langfitt Johnson Charleston, WV Scott E. Johnson

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456 TUESDAY, JANUARY 20, 1998

Applicant City and State Movant Thomas E. Johnson Chicago, IL Richard M. Franklin Cameron F. Kerry Boston, MA Martha Joan Koster Maura A. Kilroy New York, NY Garrett E. Austin James Kenneth Lobsenz Herndon, VA Eugene B. Granof William V. Luneburg Pittsburgh, PA Peter M. Shane Frederick J. McCutchon Corpus Christi, Francis Marshall TX Boykin, III Robert A. Milne New York, NY Harvey Kurzweil Joseph M. Mott Bethesda, MD Christopher G. Mackaronis James W. Neher Saint Paul, MN Linda F. Close Rachelle Anne Newcomb Sacramento, CA Shirley A. Nelson Timothy Steven Parker Eureka Springs, Lewis E. Epley, AR Jr. Wendy Ellen Parmet Newton, MA Bennett H. Klein Kristan Peters-Hamlin Baltimore, MD John Stuart Graham, III Gary Phelan New Haven, CT Joseph Dean Garrison Carl J. Burkel Poveromo Scranton, PA Michael C. Kostelaba Charles McCready Pratt New York, NY Edwin Scott Timothy Robert Price San Antonio, TX Edward M. Johnson Kenneth M. Robins Boise, ID Michael A. Henderson Laura H. Robison Atlanta, GA Hunter R. Hughes, III Charles Rosenberg Los Angeles, CA William Poms Jean Bernadette Rudolph Saint Paul, MN Timothy Randall Murphy Peter W. Schneider Atlanta, GA Robert Boyle Remar Harvey Joel Sepler Ft. Lauderdale, Philip A. Hubbart FL Frank Sever Jr. Arlington, VA Conrad Donald Philos

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TUESDAY, JANUARY 20, 1998 457

Applicant City and State Movant William A. Sherman II Cincinnati, OH Frank C. Woodside, III Guy Porter Smith Los Angeles, CA William Poms Richard Mark Sola Spokane, WA James A. Bamberger Deborah Jennifer Spector Chicago, IL Barry Lewis Kroll Leonard D. Steinman New York, NY Harris N. Cogan Cynthia Ann Valdez Tucson, AZ Philip R. Higdon Charles William Wesselhoft Chicago, IL James Timothy Harrington David Joseph White Dallas, TX Christopher Louis Kurzner David Garland Wilkins Midland, MI C. R. Gangemi, Jr. Steven Fredric Wojtasinski Boston, MA Michael C. Bourbeau

Admissions to the Bar on Oral Motions Applicant City and State Movant Karen Ann Hunold Washington, DC Honorable Seth P. Waxman, Solicitor General of the United States James Edward Anklam Arlington, VA Donald Belton Ayer George J. Grazioso Baton Rouge, LA Mary Ellen Hunley Amy Jayne Altemus Washington, DC Richard J. Hardman Erickson

Oral Arguments

No. 961923. Edward S. Cohen, Petitioner v. Hilda De La Cruz, et al. Argued by Mr. Donald B. Ayer for the petitioner, by Mr. Gregory G. Diebold for the respondents, and by Mr. Jeffrey A. Lamken for the United States as amicus curiae, by special leave of the Court. No. 961584. Terry Campbell, Petitioner v. Louisiana. Argued by Mr. Dmitrc I. Burnes for the petitioner and by Mr. Richard P. Ieyoub for the respondent.

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458 TUESDAY, JANUARY 20, 1998 No. 961925. Caterpillar Inc., Petitioner v. International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, et al. Argued by Mr. Columbus R. Gangemi, Jr., for the peti- tioner, by Mr. David M. Silberman for the respondents, and by Ms. Beth S. Brinkmann for the United States as amicus curiae, by special leave of the Court.

Adjourned until Wednesday, January 21, 1998, at 10 o'clock.

Certiorari Denied No. 977534. Jose Jesus Ceja, Petitioner v. Arizona. Application for stay of execution of sentence of death presented to Justice O'Connor and by her referred to the Court denied. Petition for writ of certiorari to the Superior Court of Arizona, Maricopa County, denied. Justice Stevens and Justice Breyer would grant the application for stay of execution.

Habeas Corpus Denied No. 977561. In Re Jose Jesus Ceja, Petitioner. Application for stay of execution of sentence of death presented to Justice O'Connor and by her referred to the Court. Petition for writ of habeas corpus denied. Justice Stevens and Justice Breyer would grant the application for stay of execution.

Certiorari Denied No. 977562. Jose Jesus Ceja, Petitioner v. Terry L. Stewart, Direc- tor, Arizona Department of Correction, et al. Application for stay of execution of sentence of death presented to Justice O'Connor and by her referred to the Court denied. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Stevens and Justice Breyer would grant the application for stay of execution.

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(JOURNAL) WEDNESDAY, JANUARY 21, 1998 459 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Opinions

No. 961462. Christopher H. Lunding, et ux., Petitioners v. New York Tax Appeals Tribunal, et al. On writ of certiorari to the Court of Appeals of New York. Judgment reversed, and case remanded to the Court of Appeals of New York for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice O'Connor. Dissenting opinion by Justice Ginsburg, with whom The Chief Justice and Justice Kennedy join. No. 961395. Janice R. Lachance, Acting Director, Office of Person- nel Management, Petitioner v. Lester E. Erickson, Jr., et al.; and Janice R. Lachance, Acting Director, Office of Personnel Management v. Harry R. McManus. On writ of certiorari to the United States Court of Ap- peals for the Federal Circuit. Judgments reversed, and case remanded to the United States Court of Appeals for the Federal Circuit for fur- ther proceedings in conformity with the opinion of this Court. Opinion by The Chief Justice. No. 968400. Douglas McArthur Buchanan, Jr., Petitioner v. Ronald J. Angelone, Director, Virginia Department of Corrections, et al. On writ of certiorari to the United States Court of Appeals for the Fourth Circuit. Judgment affirmed. Opinion by The Chief Justice. Concurring opinion by Justice Scalia. Dissenting opinion by Justice Stevens, with whom Justice Ginsburg and Justice Breyer join.

Admission to the Bar on Oral Motion Applicant City and State Movant Alan Van Praag New York, NY William D. Hummell

Oral Arguments

No. 961768. C. Elvin Feltner, Jr., Petitioner v. Columbia Pictures Television, Inc. Argued by Mr. John G. Roberts, Jr., for the petitioner and by Mr. Henry J. Tashman for the respondent.

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460 WEDNESDAY, JANUARY 21, 1998 No. 97115. Margaret Kawaauhau, et vir, Petitioners v. Paul W. Gei- ger. Argued by Mr. Norman W. Pressman for the petitioners and by Ms. Laura K. Grandy for the respondent. No. 961971. Mary Anna Rivet, et al., Petitioners v. Regions Bank of Louisiana, et al. Argued by Mr. John G. Odom for the petitioners and by Mr. Charles L. Stern, Jr., for the respondents.

Adjourned until Monday, January 26, 1998, at 10 o'clock.

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(JOURNAL) FRIDAY, JANUARY 23, 1998 461 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Order In Pending Case No. A490. Vicky Lopez, et al., Applicants v. Monterey County, Cali- fornia, et al. Application for stay of judgment of the United States District Court for the Northern District of California, case No. C-91- 20559, entered December 22, 1997, presented to Justice O'Connor and by her referred to the Court granted, pending the timely docketing of an appeal in this Court. Should the jurisdictional statement be timely filed, this order shall remain in effect pending this Court's action on the appeal. If the appeal is dismissed, or the judgment affirmed, this order shall terminate automatically. In the event jurisdiction is noted or postponed, this order will remain in effect pending the sending down of the judgment of this Court.

Certiorari Granted No. 97569. Burlington Industries, Inc., Petitioner v. Kimberly B. Ellerth. Motion of Chamber of Commerce of the United States of America for leave to file a brief as amicus curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit granted limited to Question 1 presented by the petition. Brief of petitioner to be filed with the Clerk and served upon opposing coun- sel on or before 3 p.m., Wednesday, March 4, 1998. Brief of respondent to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Monday, March 30, 1998. Reply brief, if any, is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, April 14, 1998. Rule 29.2 does not apply. No. 97634. Pennsylvania Department of Corrections, et al., Peti- tioners v. Ronald R. Yeskey. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit granted. Brief of petition- ers to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Wednesday, March 4, 1998. Brief of respondent to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Monday, March 30, 1998. Reply brief, if any, is to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, April 14, 1998. Rule 29.2 does not apply.

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462 FRIDAY, JANUARY 23, 1998 No. 97689. Bonnie L. Geissal, Beneficiary and Representative of the Estate of James W. Geissal, Deceased, Petitioner v. Moore Medical Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit granted. Brief of petitioner to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Wednesday, March 4, 1998. Brief of respondents to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Mon- day, March 30, 1998. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, April 14, 1998. Rule 29.2 does not apply.

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(JOURNAL) MONDAY, JANUARY 26, 1998 463 SUPREME COURT OF THE UNITED STATES

Present: Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer. Justice O'Connor said: "Today's orders of the Court have been certified by Justice O'Connor, filed with the Clerk, and will not be announced orally."

Appeal-Summary Disposition No. 97743. James R. King, Appellant v. Illinois Board of Elections, et al. Appeal from the United States District Court for the Northern District of Illinois. Judgment affirmed. Justice Scalia, Justice Kennedy, and Justice Thomas would note probable jurisdiction and set the case for oral argument.

Orders in Pending Cases No. A481. Kenneth B. Quarterman, Applicant v. Alan S. Quarter- man. Application for stay addressed to Justice Stevens and referred to the Court denied. No. A489. Joey Brewer, Applicant v. Clifford Marshall. Application for bail addressed to Justice Stevens and referred to the Court denied. No. 961829. Montana, et al., Petitioners v. Crow Tribe of Indians, et al. Motion of the Solicitor General for divided argument granted. No. 9716. Ohio Forestry Association, Inc., Petitioner v. Sierra Club, et al. Motion of the Solicitor General for divided argument granted to be divided as follows: petitioner - 15 minutes; the Solicitor General - 15 minutes; respondents - 30 minutes. No. 97174. Cass County, Minnesota, et al., Petitioners v. Leech Lake Band of Chippewa Indians. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argu- ment granted. No. 97288. Vicky Lewis, et ux., Individually, as Parents, as Next Friends and as Administrators of the Estate of Kathryn C. Lewis, De- ceased, Petitioners v. Brunswick Corporation. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted. No. 97282. Beth Ann Faragher, Petitioner v. City of Boca Raton. Motion of National Employment Lawyers Association for leave to file a brief as amicus curiae granted.

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464 MONDAY, JANUARY 26, 1998 No. 97463. Textron Lycoming Reciprocating Engine Division, AVCO Corp., Petitioner v. United Automobile, Aerospace and Agricul- tural Implement Workers of America, International Union and its Local 787. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument denied. No. 97843. Aurelia Davis, as Next Friend of LaShonda D., Peti- tioner v. Monroe County Board of Education, et al. The Solicitor Gen- eral is invited to file a brief in this case expressing the views of the United States. No. 976836. John Chong-Hwan Wee, et ux., Petitioners v. John An- drews, et al. Motion of petitioners for leave to proceed in forma pau- peris denied. Petitioners are allowed until February 17, 1998, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.

Certiorari Granted

No. 97826. AT&T Corp., et al., Petitioners v. Iowa Utilities Board, et al.; and AT&T Corp., et al., Petitioners v. California, et al.; No. 97829. MCI Telecommunications Corporation, Petitioner v. Iowa Utilities Board, et al.; and MCI Telecommunications Corporation, Petitioner v. California, et al.; No. 97830. Association for Local Telecommunications Services, et al., Petitioners v. Iowa Utilities Board, et al.; No. 97831. Federal Communications Commission and United States, Petitioners v. Iowa Utilities Board, et al.; and Federal Com- munications Commission and United States, Petitioners v. California, et al.; No. 971075. Ameritech Corporation, et al., Petitioners v. Federal Communications Commission, et al.; No. 971087. GTE Midwest Incorporated, Petitioner v. Federal Com- munications Commission, et al.; No. 971099. U S West, Inc., Petitioner v. Federal Communications Commission, et al.; and No. 971141. Southern New England Telephone Company, et al., Petitioners v. Federal Communications Commission, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Eighth Circuit granted. The cases are consolidated and a total of one hour is allotted for oral argument. Justice O'Connor took no part in the consideration or decision of these petitions.

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MONDAY, JANUARY 26, 1998 465 Certiorari Denied

No. 97399. Mehmet Semih Sidali, Petitioner v. Immigration and Naturalization Service, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 97512. Sierra Club, Petitioner v. City of San Antonio, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97521. Linda Tackett, et vir, Petitioners v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97699. Larry Cooper, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97705. Kerr-McGee Corporation, et al., Petitioners v. Kee Tom Farley, Individually and on Behalf of the Estate of Lucy K. Farley, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 97706. Century Offshore Management Corporation, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97737. Alexander S., et al., Petitioners v. Flora Brooks Boyd, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. No. 97754. Robert Wagner, et ux., Petitioners v. Patricia Devine, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 97783. Willie Joe Flowers, Petitioner v. Mississippi. Petition for writ of certiorari to the Court of Appeals of Mississippi denied. No. 97785. Bonneau Company, Petitioner v. Magnivision, Inc. Peti- tion for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 97792. Steven Douglas Jenkins, et al., Petitioners v. Bobby Lee Medford, Individually and in His Official Capacity as Sheriff of Bun- combe County, North Carolina, et al.; and No. 97986. Bobby Lee Medford, Individually and in His Official Ca- pacity as Sheriff of Buncombe County, North Carolina, et al., Petition- ers v. Steven Douglas Jenkins, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

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466 MONDAY, JANUARY 26, 1998 No. 97820. Jack P. Brigman, Petitioner v. CSX Transportation, Inc. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 97827. Charlene McGowan, Petitioner v. Texaco Inc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97841. Roy C. Cheatham, et al., Petitioners v. H. E. Monroe, Jr., Commissioner, Alabama Department of Revenue, et al. Petition for writ of certiorari to the Court of Civil Appeals of Alabama denied. No. 97842. Rosetta Hillary, Petitioner v. Trans World Airlines, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97849. Inez Brown Crouch, et al., Petitioners v. Secretary of State of South Carolina, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97862. Paul Papapanos, Petitioner v. Lufthansa German Air- lines, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97864. Avaine Strong, Petitioner v. State Board for Technical and Comprehensive Education, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97868. NACCO Industries, Inc., Petitioner v. Roger W. Tracy, Ohio Tax Commissioner. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 97880. Brian McCord, Petitioner v. Michael Millward, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied. No. 97882. Mark Steven Corrinet, Petitioner v. United Nations, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97890. Connie Yon and Delores Bryant, Petitioners v. Florida Department of Corrections. Petition for writ of certiorari to the Dis- trict Court of Appeal of Florida, First District, denied. No. 97891. Sheetz, Inc., Petitioner v. Cheryl L. Vandevender. Peti- tion for writ of certiorari to the Supreme Court of Appeals of West Virginia denied. No. 97893. Matimak Trading Company Limited, Petitioner v. Al- bert Khalily, dba Unitex Mills, Inc., and D. A. Y. Kids Sportswear Inc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

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MONDAY, JANUARY 26, 1998 467 No. 97899. Gregory Dennis, Petitioner v. Scott Paper Company. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97903. Marc Timmerman, Petitioner v. Edward McLaughlin, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97909. Linda Maddox, Petitioner v. Capitol Bankers Life Insur- ance Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97913. Lemuel Robert Hall, Petitioner v. Darrel Jacobs, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97923. Robert G. Votion, Petitioner v. County of Atascosa, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97985. Michelle La Nette Nunley, Petitioner v. City of Los Angeles, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97994. Gertrude Gorod, Petitioner v. Department of Employ- ment and Training of Boston, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 971014. Walton Halleck Donnell, Petitioner v. Office of Discipli- nary Counsel of Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 971020. M. A. Baheth & Co., Inc., Petitioner v. Martin A. Schott, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971024. Lavoyd W. Dollar, Petitioner v. United States; and No. 977166. Thomas D. Gandy, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971033. David L. Smith, Petitioner v. Louisiana-Pacific Corpo- ration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 971042. Alan Leslie Himber, Petitioner v. Thomas D. Powers, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied.

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468 MONDAY, JANUARY 26, 1998 No. 971052. Brahim Arrieh, Petitioner v. City of Milwaukee. Peti- tion for writ of certiorari to the Court of Appeals of Wisconsin, District I, denied. No. 976186. James D. Robinson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976354. Walter Lee, Jr., Petitioner v. Willis E. Morton, Admin- istrator, New Jersey State Prison, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976533. Harry Cameron and Carl M. Wildes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976567. Imo John Akpaeti, Petitioner v. Florida District Court of Appeal, Third District; and Imo John Akpaeti, Petitioner v. Terra- nova Corporation. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 976677. James A. Williams, Petitioner v. Washington. Petition for writ of certiorari to the Court of Appeals of Washington, Division 1, denied. No. 976698. Elizabeth Baddour, Petitioner v. Susan Clark Cary. Pe- tition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. No. 976747. Daniel Cummings, Jr., Petitioner v. North Carolina. Petition for writ of certiorari to the Supreme Court of North Caro- lina denied. No. 976773. Anthony Porter, Petitioner v. Jerry Gilmore, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 976826. James Newman Hood, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fourth Ap- pellate District, denied. No. 976833. Gerald Rodgers, Petitioner v. Court of Common Pleas of Ohio, Columbiana County, et al. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 976837. Eddie Tyler, Petitioner v. Wayne Scott, Former Direc- tor, Texas Department of Criminal Justice, Institutional Division, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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MONDAY, JANUARY 26, 1998 469 No. 976838. Ernest Ward, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976842. John Wesley Banos, Petitioner v. Gary L. Johnson, Di- rector, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976846. Rubin Weeks, Petitioner v. Michael Bowersox, Superin- tendent, Potosi Correctional Center. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976847. John A. Burnett, Petitioner v. Larry Norris, Director, Arkansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976849. Vincent Rivera, Petitioner v. Florida Department of Corrections. Petition for writ of certiorari to the District Court of Ap- peal of Florida, First District, denied. No. 976850. Vincent Rivera, Petitioner v. Florida Department of Corrections. Petition for writ of certiorari to the District Court of Ap- peal of Florida, First District, denied. No. 976851. Robert Simpson, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth Dis- trict, denied. No. 976864. Kim Smith, Petitioner v. D. O'Brien, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976865. Juventino Munoz, Petitioner v. John E. Benz. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976868. Todd W. Altschul, Petitioner v. Texas Board of Pardons and Paroles. Petition for writ of certiorari to the Supreme Court of Texas denied. No. 976870. Paul L. Browning, Petitioner v. Shawn Mahan, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976871. Bruce B. Bussey, Petitioner v. Donald T. Vaughn, Superintendent, State Correctional Institution at Graterford. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

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470 MONDAY, JANUARY 26, 1998 No. 976877. Waadew Aysisayh, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 976881. Melvin Bowman, Petitioner v. Kay Siefied, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 976887. Jonathan H. Scott, Petitioner v. Alfred J. Szczerbicki, et al. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied. No. 976890. Fred G. Labankoff and Swetlana Labankoff, Petitioners v. Jan Adam Greben, et al. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied. No. 976891. Helen Hoang, Petitioner v. ADIA Personnel Services. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976892. Andrew Gale, Petitioner v. Edward Perovic, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 976894. Laura Darne, Petitioner v. Fredric Weber. Petition for writ of certiorari to the Court of Appeals of Wisconsin, District II, denied. No. 976895. Lonzo Dowtin-El, Petitioner v. Zbigniew Tyskiewicz, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 976896. Donald Wayne Engelking, Petitioner v. Drug Enforce- ment Administration. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 976898. Monroe R. Maxhimer, Petitioner v. City of Glendale. Petition for writ of certiorari to the Court of Appeals of Arizona, Divi- sion One, denied. No. 976899. Carl V. Jones, Petitioner v. The Pep Boys, Manny, Moe, and Jack of California. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 976900. Perry Jackson, Petitioner v. Department of Corrections of Louisiana. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976902. Terry D. Briggs, Sr., Petitioner v. John Ignacio, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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MONDAY, JANUARY 26, 1998 471 No. 976905. David J. Forty, Petitioner v. Florida. Petition for writ of certiorari to the Circuit Court of Florida, Pinellas County, denied. No. 976907. Robert Dale Hall, Petitioner v. Minnesota, et al. Peti- tion for writ of certiorari to the Court of Appeals of Minnesota denied. No. 976912. Ned L. Kelley, Petitioner v. Tom Rolfs, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976913. Jim L. Nance, Petitioner v. Wayne Pike, Sheriff, Wythe County, Virginia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976922. Barrington F. Watkis, Petitioner v. Bernice Thrasher, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. No. 976923. Lonnie Wickliffe, Petitioner v. Superior Court of Indi- ana, Marion County, et al. Petition for writ of certiorari to the Supreme Court of Indiana denied. No. 976925. Ben Gary Triestman, Petitioner v. Department of Jus- tice, Office of Professional Responsibility. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 976929. Mark Laurie Tulk, Petitioner v. Michigan. Petition for writ of certiorari to the Court of Appeals of Michigan denied. No. 976930. Alice F. Tyler, Petitioner v. Michigan. Petition for writ of certiorari to the Court of Appeals of Michigan denied. No. 976936. Arthur Rainwater, Petitioner v. Massachusetts. Peti- tion for writ of certiorari to the Supreme Judicial Court of Massachu- setts denied. No. 976953. Kenneth Kenley, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. No. 976960. Ronnie Johnson, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 976961. Tyrone McDaniel Yahweh, Petitioner v. Aristedes W. Zavaras, Executive Director, Colorado Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 976992. Thomas Mark Adams, Petitioner v. North Carolina. Petition for writ of certiorari to the Supreme Court of North Caro- lina denied.

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472 MONDAY, JANUARY 26, 1998 No. 977003. James Wellington, Petitioner v. Paul E. Brodeur, Com- missioner, New Hampshire Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 977005. Richard Scott Salazar, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fourth Ap- pellate District, denied. No. 977015. Samuel A. Wilson, Petitioner v. William Chang. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 977028. Laura Darne, Petitioner v. Wisconsin, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 977055. Marquita Palmer, Petitioner v. Circuit Court of Illinois, Cook County. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 977093. Kenneth Edmunson, Petitioner v. Donald Savko, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 977094. Charles Griffin, Petitioner v. Craig A. Hanks, Superin- tendent, Wabash Valley Correctional Facility. Petition for writ of cer- tiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 977104. Daniel Perez, Petitioner v. Charles D. Marshall, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 977107. Saundra Brown, Petitioner v. Maryland Department of Juvenile Justice. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied. No. 977118. Mark Ragland, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 977129. Thabit Yasir Saleem, Petitioner v. David Helman, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. No. 977135. Bobby Earl Lusk, Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied.

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MONDAY, JANUARY 26, 1998 473 No. 977146. Jairo Pedroza-Ortiz, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 977155. Morris C. Hurd, Petitioner v. District Court of Iowa, Ida County. Petition for writ of certiorari to the Court of Appeals of Iowa denied. No. 977163. Kevin E. Everhart, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977191. Manuel Ernesto Fonseca-Caro, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977205. Mark Louis Jendrzejewski, Petitioner v. Michigan. Peti- tion for writ of certiorari to the Supreme Court of Michigan denied. No. 977209. Hugh O. Plunkett, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 977211. Arthur Snead, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 977216. Okey Gary Okpala, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977217. Donald Lee Baxter, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 977219. Gaylin Terod Johnson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977221. Joey Mesa, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977226. Jon Raymond Ware, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977227. Sarah Tess Uy, aka Sarah Montebello, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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474 MONDAY, JANUARY 26, 1998 No. 977230. Robert L. Hager, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 977231. Willie Gene Dawson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 977232. Paul M. Byous, aka Paul Byous, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977233. Carlos Fuentez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 977234. James Junior Spear, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 977236. Jessie Reisenauer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977237. Hermelo Antonio-Cruz, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977242. Curtis Wheeler, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 977248. George Yossif, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 977258. Eddie Edwards, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977259. Ricky Dean Cole, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 977261. Alberto Lluis, aka Tio, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977264. Nicol Bomski, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

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MONDAY, JANUARY 26, 1998 475 No. 977265. Clyde Garcia Cropp and Troy Dennis Cropp, Petition- ers v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977266. Demitress Sanchez Cox, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 977267. Arthur F. Calton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97627. Harold Clarke, Director, Nebraska Department of Cor- rectional Services, et al., Petitioners v. George Weaver. Motion of re- spondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97854. Microsoft Corporation, et al., Petitioners v. Donna Viz- caino, et al. Motion of Information Technology Association of America, et al., for leave to file a brief as amici curiae granted. Motion of Cham- ber of Commerce of the United States, et al., for leave to file a brief as amici curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97907. In Re James L. Martin, Petitioner. Motion of petitioner to defer consideration of the petition for certiorari denied. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 97953. Arthur Calderon, Warden, Petitioner v. United States District Court for the Central District of California (Rodney Gene Beeler, Real Party in Interest). Motion of respondent Rodney G. Beeler for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Habeas Corpus Denied No. 971083. In Re Richard A. Cole, Petitioner. Petition for writ of habeas corpus denied.

Mandamus Denied No. 97784. In Re Theodore B. Gould, Petitioner; No. 976924. In Re Michael T. White, Petitioner; and No. 977154. In Re John A. Langworthy, Petitioner. Petitions for writs of mandamus denied.

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476 MONDAY, JANUARY 26, 1998 No. 976889. In Re Natalya Tamara Hampel, et vir, Petitioners. Pe- tition for writ of mandamus and/or prohibition denied.

Rehearings Denied

No. 961009. David Goodhart and Harvey Shenberg, Petitioners v. United States; No. 967960. Brigido Marmolejo, Jr., Petitioner v. United States; No. 969320. Claude Hosch, Petitioner v. Bandag, Inc.; No. 97332. Adrian Bonilla Montalvo, Petitioner v. Banco Bilbao Viz- caya, etc., et al.; No. 97560. Stephen Michael Ridder, Petitioner v. City of Spring- field, et al.; No. 97615. TruServ Corporation, Petitioner v. California, ex rel. Daniel G. Lungren, Attorney General, et al.; No. 97621. Ojavan Investors, Inc., et al., Petitioners v. California Coastal Commission, et al.; and No. 97622. Peter D. Bogart, et al., Petitioners v. California Coastal Commission; No. 97671. Frank B. Carabello, Petitioner v. Sharon R. Carabello, et al.; No. 975140. Robert Flieger, Petitioner v. Michael Bowersox, Super- intendent, Potosi Correctional Center; No. 975160. Barry Allen Fisher, Petitioner v. John Wyatt, et al.; No. 975949. Harold D. Qualls, Jr., Petitioner v. Daniel Ferritor, et al.;No. 976432. John Paul Turner, Petitioner v. Ronald J. Angelone, Director, Virginia Department of Corrections, et al.; and No. 976435. John Paul Turner, Petitioner v. United States; John Paul Turner, Petitioner v. Virginia; John Paul Turner, Petitioner v. Thomas H. Wood, Judge, Circuit Court of Virginia, City of Staunton; John Paul Turner, Petitioner v. Samuel Grayson Wilson, Judge, United States District Court for the Western District of Virginia, et al.; and John Paul Turner, Petitioner v. Internal Revenue Service, et al. Peti- tions for rehearing denied.

Attorney Discipline

No. D1856. In the Matter of Disbarment of William H. Proctor. Disbarment order entered. No. D1879. In the Matter of Disbarment of Louis H. Bernstein. Disbarment order entered.

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MONDAY, JANUARY 26, 1998 477 No. D1908. In the Matter of Disbarment of George Ward Trammell, III. George Ward Trammell, III, of Long Beach, California, is sus- pended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

Admissions to the Bar on Written Motions Applicant City and State Movant Arthur J. Abrams Jersey City, NJ Gerald D. Miller Karen Coolman Amlong Fort Lauderdale, William Robert FL Amlong Russell W. Ayres, III Pittsburgh, PA Bruce I. Crocker Stephen Urban Baer Charlottesville, Pamela A. Sargent VA John Elliott Baker New Orleans, LA Andre Charles Castaing Chandra S. Baldwin Covington, KY Donald L. Stepner Larry L. Barnard Fort Wayne, IN Diana Carol Bauer Robert Lawrence Bastian, Los Angeles, CA Thomas E. Beck Jr. H. Vaughan Blaxter, III Pittsburgh, PA Bruce I. Crocker Leslie A. Bonin New Orleans, LA Ira Jay Rosenzweig Matthew Victor Brammer Cincinnati, OH Frank C. Woodside, III John Storey Breckinridge, New York, NY George R. Jr. Abramowitz Elisabeth Townsend Bridge Racine, WI Michael Ash Lawrence Victor Brocchini Bronxville, NY Harvey Kurzweil Mickale Cora Carter Alexandria, VA Clinton Charles Pearson David M. Cohen Columbus, OH D. Michael Miller Mary Martelle Collier Nashville, TN Evelyn Hassinger Brantley Andrew G. Cooley Seattle, WA Michael F. Madden Samuel John Cordes Pittsburgh, PA Timothy P. O'Brien David Alan Darby Tucson, AZ Jill Elayne Thorpe David M. Deutsch Dayton, OH Ronald E. Schultz Christina Henley Duncan Manchester, TN Doyle E. Richardson

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478 MONDAY, JANUARY 26, 1998

Applicant City and State Movant Duggan F. Ellis New Orleans, LA John Robert Martzell John Andrew Folmar Advance, NC Judge Robinson O. Everett Wendy Vaupel Gallagher Pittsburgh, PA George Michael Janocsko Richard A. Getty Lexington, KY Walker Porter Mayo, III Judith B. Gitterman Los Angeles, CA Alan Robert Malasky Roberta Golden Boston, MA Robert H. Quinn Zachary Gottesman Cincinnati, OH Michael Jerome Honerlaw Carolyn Maureen Hanahan Austin, TX Leon Kelly Frels Kathryn M. Hargraves Frankfort, KY Mark A. Posnansky George E. Harp Shreveport, LA Harvetta Silvarya Strozier Colvin Winter R. Huff Somerset, KY John Gideon Prather, Jr. J. Wesley Hughes Birmingham, AL Mark Seymour Boardman Marsha A. Hunt Syracuse, NY Ruth Frances Rosenberg Peter N. Jansson Racine, WI Francis X. Gindhart Vera Dorothy Jean St. Thomas, VI Leon A. Kendall James Henry Kenworthy New York, NY Michael Oscar Lesch Claude Franklin Kolm San Francisco, CA Louise H. Renne Dorothea Patricia Kraeger Richmond, VA C. Steven McMurry Michael Lieberman Haddonfield, NJ Nancy Winkelman Connie S. Lundgren San Diego, CA Gregory W. Pollack William B. Malchodi Hartford, CT Michael S. Wilder Maureen B. Mantineo Jersey City, NJ Gerald D. Miller Sherry Elizabeth Martin Nashville, TN Leslie Ann Bridges Kathryn R. Matheny Louisville, KY Donald S. Dott, Jr.

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MONDAY, JANUARY 26, 1998 479

Applicant City and State Movant Regina O. Matthews New Orleans, LA John Robert Martzell Paula House McFaul Portland, ME Peter Jonathan Rubin Bruce Lawton McLellan Minneapolis, MN Bruce A. Peterson Elizabeth A. McNamara New York, NY Victor A. Kovner Elaine M. Michaud Manchester, NH Donald E. Gardner James D. Morton Pittsburgh, PA Mark Raymond Hornak John Edward Munger Lincolnshire, IL Robert J. Kopka Patricia Marie O'Connell New York, NY Michael Francis Kiely Charles E. Parrish Conway, SC Carroll D. Padgett, Jr. Thomas F. Pepe Miami, FL Keith W. Saks Thomas M. Pinckney, Jr. Nashville, TN C. J. Gideon, Jr. Glen Rafkin Fort Lauderdale, Leonard Lubart FL Darlene S. Ransome Baton Rouge, LA C. James Gelpi Howard D. Reitz, Jr. Arlington, VA M. Miller Baker Elton Boyce Richey, Jr. Shreveport, LA Wellborn Jack, Jr. Carol J. Cusick Riley Pittsburgh, PA Patrick R. Riley Karen Harpenau Rippy Frankfort, KY Mark A. Posnansky J. Stanley Rogers Manchester, TN Doyle E. Richardson Jeffrey Telton Rogg Alpena, MI Robert A. Reuther Michael E. Roll Chicago, IL James Alan Burns, Jr. Dennis L. Roossien, Jr. Dallas, TX Randal G. Mathis Paul H. Rosenberg Des Moines, IA Brent B. Green Robert Allan Rosenfeld San Francisco, CA Stephen V. Bomse Stephen Edward Smith Chciago, IL Dale Robert Crider Jacquelyn L. Snyder San Antonio, TX M. Carolyn Fuentes Rebecca See Stith St. Louis, MO John Gianoulakis Gary P. Thimsen Sioux Falls, SD Mark Vernon Meierhenry

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480 MONDAY, JANUARY 26, 1998

Applicant City and State Movant George Zeno Toscas Chicago, IL Christopher A. Nuechterlein Margaret A. Weekes Washington, DC Deidre Susan Fain Michael J. Wynne Houston, TX J. Mark Breeding

Opinions

No. 961291. Dolores M. Oubre, Petitioner v. Entergy Operations, Inc. On writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Judgment reversed, and case remanded to the United States Court of Appeals for the Fifth Circuit for further proceedings in conformity with the opinion of this Court. Opinion by Justice Kennedy. Concurring opinion by Justice Breyer, with whom Justice O'Connor joins. Dissenting opinion by Justice Scalia. Dissenting opinion by Jus- tice Thomas, with whom The Chief Justice joins. No. 96795. Allentown Mack Sales and Service, Inc., Petitioner v. National Labor Relations Board. On writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit. Judgment reversed, and case remanded to the United States Court of Appeals for the District of Columbia Circuit for further proceedings in conform- ity with the opinion of this Court. Opinion by Justice Scalia. Opinion by The Chief Justice, with whom Justice O'Connor, Justice Kennedy, and Justice Thomas join, concurring in part and dissenting in part. Opinion by Justice Breyer, with whom Justice Stevens, Justice Souter, and Justice Ginsburg join, concurring in part and dissenting in part. No. 961579. James Brogan, Petitioner v. United States. On writ of certiorari to the United States Court of Appeals for the Second Circuit. Judgment affirmed. Opinion by Justice Scalia. Opinion by Justice Sou- ter concurring in part and dissenting in part. Opinion by Justice Gins- burg, with whom Justice Souter joins, concurring in the judgment. Dis- senting opinion by Justice Stevens, with whom Justice Breyer joins. No. 961581. South Dakota, Petitioner v. Yankton Sioux Tribe, et al. On writ of certiorari to the United States Court of Appeals for the Eighth Circuit. Judgment reversed, and case remanded to the United States Court of Appeals for the Eighth Circuit for further proceedings in conformity with the opinion of this Court. Opinion by Justice O'Connor.

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MONDAY, JANUARY 26, 1998 481

Admissions to the Bar on Oral Motions Applicant City and State Movant Claudia Stewart Fort Myers, FL Donald Edward Van Koughnet Jeffrey King Van Nest Washington, DC Stephen Deane Chace

Adjourned until Monday, February 23, 1998, at 10 o'clock.

Order in Pending Case No. 975737. Sandra K. Forney, Petitioner v. Kenneth S. Apfel, Com- missioner of Social Security. Allen R. Snyder, Esquire, of Washington, D. C., is invited to brief and argue this case as amicus curiae, in sup- port of the judgment below.

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(JOURNAL) TUESDAY, FEBRUARY 3, 1998 483 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Habeas Corpus Denied No. 977716. In Re Karla Faye Tucker, Petitioner. Application for stay of execution of sentence of death presented to Justice Scalia and by him referred to the Court denied. Petition for writ of habeas cor- pus denied.

Certiorari Denied No. 977698. Karla Faye Tucker, Petitioner v. Texas. Application for stay of execution of sentence of death presented to Justice Scalia and by him referred to the Court denied. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

Certiorari Denied No. 977768. Karla Faye Tucker, Petitioner v. Texas Board of Par- dons and Paroles, et al. Application for temporary restraining order, preliminary injunction, and stay of execution of sentence of death pre- sented to Justice Scalia and by him referred to the Court denied. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice O'Connor and Justice Kennedy took no part in the consideration or decision of this application and this petition.

Habeas Corpus Denied No. 977764. In Re Karla Faye Tucker, Petitioner. Application for stay of execution of sentence of death presented to Justice Scalia and by him referred to the Court denied. Petition for writ of habeas corpus denied. Justice O'Connor and Justice Kennedy took no part in the con- sideration or decision of this application and this petition.

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(JOURNAL) FRIDAY, FEBRUARY 6, 1998 485 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Certiorari Denied No. 977747. Tony Albert Mackall, Petitioner v. Ronald J. Angelone, Director, Virginia Department of Corrections, et al. Application for stay of execution of sentence of death presented to The Chief Justice and by him referred to the Court denied. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Stevens and Justice Ginsburg would grant the application for stay of execution.

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(JOURNAL) FRIDAY, FEBRUARY 20, 1998 487 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Con- nor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Certiorari Denied No. 977888. Terry Allen Langford, Petitioner v. Montana, et al. Ap- plication for stay of execution of sentence of death presented to Justice O'Connor and by her referred to the Court denied. Petition for writ of certiorari to the Supreme Court of Montana denied.

Order in Pending Cases No. 97826. AT&T Corp., et al., Petitioners v. Iowa Utilities Board, et al.; No. 97829. MCI Telecommunications Corporation, Petitioner v. Iowa Utilities Board, et al.: No. 97830. Association for Local Telecommunications Services, et al., Petitioners v. Iowa Utilities Board, et al.; No. 97831. Federal Communications Commission and United States, Petitioners v. Iowa Utilities Board, et al.; No. 971075. Ameritech Corporation, et al., petitioners v. Federal Communications Commission, et al.; No. 971087. GTE Midwest Incorporated, Petitioner v. Federal Com- munications Commission, et al.; No. 971099. U S West, Inc., Petitioner v. Federal Communications Commission, et al.; and No. 971141. Southern New England Telephone Company, et al., Petitioners v. Federal Communications Commission, et al. Motion of the Solicitor General for a consolidated briefing schedule granted in part and denied in part. Petitioners may file briefs, not to exceed 50 pages, only on the questions presented in their petitions on or before April 3, 1998. Cross-petitioners/respondents may file briefs, not to ex- ceed 75 pages, that both respond to petitioners and address the ques- tions presented in the cross-petitions on or before May 18, 1998. Peti- tioners may file briefs, not to exceed 50 pages, that both reply on their issues and respond to cross-petitioners' issues on or before June 17, 1998. Cross-petitioners may file briefs, not to exceed 25 pages, that

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488 FRIDAY, FEBRUARY 20, 1998 only reply to cross-respondents' briefs on or before July 17, 1998. Jus- tice O'Connor took no part in the consideration or decision of this motion.

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(JOURNAL) MONDAY, FEBRUARY 23, 1998 489 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer. The Chief Justice said: "Today's orders of the Court have been certified by The Chief Jus- tice, filed with the Clerk, and will not be announced orally."

Opinions Per Curiam No. 97663. Newsweek, Inc., Petitioner v. Florida Department of Revenue, et al. On petition for writ of certiorari to the District Court of Appeal of Florida, First District. Petition for writ of certiorari granted. Judgment vacated, and case remanded to the District Court of Appeal of Florida, First District, for further proceedings not inconsistent with the opinion of this Court. Opinion per curiam. No. 976749. Lorenzo Arteaga, Petitioner v. United States Court of Appeals for the Ninth Circuit; and Lorenzo Arteaga, Petitioner v. Pete Wilson, Governor of California, et al. On motion for leave to proceed in forma pauperis. Motion for leave to proceed in forma pauperis denied. Petitioner is allowed until March 16, 1998, within which to print and pay the docketing fee required by Rule 38 and to submit his peti- tion in compliance with Rule 33.1. Opinion per curiam. Dissenting statement by Justice Stevens.

Certiorari-Summary Disposition No. 97113. Perrin W. Hurdle, Petitioner v. Sears, Roebuck and Com- pany. On petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Fifth Circuit for further consideration in light of Oubre v. Entergy Operations, Inc., 522 U. S. (1998). No. 976376. Frank Cournoyer, Petitioner v. United States. On peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Eighth Circuit for further consideration in light of South Dakota v. Yankton Sioux Tribe, 522 U. S. (1998).

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490 MONDAY, FEBRUARY 23, 1998 Orders In Pending Cases No. A339. Bobby Odus, Applicant v. United States. Application for release addressed to Justice O'Connor and referred to the Court denied. No. M38. Michael Evans Woodson, Petitioner v. California Attor- ney General. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M39. Daniel J. Curtis, Petitioner v. Ronald T. Vaughn, Superin- tendent, Massachusetts Correctional Institution, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M40. Townson & Alexander, Inc., Petitioner v. Rob Park. Mo- tion to direct the Clerk to file a petition for writ of certiorari out-of- time denied. No. M41. Risk Managers International, Inc., et al., Petitioners v. Tamalou Williams, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M43. Sharon Denise Brown, Petitioner v. United States. Mo- tion to direct the Clerk to file a petition for writ of certiorari out-of- time denied. No. M42. Oliver Mitchell, Petitioner v. City of Detroit, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time under Rule 14.5 denied. No. M44. Bill Bradford, Petitioner v. California. Motion for leave to proceed in forma pauperis without an affidavit of indigency exe- cuted by petitioner is denied. No. 968422. Sillasse Bryan, Petitioner v. United States. Motion for appointment of counsel granted, and it is ordered that Roger B. Adler, Esquire, of New York, New York, is appointed to serve as counsel for petitioner in this case. No. 9742. Eastern Enterprises, Petitioner v. Kenneth S. Apfel, Commissioner of Social Security, et al. Motion of the Solicitor General for divided argument granted. No. 97282. Beth Ann Faragher, Petitioner v. City of Boca Raton. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted. No. 97581. Pennsylvania Board of Probation and Parole, Petitioner v. Keith M. Scott. Motion of the Solicitor General for leave to partici- pate in oral argument as amicus curiae and for divided argument granted.

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MONDAY, FEBRUARY 23, 1998 491 No. 97371. National Endowment For The Arts, et al., Petitioners v. Karen Finley, et al. Motion of Family Research Institute of Wiscon- sin for leave to file a brief as amicus curiae granted. No. 97372. United States, Petitioner v. United States Shoe Corpora- tion. Motion of Arctic Cat, et al., for leave to participate in oral argu- ment as amici curiae, for divided argument, and for additional time for oral argument denied. No. 97569. Burlington Industries, Inc., Petitioner v. Kimberly B. Ellerth. Motion of Ernest T. Rossiello, Esquire, to permit Elena M. Dimo-Poulos, Esq. to present oral argument pro hac vice denied. No. 97643. United States, Petitioner v. Vickie S. Cabrales. Motion of the Solicitor General to dispense with printing the joint appendix granted. Motion of respondent for leave to proceed further herein in forma pauperis granted. Motion for appointment of counsel granted, and it is ordered that John W. Rogers, Esquire, of Columbus, Missouri, is appointed to serve as counsel for respondent in this case. No. 97795. Pinal Creek Group, Consisting of Cyprus Miami Mining Corporation, Inspiration Consolidated Copper Company, and BHP Copper, Inc., Petitioner v. Newmont Mining Corporation, et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States. No. 971054. Chase Manhattan Bank, as Trustee of the IBM Retire- ment Plan Trust Fund, Petitioner v. City and County of San Francisco, et al. The Solicitor General is invited to file a brief in this case express- ing the views of the United States. No. 976146. Angel Jaime Monge, Petitioner v. California. Motion for appointment of counsel granted, and it is ordered that Cliff Gardner, Esquire, of San Francisco, California, is appointed to serve as counsel for petitioner in this case. Certiorari Granted No. 97930. Victoria Buckley, Secretary of State of Colorado, Peti- tioner v. American Constitutional Law Foundation, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit granted.

Certiorari Denied No. 961988. Sears, Roebuck & Company, et al., Petitioners v. Thomas Long. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

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492 MONDAY, FEBRUARY 23, 1998 No. 962002. Ameritech Corporation, et al., Petitioners v. Gary Rac- zak, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 967999. Reinaldo Roman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97570. Duchesne County and Uintah County, Petitioners v. Ute Indian Tribe of the Uintah and Ouray Reservation. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 97576. Bandila Shipping Inc., et al., Petitioners v. Erica Kaur Ghotra and Ravinder Singh Ghotra, Minors, by Susan Ghotra, their Guardian Ad Litem, et al.; and No. 97758. Erica Kaur Ghotra and Ravinder Singh Ghotra, Minors, by Susan Ghotra, their Guardian Ad Litem, et al., Petitioners v. Bandila Shipping Inc., et al. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97698. Dayna R. Patrick Layman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97720. Saipan Hotel Corporation, dba Hafadai Beach Hotel, Petitioner v. National Labor Relations Board; and Saipan Hotel Corpo- ration, dba Hafadai Beach Hotel, Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97741. Burlington Northern and Santa Fe Railway Company, Petitioner v. Michael Smith, Amanda Kathryn Smith, and Melissa Ann Smith. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97750. Alaska, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 97765. Mary Anna Gnadt, Petitioner v. Ernest G. Castro, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97766. Harbor Bancorp & Subsidiaries, et al., Petitioners v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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MONDAY, FEBRUARY 23, 1998 493 No. 97774. Newton County Wildlife Association, et al., Petitioners v. George Rogers, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97777. Webcor Packaging, Inc., Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97779. Friends of the Vietnam Veterans Memorial, et al., Peti- tioners v. Robert Stanton, Director, National Park Service, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 97782. Brent Beals, Petitioner v. Kiewit Pacific Company, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97786. Robin Clifton and Maine Right to Life Committee, Inc., Petitioners v. Federal Election Commission. Petition for writ of certio- rari to the United States Court of Appeals for the First Circuit denied. No. 97794. Consolidated Edison Company of New York, et al., Peti- tioners v. Federico Pena, Secretary of Energy, et al. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 97824. Alfred Short, Petitioner v. City of West Point, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97833. Massachusetts State Police Association, Petitioner v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 97836. North Carolina, Petitioner v. Federal Energy Regula- tory Commission; and No. 97839. Roanoke River Basin Association, Petitioner v. Federal Energy Regulatory Commission. Petitions for writs of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 97844. District Attorney of Bucks County, et al., Petitioners v. Clifford Smith. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 97845. Lew Warden, et ux., Petitioners v. Commissioner of In- ternal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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494 MONDAY, FEBRUARY 23, 1998 No. 97851. Dianna Lawson, et vir, et al., Petitioners v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97853. Roger Cowan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 97855. Robert M. Harris and Annye C. Anderson, Petitioners v. Claud L. Johnson. Petition for writ of certiorari to the Supreme Court of Mississippi denied. No. 97856. Juan Luis Garcia, Jr., and Darlene Garcia, et al., Peti- tioners v. Cristobal Reyes and City of Fort Lauderdale. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 97860. Owner-Operator Independent Drivers Association, Inc., et al., Petitioners v. Keith Bissell, Member, Tennessee Public Service Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97863. Tai Anh Phan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97874. Kurt M. Schneider, Petitioner v. George A. Hormel & Co., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97875. Dale Kaymark, Petitioner v. Wayne E. Boley. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 97876. Donald R. Birgel, Petitioner v. Board of Commissioners of Butler County, Ohio. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97881. Marchon Eyewear, Inc., et al., Petitioners v. Tura LP, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Federal Circuit denied. No. 97887. W. P., et al., etc., Petitioners v. Peter Verniero, Attorney General of New Jersey, et al.; and No. 971074. Peter Verniero, Attorney General of New Jersey, et al., Petitioners v. W. P., et al. Petitions for writs of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 97901. David L. McLeland, Petitioner v. Syncor International Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

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MONDAY, FEBRUARY 23, 1998 495 No. 97906. Leanna C. Blankenship, Petitioner v. Parke Care Cen- ters, Inc., dba Barbara Parke Convalescent Center, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97915. Ambanc La Mesa Limited Partnership, Petitioner v. Lib- erty National Enterprises. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97916. Leslie Abromson, et al., Petitioners v. American Pacific Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97919. Video Express, et al., Petitioners v. Ohio, ex rel., Steven H. Eckstein. Petition for writ of certiorari to the Court of Appeals of Ohio, Fayette County, denied. No. 97922. Joseph T. Ponder, et ux., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 97927. Felix A. Olivieri, Petitioner v. Matt L. Rodriguez. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97929. William J. Devine, et al., Petitioners v. Indian River County School Board. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97932. M. F. Guetersloh, Jr., Petitioner v. Texas, et al. Petition for writ of certiorari to the Court of Appeals of Texas, Third District, denied. No. 97940. J. E. Simmons, Petitioner v. Webster County. Petition for writ of certiorari to the Court of Appeals of Georgia denied. No. 97942. James Altosino, et al., Petitioners v. Warrior & Gulf Navigation Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97943. Conrado Lozano, Petitioner v. Atchison, Topeka and Santa Fe Railway Company. Petition for writ of certiorari to the Court of Appeals of Texas, First District, denied. No. 97944. Jason R. Craddock and David J. Lytle, Petitioners v. Circuit Court of Virginia, Prince William County. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Cir- cuit denied.

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496 MONDAY, FEBRUARY 23, 1998 No. 97946. James O'Leary, Sr., Petitioner v. California, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97947. Gloria Byrne Alfieri, et vir., Petitioners v. M. F. Smith & Associates, Inc., and Michael F. Smith. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. No. 97948. Jack Eckerd Corporation, Petitioner v. Thomas Shannon. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97950. Celindah J. Grier, Petitioner v. Titan Corporation. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97955. Steven Dunlap, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Third District, denied. No. 97956. Lufthansa German Airlines, Petitioner v. Leonard Krys, et ux. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97957. Toys "R" Us, Inc., and TRU (HK) Limited, Petitioners v. Yusuf Ahmed Alghanim & Sons, W. L. L. Petition for writ of certio- rari to the United States Court of Appeals for the Second Circuit denied. No. 97958. Estate of Gianna Blue, et al., Petitioners v. Los Angeles County, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97959. Charles Gunn, Petitioner v. Department of Agriculture, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied. No. 97961. James J. Condit, Jr., et al., Petitioners v. Hamilton County, Ohio, et al. Petition for writ of certiorari to the Court of Ap- peals of Ohio, Hamilton County, denied. No. 97962. Solid Waste Transfer & Recycling, Inc., Petitioner v. New Jersey Department of Environmental Protection, et al. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. No. 97963. Rhonda R. Wisland, Petitioner v. Admiral Beverage Cor- poration and Paul James Mayer, IV. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

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MONDAY, FEBRUARY 23, 1998 497 No. 97966. Caterpillar Inc., Petitioner v. Commissioner of Revenue of Minnesota. Petition for writ of certiorari to the Supreme Court of Minnesota denied. No. 97968. M/V Ikan Selayang, etc., et al., Petitioners v. Sogem- Afrimet, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97971. Albert G. Wurzberger, Petitioner v. Vermont. Petition for writ of certiorari to the Supreme Court of Vermont denied. No. 97972. Paul A. Duke, Individually and as Trustee for Terri L. Strickland, et al., Petitioners v. Marshall & Co., Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 97973. John A. Cochrane, Petitioner v. Tudor Oaks Limited Partnership. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97974. Clifford Eugene Davis, Jr., et al., Petitioners v. East Baton Rouge Parish School Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97975. Mercedes I. Eguizabal, Petitioner v. Wellesley College. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 97976. Marvin R. Jones, Petitioner v. Cooper Industries, Inc. Petition for writ of certiorari to the Court of Appeals of Texas, Four- teenth District, denied. No. 97979. City of Mount Vernon, et al., Petitioners v. Matthew T. Stone. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97980. Ohio, Petitioner v. Donald Ray Harpster. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97981. Stephan M. Arleaux, Petitioner v. Selisia C. Arleaux. Petition for writ of certiorari to the Court of Appeals of Iowa denied. No. 97987. Caroline Russell, et al., Petitioners v. Thomas Wilkinson, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied. No. 97989. John Caldwell Timmons, Petitioner v. Rak Ree Enter- prises, Inc. Petition for writ of certiorari to the Court of Common Pleas of Ohio, Pickaway County, denied.

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498 MONDAY, FEBRUARY 23, 1998 No. 97991. Fletcher Brian Tukes, Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied. No. 97992. American Constitutional Law Foundation, Inc., et al., Petitioners v. Victoria Buckley, Secretary of State of Colorado. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 97995. Browning-Ferris, Inc., et al., Petitioners v. Sun Com- pany, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 97996. James W. Deaton, Petitioner v. Department of Agricul- ture. Petition for writ of certiorari to the United States Court of Ap- peals for the Federal Circuit denied. No. 97997. Howard Reiss, et ux., Petitioners v. Consolidated Edison Company of New York, Inc. Petition for writ of certiorari to the Appel- late Division, Supreme Court of New York, Third Judicial Depart- ment, denied. No. 971000. McDonnell Douglas Corporation, Petitioner v. Lonnie Stafford, et al.; and McDonnell Douglas Corporation, Petitioner v. Lacy Kirk Sykes, Jr. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971001. Geoffrey Waldau, Petitioner v. Michael S. Coughlin, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 971002. Nancy J. Kobrin, Petitioner v. University of Minnesota, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied. No. 971003. Kermit Franklin Isbell, Jr., Petitioner v. United States District Court for the District of Montana (Lonnie Herman, Real Party in Interest). Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971007. Harold Finn, aka Skip, Petitioner v. United States; No. 977036. Alfred Pemberton, Petitioner v. United States; and No. 977245. Daniel Brown, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 971009. John Knox Walkup, Attorney General of Tennessee, et al., Petitioners v. Board of Commissioners of Shelby County, et al. Peti-

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MONDAY, FEBRUARY 23, 1998 499 tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971010. Bell Brothers, et al., Petitioners v. Bank One, Lafa- yette, N.A., fka Purdue National Bank. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 971011. Jerrold Ziman, et ux., Petitioners v. New York and New York State Division of Housing and Community Renewal. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied. No. 971013. Florence O'Leary, Petitioner v. Roman Catholic Church of Sacramento, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971016. Richard C. Remus, Trustee for Superior Metal Shred- ders, Inc., Petitioner v. City of Kalamazoo. Petition for writ of certio- rari to the United States Court of Appeals for the Sixth Circuit denied. No. 971017. Karl M. Moulton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Armed Forces denied. No. 971019. Bridget O'Connor, Petitioner v. James Davis, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 971021. Louis Evangelista, Sr., and Claude Evangelista, Peti- tioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 971022. Albert Hale, etc., et al., Petitioners v. Ferrell Secakuku, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971026. Michael W. Bush, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Armed Forces denied. No. 971027. Matthew G. Cabral, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Armed Forces denied. No. 971029. Bryan Lee Lindgren, Petitioner v. Ricky Dale Ander- son. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 971030. LPP Claimants, Petitioner v. Continental Airlines; and No. 971036. Former Eastern Pilots Granted the Right to Substitute Counsel, Petitioners v. Continental Airlines. Petitions for writs of cer-

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500 MONDAY, FEBRUARY 23, 1998 tiorari to the United States Court of Appeals for the Third Circuit denied. No. 971031. Christopher A. Tsipouras, Petitioner v. Minnesota. Pe- tition for writ of certiorari to the Court of Appeals of Minnesota denied. No. 971034. Daniel E. Carpenter, Petitioner v. Donald M. Israel and Mark R. Taylor. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 971037. Vernon Leon Maxwell, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 971038. Evans Cooling Systems, Inc., et al., Petitioners v. Gen- eral Motors Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 971043. Vernon G. Johnson, Petitioner v. Baylor University. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971044. Earl Foreman, Petitioner v. Babcock & Wilcox Com- pany. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. No. 971045. Robert J. Galiette, Petitioner v. Connecticut. Petition for writ of certiorari to the Appellate Court of Connecticut denied. No. 971046. Paul M. McDonald, Petitioner v. St. Louis Southwest- ern Railroad. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 971047. United States, et al., Petitioners v. Valley Broadcasting Company, DBA KVBC (TV), Channel 13, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971049. John Lynn, Individually and as a Town of Clarkstown Police Officer, et al., Petitioners v. Ernesto Murphy. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 971050. James G. Witham, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Armed Forces denied. No. 971051. G. Wayne "Duke" Smith, et al., Petitioners v. Kevin L. Harris. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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MONDAY, FEBRUARY 23, 1998 501 No. 971059. Roger S. Sanderson, Petitioner v. Office of Personnel Management. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 971065. Barbara Martin, Petitioner v. United States, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971066. Super Young Industries, Petitioner v. Pacific Employ- ers Insurance Company, et al. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied. No. 971068. Larry D. Gass, et ux., Petitioners v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 971070. Westinghouse Electric Corporation, Petitioner v. John M. Ryder. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 971076. American Relocation Network International, Inc., Peti- tioner v. Wal-Mart Stores, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971077. Margaret Kirk, etc., Petitioner v. Delaware County Sheriff's Department, and David Booher. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971079. Leston Stallworth, Jr., Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied. No. 971081. Mike Pincher, Petitioner v. Rockwell International Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971082. Estate of James Phillips, III, et al., Petitioners v. City of Milwaukee, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 971084. Katherine George, Individually and as Next Friend and Natural Guardian of Michael, Karen, and Kevin George, Minors, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971085. Commerce Bank, N.A., Petitioner v. DiMaria Construc- tion, Inc. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied.

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502 MONDAY, FEBRUARY 23, 1998 No. 971086. Donald Milton Orand, et al., Petitioners v. James R. Adams, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971089. Dawn F. Munday, Petitioner v. Waste Management of North America, Incorporated, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 971090. National Union Fire Insurance Company and Restau- rant Enterprises Group, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971093. Stanton D. Shifman, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 971094. Michael F. Casey, Petitioner v. Florida. Petition for writ of certiorari to the Circuit Court of Florida, Palm Beach County, denied. No. 971097. Corner Pocket of Sioux Falls, Inc., et al., Petitioners v. Powerhouse Techologies, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 971102. Laura Cullen, Petitioner v. Betty Gibson, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971106. Wilton E. Heyliger, Petitioner v. State University and Community College System of Tennessee, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971108. Joseph V. Nash, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971111. Cory D. Chan, Petitioner v. Edward S. Wodnicki, etc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 971114. Keith Robert Lugo, Petitioner v. K. W. Prunty, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971120. Joan M. Canfield, Petitioner v. Van Atta Buick/GMC Truck, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

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MONDAY, FEBRUARY 23, 1998 503 No. 971122. Robin Smith, Petitioner v. Oregon State Bar. Petition for writ of certiorari to the Court of Appeals of Oregon denied. No. 971123. Roger Roots, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 971124. Kleinschmidt Inc., et al., Petitioners v. Cook County, Illinois, et al. Petition for writ of certiorari to the Appellate Court of Illinois, Second District, denied. No. 971126. Capital Communications Federal Credit Union, Peti- tioner v. Brian K. Boodrow. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 971129. Richard D. Green, Petitioner v. Gerber Products Com- pany. Petition for writ of certiorari to the United States Court of Ap- peals for the Federal Circuit denied. No. 971131. Vern Odell Crawford, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 971135. David R. Knoll, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 971136. Major Glenn Farrish, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 971143. In Re T. Carlton Richardson, Petitioner. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 971146. Jack Pribble, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 971154. Kerry D. Fritz, II, Petitioner v. Mari Bond, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 971156. Jo D. Molinary, Trustee of the Susan Pruitt Cloud Land Trust, Petitioner v. Powell Mountain Coal Company, Inc., dba Wax Coal Company. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 971162. Daryon Sharp, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

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504 MONDAY, FEBRUARY 23, 1998 No. 971166. Alan McCaskill, Petitioner v. Togo West, Secretary of the Army. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 971167. Leona Hudak Reiner, et al., Petitioners v. Peter J. Si- kora, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971169. Abdul Aziz, Petitioner v. Rodney E. Slater, Secretary of Transportation. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 971170. TT Telefilm, GmbH & Co., Petitioner v. The Movie Group, Inc., et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 971174. Robert L. Bigsby, Petitioner v. Marvin R. Runyon, Postmaster General, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971176. Fluor Corporation, etc., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 971185. Richard T. Strother, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 971215. Noel Fuentes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 971224. Richard L. Seltzer, Petitioner v. Commissioner of Inter- nal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 971225. Thomas Bruce Vest, aka T. Bruce Vest, dba Doctors Clinic, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 971227. Jose Luis Magallon and Gerardo Delgado-Garibay, Peti- tioners v. United States; and No. 977603. Robert Gonzales, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976220. Michael A. Whren, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

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MONDAY, FEBRUARY 23, 1998 505 No. 976382. Frank Jackson, Petitioner v. James V. Anderson, Superintendent, Mississippi State Penitentiary. Petition for writ of cer- tiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976457. Gregory Alan Morton, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976505. Michael D. Phipps, James R. Brown, and Rufus E. Brown, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 976518. Franklin Uzo Igbonwa, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976610. Joshua Daniel Bishop, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. No. 976641. Michael Lynn Peoples, Petitioner v. United States; and No. 976667. A. J. Green, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976669. Gregory Van Cleave, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied. No. 976689. James L. Noske, Petitioner v. United States; and No. 976781. Joan M. Noske, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976699. Abu Bakr, Petitioner v. Richard Johnson, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 976703. Edward Spreitzer, Petitioner v. Howard Peters, Direc- tor, Illinois Department of Corrections, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Seventh Circuit denied. No. 976706. John Jozaitis, Petitioner v. Fort Dearborn Life Insur- ance Company. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976750. Frank Atuahene, Petitioner v. New Jersey Department of Transportation. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

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506 MONDAY, FEBRUARY 23, 1998 No. 976760. Abdullah Seifuddin Shabazz, Petitioner v. Gary Gabry, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 976761. Charles Rector, Petitioner v. Gary L. Johnson, Direc- tor, Texas Department of Criminal Justice, Institutional Division. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976779. Betty Richardson Stafford, Petitioner v. Fulton- DeKalb Hospital Authority, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976783. Robert W. Brown, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 976806. Joe Clark Mitchell, Petitioner v. John Rees, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 976810. Richardo George Carey and Anthony Street, Petition- ers v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976858. Hilliard McCullough, III, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976908. Frank R. Sterbenz, Petitioner v. City of Ormond Beach, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. No. 976932. Ronnie Johnson, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 976933. John J. McCarthy, Petitioner v. Albert Ayers. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 976934. Howard L. Rieger, Petitioner v. North Dakota. Petition for writ of certiorari to the Supreme Court of North Dakota denied. No. 976940. Daniel Burns, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 976954. Andrew J. Johnson, Petitioner v. Nicholas G. Kalo- kathis. Petition for writ of certiorari to the Supreme Court of Wyo- ming denied.

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MONDAY, FEBRUARY 23, 1998 507 No. 976955. Dana Ivy, Petitioner v. Michael Bowersox, Superin- tendent, Potosi Correctional Center. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976964. Zitroy Lowe, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth District, denied. No. 976965. William Henry Jamerson, Petitioner v. Oklahoma. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Okla- homa denied. No. 976972. Pedro L. Gochicoa, Petitioner v. Gary L. Johnson, Di- rector, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976979. Barry J. Weatherspoon, Petitioner v. David Dormire, Superintendent, Jefferson City Correctional Center. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976980. Charles Young, Petitioner v. United States District Court for the Northern District of Texas. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976983. Christopher Edwards, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied. No. 976991. Mulade Sam Carson, Petitioner v. Director, Office of Workers' Compensation Programs, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 976994. Nathan Burgess, Petitioner v. United States, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976995. Alex Baah, Petitioner v. Board of Trustees of Califor- nia State University. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976997. Raymond Rochon, Petitioner v. Frank Blackburn, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977000. Cary Michael Lambrix, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied.

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508 MONDAY, FEBRUARY 23, 1998 No. 977001. Mack C. Wells, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied. No. 977009. David Johnson, Petitioner v. Donald T. Vaughn, Super- intendent, State Correctional Institution at Graterford, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 977010. Franklin L. Lord, Jr., Petitioner v. Marion D. Lord. Petition for writ of certiorari to the Appellate Court of Connecticut denied. No. 977011. Sherelle Latrice Murphy, Petitioner v. Oklahoma. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Okla- homa denied. No. 977014. Charles W. Blessing, Petitioner v. Maria E. Blessing. Petition for writ of certiorari to the Court of Appeals of Ohio, Ottawa County, denied. No. 977016. Ronald Dwayne Whitfield, Petitioner v. Texas; Ronald Dwayne Whitfield, Petitioner v. Texas; and Ronald Dwayne Whitfield, Petitioner v. Texas. Petition for writ of certiorari to the Court of Crimi- nal Appeals of Texas denied. No. 977017. Louis Raia, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 977018. Billie Leon Richmond, Petitioner v. Larry Embry, Superintendent, Fremont Correctional Facility. Petition for writ of cer- tiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 977019. Robert Wayne Parker, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied. No. 977021. Emilia Guadagno, Petitioner v. Wallack Ader Levithan Associates. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 977023. John Doe, Petitioner v. George E. Pataki, Governor of New York, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 977025. Gary C. Gilmour, Petitioner v. Rusty Rogerson, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 977026. Lee Corbett Erwin, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Third Appel- late District, denied.

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MONDAY, FEBRUARY 23, 1998 509 No. 977040. Keith A. Williams, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appel- late District, denied. No. 977044. Michael Bell, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 977047. Kimberly Lane, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied. No. 977048. Vincent Lomax, Petitioner v. United States District Court for the Western District of Missouri. Petition for writ of certio- rari to the United States Court of Appeals for the Eighth Circuit denied. No. 977053. Paul Allan Larson, Petitioner v. Court of Criminal Ap- peals of Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 977054. Kim Smith, Petitioner v. Officer Wolf, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 977059. Gerald Mastracchio, Petitioner v. George A. Vose, Jr., Director, Rhode Island Department of Corrections. Petition for writ of certiorari to the Supreme Court of Rhode Island denied. No. 977062. Keith Randall Lawrence, Petitioner v. Harry K. Single- tary, Jr., Secretary, Florida Department of Corrections. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 977068. Arthur Heim, Petitioner v. Nebraska, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 977071. Alfredo G. Hualde-Redin, Petitioner v. Royal Bank of Puerto Rico, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 977072. Roberto Rodriguez, Petitioner v. John R. O'Keefe, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied. No. 977075. Joseph Richardson, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 977076. Julian Arthur Randall, Jr., Petitioner v. Gary L. John- son, Director, Texas Department of Criminal Justice, Institutional Di- vision. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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510 MONDAY, FEBRUARY 23, 1998 No. 977079. David L. Hishaw, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. No. 977081. Solomon Ham, Petitioner v. William J. Snider. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 977083. Travers Arthur Greene, Petitioner v. E. K. McDaniel, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977084. Charles Diggs, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadelphia Office, denied. No. 977085. Norris Hicks, Petitioner v. Allan B. Polunsky, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977087. William Earl Footman, Petitioner v. Harry K. Single- tary, Jr., Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 977088. Henry L. Phillips, Petitioner v. Hershel W. Gober, Act- ing Secretary of Veterans Affairs. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 977091. Jose Ramon Fontes, Petitioner v. United States District Court for the Central District of California, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977092. Elisha Gilbert, Petitioner v. R. Collier, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977097. William G. Hamilton, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. No. 977098. Mark L. Edwards, Petitioner v. City of Manchester, New Hampshire, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 977106. Richard Young, Petitioner v. William Murray, et al. Petition for writ of certiorari to the Commonwealth Court of Pennsyl- vania denied. No. 977108. Michael J. Isreal, Petitioner v. Charles Marshall, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

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MONDAY, FEBRUARY 23, 1998 511 No. 977110. Robert Allen Gattis, Petitioner v. Delaware. Petition for writ of certiorari to the Supreme Court of Delaware denied. No. 977112. Larry Darnell Sims, Petitioner v. Detective Amundson, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied. No. 977113. Richard Fabian, Petitioner v. Alex Justo, et al. Petition for writ of certiorari to the District Court of Appeal of Florida, Third District, denied. No. 977114. Linda M. Dixon, Petitioner v. Marion Police Depart- ment, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 977115. Jerry Duane Hammon, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. No. 977124. Steven A. Thompson, Petitioner v. John Nagle, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977127. Richard Gonzales Samayoa, Petitioner v. California. Pe- tition for writ of certiorari to the Supreme Court of California denied. No. 977128. La Verne C. Simmons, Petitioner v. Steve E. Mefford, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 977130. William L. Stewart, Petitioner v. B. Hoffman, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977133. Clyde Wesley Stringer, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Second District, denied. No. 977139. Kenneth Neal, Petitioner v. North Carolina. Petition for writ of certiorari to the Supreme Court of North Carolina denied. No. 977141. John T. Johnson, Petitioner v. Edward Rendell, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 977142. Adrian Zawodniak, Petitioner v. Arkansas. Petition for writ of certiorari to the Supreme Court of Arkansas denied. No. 977143. Barney Gerald Timmons, Petitioner v. Ernest C. Roe, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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512 MONDAY, FEBRUARY 23, 1998 No. 977144. Allen R. Turk, Petitioner v. Theo White, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977145. Alice Tamez, Petitioner v. City of San Marcos, Texas, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. No. 977147. Elease Bradford, Petitioner v. Louisiana State Univer- sity Medical Center, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977149. Thomas Payne Brown, Petitioner v. Virginia. Petition for writ of certiorari to the Court of Appeals of Virginia denied. No. 977151. Randall R. Lewis, Petitioner v. Hershel W. Gober, Act- ing Secretary of Veterans Affairs. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 977152. Charles Iseley, Petitioner v. Pennsylvania Department of Corrections, et al. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Middle District, denied. No. 977158. Russell Holden, Jr., Petitioner v. North Carolina. Peti- tion for writ of certiorari to the Supreme Court of North Carolina denied. No. 977167. Wilmer Sedivy, Petitioner v. Nebraska. Petition for writ of certiorari to the Court of Appeals of Nebraska denied. No. 977168. Glenn Smith, Petitioner v. Sgt. Davidson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977169. Robert McDonald, Petitioner v. Joseph F. Mazurkie- wicz, Superintendent, State Correctional Institution at Rockview, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 977172. James Lockhart, Petitioner v. Municipal Court of Ta- coma, Washington, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977174. Duane Eugene Owen, Petitioner v. Richard P. Wille, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977175. Ronald Branson, Petitioner v. Kevil W. Martin, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

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MONDAY, FEBRUARY 23, 1998 513 No. 977176. R. L. Bryant, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977177. Virgie L. Richards, Petitioner v. Illinois Human Rights Commission, et al. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 977178. Gary W. Sprunk, Petitioner v. Alex Rowe, et al. Peti- tion for writ of certiorari to the Court of Appeals of Arizona, Division One, denied. No. 977181. Abdul W. Amiri, Petitioner v. Rolex Watch U.S.A., Inc. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 977182. Michael Forrest Calhoun, Petitioner v. Oregon. Petition for writ of certiorari to the Court of Appeals of Oregon denied. No. 977183. Rey David Vargas, Petitioner v. Walter S. Ray, Chair- man, Georgia Board of Pardons and Paroles, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977184. Floyd E. Cross, Petitioner v. City of Columbia, Mis- souri, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 977185. James Conyers, Jr., Petitioner v. Los Angeles Police Department. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 977186. Joseph Curiale, Petitioner v. Jan Graham, Attorney General of Utah, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 977188. Eddie Wayne Davis, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 977189. Randolph Dale, Petitioner v. Superior Court of Califor- nia, San Luis Obispo County; and Randolph Dale, Petitioner v. Superior Court of California, San Luis Obispo County. Petition for writ of certio- rari to the Court of Appeal of California, Second Appellate District, denied. No. 977190. Karen Dombrowski, Petitioner v. City of New York, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

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514 MONDAY, FEBRUARY 23, 1998 No. 977192. David Charles Gibbs, Petitioner v. Carl S. Anderson, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 977194. Patricia L. Baade, Petitioner v. Columbia Hospital for Women, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 977195. John Scott Hartline, Petitioner v. Pima County Sher- iff's Department, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977196. Robert Lee Givens, Petitioner v. Ernie Roe, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 977197. John Henry Callahan, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, First Appel- late District, denied. No. 977198. James Brown, Petitioner v. Christopher Artuz, Super- intendent, Green Haven Correctional Facility. Petition for writ of cer- tiorari to the United States Court of Appeals for the Second Circuit denied. No. 977199. Diane Gail Stretton, Petitioner v. Lawrence S. Ross, et al. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. No. 977206. Emory Alvin Michau, Jr., Petitioner v. Archie Lee, et al.; and Emory Alvin Michau, Jr., Petitioner v. Robert W. Kinard, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977208. Harold E. McCoy, Petitioner v. Craig A. Hanks, Super- intendent, Wabash Valley Correctional Facility. Petition for writ of cer- tiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 977210. Danny L. Palmer, Petitioner v. Stephen Bell, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 977212. Abdul K. Kamara, Petitioner v. Immigration and Natu- ralization Service. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977214. Adremy Dennis, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied.

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MONDAY, FEBRUARY 23, 1998 515 No. 977215. Marice Daniel Reed, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 977220. Olaf T. Palm, Petitioner v. City of Littleton, Colorado. Petition for writ of certiorari to the Court of Appeals of Colorado denied. No. 977223. Delma C. Phagan, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. No. 977224. Roosevelt C. Bentley, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied. No. 977225. Ruchell C. Magee, Petitioner v. California. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977228. Sherlyn L. Konstantopoulos and Dimos Konstanto- poulos, Petitioners v. Wesvaco Corporation. Petition for writ of certio- rari to the United States Court of Appeals for the Third Circuit denied. No. 977229. Mitchell Feller, Petitioner v. Gerald Hofbauer, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 977235. Jack R. Sliney, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 977238. Joseph Owens, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 977239. David L. Whitehead, Petitioner v. George Tenet, Direc- tor of Central Intelligence. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 977240. Gary Chad Thomason, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. No. 977243. John Thomas Bagley, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977246. Vincent Terio, Petitioner v. Violet Terio. Petition for writ of certiorari to the Court of Appeals of New York denied. No. 977247. Noah L. Wright, Petitioner v. Fred McAninch, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

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516 MONDAY, FEBRUARY 23, 1998 No. 977254. Adelyn Hess and Glenn Hess, Petitioners v. Gerald D. Schluntz. Petition for writ of certiorari to the Court of Appeals of Nebraska denied. No. 977255. Judy Fannin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 977256. Gregory A. White, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977260. Wilburn A. Henderson, Petitioner v. Larry Norris, Di- rector, Arkansas Department of Correction. Petition for writ of certio- rari to the United States Court of Appeals for the Eighth Circuit denied. No. 977262. Willie Simmons, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. No. 977263. Willie Simmons, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. No. 977268. Robert E. Menke, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977269. Jose Santos-Lopez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977270. James Royal, Petitioner v. James F. Barbo, Administra- tor, Northern State Prison, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 977271. William Soto, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 977272. Joseph Reade Powell, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977274. Kewin King, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 977277. Johnny Mack Brown, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

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MONDAY, FEBRUARY 23, 1998 517 No. 977279. Andrew Lyons, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. No. 977280. Martha L. Nelson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977281. Mark Wayne Helton, Sr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977282. Lamont Gentry Falls, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 977284. Jose Jacobo Amaya-Ruiz, Petitioner v. Terry L. Stew- art, Director, Arizona Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977285. Norman Weir, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 977286. James Conyers, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 977289. Corwin Tyrell Woodson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977290. Roger E. A. Taylor, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977291. Paul Burton Jones, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977292. Reginald Watson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 977294. Christopher Hall, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977295. Cheryl Howard, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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518 MONDAY, FEBRUARY 23, 1998 No. 977296. Enrique Gonzales, Sr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977297. Bekri Mohammad Nuru, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977299. Gilbert Rangel Losoya, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977301. Nancy Wright Dorsey, Petitioner v. Rutherford County, North Carolina, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977302. Manuel Soto, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 977305. Rickie Levon Smith, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977306. Luis Pinto, Petitioner v. James Stinson, Superintend- ent, Great Meadow Correctional Facility, et al. Petition for writ of cer- tiorari to the United States Court of Appeals for the Second Circuit denied. No. 977307. Otundi Odanuyi, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 977308. Abraham Weintraub, Petitioner v. Kenneth S. Apfel, Commissioner of Social Security. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 977309. Marvin D. Tabron, Petitioner v. Jeff Hood, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977312. James Lee Leisinger, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 977313. Allison O'dneal, Petitioner v. Raymond Roberts, Super- intendent, Mississippi State Penitentiary, et al. Petition for writ of cer- tiorari to the United States Court of Appeals for the Fifth Circuit denied.

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MONDAY, FEBRUARY 23, 1998 519 No. 977314. Regulo Zambrano, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 977315. Antonio Winbush, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 977316. Robert Wilson, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Second District, denied. No. 977317. Karl Stehlin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 977321. Rico Lamont Spurlock, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977322. Roeles Ortiz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 977323. David Sommers, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied. No. 977324. Moises Quilca-Carpo, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977325. Luno Ray Schifflet, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 977326. David Morrison, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 977328. James Leroy Kemmish, Petitioner v. United States; and James Leroy Kemmish, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Cir- cuit denied. No. 977329. Michael Georges Keselica v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 977330. Dennis Lovelace, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

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520 MONDAY, FEBRUARY 23, 1998 No. 977335. Daniel Tilli, Petitioner v. Joseph Smith, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 977336. Edward Richard Newton, Petitioner v. Ladon Moten. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 977341. John Daniel Ritz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 977343. Bruce C. Pompey, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 977344. Adolfo Irene Alvarez Sotopaz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977345. Julius Simon, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 977346. Joann Baggett, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977349. Charles B. Sanders, Jr., Petitioner v. Delaware. Petition for writ of certiorari to the Supreme Court of Delaware denied. No. 977352. Juan Calderon-Hernandez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977355. Riccardo Edoardo Artero, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977356. Richard Nelson Corrow, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 977357. Wilbur D. Wilkinson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 977359. Antonio Levowe Clark, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

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MONDAY, FEBRUARY 23, 1998 521 No. 977361. Joel Amos Mitchell, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977367. Sigfried Noa, aka Oro, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977371. Derrick A. Hoover, Petitioner v. Arthur Leonardo, Superintendent, Great Meadow Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 977372. Jesse Manuel Dumbrique, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977374. Robert Flanagan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 977375. Jose Manuel Gomez-Pelayo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977376. Michael Hilton, Petitioner v. Connecticut. Petition for writ of certiorari to the Appellate Court of Connecticut denied. No. 977377. Brian Ferguson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 977378. Eugene H. Hewlett, Petitioner v. Thomas W. Corbett, Jr., Attorney General of Pennsylvania, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Third Circuit denied. No. 977380. Jesus Maria Fernandez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977381. Juan Carlos Fuentes, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977383. Frank M. Gaster, Petitioner v. Bernard McKie, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. No. 977392. Phillip Stokes, Petitioner v. James V. Anderson, Super- intendent, Mississippi State Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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522 MONDAY, FEBRUARY 23, 1998 No. 977396. Willie Bethea, Petitioner v. Christopher Artuz, Super- intendent, Green Haven Correctional Facility. Petition for writ of cer- tiorari to the United States Court of Appeals for the Second Circuit denied. No. 977397. Marcus Canady, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 977400. Curtis West, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 977403. Michael Jonathan Booze, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 977406. Paul Marino, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 977407. Hipocrate Naveo-Morcello, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 977408. Christina A. Martin, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 977409. Donald Todd, Petitioner v. Kathleen M. Hawk, Direc- tor, Federal Bureau of Prisons, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977413. Henry David Hernandez, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 977414. William D. Golden, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977415. Jose Gutierrez-Moran, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 977416. David Lee Edds, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977419. Warren Charles Gregory, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

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MONDAY, FEBRUARY 23, 1998 523 No. 977423. Alphonso Moore, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 977424. Albert Jackson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 977425. Sotero Ramos-Oseguera, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977428. Wendell Flowers, Petitioner v. North Carolina. Petition for writ of certiorari to the Supreme Court of North Carolina denied. No. 977433. Anthony Leo Stutson, Petitioner v. United States; and Anthony Leo Stutson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977436. Jonathan M. Conard, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 977437. Gary Wayne Blagoue, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977438. Tony B. Marks, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 977439. Chi-Cheong Li, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 977440. Harry Glenn Jones, Petitioner v. Joseph J. Bernstein. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 977442. Evelyn Lherisson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 977443. Benjamin Lampkin, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977444. Kenneth G. Montgomery, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

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524 MONDAY, FEBRUARY 23, 1998 No. 977445. Michael Johnson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 977446. James Wiley Nichols, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977447. James Robinson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977449. Darrell L. Ricks, Petitioner v. F. Thomas, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977450. Thomas Louis Smykalski, Petitioner v. Lou Stender, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 977453. Rene Babilonia, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977454. Thomas James Kelsey, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977455. Richard Tony Robertson, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 977456. Michael C. Barry, Petitioner v. Bergen County Proba- tion Department, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 977460. Richard E. Scott, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 977461. Avel Rincon, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977462. Codell Chavis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977463. Edward William Blum, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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MONDAY, FEBRUARY 23, 1998 525 No. 977464. James Patrick Beamon, Petitioner v. Maryland. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977466. Sandra D. Sweet, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977468. Vernoil Cantley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 977469. Raoul Barry Clymer, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 977471. Frank R. Whitaker, aka Gator, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 977473. Edward Lopez, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977477. Cecilia Lampley, Petitioner v. United States; and No. 977554. Willie Ray Lampley, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 977481. Joseph G. Abbondanzo, Petitioner v. Automatic Switch Company. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 977486. Rosemary Ann Mayo, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977490. Angela Bowers, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 977491. James Otis Cater, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977494. Phill Gross, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 977495. Jaime Gonzalez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

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526 MONDAY, FEBRUARY 23, 1998 No. 977496. Lloyd Gamble, aka L-Mac, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977497. Oliver Pilgrim Hinds, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977498. John Doe, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Cir- cuit denied. No. 977501. Erika Franco-Ramirez, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977502. Thomas Pellegrino, Petitioner v. South Dakota, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 977503. John Doe #1, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 977507. Johnaton Sampson George, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977516. Donald J. Strable, Petitioner v. South Carolina Depart- ment of Justice. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977517. Michael A. Barner, Petitioner v. Dennis L. Benson, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 977523. Donnie Lamont Blount, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977524. Sonya U. Cass, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 977525. Matthew Thompson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 977527. David Slaughter, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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MONDAY, FEBRUARY 23, 1998 527 No. 977528. Vatchagan Petrosian, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977530. Richard Olivieri, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 977538. Larry Joseph, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977539. Michael Joseph Noil, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977540. Jose Loza-Romero, Petitioner v. United States; and No. 977622. Ruben Contreras Rodriguez, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977545. Sherry Lynn Armstrong, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977546. Ronald A. X. Stokes, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 977548. Michael Lee Sparks, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977549. Bobby J. Love, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 977550. Antonio Meza, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 977551. David Darnell Neal, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977555. Carlos Tobon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

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528 MONDAY, FEBRUARY 23, 1998 No. 977556. Donald White, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 977557. Marilyn Naidas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 977559. Jorge Alberto Silva, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977563. Robert Dwayne Scott, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977564. Pedro Ortiz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 977566. Anthony W. Robinson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977567. Terry Lee Owens, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977575. Ramiro Magana, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 977579. Naron K. Celestine, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977580. Tariq A-R Y, Petitioner v. Maryland. Petition for writ of certiorari to the Court of Appeals of Maryland denied. No. 977581. Inez Valles, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977586. Glen H. James, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

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MONDAY, FEBRUARY 23, 1998 529 No. 977592. Mary Doyle Watkinson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977593. Peter E. Tarbox, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 977596. Lewis A. Larsen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 977598. Lamont Netter, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 977599. Tyheim Little, aka Israel, aka Is, aka Duane Franklin, and Trevor Little, aka Tragedy, aka Trag, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977600. Thomas Edward Haley, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977602. Everett Kyle Hall, aka Eric, aka Shorty, Roy Lee Hall, and Randall Joe Hall, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 977607. Jesse Roland Flores, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977610. William G. Haake, Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 977612. Thong Vang, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 977618. Nathan J. (Juvenile), Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 977619. Terrance Dominique King, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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530 MONDAY, FEBRUARY 23, 1998 No. 977620. Matthew W. Lockridge, Petitioner v. United States Postal Service. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 977621. Dwight Collins, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 977623. John G. Westine, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 977624. Tom Nathaniel Walker, II, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 977625. Curtis Lee Watson, Petitioner v. United States. Peti- tion for writ of certiorari to the District of Columbia Court of Ap- peals denied. No. 977627. Jose Louis Pecina, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977628. Charles E. McGill, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 977631. Jeffrey Dennard McNeair, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977632. Jorge Gustavo Martinez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977636. Ernesto Rodriguez-Vasquez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977637. Steven J. Smith, aka Steve, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977639. Salvatore Dominic Piccolo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 977640. Wilma Earlene Bush, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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MONDAY, FEBRUARY 23, 1998 531 No. 977643. Clifford Jay Ballam, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977645. Glenn Robert Barrett, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977651. James Melvin Smith, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 977653. Ronald Lee Dewbre, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977665. Milton Palma Ruedas, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 977666. Robert Donnell Parks, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977668. Yahaira Onofre-Segarra, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977674. Harvard P. Watkins, Petitioner v. Kenneth Morgan, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 977676. Wayne Thomas Wagner, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97650. Dallas Morning News, Petitioner v. United States, Timo- thy James McVeigh, and Terry Lynn Nichols. Motion of respondent Terry L. Nichols for leave to proceed in forma pauperis granted. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 97745. Kenneth P. Choina, Sr., Petitioner v. E. I. du Pont de Nemours and Company. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition. No. 97905. Manuel Galvao, Petitioner v. Gillette Company. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. Justice Breyer took no part in the consideration or decision of this petition.

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532 MONDAY, FEBRUARY 23, 1998 No. 976993. Robert C. Craig, Jr., Petitioner v. Tom C. Martin. Peti- tion for writ of certiorari before judgment to the United States Court of Appeals for the Tenth Circuit denied. No. 977521. Lesley Lee Gosch, Petitioner v. Gary L. Johnson, Direc- tor, Texas Department of Criminal Justice, Institutional Division. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Statement by Justice Souter, with whom Justice Stevens, Justice Ginsburg, and Justice Breyer join.

Habeas Corpus Denied

No. 976544. In Re Darnell Bates, Petitioner; No. 976557. In Re Carnell Bates, Petitioner; No. 976862. In Re Joseph Edward Rowe, Petitioner; No. 977276. In Re Carnell Bates, Petitioner; No. 977611. In Re Bradley Follett, Petitioner; No. 977671. In Re Roy Easterwood, Petitioner; and No. 977691. In Re William Cosselmon, III, Petitioner. Petitions for writs of habeas corpus denied.

Mandamus Denied

No. 971199. In Re Harry Ronald Rice, Petitioner; No. 977029. In Re Kent Return Holcomb, Petitioner; No. 977165. In Re Tristrim Robert Harkless, Petitioner; No. 977257. In Re Ronald Dwayne Whitfield, Petitioner; and No. 977311. In Re Marilyn Lane, Petitioner. Petitions for writs of mandamus denied. No. 97983. In Re Deborah Sever, Petitioner; No. 971053. In Re Marc Perkel, Petitioner; No. 977074. In Re Chinyere Okereke, Petitioner; No. 977125. In Re Darnell Bates, Petitioner; No. 977244. In Re Carnell Bates, Petitioner; and No. 977334. In Re Jack Wade Warren, Petitioner. Petitions for writs of mandamus and/or prohibition denied.

Rehearings Denied

No. 961987. Nippon Paper Industries Co., Ltd., Petitioner v. United States; No. 968341. Percy E. Cooksey, III, Petitioner v. Michael Bowersox, Superintendent, Potosi Correctional Center;

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MONDAY, FEBRUARY 23, 1998 533 No. 9739. Ivan M. Naumov, Petitioner v. University of Pittsburgh; No. 97515. Christopher A. Tsipouras, Petitioner v. Meshbesher, Bir- rell & Dunlap, Ltd., et al.; No. 97588. Ira Van Harris, Petitioner v. New Jersey; No. 975242. In Re Sidney J. Clark, Jr., Petitioner; No. 975243. In Re Sidney J. Clark, Jr., Petitioner; No. 975244. In Re Sidney J. Clark, Jr., Petitioner; No. 975282. Willie James Polley, Petitioner v. United States; No. 975351. Ricardo Borroto, Petitioner v. United States; No. 975621. Samuel E. Slagel, Petitioner v. Shell Petroleum, Inc., et al.; No. 975841. Evelyn Jackson, Petitioner v. Johnnie Johnson, et al.; No. 976000. Donald J. Strable, Petitioner v. South Carolina; No. 976070. James Connelly, Petitioner v. Borough of Forest Hills, Pennsylvania; No. 976117. Tony Mathis, Petitioner v. Angelo Ciambrone, et al.; No. 976136. Dale A. Carrasquillo, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division; No. 976278. J. W. McKellip, Petitioner v. Sorrell, Anderson, Lehr- man, Wanner and Thomas, et al.; No. 976306. Dennis Guy Erdman, Petitioner v. Henry N. Grayson, Warden; No. 976372. In Re Melvin Leroy Tyler and Cornelius Dodson, Petitioners; No. 976415. Patricia Cosgrove, Petitioner v. Sears, Roebuck and Company; No. 976620. Joyceline Swain, Petitioner v. Detroit Board of Educa- tion, et al.; No. 976738. George E. McDermott, Petitioner v. Kansas Associ- ates, Inc.; No. 976832. Delbert H. Reidt, Petitioner v. United States Court of Appeals for the Ninth Circuit; and No. 977035. Daniel J. Waletzki, Petitioner v. United States. Peti- tions for rehearing denied. No. 97718. Richard Gonzales Reynolds, etc., Petitioner v. United States. Motion of petitioner for leave to proceed further herein in forma pauperis granted. Petition for rehearing denied. No. 976389. Kathryn Lorraine Gerwig, Petitioner v. Jan B. New- man, et al. Motion for leave to file a petition for rehearing denied.

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534 MONDAY, FEBRUARY 23, 1998 Attorney Discipline

No. D1571. In the Matter of Michael A. Peck. Due to mistaken identity, orders entered June 29, 1995, and October 2, 1995, are vacated. No. D1852. In the Matter of Disbarment of Lawrence R. Greene. Disbarment order entered. No. D1857. In the Matter of Disbarment of Nelson Christensen. Disbarment order entered. No. D1864. In the Matter of Disbarment of Peter V. Solber. Disbar- ment order entered. No. D1873. In the Matter of Disbarment of John E. Grzybek. Dis- barment order entered. No. D1877. In the Matter of Disbarment of Steven E. Pollan. Dis- barment order entered. No. D1881. In the Matter of Disbarment of Michael R. Dice. Disbar- ment order entered. No. D1882. In the Matter of Disbarment of John F. Papsidero. Dis- barment order entered. No. D1886. In the Matter of Disbarment of Michael A. Pollack. Disbarment order entered. No. D1887. In the Matter of Disbarment of Earl Ray Andrews. Disbarment order entered. No. D1890. In the Matter of Paul A. Stern. Paul A. Stern, of Chi- cago, Illinois, 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 the practice of law before this Court. The Rule to Show Cause, issued on December 15, 1997, is discharged. No. D1893. In the Matter of Paul W. Calhoun, Jr. Paul W. Calhoun, Jr., of Vidalia, Georgia, 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 the practice of law before this Court. The Rule to Show Cause, issued on January 12, 1998, is discharged. No. D1900. In the Matter of Disbarment of Alfonso Barrera, Jr. Motion to defer consideration denied. Disbarment order entered. No. D1909. In the Matter of Disbarment of Jeff Bernstein. Jeff Bernstein, of Flushing, New York, is suspended from the practice of

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MONDAY, FEBRUARY 23, 1998 535 law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1910. In the Matter of Disbarment of Gwen G. Caranchini. Gwen G. Caranchini, of Kansas City, Missouri, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring her to show cause why she should not be disbarred from the practice of law in this Court. No. D1911. In the Matter of Disbarment of Sandra K. Houston. Sandra K. Houston, of Fort Worth, Texas, is suspended from the prac- tice of law in this Court, and a rule will issue, returnable within 40 days, requiring her to show cause why she should not be disbarred from the practice of law in this Court. No. D1912. In the Matter of Disbarment of Kevin Guy Gupton. Kevin Guy Gupton, of Sacramento, California, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1913. In the Matter of Disbarment of Warren Edward Shel- drake. Warren Edward Sheldrake, of Irvington, New York, is sus- pended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1914. In the Matter of Disbarment of Norman Keith Gurstel. Norman Keith Gurstel, of Minneapolis, Minnesota, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1915. In the Matter of Disbarment of Peter C. Speers, III. Peter C. Speers, III, of The Woodlands, Texas, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1916. In the Matter of Disbarment of Ronald Kent Campbell. Ronald Kent Campbell, of Raleigh, North Carolina, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

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536 MONDAY, FEBRUARY 23, 1998

Admissions to the Bar on Written Motions Applicant City and State Movant

Regina Abrams Bowling Green, David W. KY Anderson Gary A. Adler New York, NY Jiro Murase Anita Marie Alessandra Dallas, TX William O. Ashcraft Philip Dana Althouse Cleveland, OH James A. Levin L. LaMont Anderson Boise, ID Myrna Anne Itzen Stahman Eric J. Antoine Rosebud, SD Terry L. Pechota James P. Baker Springfield, IL Mary Lee Cullen Leahy C. Daniel Barrett Winston-Salem, Donald M. Von NC Cannon Timothy J. Bartzos Englewood Cliffs, Dennis Allan NJ Maycher Samuel F. Baxter Dallas, TX Mike McKool, Jr. Patrick James Bell Annapolis, MD Frank Joseph Ragione Richard M. Bendix, Jr. Chicago, IL Malcolm M. Gaynor Andrea L. Berlowe Cranford, NJ William M. Cohen Jill S. Bilanchone Fort Lauderdale, Michael Ross FL Piper Robert L. Blum Mount Pleasant, David R. Gold PA Brent David Boger Bellevue, WA John Maurice Groen Gail E. Boliver Marshalltown, IA James C. Ellefson Sanford J. Boxerman St. Louis, MO David Victor Capes Eric M. Braun Raleigh, NC Jeffrey P. Gray Edmund Kenneth Brehl Sacramento, CA Talmadge Richard Jones Vicki A. Breman Washington, DC Michael J. Gippert Thomas Benton Brown San Rafael, CA Manuela Albuquerque

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MONDAY, FEBRUARY 23, 1998 537

Applicant City and State Movant Jay Ward Brown Washington, DC Michael Dennis Sullivan Daniel Bruner Washington, DC David M. Friedland William Miles Burd Santa Ana, CA Richard W. Millar, Jr. John V. Byl Grand Rapids, MI Robert James Jonker Kenneth P. Carlson, Jr. Winston-Salem, Donald M. Von NC Cannon Robert Cerceo Las Vegas, NV Thomas Duncan Beatty, III Eve Hedy Cervantez San Francisco, CA Donald Specter William Nicholas Charouhis Miami, FL William R. Clayton Julia Ryan Christ Fairfield, CT Owen B. Walsh Susan Layne Christenberry Knoxville, TN Judge Giles Sutherland Rich Philip Kang Chung Mclean, VA Arthur D. McKey Brian Edward Clemmons Raleigh, NC Walter E. Brock, Jr. Rebecca Kendrick Raleigh, NC Barry Steven Cleveland McNeill Stuart W. Cobb Georgetown, KY Robert Vaughan Bullock Cindy Ann Cohn San Mateo, CA James R. Wheaton Richard T. Cole Ellensburg, WA Robert L. Fraser Daniel A. Conti, Jr. Hempstead, NY Thomas F. Liotti Bruce D. Corker Seattle, WA J. David Andrews Melton L. Crawford Seattle, WA Harold Hawthorne Green John Henry Cunha, Jr. Boston, MA Caroline Bigler Playter Scott P. Curtis Boston, MA Lois Judith Martin Dana Hefter Davis Raleigh, NC John Nicholas Fountain

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538 MONDAY, FEBRUARY 23, 1998

Applicant City and State Movant Gregory Alan Davis Chesapeake, VA Bruce Eli Mosbacher Stephen C. Debboli Chicago, IL Claudia Ann Halloran Mark Patrick Dikeman Miami, FL Eugene E. Stearns Breaden Marshall Douthett Cleveland, OH George W. Rooney, Jr. Mark R. Drozdowski Los Angeles, CA Mark J. Spooner Deborah A. Dwyer Seattle, WA William L. Dwyer Richard Reese Elledge Chicago, IL Timothy M. Biddle Kay Elizabeth Ellington Dallas, TX Dorothy Prengler Richard W. Engel, Jr. St. Louis, MO Byron Edward Francis Joseph Henry Enos Duncan, OK Bill J. Bruce Robert H. Etnyre, Jr. Houston, TX Gus August Schill, Jr. Jeffrey G. Fancher Olympia, WA Jeremy Richard Randolph Helena Foret Faulkner Fort Worth, TX Tim Curry Aeryn Seltzer Fenton Philadelphia, PA Robert E. Welsh, Jr. Kevin D. Fitzpatrick, Jr. Atlanta, GA Jerry D. Anker Laura M. Flegel Washington, DC Kevin M. Cathcart James Patrick Flowers Marianna, AR Robert Joseph Donovan Ethan David Fogel Philadelphia, PA Steven B. Feirson Margery Sinder Friedman Washington, DC Peter Buscemi Michael Cameron Friedman Washington, DC Vincent John Colatriano David G. Frolio Washington, DC Michael K. Kellogg Irene H. Gainer Springfield, IL Thomas H. Wilson Kirkland W. Garey Grosse Pointe, MI Thomas J. Tallerico David J. Gass Grand Rapids, MI Jon Griffith March Susan Beth Gerson Washington, DC Robert John Smith David Fredric Glassman Los Angeles, CA Donald Eugene DeNicola Edward M. Gleason, Jr. Washington, DC John R. Mooney David J. Goldstein Minneapolis, MN Jerry W. Snider

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MONDAY, FEBRUARY 23, 1998 539

Applicant City and State Movant Kimberly D. Goodman Cambridge, MA John Livingston Kerr Tamara Farris Gordon Fort Worth, TX Thomas L. Farris Jonathan Mark Grossman Rockville, MD Robert Smith Bourbon Thomas A. Grue Malone, NY Joseph P. Nichols Diana L. Gustin Norris, TN Robert Wayne Ritchie Susan B. Gyss Jersey City, NJ Edward J. DeFazio Michael Bruce Hague Coeur d'Alene, ID Peter Charles Erbland Jennifer Jordan Hall Louisville, KY Danny Julian Boggs Linda Suzanna Harang New Orleans, LA Stephen B. Murray Jimmy Hardy Atlanta, GA Paul Stephen Kish John R. Hargrave Wewoka, OK Randy Dean Witzke Charles Livingston Des Moines, IA Hedo M. Zacherle Harrington Robert J. Harris Chicago, IL Steven G. M. Stein Valerie A. Hawkins Hempstead, NY Leonard Stanley Clark Rose Marie Heim Columbia, MO William D. Rotts Charles Dewayne Henson Denver, CO Richard Paul Slivka Lisa Herskowitz Hebron, CT Susan C. Marks Alan R. Herson Medford, OR Kenneth Ray Barr William W. Hinkle Portland, IN Lon R. Racster Michael E. Hooper Wheeling, WV John Francis Hooper, III James Louis Hordern, Jr. Houston, TX Andrew S. Hanen Victoria Elaine Houck Washington, DC Robert D. Manfred, Jr. Andrew Chapman Hruska New York, NY John L. Warden Richard J. Hymel Lafayette, LA Charles A. Mouton Philip A. Ignelzi Pittsburgh, PA Samuel John Cordes Wayne Stewart Jacobsen Newport Beach, James V. Selna CA

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540 MONDAY, FEBRUARY 23, 1998

Applicant City and State Movant Douglas Emry Jensen Chehalis, WA Jeremy Richard Randolph Matthew Edwin Johnson Minneapolis, MN David Rasmussen Hansen Robert Shepherd Jones Frankfort, KY Robert Vaughan Bullock Janie Lynn Jordan Houston, TX Richard Warren Mithoff, Jr. Joseph Kattan Washington, DC Thomas G. Hungar Rose Alyssa Keagy Dallas, TX Jay C. Johnson Terrence J. P. Kearney La Jolla, CA Norman Hazlett Beamer Robert Ray Keeling Sacramento, CA Jack Terry Molodanof Dennis H. Keller Auburn, CA Sandra L. Sava Stephen Charles Kelly Saint Paul, MN Patrick J. Kelly Charles M. Kester Fayetteville, AR James G. Lingle Darold W. Killmer Denver, CO Robert James Bruce Laurence Edward Komp Columbus, OH John Joseph Bodine, Jr. Irwin Raphael Kramer Baltimore, MD Byron L. Warnken Tracy A. Labin Boulder, CO Kim Jerome Gottschalk Jeffrey Mark Landau Miami, FL Lee Douglas Mackson Bjorn Lange Concord, NH James Edward Duggan Nancy Kathleen Laureto Chicago, IL Mardell Nereim Eva B. Lenczewski Waterbury, CT Bradford J. Ward Alex Levinson San Francisco, CA Todd D. True John T. Lillis, Jr. New York, NY Charles Edward Schmidt Benjamin Alan Lipman St. Louis, MO Richard Aloysius Ahrens Thomas Sayre Llewellyn Washington, DC Stark Ritchie Bradley Stuart Lui Los Angeles, CA Elwood Lui Jeffrey I. Mandel Metairie, LA J. Daniel Picou Jeffrey C. Mando Covington, KY Gerald F. Dusing

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MONDAY, FEBRUARY 23, 1998 541

Applicant City and State Movant Alana Danielle Marquis Raleigh, NC Barry Steven McNeill Derek P. Martin Carthage, MO Harry Mat Weiss Julie Ann Marzano Blackwood, NJ Jay Judah Blumberg Robert D. Massey Pulaski, TN Joe W. Henry, Jr. Charles Floyd McDarris Raleigh, NC Jeffrey P. Gray Anne F. McDonough Quincy, MA Edward Tarbell Angley Richard Hunt McDuff Fort Lauderdale, Edmund Bruce FL Johnson Michael J. McNulty Washington, DC Thomas Carroll Steven Lawrence Menaker Jersey City, NJ Richard Elliot Mischel George M. Mesrey Detroit, MI Frank Trustick Mamat Jacqueline Lorie Mixon Leawood, KS Kent Morgan Bevan Paul J. Morochnik Atlanta, GA John Patrick O'Brien H. Keith Morrison Fayetteville, AR Troy Anthony Price Natasha J. Morton Hardin, MT Christine A. Cooke Glenn B. Mueller Encinitas, CA Robert Bernard Schoenburg Michael A. Murphy Pittsburgh, PA Samuel John Cordes David E. Neumeister Chicago, IL Barry Lewis Kroll Michael F. Newbold Washington, DC Francis X. Coonelly Jeffery Taylor Nobles Houston, TX Denice Smith Ann B. Oldfather Louisville, KY Douglas H. Morris, II Randy Olen Providence, RI David N. Cicilline D. Bruce Orwin Somerset, KY John Gideon Prather, Jr. Joseph E. Orzano Reno, NV Lee Francis Del Grande Robert Clay Owens Miami, FL Stephen J. Fearon

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542 MONDAY, FEBRUARY 23, 1998

Applicant City and State Movant Michael A. Owsley Bowling Green, David W. KY Anderson Christopher Andrew Page Raleigh, NC Walter E. Brock, Jr. Steven J. Papadimos Sylvania, OH Andrew Kevin Ranazzi Julie Caruthers Parsley Austin, TX John Cornyn Kenneth D. Passon Irvine, CA Susan Laurell Vaage John L. Patton Columbia, MO William D. Rotts Robert Bycelle Peddy, Jr. Lakeland, FL Judge Gerald Paul Hill H. Allen Pennington, Jr. Fort Worth, TX Thomas Hart Law Michael R. Phillips Chicago, IL James J. Casey Paul D. Polidoro Patterson, NY Philip Brumley Patrick John Potter Washington, DC Roger M. Whelan Daniel M. Press McLean, VA Arthur D. McKey Whayne C. Priest, Jr. Bowling Green, David W. KY Anderson Jeffrey James Putnam Houston, TX Edward D. Vickery Chris Raesz Denton, TX Donald Ray Windle Thomas J. Ray Reno, NV Donald F. Klasic Glenn C. Raynor Raleigh, NC Walter E. Brock, Jr. Stephen Eric Reck New London, CT Linda L. Mariani Catherine Marie Recker Philadelphia, PA Robert E. Welsh, Jr. Michael Paul Reiter Tampa, FL Michael Joseph Corso Anita Rivkin-Carothers Chicago, IL Adam Bourgeois, Jr. Orlando Cabrera Rodriguez San Juan, PR Juan Carlos Gomez-Escarce John W. Rogers Columbia, MO George E. Ashley Ari J. Rosenthal Chicago, IL Frank K. Heap Walter L. Sales Louisville, KY John T. Ballantine J. Michael Sauer Plainfield, IN Lisa Malmer Susan Sawyer Oakland, CA Wendy C. Peoples

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MONDAY, FEBRUARY 23, 1998 543

Applicant City and State Movant Tom Schrandt Wichita Falls, TX Edward L. True John Toby Schreiber Walnut Creek, CA Ephraim Margolin Kathryn L. Schroeder Denver, CO Rebecca Parker John Frederick Schuck Palo Alto, CA Anthony Martin Boskovich Steven Henry Schutte Indianapolis, IN Thomas C. Hinesley Patricia D. Scotlan San Francisco, CA Lawrence C. Yee Elizabeth A. Seaton Washington, DC Kevin M. Cathcart Annette Rhodes Seng Baton Rouge, LA Andre´ Charles Castaing J. Timothy Sheehan Lake Placid, FL Bert J. Harris, III William A. Sherwood Houston, TX Donald Beury McFall Francisco Silva Miami, FL Mark Vincent Silverio C. Garold Sims Denver, CO John Lawrence Kane, Jr. Donald D. Skypeck Phoenix, AZ John E. Lundin Lisa Louise Smith Buffalo, NY Alan M. Wishnoff James Michael Smith Grand Rapids, MI Brent D. Rector John Michael Smith Philadelphia, PA Rodger Armand Drew, Jr. John M. Snider Lancaster, OH Gerald Lowell Stebelton Frank L. Spring Albuquerque, NM David Mark Berlin Mark A. Srere Washington, DC Peter Buscemi Ellen Buckley Steen Washington, DC Thomas Peter Gies Rick Aaron Steinberg West Orange, NJ Philip Kahn Daniel F. Stenger Washington, DC Joseph B. Knotts, Jr. Phillip Shea Stenger Grand Rapids, MI Bradley K. Glazier Max Stier Washington, DC Steven A. Steinbach Robert E. Sutcliffe Bangor, ME John Wallace McCarthy Kent Douglas Syverud Nashville, TN John H. Pickering Lon Christopher Taylor Newark, NJ Claudia Van Wyk

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544 MONDAY, FEBRUARY 23, 1998

Applicant City and State Movant Raymond William Thomas Los Angeles, CA Richard W. Kopenhefer Gregg Anthony Thornton San Francisco, CA William Scott Kronenberg Kathryn Leigh Tignor West Palm Beach, Michael John FL McHale Jay Patrick Tobin Raleigh, NC Walter E. Brock, Jr. Kathryn Toffenetti Washington, DC Michael J. Gippert John D. Tully Grand Rapids, MI Robert James Jonker Jeffrey C. Turner Dayton, OH Thomas Edward Jenks J. Richard Urrutia Portland, OR Susan D. Marmaduke Jean Allen Smith Vaughan Jackson, MS Wayne M. Snuggs Carrol S. Verosky Cheyenne, WY Michael Lee Hubbard Howard A. Voeks Chicago, IL Eugene E. Gozdecki Larry Andrew Walraven Newport Beach, James V. Selna CA William Joseph Ward San Diego, CA Russel Keate Robinson Jeffrey H. Watson Springdale, AR Charles Edward Davis Thomas L. Watters Los Angeles, CA Charles Richard Hart, Jr. James Aldean Webster, III Raleigh, NC John Nicholas Fountain Mark G. Weinberg Chicago, IL Robert N. Hilbert Steven A. Weiss Chicago, IL William Grant Schopf, Jr. Mark J. Welter Sioux Falls, SD Mark Vernon Meierhenry Bradford Weston, III Sacramento, CA Judge Jeffrey L. Gunther Thomas M. Williams Louisville, KY John T. Ballantine James Davies Williams, III Bethesda, MD James Davies Williams, Jr.

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MONDAY, FEBRUARY 23, 1998 545

Applicant City and State Movant Edward Marcellus New York, NY John Dickey Williamson Joseph W. Williford Raleigh, NC Robert Cummings Paschal Sharon Coull Wilson Raleigh, NC Lars Franklin Nance Richard L. Winchester, Jr. Memphis, TN Mark Joseph Grai R. Lee Winchester Memphis, TN John Dennis Horne Joseph Kevin Witmer Harrisburg, PA Bohdan R. Pankiw Andrew Michael Wyatt Woodland Hills, Michael Steven CA Villeneuve Jonathan Woodward Winston-Salem, Donald M. Von Yarbrough NC Cannon Stephen Anthony Yokich Bethesda, MD Jordan Rossen

Admissions to the Bar on Oral Motions Applicant City and State Movant John Cleaveland Akron, OH Timothy Belcher Fairweather Dyk Sheila Pimpler Haddock Houston, TX Richard A. Morris Robert Kelly Kyle Jackson, MS Paul Reinherz Quitman Wolfson Mary McKeon Stosuy Willingboro, NJ Ellen Butler Kearns Betsy Gale Liebman Columbus, NJ William John Kearns, Jr. John Charles Gillespie Marlton, NJ William John Kearns, Jr. John F. Vassallo, Jr. Willingboro, NJ William John Kearns, Jr. Anthony R. Cambria Newark, NJ Christine Cartwright Denise M. Crump Plainsboro, NJ Christine Cartwright Patricia Ann Cullen Princeton, NJ Christine Cartwright Brian Joseph Duffield Woodbury, NJ Christine Cartwright

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546 MONDAY, FEBRUARY 23, 1998

Applicant City and State Movant Christopher M. Farella Roseland, NJ Christine Cartwright Stephen Michael Kanovsky Princeton, NJ Christine Cartwright Jeremy Peter Kleiman Livingston, NJ Christine Cartwright James D. Lebson New York, NY Christine Cartwright Cecilia M. E. Lindenfelser Kearny, NJ Christine Cartwright Sharon Lee Lippett Chatham, NJ Christine Cartwright Paul Benjamin Macchia Morristown, NJ Christine Cartwright Rosalyn A. Metzger Somerville, NJ Christine Cartwright Lisa Maria Michura North Caldwell, Christine NJ Cartwright Gregory Karl Mueller Tenafly, NJ Christine Cartwright Patrick A. Quagliana, Jr. Passiac, NJ Christine Cartwright David Patrick Schroth Trenton, NJ Christine Cartwright Andrea Beth Schwartz Highland Park, NJ Christine Cartwright Pauline Lynn Pai Wen Roseland, NJ Christine Cartwright Timothy G. Hansen West Orange, NJ Christine Cartwright Oral Arguments No. 97463. Textron Lycoming Reciprocating Engine Division, AVCO Corp., Petitioner v. United Automobile, Aerospace and Agricul- tural Implement Workers of America, International Union and its Local 787. Argued by Mr. Timothy B. Dyk for the petitioner and by Mr. Stephen Yokich for the respondent. No. 961693. Frank X. Hopkins, Warden, Petitioner v. Randolph K. Reeves. Argued by Mr. Donald B. Stenberg for the petitioner, by Mr. Roy W. McLeese, III, for the United States as amicus curiae, by spe-

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MONDAY, FEBRUARY 23, 1998 547 cial leave of the Court, and by Ms. Paula Hutchinson, appointed by this Court, for the respondent. No. 968732. Vincent Edwards, Reynolds A. Wintersmith, Horace Joiner, Karl V. Fort, and Joseph Tidwell, Petitioners v. United States. Argued by Mr. Steven Shobat, appointed by this Court, for the peti- tioners and by by Mr. Edward C. DuMont for the respondent.

Adjourned until Tuesday, February 24, 1998, at 10 o'clock.

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(JOURNAL) TUESDAY, FEBRUARY 24, 1998 549 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Opinions No. 961375. Regions Hospital, Petitioner v. Donna E. Shalala, Sec- retary of Health and Human Services. On writ of certiorari to the United States Court of Appeals for the Eighth Circuit. Judgment af- firmed. Opinion by Justice Ginsburg. Dissenting opinion by Justice Scalia, with whom Justice O'Connor and Justice Thomas join. No. 961971. Mary Anna Rivet, et al., Petitioners v. Regions Bank of Louisiana, et al. On writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Judgment reversed, and case remanded to the United States Court of Appeals for the Fifth Circuit for further proceedings in conformity with the opinion of this Court. Opinion by Justice Ginsburg.

Admissions to the Bar on Oral Motions Applicant City and State Movant David Thomas Pimentel San Francisco, CA James C. Duff A. J. Coleman Decatur, AL Michael Erik Klein Majel M. Russell Billings, MT Robert S. Pelcyger Jennifer Marie Smith Washington, DC Dianne Saulney Gaines

Oral Arguments No. 961829. Montana, et al., Petitioners v. Crow Tribe of Indians, et al. Argued by Mr. Clay Riggs Smith for the petitioners, by Mr. Robert S. Pelcyger for the private respondent, and by Mr. Jeffrey A. Lamken for the federal respondents. No. 97174. Cass County, Minnesota, et al., Petitioners v. Leech Lake Band of Chippewa Indians. Argued by Mr. Earl Edwin Maus for the petitioners, by Mr. James M. Schoessler for the respondent, and by Ms. Barbara B. McDowell for the United States as amicus curiae, by spe- cial leave of the Court.

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550 TUESDAY, FEBRUARY 24, 1998

Adjourned until Wednesday, February 25, 1998, at 10 o'clock.

Habeas Corpus Denied No. 978054. In Re Reginald L. Powell, Petitioner. Application for stay of execution of sentence of death presented to Justice Thomas and by him referred to the Court denied. Petition for writ of habeas corpus denied. Justice Stevens would grant the application for stay of execution.

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(JOURNAL) WEDNESDAY, FEBRUARY 25, 1998 551 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Opinions

No. 96843. National Credit Union Administration, Petitioner v. First National Bank & Trust Co., et al.; and No. 97847. AT&T Family Federal Credit Union, et al., Petitioners v. First National Bank and Trust Co., et al. On writs of certiorari to the United States Court of Appeals for the District of Columbia Circuit. Judgment affirmed. Opinion by Justice Thomas. Dissenting opinion by Justice O'Connor, with whom Justice Stevens, Justice Souter, and Jus- tice Breyer join. No. 961577. Alaska, Petitioner v. Native Village of Venetie Tribal Government, et al. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment reversed, and case remanded to the United States Court of Appeals for the Ninth Circuit for further proceedings in conformity with the opinion of this Court. Opinion by Justice Thomas.

Admissions to the Bar on Oral Motions Applicant City and State Movant James Charles Bailey Washington, DC Cynthia June Rapp Patricia Ann Lewis Falls Church, VA Patricia A. Robinson Harris Mary Elizabeth Maguire Washington, DC Elizabeth Anne Semel Gail Suzanne Shane Washington, DC Dan Schweitzer Lowell Lesesne Siler Durham, NC S. C. Kitchen Jonathan K. Tycko Washington, DC Theodore J. Boutrous, Jr. Mark M. Kitrick Columbus, OH Frederick M. Gittes Michael S. Kolman Columbus, OH Frederick M. Gittes

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552 WEDNESDAY, FEBRUARY 25, 1998

Applicant City and State Movant Barbara A. Terzian Columbus, OH Frederick M. Gittes Neil L. Brilliant Chicago, IL Patricia Anne Brandin Mary L. Casey Chicago, IL Patricia Anne Brandin Candace Pauline Davis Chicago, IL Patricia Anne Brandin Lisa Diane Freeman Chicago, IL Patricia Anne Brandin Jonathan W. Harris Chicago, IL Patricia Anne Brandin Jeffrey S. Heller Houston, TX Patricia Anne Brandin Debra Lee Nahrstadt Chicago, IL Patricia Anne Brandin Robert M. O'Connell Chicago, IL Patricia Anne Brandin Michael A. Weinbaum Chicago, IL Patricia Anne Brandin Gregory E. Alvarez Houston, TX Patricia Anne Brandin Gary Endelman Houston, TX Patricia Anne Brandin Carolyn J. McKinney Houston, TX Patricia Anne Brandin

Oral Arguments No. 9716. Ohio Forestry Association, Petitioner v. Sierra Club, et al. Argued by Mr. Malcolm Stewart for the federal respondents, by Mr. Steven P. Quarles for the petitioner, and by Mr. Frederick M. Gittes for the private respondents. No. 97300. Terry Stewart, Director, Arizona Department of Correc- tion, et al. Argued by Mr. Bruce M. Ferg for the petitioners and by Ms. Denise L. Young for the respondent.

Adjourned until Monday, March 2, 1998, at 10 o'clock.

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(JOURNAL) FRIDAY, FEBRUARY 27, 1998 553 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Appeal-Jurisdiction Noted No. 971374. William J. Clinton, President of the United States, et al., Appellants v. City of New York, et al. Appeal from the United States District Court for the District of Columbia. Motion of the par- ties to expedite consideration and to expedite briefing schedule granted. In this case probable jurisdiction noted. Brief of the Solicitor General to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, March 13, 1998. Briefs of appellees to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, April 3, 1998. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Monday, April 13, 1998. Rule 29.2 does not apply. Oral argument set for Monday, April 27, 1998.

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(JOURNAL) MONDAY, MARCH 2, 1998 555 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer. The Chief Justice said: "Today's orders of the Court have been certified by The Chief Jus- tice, filed with the Clerk, and will not be announced orally."

Certiorari-Summary Disposition

No. 962046. Donna E. Shalala, Secretary of Health and Human Services, Petitioner v. Toledo Hospital. On petition for writ of certio- rari to the United States Court of Appeals for the Sixth Circuit. Peti- tion for writ of certiorari granted. Judgment vacated, and case re- manded to the United States Court of Appeals for the Sixth Circuit for further consideration in light of Regions Hospital v. Shalala, 522 U. S. (1998). No. 97625. Quinton Dryden, et al, Petitioners v. Madison County, Florida. On petition for writ of certiorari to the Supreme Court of Florida. Petition for writ of certiorari granted. Judgment vacated, and case remanded to the Supreme Court of Florida for further consider- ation in light of Newsweek, Inc. v. Florida Department of Revenue, 522 U. S. (1998). No. 971048. National Association for the Advancement of Colored People, Minneapolis Branch, et al., Petitioners v. Metropolitan Council. On petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit. Petition for writ of certiorari granted. Judg- ment vacated, and case remanded to the United States Court of Ap- peals for the Eighth Circuit for further consideration in light of Rivett v. Regions Bank of Louisiana, 522 U. S. (1998).

Orders in Pending Cases

No. M36. Michael H. Sherman, Petitioner v. Jerome Sherman, et al. Motion for reconsideration of order denying motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M45. Jeffrey Joerger, Petitioner v. Janet Reno, Attorney Gen- eral. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied.

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556 MONDAY, MARCH 2, 1998 No. 97300. Terry Stewart, Director, Arizona Department of Correc- tion, et al., Petitioners v. Ramon Martinez-Villareal. Motion for ap- pointment of counsel granted, and it is ordered that Sean D. O'Brien, Esquire, of Kansas City, Missouri, is appointed to serve as counsel for the respondent in this case. No. 97634. Pennsylvania Department of Corrections, et al., Peti- tioners v. Ronald R. Yeskey. Motion of respondent for leave to proceed further herein in forma pauperis granted. No. 97956. Lufthansa German Airlines, Petitioner v. Leonard Krys, et ux. Motion of respondents for attorneys' fees denied.

Certiorari Granted No. 97889. Ceasar Wright, Petitioner v. Universal Maritime Service Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit granted.

Certiorari Denied No. 962018. AEDC Federal Credit Union, et al., Petitioners v. First City Bank, et al.; and No. 97100. National Credit Union Administration, Petitioner v. First City Bank, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97641. Brenda Premo, Director, California Department of Re- habilitation, Petitioner v. Jeana Martin, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Ninth Circuit denied. No. 97837. Arthur W. Stigile, et al., Petitioners v. William J. Clin- ton, President, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 97870. L. B. Foster Company, Petitioner v. Equal Employment Opportunity Commission. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 97877. Elizabeth R. Cockrell, Petitioner v. Commissioner of In- ternal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 97883. John L. Grady, Petitioner v. Sovereign Order of Saint John of Jerusalem, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 97885. Paul J. Engelhart, et al., Petitioners v. Consolidated Rail Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

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MONDAY, MARCH 2, 1998 557 No. 97888. Missouri, et al., Petitioners v. Michael C. Liddell, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97892. In Re Robert Lonardo and Restorative Care of America, Inc., Petitioners. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 97902. Kenneth R. Strawberry, Petitioner v. Madeleine Al- bright, Secretary of State. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 97908. Norman Leath, Petitioner v. American Medical Interna- tional Incorporated. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97914. Jerry Jefferson, Petitioner v. Bertsch, aka Bertsch & Company, and Park Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97920. California, Petitioner v. Mariafelissa Smith. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied. No. 97921. Edna T. Thompson, Petitioner v. Crawford W. Long. Pe- tition for writ of certiorari to the Court of Appeals of Georgia denied. No. 97949. Ann L. Gill, Petitioner v. System Planning Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97967. Leonard Kelly, Petitioner v. City of Bossier. Petition for writ of certiorari to the Court of Appeal of Louisiana, Second Circuit, denied. No. 97970. Donald Smith, et al., Petitioners v. Marilyn Allen, Per- sonal Representative of Terry Allen, Deceased; and No. 97978. City of Muskogee, Petitioner v. Marilyn Allen, Personal Representative of Terry Allen, Deceased. Petitions for writs of certio- rari to the United States Court of Appeals for the Tenth Circuit denied. No. 971004. Malek Ahmed, Petitioner v. Charles Greenwood, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 971063. Newton Vedalier, Petitioner v. Falcon Drilling Com- pany, Incorporated, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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558 MONDAY, MARCH 2, 1998 No. 971067. Coleman Oil Company, Inc., Petitioner v. Circle K Cor- poration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971073. Polly Nelson, Petitioner v. John Grisham, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 971092. Betty Travis, Petitioner v. Board of Regents of the University of Texas System and University of Texas at San Antonio. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971096. Gertrude Davis Gorod, Petitioner v. Massachusetts, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 971100. Roy L. Wonder, et al., Petitioners v. Lanric Hyland. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971107. Kevin Laughlin, et al., Petitioners v. H. Ross Perot, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 971110. Helen A. Dick, Petitioner v. Peoples Bank of Blooming- ton. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied. No. 971116. Akhtar Zaman (Tahirkhaili), Petitioner v. Arizona. Pe- tition for writ of certiorari to the Supreme Court of Arizona denied. No. 971119. John R. Haeger, Petitioner v. Debra M. Sullivan, etc., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. No. 971127. Wesley E. Hotchkiss, Jr., Petitioner v. Supreme Court of the United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971153. Drew Cass, Petitioner v. New York. Petition for writ of certiorari to the Appellate Term of the Supreme Court of New York, 9th & 10th Judicial Districts, denied. No. 971155. Michael Moore, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 971161. Mary Olson, Petitioner v. Sun Bank. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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MONDAY, MARCH 2, 1998 559 No. 971168. Lawrence Crawford Bragg, Petitioner v. State Bar of California. Petition for writ of certiorari to the Supreme Court of Cali- fornia denied. No. 971172. Winslow R. Lievsay, Petitioner v. Western Financial Savings Bank, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971206. Jeanne B. Schmier, Petitioner v. David D. Jennings and Craig Jennings. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 971274. Ralph Vargas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Armed Forces denied. No. 976080. Tommy Mongrain Eaves, Petitioner v. Ron Champion, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 976347. Lee Hoffman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976949. Teofilo Medina, Jr., Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. No. 976968. Osigene Saintfort, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976984. Marilyn Chaiken, Petitioner v. VV Publishing Corpora- tion, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 977013. Timothy Morris, Petitioner v. Ricky Bell, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 977042. Adam Comeaux, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. No. 977157. Tafford Lee Holman, Petitioner v. Thomas F. Page, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 977287. Barry Glenn Williams, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. No. 977293. Kamran Tavakoli-Nouri, Petitioner v. Washington Hos- pital Center, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

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560 MONDAY, MARCH 2, 1998 No. 977310. Ernest Lee Townsend, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. No. 977318. Neil E. Wilkinson, Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections. Petition for writ of certiorari to the District Court of Appeal of Florida, Second District, denied. No. 977319. Samuel J. Wilder, Petitioner v. Peggy Knight, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 977327. Charles Landon, Petitioner v. Harry K. Singletary, Jr., Secretary Florida Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977350. Robert Palonis, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 977363. Marco Marroquin, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appel- late District, denied. No. 977370. Elvin Lebron, Petitioner v. C. O. Russo, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 977412. Clarence Rudy Brown, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977417. Damon Flowers, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appel- late District, denied. No. 977421. Timothy Johnston, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. No. 977422. Allen Langley, Petitioner v. Iowa. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Cir- cuit denied. No. 977441. Raymond M. Bernal, Petitioner v. Ron Lytle, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied. No. 977457. Alma L. Ramey, Petitioner v. Hershel W. Gober, Acting Secretary of Veterans Affairs. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

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MONDAY, MARCH 2, 1998 561 No. 977472. Donald Ray Violett, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied. No. 977479. Donald J. Strable, Petitioner v. Administrative Office of the United States Courts, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977508. Daro B. Gross, Petitioner v. United States District Court for the District of Massachusetts. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 977509. Derek Harold Victor Godett, Petitioner v. Janet Reno, Attorney General, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977518. Herbert Andrews, Jr., Petitioner v. James Matesanz, Superintendent, Bay State Correctional Center. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 977519. Joey Brewer, Petitioner v. Clifford Marshall, Sheriff, Norfolk County, Massachusetts. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 977529. George Frederick Payne, Petitioner v. George Ingle, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977574. David Frank McDonald, Petitioner v. Maryland. Peti- tion for writ of certiorari to the Court of Appeals of Maryland denied. No. 977590. Nira Schwartz, Petitioner v. Emhart Glass Machinery, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977594. Ulyesses B. Adams, Petitioner v. Department of the Navy. Petition for writ of certiorari to the United States Court of Ap- peals for the Federal Circuit denied. No. 977633. Doyle Kelley, Petitioner v. Missouri. Petition for writ of certiorari to the Court of Appeals of Missouri, Southern District, denied. No. 977634. Scott William Johnson, Petitioner v. Ernest C. Roe, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977638. Roy Ruffin, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 977642. Gonzalo J. Alvarado, Petitioner v. United States;

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562 MONDAY, MARCH 2, 1998 No. 977680. Edward John Johnston, III, Petitioner v. United States; No. 977684. Darrell Wayne Adams, Petitioner v. United States; and No. 977686. Eric Darnell Lowery, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977661. Ralph D. Hayward, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 977663. Janet Dees, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977681. Lynn Edward Reece, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977683. Randall Tyndall, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 977688. Chang Han Chen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977690. Oscar Suarez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 977693. Richard F. Sobrilski, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 977696. Melvis Montano, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977699. Jesse Ball, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 977701. Martin R. Guerrero, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977703. Emmanuel Uzuegbunam, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

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MONDAY, MARCH 2, 1998 563 No. 977705. Juan Manuel Reyes-Cruz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977713. Frederick Taylor, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977714. Evaristo Tenorio, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977715. Steve Testerman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977717. Michael Aaron Little, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977718. Lorenzo F. McGill, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977719. Gerald Timothy McNeil, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977726. Manuel Antonio Torres-Echavarria, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 977746. Derrick Deshawn Carter, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 977750. Alberto Erevia-Suarez, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977752. Steven DePace, Petitioner v. United States; and No. 977753. Carlton Albert DePace, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977761. Mario Amaya-Sanchez, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 97775. Abbott Laboratories, et al., Petitioners v. Robert A. Huggins. Petition for writ of certiorari to the United States Court of

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564 MONDAY, MARCH 2, 1998 Appeals for the Seventh Circuit denied. Justice O'Connor and Justice Breyer took no part in the consideration or decision of this petition. No. 971028. Joe A. Macri, et al., Petitioners v. King County. Motion of Pacific Legal Foundation, et al., for leave to file a brief as amici curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971071. Charles D. Marshall, Warden, et al., Petitioners v. Rob- ert S. Turner. Motion of respondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971210. Blue Cross and Blue Shield of Michigan, Petitioner v. BPS Clinical Laboratories, et al. Motion of Michigan Manufacturers Association for leave to file a brief as amicus curiae granted. Petition for writ of certiorari to the Court of Appeals of Michigan denied.

Habeas Corpus Denied

No. 977737. In Re Esquiel Rodriguez, Petitioner; No. 977785. In Re George Wade, Petitioner; No. 977801. In Re Darren Sadlier, Petitioner; No. 977802. In Re Darren Sadlier, Petitioner; and No. 977835. In Re Charles A. LeBlanc, Petitioner. Petitions for writs of habeas corpus denied.

Rehearings Denied

No. 961279. George G. Rogers, Petitioner v. United States; No. 969379. Kathryn L. La Grange, Petitioner v. Raul Longoria; No. 969536. Doudou B. Janneh, Petitioner v. Marvin T. Runyon, Postmaster General; No. 97773. Raymond J. DiRussa, Petitioner v. Dean Witter Reyn- olds, Inc., and Lawrence J. Solari, Jr.; No. 97825. Charles M. Millner, Petitioner v. ITT Aerospace/Com- munications Division of ITT Corporation, Incorporated; No. 975859. Glenn L. Williams, Petitioner v. United States; No. 976087. Dan C. Fore, Petitioner v. Denny's Inc., et al.; No. 976121. Dennis Charles Crocker, Petitioner v. James J. Robin- son, Western Regional Director, Pennsylvania Board of Probation and Parole, et al.; No. 976218. Bobby G. Wilcher, Petitioner v. Mississippi; and Bobby G. Wilcher, Petitioner v. Mississippi;

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MONDAY, MARCH 2, 1998 565 No. 976352. Richard Maloney, Petitioner v. Workers' Compensation Appeals Board of California, et al.; No. 976463. Eric Johnson, Petitioner v. California, et al.; No. 976479. Calvin Hollowell, Petitioner v. Randy Johnson; No. 976516. Kamran Tavakoli-Nouri, Petitioner v. Richard Alton Mitchell; No. 976531. John S. Bergmann, Petitioner v. Candler County De- partment of Family and Children Services, et al.; No. 976662. Ginger Robin Turnmire, Petitioner v. Penny A. Bern- hardt, Warden; No. 976899. Carl V. Jones, Petitioner v. The Pep Boys, Manny, Moe, and Jack of California; No. 976962. Ernest A. Martin, Petitioner v. Ronald J. Angelone, Director, Virginia Department of Corrections; No. 977093. Kenneth Edmunson, Petitioner v. Donald Savko, et al.; and No. 977154. In Re John A. Langworthy, Petitioner. Petitions for rehearing denied.

Attorney Discipline

No. D1878. In the Matter of Disbarment of Steven P. Kersner. Dis- barment order entered. No. D1885. In the Matter of Disbarment of Scott A. Garver. Disbar- ment order entered. No. D1917. In the Matter of Disbarment of Robert W. Barton. Rob- ert W. Barton, of Harrisburg, Pennsylvania, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1918. In the Matter of Disbarment of Jay William Bouldin. Jay William Bouldin, of Jonesboro, Georgia, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

Recess Order

The Court will take a recess from Monday, March 9, 1998, until Mon- day, March 23, 1998.

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566 MONDAY, MARCH 2, 1998 Admissions to the Bar on Written Motions Applicant City and State Movant

Martin B. Adelman New York, NY Roger Bennet Adler June Susan Ailin Los Angeles, CA Robert Bruce Tepper, Jr. Anthony Joseph Annucci Albany, NY Providence Baker Robert Minard Arentson, Jackson, MS Ernest G. Taylor, Jr. Jr. Arthur L. Bailey Washington, DC Matthew Joel Zinn Michael J. Baker Costa Mesa, CA Brian S. Case Eric Alvin Ballinger Canton, GA H. Steve Abernathy Michael A. Bell Washington, DC Dennis L. Allen Katherine E. Bell-Moss Austin, TX Earl Leroy Yeakel, III Paula E. Berg Brooklyn, NY Arthur Kinoy Seth Daniel Berlin Washington, DC Lee Jay Levine Michael R. Blaha Santa Monica, CA Joseph P. Della Maria, Jr. Robert R. Brina, Jr. Pasadena, CA Brian S. Case Pasquale A. Cipollone Washington, DC Thomas David Yannucci Jonathan Cohen Miami, FL Lee Douglas Mackson Daniel Joseph Connolly Minneapolis, MN John D. French Harold A. Frederick Duluth, MN Joseph J. Mihalek Bruce Stephen Gelber Washington, DC Walker Bledsoe Smith John M. Gillum Nashville, TN J. Michael Franks George Glavinos, Jr. Cleveland, OH Don P. Brown Joel M. Gross Silver Spring, MD Walker Bledsoe Smith D. Thomas Hansen Louisville, KY Thomas Phil Ledgerwood H. Stephen Harris, Jr. Atlanta, GA Michael A. Doyle Alissa Aaronson Horvitz Washington, DC Peter Buscemi Brian Terence Kelly Boston, MA Cynthia A. Young Julie Pauline Boca Raton, FL Wendy Urschel Kendig-Schrader Larsen

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MONDAY, MARCH 2, 1998 567

Applicant City and State Movant David N. Kitner Dallas, TX James Knox Peden, III David Jewett Llewellyn Atlanta, GA James E. Carter Leonard A. Mancini Kinderhook, NY Providence Baker John J. E. Markham, II Boston, MA Harvey Allen Silverglate Kimberly Sumner Moore Dallas, TX James Knox Peden, III Judd Freeman Osten Atlanta, GA George W. Playdon, Jr. Eileen Teresa Pahl Chicago, IL Emily Eisner Robert Allen Parks Jacksonville, NC Frank Joseph Spinner Edward Joseph Pfister Miami, FL Thomas Richard Julin Stephen P. Pingree Honolulu, HI Patsy Takemoto Mink George Edwin Rickman Washington, DC Randolph Noel Stone David Eliot Rothstein Columbia, SC Victoria LaMonte Eslinger Heather Chase Sawyer Chicago, IL Patricia M. Logue Clay Alan Schnitker Madison, FL Edwin B. Browning, Jr. Sheryl T. Simon Fort Lauderdale, William Robert FL Amlong Christopher N. Smith Macon, GA Hardy Gregory, Jr. Naomi E. Soldon Milwaukee, WI Gerry M. Miller Stephen W. Sommerhalter San Francisco, CA Bernard E. LaSage Crystal Collins Spencer Pensacola, FL William Douglas Marsh Todd Michael Stenerson Birmingham, MI Thomas J. Tallerico Shawn Marie Story Atlanta, GA Andrew John Ekonomou Steven E. Sumida Barrow, AK Alan L. Mintz Robert Francis Ware, Jr. Cleveland, OH Thomas F. Zych

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568 MONDAY, MARCH 2, 1998

Applicant City and State Movant Robert A. Wicker Greensboro, NC James T. Williams, Jr. Tim Wilborn Eugene, OR C. Peter Sorenson Thomas L. Wright El Paso, TX Gary Hill Bernard J. Wunder, Jr. Washington, DC William Barney Barfield

Admissions to the Bar on Oral Motions Applicant City and State Movant

Claudia A. Baio Rocky Hill, CT Joseph I. Lieberman Daniel S. Blinn Rocky Hill, CT Joseph I. Lieberman Salvatore Bonanno Hartford, CT Joseph I. Lieberman Glenn Edmund Coe Hartford, CT Joseph I. Lieberman Michael A. Georgetti Hartford, CT Joseph I. Lieberman Robert J. Kor West Hartford, CT Joseph I. Lieberman Michele G. Kostin Hartford, CT Joseph I. Lieberman John Charles Matulis, Jr. Berlin, CT Joseph I. Lieberman Judith Drogichen Meyer Avon, CT Joseph I. Lieberman Eric Hunter Rothauser Newington, CT Joseph I. Lieberman Elizabeth A. Schumacher Hartford, CT Joseph I. Lieberman Lois Blesoff Tanzer Hartford, CT Joseph I. Lieberman Susan Orr Henderson Covington, IN Cynthia June Rapp Karen Orr McClure Covington, IN Cynthia June Rapp

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MONDAY, MARCH 2, 1998 569

Applicant City and State Movant Joanne Orr Covington, IN Cynthia June Rapp Marylin Batista Fort Lauderdale, Beverly A. Pohl FL Matthew Dallas Gordon Hartford, CT H. Stephan Gordon Lara Levinson Washington, DC Leslie Harold Levinson Edward J. Marko Fort Lauderdale, Bruce S. Rogow FL Bruce John Musico Zion, IL Francis John Kreysa

Oral Arguments No. 975310. David R. Beach, et ux., Petitioners v. Ocwen Federal Bank. Argued by Mr. Bruce S. Rogow for the petitioners and by Mr. Carter G. Phillips for the respondent. No. 97147. Atlantic Mutual Insurance Company, Petitioner v. Com- missioner of Internal Revenue. Argued by Mr. George R. Abramowitz for the petitioner and by Mr. Kent L. Jones for the respondent. No. 97288. Vicky Lewis, et vir, Individually, as Parents, as Next Friends and as Administrators of the Estate of Kathryn C. Lewis, De- ceased, Petitioners v. Brunswick Corporation. Argued by Mr. David E. Hudson for the petitioners, by Mr. David C. Frederick for the United States as amicus curiae, by special leave of the Court, and by Mr. Kenneth S. Geller for the respondent.

Adjourned until Tuesday, March 3, 1998, at 10 o'clock.

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(JOURNAL) TUESDAY, MARCH 3, 1998 571 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Opinions

No. 97115. Margaret Kawaauhau, et vir, Petitioners v. Paul W. Gei- ger. On writ of certiorari to the United States Court of Appeals for the Eighth Circuit. Judgment affirmed. Opinion by Justice Ginsburg. No. 961569. Daniel Bogan and Marilyn Roderick, Petitioners v. Janet Scott-Harris. On writ of certiorari to the United States Court of Appeals for the First Circuit. Judgment reversed, and case remanded to the United States Court of Appeals for the First Circuit for further proceedings in conformity with the opinion of this Court. Opinion by Justice Thomas. No. 961482. Lexecon Inc., et al., Petitioners v. Milberg Weiss Bers- had Hynes & Lerach, et al. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment reversed, and case remanded to the United States Court of Appeals for the Ninth Circuit for further proceedings in conformity with the opinion of this Court. Opinion by Justice Souter. No. 967171. Randy G. Spencer, Petitioner v. Mike Kemna, Superin- tendent, Western Missouri Correctional Center. On writ of certiorari to the United States Court of Appeals for the Eighth Circuit. Judgment affirmed. Opinion by Justice Scalia. Concurring opinion by Justice Sou- ter, with whom Justice O'Connor, Justice Ginsburg, and Justice Breyer join. Concurring opinion by Justice Ginsburg. Dissenting opinion by Justice Stevens.

Admissions to the Bar on Oral Motions Applicant City and State Movant James Charles Turner Temple Hills, MD James Philip Turner Angela Jones Lichtenstein Falls Church, VA Robert Jonas Gross Adam Van Lichtenstein Falls Church, VA Robert Jonas Gross

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572 TUESDAY, MARCH 3, 1998

Applicant City and State Movant Max Allen Sandlin, Jr. Marshall, TX Robert Jonas Gross Marianne Owens LaRivee Alexandria, VA Rodger Armand Drew, Jr. Steven Joseph Pecinovsky Fairfax Station, Rodger Armand VA Drew, Jr. Hildegarde Conte Perlstein Arlington, VA Rodger Armand Drew, Jr. Barbara Goodwin Brand Silver Spring, MD Rodger Armand Drew, Jr. Thomas Joseph Couture Pittsfield, MA Rodger Armand Drew, Jr. Jennifer Jo Snider St. Paul, MN Rodger Armand Drew, Jr. David R. Francis Canaseraga, NY Rodger Armand Drew, Jr. Keith L. Williams Seattle, WA Rodger Armand Drew, Jr. LeEllen Coacher Sturgis, SD Rodger Armand Drew, Jr. Robert E. Coacher Sturgis, SD Rodger Armand Drew, Jr. William Curtis Love Odessa, TX Rodger Armand Drew, Jr. Floyd Russell, III San Antonio, TX Rodger Armand Drew, Jr. Randall James Bunn Fresno, CA Rodger Armand Drew, Jr. Paul J. Coelus, Jr. Copiague, NY Rodger Armand Drew, Jr. Joseph F. Dent Cocoa Beach, FL Rodger Armand Drew, Jr. Harlan Gordon Wilder Fairfax, VA Rodger Armand Drew, Jr.

Oral Arguments No. 968516. Kenneth Eugene Bousley, Petitioner v. United States. Argued by Mr. I. Marshall Smith, appointed by this Court, for the petitioner, by Mr. Michael R. Dreeben for the respondent, and by Mr. Thomas C. Walsh as amicus curiae, by invitation of the Court.

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TUESDAY, MARCH 3, 1998 573 No. 968986. Arnold F. Hohn, Petitioner v. United States. Argued by Ms. Eileen Penner for the petitioner, by Mr. Matthew D. Roberts for the respondent, and by Mr. Jeffrey S. Sutton as amicus curiae, by invitation of the Court.

Adjourned until Wednesday, March 4, 1998, at 10 o'clock.

Order in Pending Case No. A657. Rodney L. Francis, Warden, Applicant v. Jennie Frank- lin, et al., Next Friends for Wilford Berry, Jr. Application to vacate stay of execution of sentence of death entered by the United States District Court for the Southern District of Ohio on February 27, 1998, presented to Justice Stevens and by him referred to the Court denied.

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(JOURNAL) WEDNESDAY, MARCH 4, 1998 575 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Opinions No. 96568. Joseph Oncale, Petitioner v. Sundowner Offshore Serv- ices, Incorporated, et al. On writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Judgment reversed, and case remanded to the United States Court of Appeals for the Fifth Circuit for further proceedings in conformity with the opinion of this Court. Opinion by Justice Scalia. Concurring opinion by Justice Thomas. No. 96643. Steel Company, aka Chicago Steel and Pickling Com- pany, Petitioner v. Citizens For A Better Environment. On writ of cer- tiorari to the United States Court of Appeals for the Seventh Circuit. Judgment vacated, and case remanded to the United States Court of Appeals for the Seventh Circuit with instructions. Opinion by Justice Scalia. Concurring opinion by Justice O'Connor, with whom Justice Kennedy joins. Opinion by Justice Breyer, concurring in part and con- curring in the judgment. Opinion by Justice Stevens, with whom Jus- tice Souter joins as to Parts I, III, and IV, and with whom Justice Ginsburg joins as to Part III, concurring in the judgment. Opinion by Justice Ginsburg concurring in the judgment. No. 961469. United States, Petitioner v. Hernan Ramirez. On writ of certiorari to the United States Court of Appeals for the Ninth Cir- cuit. Judgment reversed, and case remanded to the United States Court of Appeals for the Ninth Circuit for further proceedings in con- formity with the opinion of this Court. Opinion by The Chief Justice.

Admissions to the Bar on Oral Motions Applicant City and State Movant Karen Jean Aviles Ellicott City, MD Claire S. Hoffman Roger B. Eckert Fairfax, VA Mary Gray Hold Bradley Curtis Howard Baltimore, MD Robin Faye Kaplan William Haas Kissel Lake Placid, NY Peter Charles Kissel Pamela Sue Martin Smith Dallas, TX Arthur Sellers Garrett, III

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576 WEDNESDAY, MARCH 4, 1998

Applicant City and State Movant John Hamilton Williamson Washington, DC Stanley Frank Lechner Carolyn Louise Ball Alexandria, VA George Franklin Ball George Franklin Ball, Jr. Alexandria, VA George Franklin Ball Hazel A. Warnick Baltimore, MD Katherine L. Hansen David F. Kubli Columbus, OH Katherine L. Hansen Teresa M. Morris Olympia, WA Katherine L. Hansen Sherman H. Cone Kentwood, MI Stuart Hayden Deming Michael Thomas Cone New York, NY Stuart Hayden Deming

Oral Arguments No. 9742. Eastern Enterprises, Petitioner v. Kenneth S. Apfel, Commissioner of Social Security, et al. Argued by John T. Montgomery for the petitioner, by Mr. Edwin S. Kneedler for the federal respond- ents, and by Mr. Peter Buscemi for the private respondents. No. 97372. United States, Petitioner v. United States Shoe Corpora- tion. Argued by Mr. Lawrence G. Wallace for the petitioner and by Mr. James R. Atwood for the respondent.

Adjourned until Monday, March 9, 1998, at 10 o'clock.

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(JOURNAL) FRIDAY, MARCH 6, 1998 577 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Certiorari Denied No. 978069. John D. Arnold, Petitioner v. Michael W. Moore, Direc- tor, South Carolina Department of Corrections, et al. Application for stay of execution of sentence of death presented to the Chief Justice and by him referred to the Court denied. Petition for writ of certiorari to the Supreme Court of South Carolina denied.

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(JOURNAL) MONDAY, MARCH 9, 1998 579 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice O'Connor, Justice Scalia, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer. The Chief Justice said: "Today's orders of the Court have been certified by The Chief Jus- tice, filed with the Clerk, and will not be announced orally." Opinion Per Curiam No. 977300. Glendora, Petitioner v. John Porzio, et al. On motion for leave to proceed in forma pauperis. Motion of petitioner for leave to proceed in forma pauperis denied. Rule 38.1. Petitioner allowed until March 30, 1998, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court. Opinion per curiam. Dissenting statement by Justice Stevens. Certiorari-Summary Disposition No. 97669. City of Belleville, Petitioner v. J. Doe and H. Doe, By Their Parents and Next Friends, David Doe, et ux. On petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit. Petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Seventh Circuit for further consideration in light of Oncale v. Sundowner Off- shore Services, 523 U. S. (1998). Orders in Pending Cases No. M46. Julie Ann Benoit, Petitioner v. Medical Center of Dela- ware, Inc., Christiana Hospital. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M47. Manuel P. Brooks, Petitioner v. Dorothy Alice McKinney, etc., et al. Motion to direct the Clerk to file a petition for writ of certio- rari out-of-time denied. No. M48. Donna M. Betts, Petitioner v. Container Corporation of America, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time and for other relief denied. No. 961654. Frank J. Muscarello, Petitioner v. United States; and No. 968837. Donald E. Cleveland and Enrique Gray-Santana, Peti- tioners v. United States. Motion of petitioners for divided argument granted.

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580 MONDAY, MARCH 9, 1998 No. 961866. Alida Star Gebser and Alida Jean McCullough, Peti- tioners v. Lago Vista Independent School District. Motion of the Solici- tor General for leave to participate in oral argument as amicus curiae and for divided argument granted. No. 97156. Randon Bragdon, Petitioner v. Sidney Abbott, et al. Mo- tion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted. No. 97454. United States, Petitioner v. Bestfoods, et al. Motion of respondents Aerojet-General Corporation, et al., for divided argument denied. The Court will hear argument from respondent Bestfoods. No. 976789. Buick Moomchi, Petitioner v. New Mexico Corrections Department, et al. Motion of petitioner for reconsideration of order denying leave to proceed in forma pauperis denied. No. 977488. Matthew M. Caddy, Petitioner v. Good Samaritan Hos- pital, et al. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner allowed until March 30, 1998, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.

Certiorari Granted

No. 971147. Minnesota, Petitioner v. Wayne Thomas Carter; and Minnesota, Petitioner v. Melvin Johns. Petition for writ of certiorari to the Supreme Court of Minnesota granted. No. 971130. Wayne K. Pfaff, Petitioner v. Wells Electronics, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit granted limited to Question 1 presented by the petition. Certiorari Denied

No. 961872. Janet Scott-Harris, Petitioner v. City of Fall River. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 97330. BVP Management Associates, Petitioner v. Robert Fredette. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97746. General Motors Corporation, Petitioner v. Valorie Lynn Grear and Paul C. Nordberg; and In Re General Motors Corporation, Petitioner. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

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MONDAY, MARCH 9, 1998 581 No. 97834. Abe Pollin, et al., Petitioners v. Paralyzed Veterans of America, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 97897. United Steelworkers of America, AFL-CIO-CLC, et al., Petitioners v. Bandag, Incorporated. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97910. Carol Kiker, et vir, Petitioners v. Paul J. Miller, Jr., Indi- vidually, and as Circuit Judge of the Circuit Court of Russell County. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97917. Litton Industrial Automation Systems, Inc., Petitioner v. Nationwide Power Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97924. Harry R. Hibbs, et ux., and Henry Holiday, Petitioners v. City of San Buenaventura. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 97984. Remington Investments, Inc., Petitioner v. Moussa Nik- bakht Hamedani. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 971023. Champion International Corporation, Petitioner v. Ra- chel T. Smith, Executrix for the Estate of Robert W. Smith. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 971055. Finova Capital Corporation, Successor in Interest to Bell Atlantic Tricon Leasing Corporation, Petitioner v. Lifecare X-Ray, Inc., et al. Petition for writ of certiorari to the Superior Court of Penn- sylvania, Pittsburgh Office, denied. No. 971091. Iris M. Summit, Petitioner v. S-B Power Tool (Skil Corporation). Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 971098. Michael R. Dancy, Petitioner v. Hyster Company. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 971103. Carol A. Elewski, Petitioner v. City of Syracuse, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 971104. Yvette Farmer, Petitioner v. University and Commu- nity College System of Nevada. Petition for writ of certiorari to the Supreme Court of Nevada denied.

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582 MONDAY, MARCH 9, 1998 No. 971105. Karen Derzack, et vir, Petitioners v. Allegheny County Children & Youth Services. Petition for writ of certiorari to the Supe- rior Court of Pennsylvania, Pittsburgh Office, denied. No. 971109. Land and Lakes Company, et al., Petitioners v. Henry L. Henderson, Commissioner, Illinois Department of the Environment and City of Chicago. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 971115. Metropolitan Dade County, et al., Petitioners v. Engi- neering Contractors Association of South Florida, Inc., et al.; and No. 971160. Allied Minority Contractors Association, Inc., etc., Petitioner v. Engineering Contractors Association of South Florida, Inc., et al. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 971125. Surgidev Corporation, Petitioner v. Kathryn Niehoff. Petition for writ of certiorari to the Supreme Court of Kentucky denied. No. 971132. Zachary Taylor, Executor of the Estate of Jack T. Tay- lor, Jr., Deceased, et al., Petitioners v. Charlie Jaquez, Jr., et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 971138. Edward Comenout, et al., Petitioners v. Washington Department of Community Development, et al. Petition for writ of cer- tiorari to the Court of Appeals of Washington, Division 2, denied. No. 971140. Holly Grace Wingfield, Petitioner v. Neville Massie, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 971150. George Trahan, Petitioner v. BellSouth Telecommuni- cations, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971151. William O. Gendreau, Petitioner v. Colleen Rae Gen- dreau. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971158. David Michael Summers, Petitioner v. Harry K. Single- tary, Jr., Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 971180. Nan Oldham, Individually and as Personal Representa- tive of the Estate of John R. Oldham, Deceased, Petitioner v. Korean Air Lines Co., Ltd. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

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MONDAY, MARCH 9, 1998 583 No. 971182. Arzie Ellis, Jr., Petitioner v. Wallace F. Hill, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 971186. Haywood Jackson Mizell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 971187. Stan Dobrovolny, Kent Bernbeck, and Richard Bellino, Petitioners v. Scott Moore, Secretary of State of Nebraska. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 971193. Remington Investments, Inc., Petitioner v. Xep Ngu- yen, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 971197. Charles Floyd Nesbitt, Petitioner v. West Virginia. Pe- tition for writ of certiorari to the Circuit Court of West Virginia, Up- shur County, denied. No. 971198. David G. Moore, Petitioner v. City of Westminster, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971221. Bruce Ring, Petitioner v. Federal National Mortgage Association, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 971237. Local Union 7107, United Mine Workers of America, District 28, Petitioner v. Clinchfield Coal Company. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 971266. Patent Office Professional Association, Petitioner v. Federal Labor Relations Authority. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Cir- cuit denied. No. 971268. Maureen Schouman, Petitioner v. Securities and Ex- change Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971270. Frank Lafayette Bird, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971277. John P. Haselow, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

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584 MONDAY, MARCH 9, 1998 No. 971281. Latonya Moore, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971304. Frank Hughes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971305. Rao Gollapudi, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 971306. James Ervin Wright, Petitioner v. Mass Transit Admin- istration. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied. No. 976033. Vinson Washington, Petitioner v. Pennsylvania. Peti- tion for writ of certiorari to the Supreme Court of Pennsylvania, East- ern District, denied. No. 976353. Michael Newby, Petitioner v. Zell Miller, Governor of Georgia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976410. Willie Jackson, Petitioner v. Ed Day, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976691. One Juvenile Male, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976835. Terry Lewis Barr, Petitioner v. Charles Jones, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 976836. John Chong-Hwan Wee, et ux., Petitioners v. John An- drews, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 977038. Johnny Stearns and Willie J. Russell, Petitioners v. Christine O. Gregoire, Attorney General of Washington, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977058. Christopher Taylor, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

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MONDAY, MARCH 9, 1998 585 No. 977273. Chad Alan Lee, Petitioner v. Arizona; and Chad Alan Lee, Petitioner v. Arizona. Petition for writ of certiorari to the Su- preme Court of Arizona denied. No. 977278. Kevin B., Petitioner v. New Hampshire. Petition for writ of certiorari to the Supreme Court of New Hampshire denied. No. 977283. Cal Coburn Brown, Petitioner v. Washington. Petition for writ of certiorari to the Supreme Court of Washington denied. No. 977303. A. J. Simpson, Petitioner v. Thomas G. Phillips, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 977304. Lee Swafford, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 977332. Ismail Muhammad, aka Wayne Anthony Garrett, Peti- tioner v. Ronald J. Angelone, Director, Virginia Department of Correc- tions, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977333. Ronald Wayne Lewis, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 977337. Douglas C. McPherson, Petitioner v. Douglas A. Vand- len, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 977338. Charles Jackson, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appel- late District, denied. No. 977339. Michael James Lawrence, Petitioner v. Edward L. Evans, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 977340. Jackie O. Teel, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977342. Juan Garcia Perez, Petitioner v. Gary L. Johnson, Direc- tor, Texas Department of Criminal Justice, Institutional Division. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977347. Darold J. Stenson, Petitioner v. Washington. Petition for writ of certiorari to the Supreme Court of Washington denied.

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586 MONDAY, MARCH 9, 1998 No. 977348. Eileen E. Stephen, Petitioner v. Phillip J. Romani, Jr. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 977351. Ronald Smith, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 977353. Edward Cecil Blevins, Petitioner v. Leo A. Watson, Jr., District Judge, Cotton County, Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. No. 977354. Matthew Cullen, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 977358. Andrew Valdez, et ux., Petitioners v. Zions Securities Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977360. Roosevelt Bentley, Petitioner v. City of New York, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 977362. Richard W. Kendrick, Petitioner v. Stanley K. Young, Warden. Petition for writ of certiorari to the Supreme Court of Vir- ginia denied. No. 977364. Clory Jane Mostek, Petitioner v. Ford Motor Company, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 977366. Alphonso James, Petitioner v. Lawson Lamar. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977369. Robert Earl McCoy, Petitioner v. Larry Norris, Direc- tor, Arkansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 977379. Calvin C. Hollowell, Petitioner v. Randy Johnson, Sher- iff, Pulaski County, Arkansas, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 977382. Paul Albert Guardado, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fourth Ap- pellate District, denied. No. 977389. Fidelis I. Omegbu, Petitioner v. Mequon-Thiensville School District, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

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MONDAY, MARCH 9, 1998 587 No. 977390. Jack W. Seibert, Jr., Petitioner v. Eighth Judicial Dis- trict Court, Clark County, Nevada. Petition for writ of certiorari to the Supreme Court of Nevada denied. No. 977391. Humphrey Cohen, Petitioner v. Willis E. Morton, Ad- ministrator, New Jersey State Prison, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Third Circuit denied. No. 977393. James Jacks, Christopher B. Anderson, Anthony D. Mason, and Carter L. Brown, Petitioners v. Joseph Crabtree, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977394. Archie Sharp, Jr., Petitioner v. John Makowski, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 977398. Avery B. Alexander, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied. No. 977399. David C. White, Petitioner v. Frank Sheesley. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 977402. James Vincent Zankich, Petitioner v. Phoenix Cardiolo- gists, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977405. Gerard Clay Borne, Petitioner v. Louisiana. Petition for writ of certiorari to the Court of Appeal of Louisiana, Fourth Circuit, denied. No. 977410. Albert Thomas, Petitioner v. Georgia. Petition for writ of certiorari to the Court of Appeals of Georgia denied. No. 977411. Richard J. Woods, Petitioner v. Alex-Bell Oxford Lim- ited Partnership, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 977426. Michael T. White, Petitioner v. Arthur Tate, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 977429. Jerry James Couch, Petitioner v. Federal Paper Board Company, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977430. Van Lee Brewer, Petitioner v. District Court of Texas, Dallas County, et al. Petition for writ of certiorari to the Supreme Court of Texas denied.

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588 MONDAY, MARCH 9, 1998 No. 977432. Michael Sands, Petitioner v. Los Angeles County De- partment of Children and Family Services. Petition for writ of certio- rari to the Court of Appeal of California, Second Appellate District, denied. No. 977435. Clarence H. Blanchard, Petitioner v. Tulane University Medical Center. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977451. Glennon Paul Sweet, Petitioner v. Michael Bowersox, Superintendent, Potosi Correctional Center. Petition for writ of certio- rari to the United States Court of Appeals for the Eighth Circuit denied. No. 977482. Christopher McNeil, Petitioner v. Pennsylvania. Peti- tion for writ of certiorari to the Supreme Court of Pennsylvania, East- ern District, denied. No. 977483. Brian Miranda, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 977499. Darrin Henry, Petitioner v. James Stinson, Superin- tendent, Great Meadow Correctional Facility. Petition for writ of cer- tiorari to the United States Court of Appeals for the Second Circuit denied. No. 977510. Kevin Ferguson, Petitioner v. Thomas Jones, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977532. Warren Waddy, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Franklin County, denied. No. 977544. Tracey Parks, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadelphia Office, denied. No. 977589. Stephen Tracy Sheline, Petitioner v. Tennessee. Peti- tion for writ of certiorari to the Supreme Court of Tennessee, Eastern Division, denied. No. 977614. Eric Espinoza, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Fourth District, denied. No. 977635. Stanley Kosyla, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 977657. David R. Hill, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Armed Forces denied.

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MONDAY, MARCH 9, 1998 589 No. 977658. Emilio H. Martinez, Petitioner v. Gary L. Johnson, Di- rector, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977670. Jackie Goff, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977682. James Andrew Coleman, Petitioner v. Zell Miller, Gov- ernor of Georgia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977709. David Calvin Reevis, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977720. Phillip R. Kibler, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Armed Forces denied. No. 977722. John Tarkowski, Petitioner v. Illinois Department of Public Aid. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 977730. David W. Lanier, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 977733. S. A., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 977735. Marleny Restrepo-Valencia, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977744. Willadeur Alphonse, Petitioner v. United States; and No. 977820. Joseph Hughey, Jr., Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977745. Patricia Lockett, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 977756. William Allen Fitzgerald, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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590 MONDAY, MARCH 9, 1998 No. 977757. Kathleen Paige Gannon, Petitioner v. Dale Copeland, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977758. Gerald Jehoram Gustus, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977759. John Dare Baird, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 977771. Harry Leon Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977775. Thomas W. Spindle, Petitioner v. Herbert Tillery, Com- mandant. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 977779. Bernard C. Brown, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 977781. Wilson Calle, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977783. Alfredo Iriarte-Ortega, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977787. LaSalle N. Waldrip, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 977788. John Alan Wacaster, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977789. Eustace Brown, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977794. Wendell Woods, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 977795. Renso E. Urena-Collado, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

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MONDAY, MARCH 9, 1998 591 No. 977796. James Warren, Jr., Petitioner v. Maryland. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied. No. 977799. Coley Quinn, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 977800. Charles Rogers, Petitioner v. Gary McCaughtry, War- den. Petition for writ of certiorari to the Court of Appeals of Wiscon- sin, District I, denied. No. 977803. Maurice L. Fields, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 977807. Robert Dale Davidson, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977812. Robert Lee Hill, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977813. Benhurshan Joshua, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977819. James Darnell Brown, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977826. Aram Gregory Alkazoff, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 977828. Allen J., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Cir- cuit denied. No. 977846. Lawtis Donald Rhoden, Petitioner v. J. Randall Wyatt, Jr., et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 977852. Carl John Eggersdorf, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977853. Thomas Lebron Garrett, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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592 MONDAY, MARCH 9, 1998 No. 977855. Donald R. Hughes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 977872. Alvaro Garces, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. Habeas Corpus Denied

No. 977885. In Re Samuel N. Azuz, Petitioner. Petition for writ of habeas corpus denied. Mandamus Denied

No. 977786. In Re Javier Monge Viveros, Petitioner. Petition for writ of mandamus denied. No. 977384. In Re Earnest A. Darden, Petitioner; No. 977434. In Re Gary J. Pearson, Petitioner; and No. 977767. In Re Gerald Van Hoorelbeke, Petitioner. Petitions for writs of mandamus and/or prohibition denied.

Rehearings Denied

No. 969333. Samuel Citizen, Petitioner v. Gary L. Johnson, Direc- tor, Texas Department of Criminal Justice, Institutional Division; No. 97756. Harvey F. Burge and Marjorie C. Sanders, Petitioners v. Paul C. Behr, et ux.; No. 97909. Linda Maddox, Petitioner v. Capitol Bankers Life Insur- ance Company, et al.; No. 971083. In Re Richard A. Cole, Petitioner; No. 976678. David Glen Harris, Petitioner v. Gary L. Johnson, Di- rector, Texas Department of Criminal Justice, Institutional Division; No. 976729. Joseph Hughes, Petitioner v. Department of Housing and Urban Development, et al.; No. 976736. Dennis Guy Erdman, Petitioner v. Jimmy Stegall, Warden; No. 976880. Marion T. Beaven, Petitioner v. Daniel R. McBride, Superintendent, Westville Correctional Facility; and No. 976975. Douglas Edward Gretzler, Petitioner v. Terry L. Stew- art, Director, Arizona Department of Correction. Petitions for rehear- ing denied.

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MONDAY, MARCH 9, 1998 593

Admissions to the Bar on Written Motions

Applicant City and State Movant Daniel Nathan Abrahamson San Francisco, CA Eileen Anne Scallen Russell B. Adams, III McLean, VA Arthur D. McKey Stephanie Anne Arend Tacoma, WA Dennis Sanford Harlowe Bennett A. Barlyn Trenton, NJ Robert E. Bonpietro Deborah C. Bartolomey Trenton, NJ Mark Paul Cronin Teresa A. Blair Trenton, NJ Lisa Sarnoff Gochman Susan Bogart Chicago, IL Stephen M. Shapiro Daniel Ian Bornstein Tuxedo Park, NY Linda A. Rinaldi Neville Henry Boschert Jackson, MS Michael J. Kline Kristen L. Boyles Seattle, WA Adam J. Berger Rebecca J. Britton Fayetteville, NC H. Gerald Beaver Jeffrey D. Clements Boston, MA Douglas Herbert Wilkins Barbara Novak Coen Oakton, VA Scott Keep Yigael M. Cohen Phoenix, AZ Mark I. Harrison D. Duane Cook Stamping Ground, John Robert KY Leathers George Entwistle Crump, Rockingham, NC Charles Allen III Lloyd K. William Curtis Sacramento, CA Christopher William Waddell Christopher Sherwood Los Angeles, CA James Allan Davis Bohan Kevin J. Dunne San Francisco, CA Frederick Douglas Baker Scott Bertram Elkind Silver Spring, MD Roger Everett Greenberg Janet Flanagan Trenton, NJ Lisa Sarnoff Gochman Andrew Froman Sarasota, FL John Maxwell Hament Dane Arthur Gaschen Delaware, OH David M. Gormley

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594 MONDAY, MARCH 9, 1998

Applicant City and State Movant Marcy H. Geraci Trenton, NJ Robert E. Bonpietro Rebecca Mary Gerson Youngstown, OH James L. Messenger Nancy Jo Karaffa Gill Cincinnati, OH Frank C. Woodside, III La Quetta Maria Golden Gulfport, MS Albert Lionel Necaise Marlene Triggs Gresh Denver, CO Daniel Richard Satriana, Jr. Kathleen M. Gusler Trenton, NJ Robert E. Bonpietro Sandra D. Hachem Houston, TX Bruce Stephen Powers James Walter Hagan Atlanta, GA Richard Thomas Fulton Edward Anderson Harris New York, NY D. Stuart Meiklejohn Paul Henry Heinzel Trenton, NJ Robert E. Bonpietro Kent A. Higgins Idaho Falls, ID John M. Sharp Thomas John Hillgardner Flushing, NY Howard Alan Glickstein Barbara G. Hjelle St. George, UT Michael Mahlon Quealy Suzanne Noelle Hueston Harrisburg, PA Paul A. Tufano Paul S. Hughes Newton, MA Michael Rustad Denise M. Hulett San Francisco, CA Joaquin G. Avila Kenneth Ray Hulse Sacramento, CA Talmadge Richard Jones Lorraine Maass Hultman Sarasota, FL John Maxwell Hament Mark Steven Jaffe Albuquerque, NM Joseph William Gandert Lira A. Johnson Detroit, MI Rachelle G. Silberberg David Phelps Kennedy Baltimore, MD Alan H. Kaplan Dennis F. Kerrigan, Jr. Hartford, CT Bradford S. Babbitt

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MONDAY, MARCH 9, 1998 595

Applicant City and State Movant Michael Eugene Kinney Orlando, FL Douglass Bourne Shivers Keith D. Krakaur New York, NY Sheila L. Birnbaum John Wilder Lee San Francisco, CA Barry Melton Howard Warren Levine Washington, DC George Edward Hutchinson M. David Lindsey Denver, CO Robert J. Bruce Ricky G. Luke Jackson, MS Dennis Wayne Miller R. Hugh Lumpkin Miami, FL Alan Rosenthal Quin H. Martin Highlands, NJ Byrd R. Brown William S. Mills Durham, NC Thomas Franklin Loflin, III Bruce M. Mitchell San Antonio, TX Ellen B. Mitchell Bokwe G. Mofor New York, NY Michael Z. C. Okpala Emily J. Moskowitz West Hartford, CT Jack Ferentz Stephen D. Mossman Lincoln, NE George Roderic Anderson Thomas R. Mounteer Washington, DC Bruce W. Sanford Nora E. Norman Conroe, TX John Scott Fischer Maureen O'Connor Akron, OH James William Armstrong John Francis O'Hern Red Bank, NJ Nancy A. Hulett Teresa O'Toole Duluth, MN Joseph J. Mihalek Debra A. Owens Trenton, NJ Lisa Sarnoff Gochman Marc D. Padellaro Cambridge, MA John Livingston Kerr James Justice Partlow Sanford, FL Clayton Daniel Simmons Karl E. Pflanz New York, NY Richard Alfred Greenberg James Andrew Pitonyak Erie, PA Ronald James Susmarski Michael Joseph Pocchia Staten Island, NY Anthony Joseph Pocchia Kendra D. Presswood Sarasota, FL Daniel H. Kunkel

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596 MONDAY, MARCH 9, 1998

Applicant City and State Movant Bruce D. Reed Bala Cynwyd, PA Marco M. Rajkovich, Jr. Todd M. Richman Philadelphia, PA Donald C. Marino Laurence Ira Rothstein Middleton, NJ William J. O'Hagan, Jr. Kenneth Scott Roy Harrisburg, PA William Francis Ward Penny B. Rubin Albany, NY Lawrence G. Malone Thomas John Scheve Cincinnati, OH Philip L. Zorn, Jr. David Irving Schulman Los Angeles, CA Jon Warren Davidson Salvatore Joseph Serio Conyers, GA James E. Carter Thomas Clayton Simmons Bossier City, LA Roland Virgil McKneely, Jr. John Lyon Spray Lincoln, NE George Roderic Anderson Mary Alice Stearns San Francisco, CA James L. Donnelly, Jr. Charles Clayton Stebbins, Augusta, GA Lansing B. Lee, Jr. III Warren C. Stracener Sacramento, CA Paul M. Starkey Alison Taylor Harrisburg, PA Judge J. Michael Eakin Frances M. Ternus San Francisco, CA Matthew Henry Zwerling David Walsh-Little Baltimore, MD E. Clinton Bamberger, Jr. Wendy Alice Way Trenton, NJ Linda A. Rinaldi Stephen E. Webber Los Angeles, CA Errol Henry Stambler Michael J. Williams Trenton, NJ Linda K. Danielson Opinions

No. 967151. Debra Faye Lewis, Petitioner v. United States. On writ of certiorari to the United States Court of Appeals for the Fifth Cir- cuit. Judgment vacated, and case remanded to the United States Court of Appeals for the Fifth Circuit for further proceedings in conformity with the opinion of this Court. Opinion by Justice Breyer. Opinion by

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MONDAY, MARCH 9, 1998 597 Justice Scalia, with whom Justice Thomas joins, concurring in the judg- ment. Dissenting opinion by Justice Kennedy. No. 968653. Kevin D. Gray, Petitioner v. Maryland. On writ of cer- tiorari to the Court of Special Appeals of Maryland. Judgment vacated, and case remanded to the Court of Special Appeals of Maryland for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice Breyer. Dissenting opinion by Justice Scalia, with whom The Chief Justice, Justice Kennedy, and Justice Thomas join. No. 961470. Quality King Distributors, Inc., Petitioner v. L'Anza Research International, Inc. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment reversed, and case remanded to the United States Court of Appeals for the Ninth Circuit for further proceedings in conformity with the opinion of this Court. Opinion by Justice Stevens announced by The Chief Justice. Concur- ring opinion by Justice Ginsburg.

Admissions to the Bar on Oral Motions Applicant City and State Movant Allan J. Eurek Lincoln, NE Christopher A. McLean Lisa J. Roberts New York, NY Stephen Sedensky, III Kevin Paige Wigenton Red Bank, NJ Bobby B. Stafford Juanita B. Sales Huntsville, AL Walter Burl Huffman Michael Thomas Burmeister Sacramento, CA Walter Burl Huffman Theresa Ann Gallagher Atwater, CA Walter Burl Huffman Claes Hastings Lewenhaupt San Mateo, CA Walter Burl Huffman Timothy P. Bulman Charlottesville, Walter Burl VA Huffman Mark Tellitocci Washington, DC Walter Burl Huffman Michael G. McGovern Bronx, NY Walter Burl Huffman Benjamin B. Clancy Earlysville, VA Walter Burl Huffman Jamie Denise Eaker Titusville, FL Walter Burl Huffman

JNL97$0309-08-29-99 20:27:47 JOURNAPGT MILES

598 MONDAY, MARCH 9, 1998

Applicant City and State Movant Melinda Ann Comfort Charlottesville, Walter Burl VA Huffman John Michael Head Atlanta, GA Walter Burl Huffman Jody M. Hehr Charlottesville, Walter Burl VA Huffman Vanessa A. Crockford Richland, WA Walter Burl Huffman Charles David Hayes, Jr. Chicago, IL Walter Burl Huffman Michael E. Sainsbury Pawcatuck, CT Walter Burl Huffman Marian Amrein Atchison, KS Walter Burl Huffman Timothy M. Tuckey Cass City, MI Walter Burl Huffman Harper Mark Ewing Bridgeton, NJ Walter Burl Huffman Kerry Mahon Wheelehan Charlottesville, Walter Burl VA Huffman Michael J. Henry St. Paul, MN Walter Burl Huffman John Stuart Tweedy Irgens Cut Bank, MT Walter Burl Huffman Charlotte Ross Herring Charlottesville, Walter Burl VA Huffman James Michael Patterson Chatham, MA Walter Burl Huffman Douglas Jay Mueller Grand Forks, ND Walter Burl Huffman Thomas David Cook West Chester, PA Walter Burl Huffman Christopher Neil Hamilton Philadelphia, PA Walter Burl Huffman Joseph Charles Fetterman Cooperstown, NY Walter Burl Huffman Teresa Ann Smith Lawton, OK Walter Burl Huffman Jeffrey Stephen Willis Ventura, CA Walter Burl Huffman

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MONDAY, MARCH 9, 1998 599

Applicant City and State Movant Stephanie Anne Barna Pittsburgh, PA Walter Burl Huffman Patricia Ann Ham Bethlehem, PA Walter Burl Huffman David Paul Harney Rehoboth, MA Walter Burl Huffman Michael Dominick Isacco, Jr. Greenville, PA Walter Burl Huffman Michele Brumley Shields Charlottesville, Walter Burl VA Huffman Lara Lynn Jowers Columbia, SC Walter Burl Huffman Karen Victoria Fair Knoxville, TN Walter Burl Huffman Brenda J. Jarden Holter Houston, TX Walter Burl Huffman Robb Wansbrough Jefferson San Antonio, TX Walter Burl Huffman Daniel Antonio Lauretano El Paso, TX Walter Burl Huffman Walter Muller Hudson Charlottesville, Walter Burl VA Huffman Anthony David Jones Peoria, AZ Walter Burl Huffman Mary Elizabeth Harney Tacoma, WA Walter Burl Huffman Thomas A. Stafslien Janesvile, WI Walter Burl Huffman Carol R. Horne Atlanta, GA John E. Fenton, Jr. Diane Eileen Bissonnette Boston, MA John E. Fenton, Jr. Donald R. Bumiller Boston, MA John E. Fenton, Jr. Kevin R. Burchill Manasquan, NJ John E. Fenton, Jr. Miniard Culpepper Boston, MA John E. Fenton, Jr. James P. DeMaria Boston, MA John E. Fenton, Jr. Robert Joseph Crowley Methuen, MA John E. Fenton, Jr. LeBlanc Ricky A. LeBlanc Winchendon, MA John E. Fenton, Jr. Ruth A. McLaughlin Falmouth, MA John E. Fenton, Jr. John Vincent Revere, MA John E. Fenton, Jr. O'Callaghan

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600 MONDAY, MARCH 9, 1998

Applicant City and State Movant Robert J. O'Donnell Barnstable, MA John E. Fenton, Jr. Eric Robert Stanco Washington, DC John E. Fenton, Jr. Kimberly Ellen Nelson Boston, MA John E. Fenton, Jr. Winter

Adjourned until Monday, March 23, 1998, at 10 o'clock.

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(JOURNAL) WEDNESDAY, MARCH 11, 1998 601 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Certiorari Denied No. 978156. Jerry Lee Hogue, Petitioner v. Gary L. Johnson, Direc- tor, Texas Department of Criminal Justice, Institutional Division. Ap- plication for stay of execution of sentence of death presented to Justice Scalia and by him referred to the Court denied. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Stevens and Justice Ginsburg would grant the applica- tion for stay of execution.

JNL97$0317-03-21-98 12:21:23 JOURNAPGT MILES

(JOURNAL) TUESDAY, MARCH 17, 1998 603 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Rehearing Denied No. 977022. Milton Griffin-El, Petitioner v. Michael Bowersox, Superintendent, Potosi Correctional Center. Application for stay of ex- ecution of sentence of death presented to Justice Thomas and by him referred to the Court denied. Petition for rehearing denied.

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(JOURNAL) WEDNESDAY, MARCH 18, 1998 605 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Order In Pending Case No. A695. Douglas M. Buchanan, Jr., Applicant v. James S. Gilmore, III, Governor of Virginia, et al. Application for stay of execution of sentence of death presented to The Chief Justice and by him referred to the Court denied.

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(JOURNAL) FRIDAY, MARCH 20, 1998 607 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Order In Pending Case No. 97679. American Telephone and Telegraph Company, Petitioner v. Central Office Telephone, Inc. Motion of respondent to permit Ad Hoc Telecommunications Users Committee, et al., to present argument as amici curiae denied. Justice O'Connor took no part in the consider- ation or decision of this motion.

Certiorari Denied No. 977646. Leo Alexander Jones, Petitioner v. Florida. Petition for writ of certiorari to Supreme Court of Florida denied.

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(JOURNAL) SUNDAY, MARCH 22, 1998 609 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Certiorari Denied No. 978377. Gerald Eugene Stano, Petitioner v. Florida. Application for stay of execution of sentence of death presented to Justice Kennedy and by him referred to the Court denied. Petition for writ of certiorari to the Supreme Court of Florida denied.

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(JOURNAL) MONDAY, MARCH 23, 1998 611 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer. The Chief Justice said: "Today's orders of the Court have been certified by The Chief Jus- tice, filed with the Clerk, and will not be announced orally."

Opinion Per Curiam

No. 97954. Janice E. Hetzel, Petitioner v. Prince William County, Virginia, and Charlie T. Deane. On petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit. Petition for writ of certiorari granted. Judgment of the United States Court of Appeals for the Fourth Circuit issuing writ of mandamus to the United States District Court for the Eastern District of Virginia reversed, and case remanded for further proceedings in with the opinion of this Court. Opinion per curiam.

Certiorari-Summary Disposition No. 967726. James M. Lewis, Petitioner v. United States. On peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Fifth Circuit for further consideration in light of Lewis v. United States, 523 U. S. (1998).

Orders in Pending Cases

No. M49. Velma L. Brown, Petitioner v. General Telephone Com- pany of California. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time under Rule 14.5 denied. No. M50. Bertha Mae Tabbytite, Petitioner v. Municipality of An- chorage, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time under Rule 14.5 denied. No. M51. Gregory L. Rich, Petitioner v. Michael Bruce. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied.

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612 MONDAY, MARCH 23, 1998 No. M53. Edward Leon Miller, Petitioner v. United States. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M54. Larry Winsett, Petitioner v. Odie Washington, Warden. Motion to direct the Clerk to file a petition for writ of certiorari out-of- time denied. No. M52. Rigoberto Sanchez-Velasco, Petitioner v. Florida. Motion for leave to proceed in forma pauperis without an affidavit of indi- gency executed by petitioner denied. No. 97634. Pennsylvania Department of Corrections, et al., Peti- tioners v. Ronald R. Yeskey. Motion of Republican Caucus of Pennsyl- vania House of Representatives for leave to file a brief as amicus cu- riae granted. No. 97689. Bonnie L. Geissal, Beneficiary and Representative of the Estate of James W. Geissal, Deceased, Petitioner v. Moore Medical Corporation, et al. Motion of American Association of Retired Persons for leave to file a brief as amicus curiae granted. Motion of the Solici- tor General for leave to participate in oral argument as amicus curiae and for divided argument granted. No. 97873. United States, Petitioner v. Aloyzas Balsys. Motion of World Jewish Congress and Holocaust Survivors, et al., for leave to file a brief as amici curiae granted. No. 977385. In Re Leon E. Cooper, Petitioner. Motion of petitioner for leave to proceed in forma pauperis denied. See Rule 39.8. Peti- tioner is allowed until April 13, 1998, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court. No. 977386. In Re Leon E. Cooper, Petitioner. Motion of petitioner for leave to proceed in forma pauperis denied. See Rule 39.8. Peti- tioner is allowed until April 13, 1998, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court. No. 977387. In Re Leon E. Cooper, Petitioner. Motion of petitioner for leave to proceed in forma pauperis denied. See Rule 39.8. Peti- tioner is allowed until April 13, 1998, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court. No. 977388. In Re Leon E. Cooper, Petitioner. Motion of petitioner for leave to proceed in forma pauperis denied. See Rule 39.8. Peti- tioner is allowed until April 13, 1998, within which to pay the docketing

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MONDAY, MARCH 23, 1998 613 fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court. No. 977821. Charles Hutchins, Petitioner v. United States. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner is allowed until April 13, 1998 within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.

Certiorari Granted No. 971056. Naomi Marquez, Petitioner v. Screen Actors Guild, Inc., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit granted. No. 961570. NYNEX Corporation, et al., Petitioners v. Discon, In- corporated. Motion of Association of the Bar of the City of New York for leave to file a brief as amicus curiae granted. Motion of Consumer Electronics Manufacturers Association for leave to file a brief as ami- cus curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit granted. No. 977597. Patrick Knowles, Petitioner v. Iowa. Motion of peti- tioner for leave to proceed in forma pauperis and petition for writ of certiorari to the Supreme Court of Iowa granted. No. 977213. Sylvester Mosley, Petitioner v. United States. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari to the United States Court of Appeals for the Third Circuit granted limited to Question 1 presented by the petition.

Certiorari Denied No. 97872. Thomas Roberson, III, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97878. City of Birmingham, Petitioner v. Scott Thomas Morro. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 97952. Pace Industries, Inc., dba Precision Industries, Inc., et al., Petitioners v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97977. Diamond Walnut Growers, Inc., Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

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614 MONDAY, MARCH 23, 1998 No. 97982. Gerald Garner, et ux., Petitioners v. Federal Deposit Insurance Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97990. Floyd E. Riley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97993. Florida, Petitioner v. Ronald Smith. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 97999. Softel, Inc., Petitioner v. Dragon Medical and Scientific Communications, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 971005. Victoria Doyle, et vir, Petitioners v. Volkswagen of America, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 971006. Church of Scientology International, et al., Petitioners v. Cult Awareness Network. Petition for writ of certiorari to the Su- preme Court of Illinois denied. No. 971012. Robert J. Coupe, Petitioner v. Federal Express Corpo- ration. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971018. Barbara Mitchell, et vir, Petitioners v. Collagen Corpo- ration. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 971032. Meehan Seaway Service Company, et al., Petitioners v. Director, Office of Workers' Compensation Programs, Department of Labor, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 971035. 440 Company, Petitioner v. Borough of Fort Lee, New Jersey, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 971039. Steven L. Merritt, et ux., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971041. Maenette B. Smith, et vir, Petitioners v. Maryland Na- tional Capital Park and Planning Commission, et al. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied. No. 971128. America West Airlines, Inc., Petitioner v. National Me- diation Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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MONDAY, MARCH 23, 1998 615 No. 971149. National Shipping Company of Saudia Arabia, Peti- tioner v. Moran Trade Corporation of Delaware, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 971171. Mary K. Oddino, Petitioner v. James M. Oddino, et al. Petition for writ of certiorari to the Supreme Court of California denied. No. 971173. Tom Bates, et al., Petitioners v. Bill Jones, Secretary of State of California, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971175. Entertainment Research Group, Inc., Petitioner v. Gen- esis Creative Group, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971183. Dove Valley Business Park Associates, Ltd., et al., Petitioners v. Board of County Commissioners of Arapahoe County, Colorado, et al. Petition for writ of certiorari to the Supreme Court of Colorado denied. No. 971188. Thornton Elliott, et al., Petitioners v. United Center, a Joint Venture fka Metro-Chicago Sports Stadium Joint Venture. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 971189. Mary Ann Smania, Petitioner v. Florida Bar. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 971190. Wayne Ichiji Yoshisato, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. No. 971196. John E. Burgess, Petitioner v. George G. Logan, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971200. James C. Wherry, Petitioner v. Iowa Supreme Court Board of Professional Ethics and Conduct. Petition for writ of certio- rari to the Supreme Court of Iowa denied. No. 971207. Robin Millet, etc., Petitioner v. Jack H. Woodward, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 971208. Dennis Makarewicz, et al., Petitioners v. American Ex- press Financial Advisors, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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616 MONDAY, MARCH 23, 1998 No. 971211. Charles Williams, Petitioner v. Yellow Freight Sys- tems, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 971212. George Webster, Petitioner v. Bert Bell/Pete Rozelle NFL Player Retirement Plan, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971213. Darlene Jenkins, Petitioner v. George W. Heintz and Bowman, Heintz, Boscia & McPhee. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 971214. Margaret Christian, Petitioner v. St. Anthony's Medical Center. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 971219. Victor Torbeck, et al., Petitioners v. Thomas S. Bozzo, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. No. 971223. Township of North Bergen, Petitioner v. National As- sociation for the Advancement of Colored People, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 971226. Hewlett-Packard Company, Petitioner v. Repeat-O- Type Stencil Manufacturing Corporation, Inc., and Fred Keen. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 971231. Naomi Treece, Petitioner v. Lyons Township High School, and Insurance Company of North America. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 971232. James C. McDaniel, Petitioner v. Appraisal Institute. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971233. Ron Paul, Sr., et al., Petitioners. v. A. Levy & J. Zen- tner Co. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971238. Robert A. Bourgeois, Petitioner v. Avondale Shipyards, Inc. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. No. 971240. Seth Berner, Petitioner v. Thomas E. Delahanty, II, Judge, Superior Court of Maine. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

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MONDAY, MARCH 23, 1998 617 No. 971251. Ramsey S. Agan, petitioner v. James Vaughn, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 971255. Stuart H. Smith, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971257. Earlene Polyak, Petitioner v. Thomas Hoadley, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 971258. David Simeon and Peter Zegler, Petitioners v. James E. Hardin, Jr., District Attorney for the Fourteenth Judicial District. Petition for writ of certiorari to the Court of Appeals of North Caro- lina denied. No. 971260. Clyde E. Clements, Jr., Petitioner v. Babcock & Wilcox Company, et al. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 971261. John W. Northen, Petitioner v. City of Chicago, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 971273. Lester J. Millet, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971276. Joseph D. Jones, Petitioner v. Federal Communications Commission. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 971279. Warren L. Brown, Petitioner v. H. Rollin Ives, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 971290. Miguel Velez, Petitioner v. Richard L. Stalder, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971293. Samir Taha, Petitioner v. Portland Taxi Cab Co., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971309. William S. Gilchrist, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 971313. Jack Warren Davis, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

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618 MONDAY, MARCH 23, 1998 No. 971314. John Daley, et al., Petitioners v. Commissioner, Depart- ment of Marine Resources of Maine. Petition for writ of certiorari to the Supreme Judicial Court of Maine denied. No. 971326. Peggy Susan O'Steen, Petitioner v. CSX Transporta- tion, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 971330. Don King, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 971334. Joseph J. Pickrel and James Robert Pickrel, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971335. Douglas W. Scott, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 971339. Bruce Buchbinder, Petitioner v. Commissioner of Inter- nal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971352. Dilip K. Chaudhuri, Petitioner v. Tennessee, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971373. Michael Lloyd, Petitioner v. Ronald Levine, Assistant United States Attorney, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 971383. Jane Roe, II, Petitioner v. Robert Butterworth, Attor- ney General of Florida. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975089. William Leroy Barnes, Petitioner v. North Carolina. Petition for writ of certiorari to the Supreme Court of North Caro- lina denied. No. 975269. Juan Ignacio Sanin, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 975388. Kevin J. Marinelli, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern District, denied. No. 975829. Eric Devon Green and Vincent Berry, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

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MONDAY, MARCH 23, 1998 619 No. 976126. James B. Helm, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976207. Troy Bellamy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976568. Keith R. Segien, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 976797. Otis Rudd, Petitioner v. Billye Forrest, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976863. James Manuel Romero, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 976886. Juvenile A, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977065. William B. Horne, Petitioner v. Brian Crozier, et al. Petition for writ of certiorari to the Supreme Court of South Dakota denied. No. 977117. James Robert Scott, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. No. 977193. Dennis O. Fraley, Petitioner v. Department of Justice, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 977448. Raymond Rochon, Petitioner v. Burl Cain, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977452. Robert Calvin Craig, Jr., Petitioner v. United States District Court for the Western District of North Carolina. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977458. Donald J. Roberts, Petitioner v. District Court of Ne- vada, Clark County, et al.; and Donald J. Roberts, Petitioner v. District Court of Nevada, Clark County, et al. Petition for writ of certiorari to the Supreme Court of Nevada denied.

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620 MONDAY, MARCH 23, 1998 No. 977459. Sandra Riddle, Petitioner v. City of Palmdale, Califor- nia, et al. Petition for writ of certiorari to the Court of Appeal of Cali- fornia, Second Appellate District, denied. No. 977467. Clydell Coleman, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 977474. Charles L. Novosad, Jr., Petitioner v. New Mexico Board of Pharmacy, et al. Petition for writ of certiorari to the Supreme Court of New Mexico denied. No. 977475. Bernard Lambright, Petitioner v. United States Court of Appeals for the Fourth Circuit. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977476. Charles Johnson, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. No. 977480. Angel Tomas Pedroso, Petitioner v. Burl Cain, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977484. Denny Milian, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Third District, denied. No. 977485. Albert Brown, Petitioner v. Florida. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977487. William Blackshaw, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied. No. 977489. Gary G. Karagianes, Petitioner v. Janice L. Karagianes, et al. Petition for writ of certiorari to the Supreme Court of Hawaii denied. No. 977493. Florence A. Hall, Petitioner v. Shelby County Govern- ment, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 977500. William Sidney Harmon, Petitioner v. Oklahoma. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Okla- homa denied. No. 977504. Wallace A. Howard Jr., Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977505. Arthur Davis, Petitioner v. Larry E. DuBois, Commis- sioner, Massachusetts Department of Correction, et al. Petition for writ

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MONDAY, MARCH 23, 1998 621 of certiorari to the United States Court of Appeals for the First Cir- cuit denied. No. 977506. Valdemar Gomez, Jr., Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 977513. Kurby Gerald Decker, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977515. Robert Teffeteller, Petitioner v. Stephen H. Grimes, Chief Justice, Supreme Court of Florida, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied. No. 977520. Taalibdin Abdul Al-Amin, Petitioner v. Richard P. Seiter, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 977522. Chadwick D. Banks, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 977526. Darren Charles Williams, Petitioner v. California. Peti- tion for writ of certiorari to the Supreme Court of California denied. No. 977531. Adol T. Owen-Williams, Jr., Petitioner v. Merrill Lynch, Pierce, Fenner, and Smith, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977533. Guillermo Anzoategui and Arturo Delafuente, Petition- ers v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 977535. Marie Bandrup, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appel- late District, denied. No. 977536. Larry Cartwright, Petitioner v. Michigan. Petition for writ of certiorari to the Recorder's Court for the City of Detroit denied. No. 977537. Bradly Cunningham, Petitioner v. John A. Kitzhaber, Governor of Oregon. Petition for writ of certiorari to the Supreme Court of Oregon denied. No. 977543. Larry Patzlaff, Petitioner v. E. Steeves Smith, P.C. Pe- tition for writ of certiorari to the Supreme Court of South Dakota denied. No. 977547. Marcelino Ramos, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied.

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622 MONDAY, MARCH 23, 1998 No. 977552. Douglas West, Petitioner v. Richard Farber. Petition for writ of certiorari to the Court of Civil Appeals of Oklahoma, Fourth Division, denied. No. 977553. Al Ventimiglia, Petitioner v. Cindy Watter, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977560. Christopher J. Spreitz, Petitioner v. Arizona. Petition for writ of certiorari to the Supreme Court of Arizona denied. No. 977565. James Arthur Oimen, Petitioner v. Gary McCaughtry, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 977568. Robert Michael Shaw, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977569. William Preston, Petitioner v. Christine J. Bradley, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 977570. Dwayne M. Brown, Petitioner v. Indiana. Petition for writ of certiorari to the Court of Appeals of Indiana, First District, denied. No. 977576. Darius Mark Kimbrough, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 977577. Christopher Brodeur, Petitioner v. City of New York, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied. No. 977582. Frutoso Villarreal, Petitioner v. Florida Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977583. James Meredith Whitaker, Jr., Petitioner v. Nancy Page Whitaker, et al. Petition for writ of certiorari to the Court of Appeals of Tennessee, Western Division, denied. No. 977584. Ralph Jackson, Jr., Petitioner v. Jimmy Lewis, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977585. Edward Boufford, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth District, denied.

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MONDAY, MARCH 23, 1998 623 No. 977587. Donnie Ray Wilkinson, Petitioner v. James C. Sumner, Magistrate Judge, United States District Court for the Southern Dis- trict of Mississippi. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 977591. Lawrence Dunbar Smalley, Petitioner v. Federal Bu- reau of Prisons, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977595. Kenneth S. Benigni, Petitioner v. Cowles Media Com- pany, et al. Petition for writ of certiorari to the Court of Appeals of Minnesota denied. No. 977601. Graham Saunders Henry, Petitioner v. Arizona. Peti- tion for writ of certiorari to the Supreme Court of Arizona denied. No. 977604. Richard O. Gooden, Jr., Petitioner v. Arkansas. Petition for writ of certiorari to the Supreme Court of Arkansas denied. No. 977605. Melvin Green, Petitioner v. Ernest C. Roe, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977608. Bruce Flanagan, et ux., Petitioners v. Wells Fargo Bank, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977609. Leon H. Gray, Petitioner v. Theo White, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977613. Napoleon English, Petitioner v. Thomas F. Page, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. No. 977616. Kenneth MacKenzie, Petitioner v. Daniel L. Owens, et al. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. No. 977617. Clevon James Jenkins, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. No. 977626. David Washington, Petitioner v. Warren T. Diesslin, Western Regional Director, Colorado Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 977629. Otuma Bernard Agadaga, Petitioner v. Immigration and Naturalization Service. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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624 MONDAY, MARCH 23, 1998 No. 977641. Timothy Scott Cothren, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. No. 977648. Keljer King, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977650. Orlando Spann, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 977652. Barbara Schwarz, Petitioner v. Woodruff, Inc. Petition for writ of certiorari to the Supreme Court of Utah denied. No. 977659. Louis J. Gasero, Jr., Petitioner v. Gary L. Johnson, Di- rector, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977664. William Smith Palmer, Petitioner v. Joseph F. Mazur- kiewicz, Superintendent, State Correctional Institution at Rockview, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied. No. 977692. Lewis C. Henry, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied. No. 977695. Amy Lynn Altimus, Petitioner v. Department of De- fense, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 977704. Samuel B. Wallace, IV, Petitioner v. Donna E. Shalala, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977707. Terry Lee Young, Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 977708. Otis C. Stowe, Petitioner v. John H. Dalton, Secretary of the Navy. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977710. Carl Robert Christy, Petitioner v. Federal Bureau of Investigation. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 977736. LaWanda Collins, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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MONDAY, MARCH 23, 1998 625 No. 977748. Wymon Griffin, Petitioner v. Charlotte Memorial Hospi- tal and Medical Center, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977770. Edward C. Patterson, Petitioner v. Merit Systems Pro- tection Board. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 977773. Leon Logan, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977792. Herbert Leon Brewer, III, Petitioner v. Southern Pilot Insurance Company, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977798. Michael James Snider, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 977809. Gene Wesley Hartsell, aka Gene Wesley Gabe Hartsell, and Keith Norland Eidson, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977818. Michael Saul Scherzer, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977823. W. Eugene Manning, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977824. Christopher E. Anderson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977827. Jerome Eureese Baker, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977830. Donald J. Minniecheske, Petitioner v. Wisconsin. Peti- tion for writ of certiorari to the Court of Appeals of Wisconsin, District III, denied. No. 977832. Walter Jones, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

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626 MONDAY, MARCH 23, 1998 No. 977834. Norman T., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 977838. Anthony Brett Phillips, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977839. Steve Story, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977845. Keri Porter, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 977848. Colin D. Heaton, II, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Armed Forces denied. No. 977851. William Robert Gray, Jr., Petitioner v. North Carolina. Petition for writ of certiorari to the Supreme Court of North Caro- lina denied. No. 977854. Michael Hogan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 977858. Donald Lee Craig, Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 977860. James J. Weaver, Petitioner v. School Board of Leon County, Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 977870. Clive Hurst, Petitioner v. North Carolina. Petition for writ of certiorari to the Court of Appeals of North Carolina denied. No. 977871. Michael Daly, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 977879. Stanley Westmoreland, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 977883. James DeWig, Petitioner v. Terry L. Stewart, Director, Arizona Department of Correction, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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MONDAY, MARCH 23, 1998 627 No. 977886. Daryl E. Nimrod, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 977897. Frank Edward Taylor, aka Ski, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977899. Carlos Antonio Lujan, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977900. Donald Ray Moore, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977903. Thomas R. Hochschild, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 977905. Joseph Lynn Francis, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977906. Alfredo Gonzalez, Petitioner v. George DeTella, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. No. 977909. Robert L. Donovan, Petitioner v. Wayne Strack, Super- intendent, Fishkill Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 977910. Garry David Gallardo, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977911. Manuel Escobar-Venzor, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 977914. Alfredo Carlos Garcia-Rosell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977917. Axel Herrera, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 977918. Pedro Ortega Ramirez, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

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628 MONDAY, MARCH 23, 1998 No. 977919. Linnell Richmond, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 977922. DeShawn Larry, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 977923. Janet Rose McDermott, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977925. Paul N. Johnson, aka PA, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 977927. Shawnae Raynee Mills, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. No. 977929. Marlese Flavia Anderson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977932. James Bahe, Sr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 977933. Gearold Black, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 977934. Omar Torres-Montalvo and Jorge Luis Pacheco, Peti- tioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 977938. Katherine Pappadopoulos, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977939. Miguel Enrique Reyna, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977941. Alberto Calderon, Petitioner v. United States; and No. 977942. Juan Vincent Caderno, Petitioner v. United States. Pe- titions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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MONDAY, MARCH 23, 1998 629 No. 977943. Jerry Craig Coleman, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 977944. Clayton F. Manson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977949. Kongxay Soumphonphankdy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 977950. Dwayne Harold Smith, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 977951. Emanuel Thomas Newman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 977952. Leonardo Rubio-Barrero, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 977954. Melvin Leon Williams, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977955. James Jason Tinder, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977957. Cedric McIntosh, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 977963. Omar Antonio Anchico-Mosquera, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977967. Gary Lloyd Bruce, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 977971. Ralph R. Gross, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 977972. Ronald Louis Desdune, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

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630 MONDAY, MARCH 23, 1998 No. 977974. Kurt Eric Moore, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 977975. Manuel Diaz Sanchez, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 977980. Absalon Gonzales, aka Absalon Gonzalez-Jimenez, Peti- tioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 977981. Clifford C. Hicks, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977982. Len E. Davis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977984. Roberto Gonzalez-Diaz, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977987. Deryl C. Everette, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977992. Paul D. Ahrens, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 977994. Arthur Rex Rochelle, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977995. John Sciarrotta, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 978001. Dwight Knibbs, aka Paul Bougle, aka Jamaican Paul, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978003. Dwayne Keith Fitzen, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978004. Hugo A. Mora-Medrano, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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MONDAY, MARCH 23, 1998 631 No. 978008. Ignacio Carrillo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978010. Jose Eli Aquilar-Avellaveda, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 978012. Albert Betemit, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978018. Edith Faye Wacker, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 978021. Terrill Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978022. James A. Berger, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978024. Albert Dean Cain, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978039. David S. Gravens, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 978040. Shawn Hickman, aka Fat Shawn, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978041. Cristela Marilu Gonzalez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978044. Alfredo Gutierrez-Daniez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 978045. Uriel Hernandez, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978050. Billy Ross Moudy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

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632 MONDAY, MARCH 23, 1998 No. 978052. Johnny L. Butler, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 978053. John Michael Cerceo, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978062. Robert Lewis Smith, Petitioner v. United States; and No. 978081. Stephen M. Bynes, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 978064. James A. McGee, aka James Allen McGee, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 978065. Edward Walker, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 978066. David Roy Tompkins, aka David Roy Yates, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978070. Mark Dennard Hoyle, John Warren McCollough, An- thony Monroe Goldston, and Marion Bernard Harris, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 978080. Wayne Anderson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 978088. Lloyd A. Dominguez, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978089. William J. Gerard, Sr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 97715. Hector Guerra, Petitioner v. Mary Ann Carlo. Motion of Criminal Justice Legal Foundation for leave to file a brief as amicus curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97934. George V. Voinovich, Governor of Ohio, et al., Petition- ers v. Women's Medical Professional Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth

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MONDAY, MARCH 23, 1998 633 Circuit denied. Dissenting opinion by Justice Thomas with whom The Chief Justice and Justice Scalia join. No. 97998. United States ex rel., Stanley Rabushka and Stanley Rabushka, Petitioners v. Crane Company. Motion of Taxpayers Against Fraud, et al., for leave to file a brief as amici curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 971148. AmeriSource Corporation, et al., Petitioners v. HJB, Inc., et al.; and No. 971152. Abbott Laboratories, et al., Petitioners v. HJB, Inc., et al. Petitions for writs of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. Justice O'Connor took no part in the consideration or decision of these petitions. No. 971177. E. J. Company, et al., Petitioners v. Sandvik Aktiebolag. Motion of Tool Crib, Inc., for leave to file a brief as amicus curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 971202. Florida, Petitioner v. Leonardo Franqui. Motion of re- spondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 971203. Florida, Petitioner v. Leonardo Franqui. Motion of re- spondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the Supreme Court of Florida denied.

Habeas Corpus Denied

No. 977947. In Re Kevin Rondeau, Petitioner; No. 978005. In Re Gary Eugene Kukes, Petitioner; No. 978009. In Re Manuel Castaneda, Petitioner; and No. 978057. In Re Eddie Barrett, Petitioner. Petitions for writs of habeas corpus denied.

Mandamus Denied

No. 97969. In Re David Keanu Sai, etc., Petitioner; No. 977512. In Re Jerry Lee Alston, Jr., Petitioner; and No. 977542. In Re Larry Patzlaff, Petitioner. Petitions for writs of mandamus denied. No. 977731. In Re Ernest Lee Johnson, Petitioner. Petition for writ of mandamus and/or prohibition denied.

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634 MONDAY, MARCH 23, 1998 Prohibition Denied

No. 977572. In Re Lindsey K. Springer, Petitioner. Petition for writ of prohibition denied.

Rehearings Denied

No. 968926. Micual D. Carson, Petitioner v. Charter Medical; No. 97365. Kimberly Brandt, Petitioner v. Shop'n Save Warehouse Foods, Inc.; No. 97404. Cynthia J. Fisher, Petitioner v. Vassar College; No. 97499. Judith A. Feltmann, Petitioner v. Sieben, Inc., dba Plaza Motors; No. 97602. Park B. Banks, Petitioner v. United States; No. 97817. Ruben Martin, Petitioner v. Goodyear Auto Service Center; No. 975757. Willie Frank Gravette, Petitioner v. United States; No. 975823. George R. Jordan, Jr., Petitioner v. United States; No. 976082. Larry Donnell Gaither, Petitioner v. James B. French, Warden; No. 976277. Lucrecia Lynn Monroe, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division; No. 976472. Garry Lee Moore, Petitioner v. James V. Anderson, Superintendent, Mississippi State Penitentiary, et al.; No. 976486. Thomas E. Rodriguez, Petitioner v. William R. Watts, et al.; No. 976567. Imo John Akpaeti, Petitioner v. Florida District Court of Appeal, Third District; and Imo John Akpaeti, Petitioner v. Terra- nova Corporation; No. 976626. Lorraine Poole, Petitioner v. William O. Whitehurst, Jr., et al.; No. 976682. Dale M. L. Denney, Petitioner v. Jerome R. Jones; No. 976696. John E. Simmons, Petitioner v. GTE North, Inc., et al.; No. 976701. Leonardo Antonio Vicente-Guzman, Petitioner v. Immi- gration and Naturalization Service; No. 976724. Onesimo Cedillo, Petitioner v. United States; No. 976762. Imo John Akpaeti, Petitioner v. Kentucky; No. 976773. Anthony Porter, Petitioner v. Jerry Gilmore, Warden; No. 976792. Michael McCoy, Petitioner v. United States; No. 976837. Eddie Tyler, Petitioner v. Wayne Scott, Former Direc- tor, Texas Department of Criminal Justice, Institutional Division, et al.;

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MONDAY, MARCH 23, 1998 635 No. 976842. John Wesley Banos, Petitioner v. Gary L. Johnson, Di- rector, Texas Department of Criminal Justice, Institutional Division; No. 976894. Laura Darne, Petitioner v. Fredric Weber; No. 977020. Arturo Solis, Petitioner v. United States; No. 977028. Laura Darne, Petitioner v. Wisconsin, et al.; No. 977055. Marquita Palmer, Petitioner v. Circuit Court of Illinois, Cook County; and No. 977265. Clyde Garcia Cropp and Troy Dennis Cropp, Petition- ers v. United States. Petitions for rehearing denied. No. 97832. Gary Dale Hines, Petitioner v. California. Motion of peti- tioner for leave to proceed further herein in forma pauperis granted. Petition for rehearing denied.

Attorney Discipline

No. D1880. In the Matter of Disbarment of Michael Richards John- son. Disbarment order entered. No. D1883. In the Matter of Disbarment of Robert G. Fierer. Dis- barment order entered. No. D1888. In the Matter of Disbarment of Patrick Shawn Moore. Disbarment order entered. No. D1892. In the Matter of Disbarment of Richard Hughes Pairo. Disbarment order entered. No. D1894. In the Matter of Disbarment of Robert Michael Chris- tie. Disbarment order entered. No. D1896. In the Matter of Disbarment of William Joseph Barnt- house. Disbarment order entered. No. D1897. In the Matter of Disbarment of H. Roger Hantman. Disbarment order entered. No. D1898. In the Matter of Disbarment of Benjamin A. Poreda. Disbarment order entered. No. D1899. In the Matter of Disbarment of Mark E. Gammons. Disbarment order entered. No. D1901. In the Matter of Disbarment of Morley M. Azorsky. Disbarment order entered. No. D1902. In the Matter of Disbarment of Timothy Martin Gard- ner. Disbarment order entered. No. D1904. In the Matter of Disbarment of Hillard Jay Quint. Dis- barment order entered.

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636 MONDAY, MARCH 23, 1998 No. D1907. In the Matter of Disbarment of David H. Rome. Disbar- ment order entered. No. D1919. In the Matter of Disbarment of Charles Henry White, Sr. Charles Henry White, Sr., of New Orleans, Louisiana, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1920. In the Matter of Disbarment of Brian Keith Schaner. Brian Keith Schaner, of Cleveland Heights, Ohio, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1921. In the Matter of Disbarment of Robert Kenneth Brown. Robert Kenneth Brown, of Fresno, California, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1922. In the Matter of Disbarment of Stanley Z. Goldflam. Stanley Z. Goldflam, of Los Angeles, California, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1923. In the Matter of Disbarment of Richard Miles McGo- wen. Richard Miles McGowen, of Los Altos, California, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1924. In the Matter of Disbarment of James Paul Montague. James Paul Montague, of San Diego, California, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1925. In the Matter of Disbarment of Arthur Theodore Hin- din. Arthur Theodore Hindin, of Beverly Hills, California, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

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MONDAY, MARCH 23, 1998 637 Admissions to the Bar on Written Motions Applicant City and State Movant Steven Henry Aden Charlottesville, John W. VA Whitehead Rex R. Anderegg Milwaukee, WI James Rebholz Patrick J. Anderson Wauwatosa, WI William J. Mulligan Jill Patricia Armour San Diego, CA Melvin Roger Segal William Grover Arnett Salyersville, KY Lizbeth Ann Tully Kim J. Askew Dallas, TX Darrell E. Jordan Garrett Noble Barket Jacksonville, FL Sol H. Proctor Richard Lee Barrett Orlando, FL Ralph Steven Ruta Susan Lawrence Bookout Alpine, CA Wendy Cathrine Forward Lennox C. Bower Dallas, TX Edward B. Cloutman, III Michael Steven Brandt Stateline, NV Jeffrey J. Parish William O. Bronson Great Falls, MT Martin Haet Sinclair Craig W. Budner Dallas, TX Darrell E. Jordan Anita E. Burgess Lubbock, TX Linda L. Chamales Kevin Michael Cafferkey Cleveland, OH John Brendan Gibbons Nicholas J. Casenta, Jr. Downington, PA Anthony A. Sarcione Mitchell Paul Chabraja Anderson, IN John Eugene Eisele John A. Chandler Atlanta, GA Alfred A. Lindseth Edward Watson Clary St. Mary's, GA Orville Brent Green Bradford Colbert Minneapolis, MN Lawrence Hammerling Keith Rayne Jules Comeaux New Iberia, LA Bernard Edward Boudreaux, Jr David J. Crotta, Jr. New Haven, CT Robert G. Oliver Michael K. Davis Sheridan, WY Robert W. Connor, Jr.

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638 MONDAY, MARCH 23, 1998

Applicant City and State Movant Rhoda Wilkinson Domingo San Francisco, CA Jack Isidore Kaiser Edward E. Dove Lexington, KY Fred E. Peters Dennis Michael Dudley East Lansing, MI Stephen J. Markman Timothy Lee Eidson Adel, GA Roger J. Dodd John Foster Elwood Houston, TX Steven Joseph Kherkher Patricia Lang Farnsworth Boston, MA Evan Thomas Lawson John Anthony Fatica Cleveland, OH Michael Chaim Hennenberg John G. Fenn Sheridan, WY Robert W. Connor, Jr. Jacklyn J. Ford Columbus, OH Jonathan Ross Vaughn James Edward Forde Garden City, NY Charles Dodgson Brown Adam P. Forman Boston, MA Eric A. Deutsch William Alton Frazell Austin, TX Daniel M. Landry, III Jessica Katherine Frazier Santa Monica, CA Stuart Prentiss Herman Andrew Joseph Garger New York, NY Robert F. Brodegaard Edwin Lee Gavin, II Raleigh, NC Andrew A. Vanore, Jr. David Michael Genender Dallas, TX Catharina J. H. D. Haynes Paul J. Giblin, Sr. Oradell, NJ Thomas J. Biamonte Salvatore M. Giorlandino Southborough, Douglas Herbert MA Wilkins Marcia J. Gleeson Avon, CT Thomas P. Barrett Richard L. Gorman Houston, TX Edward D. Vickery Jannai Charlana Goslee Baltimore, MD Burton Harry Levin James Mixon Griffin Columbia, SC Richard A. Harpootlian Peter D. Guattery Baltimore, MD Stephen B. Caplis

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MONDAY, MARCH 23, 1998 639

Applicant City and State Movant John A. Guerra San Antonio, TX Wallace Bernard Jefferson John Phillip Haney St. Martinville, Bernard Edward LA Boudreaux, Jr Stephen J. Harlen Philadelphia, PA Richard D. Harburg Jeff C. Hartsell Lubbock, TX Linda L. Chamales Kenneth G. Haynes Louisville, KY Virginia Hamilton Snell Francois G. Henriquez, II Lawrence, KS Gilbert Theodore Schwartz Kenneth D. Hoffman San Francisco, CA Robert Allan Rosenfeld William H. Hollander Louisville, KY Virginia Hamilton Snell Cheri T. Holley Quincy, IL Gene Raymond La Suer Lee Hornberger Cincinnati, OH Paul H. Tobias David Michael Janas Washington, DC Albert H. Kramer Melvin James Jews Baltimore, MD Burton Harry Levin Neville Lawrence Johnson Los Angeles, CA Joseph F. Hart James P. Joseph Washignton, DC Stanford G. Ross Gerald Kaplan New York, NY Matthew Joel Zinn Booth M. Kelly, Jr. Westbrook, CT David A. Kelly Brian Christopher Kelly Riverside, CT Bruce James Ennis, Jr. Maurice Gibson Kenner Decatur, GA Edward E. Carriere, Jr. Robert Ware Killorin Atlanta, GA Edward Wylly Killorin Geoffrey Morris Klineberg Washington, DC Honorable Justice Harry A. Blackmun, Associate Justice of the Supreme Court, Retired

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640 MONDAY, MARCH 23, 1998

Applicant City and State Movant Stephen J. Kottmeier San Jose, CA Sherwood M. Sullivan Alan G. Krams New York, NY John Hogrogian Seth Kupferberg New York, NY I. Philip Sipser David Leibowitz Baltimore, MD Burton Harry Levin Michael B. Levin Palo Alto, CA Michael Barclay Velma K. Lim Stockton, CA Stanley Arthur Cross Patricia H. Lyon San Francisco, CA Keith A. Kandarian Sussan Lee Mahallati Washington, DC Robin S. Conrad Irving Marmer Boston, MA Brian R. Merrick Gary L. Mason Marlboro, NJ Christine Cartwright John Hamilton Miglionico Birmingham, AL Samuel Anthony Rumore, Jr. Peter A. Moir Dallas, TX Catharina J. H. D. Haynes Mary Elizabeth Monahan Washington, DC William Hazlitt Morris Arnold Carmichael Moore, Richmond, VA Wyatt B. Jr. Durrette, Jr. Colby Shannon Morgan, Jr. Memphis, TN James Riley Mulroy Karen Elizabeth Morth New York, NY Arnold A. Stahl Scott R. Mosko San Jose, CA David W. Mitchell Michaelina Brady Murphy Boise, ID Myrna Anne Itzen Stahman Jonathan Jacob Nadler Washington, DC Scott Thomas Kragie Steven Brian Nanners Buckhannon, WV R. Russell Stobbs Joseph B. Nix, Jr. Evergreen, AL William Dudley Melton Chris J. North Columbus, OH Aaron Philip Rosenfeld Dee Ann O'Hair Cleveland, OH Martin Robert Flanagan

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MONDAY, MARCH 23, 1998 641

Applicant City and State Movant Shellie Harvey O'Hara Orlando, FL Hubbard Henry Harvey Michael Matthew Oleske New York, NY Matthew Joel Zinn Sheryl Cudd Blenis Columbia, SC Jean Hoefer Toal Ortmann J. Bentley Owens, III Birmingham, AL Carol Ann Smith Andrico O. Penick San Francisco, CA Michael J. O'Toole Susan Elizabeth Powley Dallas, TX Jerry Robin Selinger Keith A. Rabenberg St. Louis, MO Clark H. Cole Lazar P. Raynal Chicago, IL Byron L. Gregory Mark Edward Reinhold Tampa, FL Jack W. Crooks Kenneth L. Riche Baton Rouge, LA William H. Cooper Jesse L. Riddle Sandy, UT Bruce Hall Bruce Joel Robbins Clearwater, FL Julius J. Zschau Jacqueline Jean Roerink San Antonio, TX Wallace Bernard Jefferson Samuel Joseph Roser St. Johns, AZ Richard Hanson Gregory Drew Russell Columbus, OH M. Howard Petricoff Sarah J. Ryan Portland, OR Bruce M. Hall Milan Bo Samargya Orlando, FL Frank J. Bankowitz Richard L. Scheff Philadelphia, PA David H. Marion John Henry Scherer St. Cloud, MN Steven Robert Schwegman Daniel M. Shanley Los Angeles, CA John Thomas DeCarlo William D. Siegel New York, NY Bruce James Ennis, Jr. Miriam Skolnik New York, NY David B. Hamm Michael Anthony Somma Vestal, NY Eric Bertel Lee Michael Kaipoleimanu Lihue, HI Max W. J. Soong Graham, Jr. Joseph J. Sorota, Jr. Clearwater, FL Julius J. Zschau Gregory G. Spaulding Santa Rosa, CA Douglas K. Spaulding Robert Owen Steine Aurora, CO Arlen Stanley Ambrose

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642 MONDAY, MARCH 23, 1998

Applicant City and State Movant Roger H. Stewart Elko, NV James P. Logan, Jr. Michael Joseph Sullivan Vestal, NY Eric Bertel Lee Malcolm K. Sullivan Forsyth, GA David Mark Baxter Scott G. Swanson Virginia, MN Marie L. Wolf Elizabeth Vranicar Tanis Atlanta, GA Alfred A. Lindseth Joseph Peter VanHeest Montgomery, AL Stephen R. Glassroth Joseph Edward Walden Alabaster, AL Richard Warren Bell Michael B. Walker Austin, TX Michael R. Davis Mona Lisa Wallace Salisbury, NC David Victor Brooks Gail Katherine Thuman Annapolis, MD David Alan Watson Plymyer Kenneth L. Wayman Costa Mesa, CA John D. Ashcroft John M. Woods New York, NY Charles Dodgson Brown Bradley Charles Wright Fairfax, VA William C. Bryson Lisa Marie Zarlenga Washington, DC Matthew Joel Zinn Craig Alan Zimmett Miami, FL Blair I. Zimmett

Admissions to the Bar on Oral Motions Applicant City and State Movant

Cynthia Howard Peterson Jamestown, NY Cynthia June Rapp Gregory Lyle Peterson Jamestown, NY Cynthia June Rapp Lawrence Howard Kolin Winter Park, FL Alisa B. Klein Jonathan Remy Nash Douglaston, NY Lee Ann Anderson McCall Paul Rudolph Reichert Washington, DC Robert Howard Klonoff Deborah J. Bischof Buffalo, NY Dennis James Bischof

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MONDAY, MARCH 23, 1998 643

Applicant City and State Movant Sharon Lynn Nosenchuck Buffalo, NY Dennis James Bischof Kathleen Niagara Falls, NY Dennis James Wojtaszek-Gariano Bischof Thomas E. Wojtaszek North Tonawanda, Dennis James NY Bischof Henry F. Wojtaszek North Tonawanda, Dennis James NY Bischof Paul B. Wojtraszeck North Tonawanda, Denis James NY Bischof

Oral Arguments

No. 961654. Frank J. Muscarello, Petitioner v. United States; and No. 968837. Donald E. Cleveland and Enrique Gray-Santana, Peti- tioners v. United States. Argued by Mr. Robert H. Klonoff for the petitioner in No. 96-1654, by Mr. Norman S. Zalkind, appointed by this Court, for petitioners in No. 96-8837, and by Mr. James A. Feldman for the respondent. No. 97428. Air Line Pilots Association, Petitioner v. Robert Miller, et al. Argued by Mr. Jerry S. Anker for the petitioner and by Mr. Raymond J. LaJeunesse, Jr., for the respondents. No. 97679. American Telephone and Telegraph Company, Petitioner v. Central Office Telephone, Inc. Argued by Mr. David W. Carpenter for the petitioner and by Mr. Bruce M. Hall for the respondent.

Adjourned until Tuesday, March 24, 1998, at 10 o'clock.

Order in Pending Case

No. A691. Milton Griffin-El, Applicant v. Michael Bowersox, Super- intendent, Potosi Correctional Center. Application for certificate of probable cause or, in the alternative, a certificate of appealability, and stay of execution of sentence of death presented to Justice Thomas and by him referred to the Court denied.

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644 MONDAY, MARCH 23, 1998 Habeas Corpus Denied No. 978376. In Re Milton Griffin-El, Petitioner. Application for stay of execution of sentence of death presented to Justice Thomas and by him referred to the Court denied. Petition for writ of habeas of cor- pus denied.

Habeas Corpus Denied No. 978388. In Re Leo Alexander Jones, Petitioner. Application for stay of execution of sentence of death presented to Justice Kennedy and by him referred to the Court denied. Petition for writ of habeas corpus denied.

Certiorari Denied No. 978389. Leo Alexander Jones, Petitioner v. Florida. Application for stay of execution of sentence of death presented to Justice Kennedy and by him referred to the Court denied. Petition for writ of certiorari to the Supreme Court of Florida denied.

Certiorari Denied No. 978392. Leo Alexander Jones, Petitioner v. Florida. Application for stay of execution of sentence of death presented to Justice Kennedy and by him referred to the Court denied. Petition for writ of certiorari to the Supreme Court of Florida denied.

Mandamus Denied No. 978401. In Re Leo Alexander Jones, Petitioner. Application for stay of execution of sentence of death presented to Justice Thomas and by him referred to the Court denied. Petition for writ of mandamus and/or prohibition denied.

Certiorari Denied No. 978412. Leo Alexander Jones, Petitioner v. Florida. Application for stay of execution of sentence of death presented to Justice Kennedy and by him referred to the Court denied. Petition for writ of certiorari to the Supreme Court of Florida denied.

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MONDAY, MARCH 23, 1998 645

Certiorari Denied No. 978413. Leo Alexander Jones, Petitioner v. James Crosby, Superintendent, Florida State Prison, et al. Application for stay of exe- cution of sentence of death presented to Justice Kennedy and by him referred to the Court denied. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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(JOURNAL) TUESDAY, MARCH 24, 1998 647 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Opinions

No. 966839. Hugo Roman Almendarez-Torres, Petitioner v. United States. On writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Judgment affirmed. Opinion by Justice Breyer. Dissenting opinion by Justice Scalia, with whom Justice Stevens, Jus- tice Souter, and Justice Ginsburg join. No. 961923. Edward S. Cohen, Petitioner v. Hilda De La Cruz, et al. On writ of certiorari to the United States Court of Appeals for the Third Circuit. Judgment affirmed. Opinion by Justice O'Connor.

Admissions to the Bar on Oral Motions Applicant City and State Movant Robyn Beth Feibusch Palm Beach, FL Howard Charles Berman Gregg Stuart Lerman West Palm Beach, Howard Charles FL Berman Sue McCourt Cobb Coral Gables, FL Marlene Koch Silverman Robert Bryant Haik New Orleans, LA Robert G. Haik Larry L. Johnson Chicago, IL Thomas Carroll Kathleen L. Cavanaugh Lansing, MI Thomas L. Casey Robert P. Reichel Lansing, MI Thomas L. Casey Patricia R. Hefferan Wasilla, AK Gary E. Lockwood R. Richard Audley Berkeley, CA Gary E. Lockwood Edward Kenneth Placek, Jr. Honolulu, HI Gary E. Lockwood Sydney Eddy Brewster Salem, OR Gary E. Lockwood William Lewis Brunner Portland, OR Gary E. Lockwood Jacques P. DePlois Coos Bay, OR Gary E. Lockwood Robert L. Engle Woodburn, OR Gary E. Lockwood Rebecca Lee Hillyer Salem, OR Gary E. Lockwood Mitzi M. Naucler Salem, OR Gary E. Lockwood Steven Lee Patterson Sacramento, CA Gary E. Lockwood Ann Carol Postlewaite Portland, OR Gary E. Lockwood

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648 TUESDAY, MARCH 24, 1998

Applicant City and State Movant Brian Edward Smith Corvallis, OR Gary E. Lockwood Trent Thomas Whitford Salem, OR Gary E. Lockwood Robert M. Ackerman Salem, OR Gary E. Lockwood Ronald Clarke Mattson Renton, WA Gary E. Lockwood Gerald Foster Miller Vancouver, WA Gary E. Lockwood Bruce Stephen Potocki Ridley Park, PA Gary E. Lockwood

Oral Arguments No. 97454. United States, Petitioner v. Bestfoods, et al. Argued by Ms. Lois J. Schiffer for the petitioner and by Mr. Kenneth S. Geller for the respondents. No. 97391. Arthur Calderon, Warden, et al., Petitioners v. Troy Ashmus, etc. Argued by Mr. Ronald S. Matthias for the petitioners and by Mr. Michael Laurence for the respondent.

Adjourned until Wednesday, April 25, 1998, at 10 o'clock.

Certiorari Denied No. 978435. Milton T. Griffin-El, Petitioner v. Michael Bowersox, Superintendent, Potosi Correctional Center. Application for stay of ex- ecution of sentence of death presented to Justice Thomas and by him referred to the Court denied. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

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(JOURNAL) WEDNESDAY, MARCH 25, 1998 649 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Opinion No. 961769. Ohio Adult Parole Authority, et al., Petitioners v. Eu- gene Woodard. On writ of certiorari to the United States Court of Appeals for the Sixth Circuit. Judgment reversed, and case remanded to the United States Court of Appeals for the Sixth Circuit for further proceedings in conformity with the opinion of this Court. Opinion by Chief Justice Rehnquist. Opinion by Justice O'Connor, with whom Jus- tice Souter, Justice Ginsburg, and Justice Breyer join, concurring in part and concurring in the judgment. Opinion by Justice Stevens con- curring in part and dissenting in part.

Admissions to the Bar on Oral Motions Applicant City and State Movant Paul A. Doyle, Jr. Calabasas, CA Francis John Lorson Lisa Battalia Anthony Bethesda, MD Beth Susan Brinkmann David P. Carey Springfield, OH Stephen John Berg Anna Maria Cha´vez Phoenix, AZ Edward Victor Alphons Kussy Cynthia L. Estlund Austin, TX David D. Cole Mark James Hancock San Francisco, CA David Thomas Pimentel Yolanda S. Wu New York, NY Martha Frances Davis Paula A. Brantner San Francisco, CA David Benjamin Oppenheimer H. Candace Gorman Chicago, IL David Benjamin Oppenheimer Eileen Marilyn Wells Mankato, MN Henry W. Underhill, Jr. Brian Wayne Wells Charleston, WV Henry W. Underhill, Jr.

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650 WEDNESDAY, MARCH 25, 1998

Applicant City and State Movant Joseph A. Ables, Jr. Houston, TX Nathan Mark Ralls Thomas Anthony Cowen San Antonio, TX Nathan Mark Ralls Beth Ann Faragher Denver, CO William Robert Amlong Douglas G. Clancy Washington, DC William Robert Amlong Ephraim Roy Hess Fort Lauderdale, William Robert FL Amlong Colleen Kathryn Fort Lauderdale, William Robert O'Loughlin FL Amlong

Oral Arguments No. 97282. Beth Ann Faragher, Petitioner v. City of Boca Raton. Argued by Mr. William R. Amlong for the petitioner, Mr. Irving L. Gornstein for the United States as amicus curiae, by special leave of the Court, and by Mr. Harry A. Rissetto for the respondent. No. 961866. Alida Star Gebser and Alida Jean McCullough, Peti- tioners v. Lago Vista Independent School District. Argued by Mr. Terry L. Weldon for the petitioners, by Ms. Beth Susan Brinkmann for the United States as amicus curiae, by special leave of the Court, and by Mr. Wallace B. Jefferson for the respondent.

Adjourned until Monday, March 30, 1998, at 10 o'clock.

Certiorari Denied No. 978386. Ronald L. Watkins, Petitioner v. Ronald J. Angelone, Director, Virginia Department of Corrections. Application for stay of execution of sentence of death presented to The Chief Justice and by him referred to the Court denied. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Stevens and Justice Ginsburg would grant the application for stay of execution.

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(JOURNAL) SUNDAY, MARCH 29, 1998 651 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Certiorari Denied No. 978496. Judy Buenoano, Petitioner v. Florida. Application for stay of execution of sentence of death presented to Justice Kennedy and by him referred to the Court denied. Petition for writ of certiorari to the Supreme Court of Florida denied.

Habeas Corpus Denied No. 978497. In Re Judy Buenoano, Petitioner. Application for stay of execution of sentence of death presented to Justice Kennedy and by him referred to the Court denied. Petition for writ of habeas corpus denied.

Certiorari Denied No. 978498. Judy Buenoano, etc., Petitioners v. Florida. Application for stay of execution of sentence of death presented to Justice Kennedy and by him referred to the Court denied. Petition for writ of certiorari to the Supreme Court of Florida denied.

Certiorari Denied No. 978499. Judy Buenoano, Petitioner v. Florida. Application for stay of execution of sentence of death presented to Justice Kennedy and by him referred to the Court denied. Petition for writ of certiorari to the Supreme Court of Florida denied.

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(JOURNAL) MONDAY, MARCH 30, 1998 653 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer. The Chief Justice said: "Today's orders of the Court have been certified by The Chief Jus- tice, filed with the Clerk, and will not be announced orally."

Appeal-Summary Disposition No. 97988. Barney Quilter, Speaker Pro Tempore of the Ohio House of Representatives, et al., Appellants v. George V. Voinovich, Governor of Ohio, et al. Appeal from the United States District Court for the Northern District of Ohio. Judgment affirmed. Justice Scalia would note probable jurisdiction and set the case for oral argument.

Orders in Pending Cases No. A656. Samuel L. Green, et al., Applicants v. Carver State Bank, et al. Application for stay addressed to Justice Ginsburg and referred to the Court denied. No. M56. Charles Smiley, Petitioner v. United States. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time under Rule 14.5 denied. No. M57. E. K. McDaniel, Warden, et al., Petitioners v. Gerald Arm- ond Gallego. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M58. Hector Sanchez, Petitioner v. United States. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. 961581. South Dakota, Petitioner v. Yankton Sioux Tribe, et al. Motion of respondent Yankton Sioux Tribe to retax costs denied. No. 971319. Donna Madden Casselli, Petitioner v. Henry Casselli, Jr. Application for stay addressed to Justice Ginsburg and referred to the Court denied. No. 977615. Ronald Dwayne Whitfield, Petitioner v. Gary L. John- son, Director, Texas Department of Criminal Justice, Institutional Di- vision. Motion of petitioner for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner allowed until April 20, 1998, within

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654 MONDAY, MARCH 30, 1998 which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.

Certiorari Granted No. 971192. Swidler & Berlin and James Hamilton, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit granted. No. 971235. City of Monterey, Petitioner v. Del Monte Dunes at Monterey, Ltd., and Monterey-Del Monte Dunes Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted. No. 976203. Nathaniel Jones, Petitioner v. United States. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari to the United States Court of Appeals for the Ninth Cir- cuit granted. Certiorari Denied No. 966148. Manuel Najera-Ojeda, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 966234. Manuel Romero-Molina, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 966419. Luis Roberto Sanders, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 966567. Rita Killoran, aka Rita Gibson, aka Rita Probert, aka Rita El-Ech, Petitioner v. United States; and No. 966647. Ramiro Lopez-Rodriguez, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 967437. Ramon Alberto Padilla-Gallardo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 968426. Juan Antonio Platero-Umanzor, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 969131. Jose David Sanchez Melgar, aka Jose David Ramirez Sanchez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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MONDAY, MARCH 30, 1998 655 No. 97482. Gary K. Behrens, Petitioner v. Louisiana. Petition for writ of certiorari to the Court of Appeal of Louisiana, First Circuit, denied. No. 97960. K. R., an Infant, by Her Parents and Next Friends, et al., Petitioners v. Anderson Community School Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 971040. James C. Barnes, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971060. Mitchell & Neeley, Inc., Petitioner v. Director, Office of Workers' Compensation Programs, Department of Labor, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 971064. Mark E. Madden, Petitioner v. Hershel W. Gober, Act- ing Secretary of Veterans Affairs. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 971069. John H. Hapgood, Petitioner v. City of Warren. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971072. Virginia State Corporation Commission, et al., Peti- tioners v. Federal Communications Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 971078. Catherine A. Ghiglieri, etc., Petitioner v. Sun World National Association, et al.; and Catherine A. Ghiglieri, etc., Petitioner v. Eugene Ludwig, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971220. Sameth Svay and Lieu Uy, Petitioners v. City of At- lanta, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 971222. Don Ray Phinney, Petitioner v. First American Na- tional Bank, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971228. Los Angeles Police Department, et al., Petitioners v. Harry Perry, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971245. Fredrick D. Merrill, Petitioner v. Arizona State Bar. Petition for writ of certiorari to the Supreme Court of Arizona denied.

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656 MONDAY, MARCH 30, 1998 No. 971246. Cassan Enterprises, Inc., et al., Petitioners v. Chrysler Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971247. Jennell L. Branson, Petitioner v. Greyhound Lines, Inc., Amalgamated Council Retirement and Disability Plan. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Cir- cuit denied. No. 971250. Wesley Johnston, a Minor By His Parents and Natural Guardians, Domenica Johnston, et vir, et al., Petitioners v. Jennifer Gallant, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 971253. Jane Doe #102, Petitioner v. Georgia Department of Corrections. Petition for writ of certiorari to the Supreme Court of Georgia denied. No. 971272. William A. Kent, aka William A. Goichman, Petitioner v. City of Carmel, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971295. H. G. Gibson, Petitioner v. National Transportation Safety Board. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971299. Woodrow Williams, Jr., et ux., Petitioners v. Sherwin E. Turk, et ux. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied. No. 971301. Old Republic Union Insurance Company, Petitioner v. Tillis Trucking Company, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 971307. Regional Transportation District, Petitioner v. Elam Construction, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 971318. Betty Jean Rich, Individually and as Administratrix of the Estate of John Barry Rich, Deceased, and as Executrix of the Es- tate of Johnny N. Rich, Deceased, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971328. James Barlow Family Limited Partnership, et al., Peti- tioners v. David M. Munson, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 971338. Michael E. Grzelak, Petitioner v. U. S. Postal Service Designee. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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MONDAY, MARCH 30, 1998 657 No. 971347. Centricut, LLC, et al., Petitioners v. ESAB Group, In- corporated. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 971355. James A. Crochiere, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 971375. Michael G. New, Petitioner v. William S. Cohen, Secre- tary of Defense, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 971401. Carmen Tate, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 971413. Huey Love, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 971416. Patrick J. Earthly, et al., Petitioners v. City of Beverly Hills, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971419. Daniel Huereque-Mercado, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 971434. Bernard J. Dolenz, Petitioner v. Ted Martin Akin, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971447. Electronic Plating Company, et al., Petitioners v. Illi- nois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 975945. Martin Hernandez-Arias, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976448. Marin Vasquez-Cruz, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976710. Jesus San Miguel-Cruz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976775. Juan Rodriguez Ortiz, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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658 MONDAY, MARCH 30, 1998 No. 976822. Jose Hernandez-Jasso, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 976854. Salomon Garcia-Torres, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977069. Brian Forrett, Petitioner v. Linford Richardson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977202. Ruben Arturo Gonzalez Robles, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977203. Jesus Miguel Ochoa Ochoa, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977204. Salvador Aguilar Muniz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977218. Rafael Salazar-Navarro, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977241. Miguel Angel Vargas-Villa, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977250. Alfonso Saucedo-Hernandez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977251. Andres Carlos Basurto-Gomez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977253. Saul Rodriguez-Aviles, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977288. Jesus Torres-Servin, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977298. Michael Charles Jones, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

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MONDAY, MARCH 30, 1998 659 No. 977401. James Vincent Zankich, Petitioner v. W. H. Goy. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977578. Ediberto Ayala-Fernandez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977588. Jose Francisco Romero-Calderon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977649. Edwin Lee Jury, Jr., Petitioner v. Charlene Stewart, et al. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 977654. Esdras M. Fowler, Petitioner v. A. Campbell, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 977655. Elisha Gilbert, Petitioner v. Frank Sandage, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977656. Elisha Gilbert, Petitioner v. J. C. Moody, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977660. Patrick L. Higgins, Sr., Petitioner v. Mississippi, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977662. Arealous E. Hughes, Petitioner v. Colorado. Petition for writ of certiorari to the Court of Appeals of Colorado denied. No. 977667. Maurice P. Olivier-Ward, Petitioner v. Glenette Black- well, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977669. Raul Diaz, Petitioner v. Donald T. Vaughn, Superin- tendent, State Correctional Institution at Graterford, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 977673. John W. Winslow, Petitioner v. Charles Smith, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977675. Douglas W. Thompson, Petitioner v. Jeremiah W. Nixon, Attorney General of Missouri, et al. Petition for writ of certio-

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660 MONDAY, MARCH 30, 1998 rari to the United States Court of Appeals for the Eighth Circuit denied. No. 977678. Jesse Watson, Petitioner v. Bobby Boone, Warden. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Okla- homa denied. No. 977679. Jefferson McLamb, Petitioner v. John Keane, Superin- tendent, Sing Sing Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 977687. Douglas McPherson, Petitioner v. Arthur T. Kelsey, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 977689. Sergio Mendoza-Rojas, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977694. Iweka E. Okparaocha, Petitioner v. Lazarus, Inc. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 977697. Loran Cole, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 977700. Diane M. Rieger, Petitioner v. North Dakota. Petition for writ of certiorari to the Supreme Court of North Dakota denied. No. 977702. Larry A. Eaton, Petitioner v. William D. Gerdes. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 977706. Marco Antonio Rocha, Petitioner v. William E. Price, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 977711. Hubert Arvie, Petitioner v. Dorasel Lastrapes, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977712. Eugene Gray, Petitioner v. Chesterfield-Colonial Heights Department of Social Services. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 977721. James D. Maciel, Petitioner v. Michael Yarborough, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977740. Timothy L. Malumphy, Petitioner v. Chuck Ryan, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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MONDAY, MARCH 30, 1998 661 No. 977760. John T. Booz, Petitioner v. John Shanks, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 977777. Stephen K. Johns, Petitioner v. Michael Bowersox, Superintendent, Potosi Correctional Center. Petition for writ of certio- rari to the United States Court of Appeals for the Eighth Circuit denied. No. 977793. Sheila Alicia Maxwell, Petitioner v. United States Dis- trict Court for the Northern District of Florida. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied. No. 977797. David C. White, Petitioner v. W. T. Shearer, Sheriff, Adams County, Colorado, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 977814. Frank Kucernak, Petitioner v. Federal Bureau of Inves- tigation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977816. Levi Pace, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. No. 977840. Vincent Faustino Rivera, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 977847. Nathanael Roman, Petitioner v. Department of the Army. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 977849. Stuart Hoffman, Petitioner v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977887. Javier Lopez, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 977891. Robert W. Smith, Petitioner v. Martin L. Dragovich, Corrections Superintendent 2, State Correctional Institution at Maha- noy, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 977896. Bro Messiah Ali-Bey, Petitioner v. Department of Jus- tice, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

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662 MONDAY, MARCH 30, 1998 No. 977908. Robert Nelson Entrup, et ux., Petitioners v. Colorado, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied. No. 977935. Steve Allen Weldon, Petitioner v. James Ferguson, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 977936. Carroll Dean Williams, Petitioner v. Ventura County, California, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977958. Maurice J. McDonald, Petitioner v. Edward K. McDan- iels, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977968. Sydney Cooper, Petitioner v. K. W. Prunty, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977970. Lemoine Carter, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. No. 977998. William Stringer, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied. No. 977999. David Keith Lewis, Petitioner v. Cal Terhune, Director, California Department of Corrections, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Ninth Circuit denied. No. 978006. Bernard Allen Mayles, Petitioner v. Alfred J. Lechner, Jr., Judge, United States District Court for the District of New Jersey, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied. No. 978038. Robert Carl Foley, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied. No. 978047. Robert Flewelling Holt, Petitioner v. David G. Gray. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978051. Stanley Hall, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. No. 978055. Murleen Kay Kunzman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 978063. James Lamont Pitt, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

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MONDAY, MARCH 30, 1998 663 No. 978077. Michael Anderson Gilbert, Petitioner v. W. F. Woods, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978079. Arlei O. Gomez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Armed Forces denied. No. 978085. Lynn McLaud, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 978086. Stanley Layne, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 978091. Kenneth Edward Grizzle, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978092. Richard Pollard, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978095. Larry G. Wright, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 978099. Steve Becker, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 978100. Edmund Prescott, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 978101. Susan Mary Boyle, Petitioner v. United States; No. 978111. Perl Glen Van Pelt, Petitioner v. United States; No. 978149. Leroy Allen Cooley, Petitioner v. United States; and No. 978158. John Lee Wacker, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 978104. Myrio Lemons, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 978105. Donovan Muschette, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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664 MONDAY, MARCH 30, 1998 No. 978106. Thomas Wayne Marceau, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978108. Dennis Ray Jones, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 978109. Paula J. Maroney, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 978114. Wally Nuno Alarcon, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978115. Derrick Bacon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 978121. Corey Lee Williams, Petitioner v. United States Parole Commission. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 978125. Alex Hamilton, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978135. Robby D. Rice, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 978145. Louis Younger, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 978153. Samuel Alan McCloud, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 978154. Thomas Marsh, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 978162. Jonathan Bivens, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 971234. George Newman, Petitioner v. Consolidation Coal Com- pany. Motion of petitioner for leave to proceed as a seaman granted.

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MONDAY, MARCH 30, 1998 665 Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 971239. Gonzalez Trading, Incorporated, and Jose M. Baeza, Jr., Petitioners v. Yale Materials Handling Corporation. Motion of petition- ers to consolidate this case with No. 971446, Baeza v. NACCO Indus- tries, denied. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

Mandamus Denied No. 977672. In Re Glenn Wyatt, Petitioner. Petition for writ of man- damus denied. Rehearings Denied No. 976384. Eric E. Longest, Petitioner v. John H. Dalton, Secre- tary of the Navy, et al.; No. 976643. Margaret Ann Willis, Petitioner v. University of Louis- ville, et al.; No. 977239. David L. Whitehead, Petitioner v. George Tenet, Direc- tor of Central Intelligence; and No. 977335. Daniel Tilli, Petitioner v. Joseph Smith, et al. Petitions for rehearing denied. No. 97815. Martins Timehin, Petitioner v. City and County of San Francisco, et al.; and No. 976922. Barrington F. Watkis, Petitioner v. Bernice Thrasher, et al. Motions for leave to file petitions for rehearing denied. No. 976602. Steven C. Stafford, Petitioner v. E. I. du Pont de Nem- ours and Company, et al. Petition for rehearing denied. Justice O'Con- nor took no part in the consideration or decision of this petition.

Attorney Discipline No. D1926. In the Matter of Disbarment of Chloe J. Wellons. Chloe J. Wellons, of Goldsboro, North Carolina, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring her to show cause why she should not be disbarred from the practice of law in this Court. No. D1927. In the Matter of Disbarment of W. Roy Mays, III. W. Roy Mays, III, of Atlanta, Georgia, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

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666 MONDAY, MARCH 30, 1998 No. D1928. In the Matter of Disbarment of Michael R. Gottlieb. Michael R. Gottlieb, of Middletown, New York, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1929. In the Matter of Disbarment of Howard J. Pobiner. Howard J. Pobiner, of White Plains, New York, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1930. In the Matter of Disbarment of G. Robert Patterson. G. Robert Patterson, of Collingswood, New Jersey, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

Recess Order

The Court will take a recess from Monday, April 6, 1998, until Mon- day, April 20, 1998.

Admissions to the Bar on Written Motions Applicant City and State Movant Joel L. Aberg Eau Claire, WI J. Kevin Murphy William Joseph Aceves San Diego, CA Paul Lindsey Hoffman Robert Riles Ambler, Jr. Atlanta, GA Griffin B. Bell James Richard Ansell Galveston, TX Benjamin Rush Powel Edward Ralph Barillari Liberty Corner, David W. NJ Carpenter Rhadames C. Batista Coral Gables, FL Reemberto Diaz Robert H. Buckler Atlanta, GA Alexander Erwin Wilson, III Thomas J. Cervantez San Francisco, CA Donald Specter Linda Kathleen Connors Fort Collins, CO George Henry Hass Hugh W. Cuthbertson Hamden, CT Richard Dennis O'Connor Glenn Alan Duhl Bethany, CT Richard Dennis O'Connor

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MONDAY, MARCH 30, 1998 667

Applicant City and State Movant Allen I. Fagin New York, NY Michele Megan Ovesey Catherine Joy Garypie New York, NY Helen Stephanie Ferrara Robert Louis Gorman San Francisco, CA Jeffrey J. Parish David Alan Gruebner Honolulu, HI William Alan Bordner Bernard P. Haggerty Laramie, WY J. Clay Smith, Jr. James George Harpring Vero Beach, FL Robin A. Blanton John Mark Hatfield Waycross, GA Douglas L. Gibson Mark William Iannotta Columbus, OH Asriel Strip Erick G. Kaardal Excelsior, MN Scott W. Johnson Raymond Michael Alexandria, VA Honorable Kethledge Anthony M. Kennedy, Associate Justice of the Supreme Court John H. Kim Houston, TX David W. Holman Tomislav Z. Kuzmanovic Greendale, WI Ned J. Czajkowski Jocelyn Beth Lamm San Francisco, CA Geoffrey Allan Hansen George G. Logan Atwater, CA Daniel W. Crowe Cathy L. Lucrezi Fort Myers, FL Steven A. Hitov Mark Gregory Malven Chicago, IL Jennifer R. Evans Roberta Frances Mann Scottsdale, AZ Patrick Putzi William E. McCardell Madison, WI Paul G. Kent John S. McLindon Baton Rouge, LA Robert Ray Rainer Margaret Apel Miller Portsmouth, OH Joseph Anthony Oths Paul William Mollica Chicago, IL Michael Martin Mulder Patrick B. Mooney Denver, CO Martin Semple Nelson Nettles Indianapolis, IN John Max Choplin, II Gail E. Peabody Orr's Island, ME Melvyn H. Zarr Charles Mark Pickrell Oak Ridge, TN John A. Lucas

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668 MONDAY, MARCH 30, 1998

Applicant City and State Movant Woodrow W. Pringle, III Gulfport, MS Ben Floyd Galloway, III Robert M. Roseman Philadelphia, PA Eugene A. Spector Barbara A. Rosenkrans Newark, NJ Elizabeth A. Miller-Hall Robert Rosenthal New York, NY Toby Golick Peter A. Schroeder Indianapolis, IN John Max Choplin, II Robert E. Shumaker Madison, WI Daniel Walter Hildebrand Lex Richard Smith Honolulu, HI Charles Walker Gall Cathy H. Tao Los Angeles, CA Erica Ann Tabachnick Myron Nicholas Terlecky Columbus, OH Asriel Strip Andrew Charles Thomson Bakersfield, CA William George Welzenbach Michael W. Udowychenko Orlando, FL Malcolm Anderson Gary Cameron Wallace Dallas, TX William Hayes Hart Jennifer Lynn Wieland Montesano, WA Michael Gary Spencer Nathan Tod Young Minden, NV Michael King Powell

Admissions to the Bar on Oral Motions Applicant City and State Movant

Nancy Lee Bennett Ft. Lauderdale, Francis John FL Lorson Christopher Austin Tuck Blacksburg, VA Francis John Lorson Douglas Edward Feldkamp Louisville, KY James G. Apple Paul David McCormick Buffalo, NY Robert Andrew Klump James J. O'Regan Northbrook, IL Timothy Joseph McCormally Brian Frederic Boland Wyomissing, PA Raymond K. Hess Mary Carroll Favinger Reading, PA Raymond K. Hess Patricia H. Frankel Reading, PA Raymond K. Hess

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MONDAY, MARCH 30, 1998 669

Applicant City and State Movant Susan E. B. Frankowski Reading, PA Raymond K. Hess Frederick Karl Hatt Reading, MI Raymond K. Hess Alisa Rebecca Orner Reading, PA Raymond K. Hess Hobart Scott Edwin Lash Reading, PA Raymond K. Hess Karen Feryo Longenecker Reading, PA Raymond K. Hess Heidi B. Masano Wyomissing, PA Raymond K. Hess Toby Kellner Mendelsohn Reading, PA Raymond K. Hess Barry Wayne Sawtelle Elverson, PA Raymond K. Hess Russell William Scianna Reading, PA Raymond K. Hess Jeffrey Kent Sprecher Reading, PA Raymond K. Hess Mary Michelle Zervanos Reading, PA Raymond K. Hess

Oral Arguments No. 97156. Randon Bragdon, Petitioner v. Sidney Abbott, et al. Ar- gued by Mr. John W. McCarthy for the petitioner, by Mr. Bennett H. Klein for the respondent, and by Mr. Lawrence G. Wallace for the United States as amicus curiae, by special leave of the Court. No. 97581. Pennsylvania Board of Probation and Parole, Petitioner v. Keith M. Scott. Argued by Mr. D. Michael Fisher for the petitioner, by Mr. Malcolm L. Stewart for the United States as amicus curiae, by special leave of the Court, and by Mr. Leonard N. Sosnov for the respondent.

Adjourned until Tuesday, March 31, 1998, at 10 o'clock.

Certiorari Denied No. 978493. Daniel Eugene Remeta, Petitioner v. Carla Stovall, At- torney General of Kansas, et al., and Harry K. Singletary, Jr., Secre- tary, Florida Department of Corrections. Application for stay of execu- tion of sentence of death presented to Justice Breyer and by him referred to the Court denied. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

Habeas Corpus Denied No. 978535. In Re Daniel Eugene Remeta, Petitioner. Application for stay of execution of sentence of death presented to Justice Kennedy

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670 MONDAY, MARCH 30, 1998 and by him referred to the Court denied. Petition for writ of habeas corpus denied.

Certiorari Denied No. 978537. Daniel Eugene Remeta, Petitioner v. Florida. Applica- tion for stay of execution of sentence of death presented to Justice Kennedy and by him referred to the Court denied. Petition for writ of certiorari to the Supreme Court of Florida denied. Justice Stevens and Justice Breyer would grant the application for stay of execution.

Certiorari Denied No. 978546. Daniel Eugene Remeta, Petitioner v. Florida. Applica- tion for stay of execution of sentence of death presented to Justice Kennedy and by him referred to the Court denied. Petition for writ of certiorari to the Supreme Court of Florida denied. Justice Stevens, Justice Souter, Justice Ginsburg, and Justice Breyer would grant the application for stay of execution.

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(JOURNAL) TUESDAY, MARCH 31, 1998 671 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Opinions No. 97372. United States, Petitioner v. United States Shoe Corpora- tion. On writ of certiorari to the United States Court of Appeals for the Federal Circuit. Judgment affirmed. Opinion by Justice Ginsburg. No. 961133. United States, Petitioner v. Edward G. Scheffer. On writ of certiorari to the United States Court of Appeals for the Armed Forces. Judgment reversed, and case remanded to the United States Court of Appeals for the Armed Forces for further proceedings in con- formity with the opinion of this Court. Justice Thomas announced the judgment of the Court, and delivered the opinion of the Court with respect to Parts I, IIA, and IID, and an opinion with respect to Parts IIB and IIC, with whom The Chief Justice, Justice Scalia, and Justice Souter join. Opinion by Justice Kennedy, with whom Justice O'Connor, Justice Ginsburg, and Justice Breyer join, concurring in part and con- curring in the judgment. Dissenting opinion by Justice Stevens. No. 961768. C. Elvin Feltner, Jr., Petitioner v. Columbia Pictures Television, Inc. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment reversed, and case remanded to the United States Court of Appeals for the Ninth Circuit for further proceedings in conformity with the opinion of this Court. Opinion by Justice Thomas. Opinion by Justice Scalia concurring in the judgment. No. 9729. Texas, Appellant v. United States, et al. On appeal from the United States District Court for the District of Columbia. Judg- ment affirmed. Opinion by Justice Scalia.

Admissions to the Bar on Oral Motions Applicant City and State Movant Martin B. Carroll Chicago, IL Ronald J. Kind Dominic Pastore Washington, DC Honorable Seth P. Waxman, Solicitor General of the United States

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672 TUESDAY, MARCH 31, 1998

Applicant City and State Movant Robert W. Weinstein Boston, MA Honorable Seth P. Waxman, Solicitor General of the United States Kathy Ann Volz Los Angeles, CA Cynthia June Mardirossian Rapp Garo Mardirossian Los Angeles, CA Cynthia June Rapp Jamie Evan Shapiro New York, NY Cornelia T. L. Pillard Jean Hillyer Connerat Efland, NC James Matthew Venable Martin Manuel L. Costa Chapel Hill, NC James Matthew Venable Martin Judith Kratz Guibert Chapel Hill, NC James Matthew Venable Martin Adria´n Rafael Halpern Chapel Hill, NC James Matthew Venable Martin Douglas Hargrave Hillsborough, NC James Matthew Venable Martin Gregory Herman-Giddens Chapel Hill, NC James Matthew Venable Martin Marcus E. Hill Durham, NC James Matthew Venable Martin Charles Bernard Hodson Chapel Hill, NC James Matthew Venable Martin Michael Daniel Levine Chapel Hill, NC James Matthew Venable Martin William C. Morgan, Jr. Chapel Hill, NC James Matthew Venable Martin Margaret Dube' Rundell Chapel Hill, NC James Matthew Venable Martin Douglas Leon Sutton Chapel Hill, NC James Matthew Venable Martin Kim Kirk Steffan Hillsborough, NC James Matthew Venable Martin Deborah Anne Van Dyken Hillsborough, NC James Matthew Venable Martin

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TUESDAY, MARCH 31, 1998 673 Oral Arguments No. 97371. National Endowment For The Arts, et al., Petitioners v. Karen Finley, et al. Argued by Mr. Seth P. Waxman for the petition- ers and by Mr. David D. Cole for the respondents. No. 968422. Sillasse Bryan, Petitioner v. United States. Argued by Mr. Roger B. Adler, appointed by this Court, for the petitioner and by Mr. Kent L. Jones for the respondent.

Adjourned until Monday, April 6, 1998, at 10 o'clock.

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(JOURNAL) MONDAY, APRIL 6, 1998 675 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Order In Pending Case No. A722. Philip Morris Inc., et al., Applicants v. Minnesota, et al. Application for stay presented to Justice Scalia and by him referred to the Court denied.

Present: Chief Justice Rehnquist, Justice Thomas, and Justice Ginsburg. The Chief Justice said: "Today's orders of the Court have been certified by The Chief Jus- tice, filed with the Clerk, and will not be announced orally."

Certiorari-Summary Disposition No. 961134. United States, Petitioner v. Cedric W. Mobley; United States, Petitioner v. Chester Nash, Jr.; and United States, Petitioner v. Chad E. Lynn. On petition for writ of certiorari to the United States Court of Appeals for the Armed Forces. Petition for writ of certiorari granted. Judgments vacated, and case remanded to the United States Court of Appeals for the Armed Forces for further consideration in light of United States v. Scheffer, 523 U. S. (1998). No. 976492. Daniel Mejia, Petitioner v. United States. On petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Elev- enth Circuit for further consideration in light of the Illegal Immigra- tion Reform and Immigrant Responsibility Act of 1996, 8 U. S. C. Sec- tion 1229a(a).

Orders In Pending Cases No. M59. Donald Edward Larue Johnson, Jr., Petitioner v. United States. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied.

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676 MONDAY, APRIL 6, 1998 No. M60. Gary Lundgren, et al., Petitioners v. J. L. Steele. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time under Rule 14.5 denied. No. 97501. Randall Ricci, Petitioner v. Village of Arlington Heights. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted. No. 97704. Philomena Dooley, Personal Representative of the Es- tate of Cecelio Chuapoco, et al., Petitioners v. Korean Air Lines Co., Ltd. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted. No. 971254. Practice Management Information Corporation, Peti- tioner v. American Medical Association. The Solicitor General is invited to file a brief in this case expressing the views of the United States. No. 971374. William J. Clinton, President of the United States, et al., Appellants v. City of New York, et al. Motion of appellees for di- vided argument granted to be divided as follows: appellants-30 min- utes; New York City appellees-15 minutes; Snake River appellees- 15 minutes. Request for additional time for oral argument denied. No. 975737. Sandra K. Forney, Petitioner v. Kenneth S. Apfel, Com- missioner of Social Security. Motion of the Solicitor General for divided argument granted to be divided as follows: petitioner-15 minutes; the Solicitor General-15 minutes; amicus curiae in support of judgment below-30 minutes. No. 976203. Nathaniel Jones, Petitioner v. United States. The order entered March 30, 1998, granting a writ of certiorari amended as fol- lows: "The writ of certiorari is limited to the following questions: 1. Does 18 U.S.C. § 2119(1)-(3) describe sentencing factors or elements of the offense? 2. If 18 U. S. C. § 2119(1)(3) sets forth sentencing factors, is the statute constitutional?"

Certiorari Denied

No. 97530. Christian E. Porter, Petitioner v. Connecticut. Petition for writ of certiorari to the Supreme Court of Connecticut denied. No. 97723. Russell Hunter, Petitioner v. Connecticut. Petition for writ of certiorari to the Supreme Court of Connecticut denied. No. 97918. Lovilia Coal Company, et al., Petitioners v. Wesley Har- vey, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

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MONDAY, APRIL 6, 1998 677 No. 971080. Barbara Chioma Ohuegbe, Petitioner v. Immigration and Naturalization Service. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971101. Milton Barnes, Petitioner v. Martin Logan, et ux., etc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971118. Daniel P. Bresnahan, Petitioner v. California Highway Patrol, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971133. Larry D. Walls, Petitioner v. County of Los Angeles, Office of the District Attorney. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 971134. Baughans, Inc., et al., Petitioners v. Domino's Pizza, Inc. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied. No. 971241. Lynda Crawford, Administratrix of the Estates of Lois Vivian Parker Kelley, et vir, Deceased, Petitioner v. Andrew Systems, Inc. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. No. 971242. Kennametal, Inc., Petitioner v. Commissioner of Reve- nue of Massachusetts. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied. No. 971256. Sinclair Oil Corporation, Petitioner v. County of Santa Barbara, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971264. Bank One, Texas, National Association, etc., et al., Peti- tioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971282. Linda Stetler, Petitioner v. Lewis Sanders, et ux., et al. Petition for writ of certiorari to the Court of Appeals of Kentucky denied. No. 971285. Charles Shephard, Petitioner v. Provident Life & Acci- dent Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971303. Charles Jeffrey Ross, Petitioner v. Michigan. Petition for writ of certiorari to the Court of Appeals of Michigan denied. No. 971315. Frederick L. Stivender, Petitioner v. Franklin D. Pow- ell. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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678 MONDAY, APRIL 6, 1998 No. 971323. Thomas Pollak, etc., et al., Petitioners v. Arthur H. Courshon, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 971358. Farnaz Hadji-Elias, et al., Petitioners v. Los Angeles County Superior Court, (Hassan Shahbaz, et al., Real Parties in Inter- est). Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 971359. David Golia-Paladin, Petitioner v. Nevada State Bar. Petition for writ of certiorari to the Supreme Court of Nevada denied. No. 971360. Charles Shephard, Petitioner v. Pomona Fairplex, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 971392. James T. Kimball, Petitioner v. Ernie Clausntizer, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 971415. Ismael Barron and Maria Meras, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971428. Ronald K. Grubbs, Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied. No. 971450. Herbert P. Carlson, et ux., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 971465. Scot Spencer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 971471. James C. Hastings, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 971474. Allan Ledford, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971493. John Conlee Enterprises, Inc., Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

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MONDAY, APRIL 6, 1998 679 No. 976977. George Ronald Walters, Petitioner v. Mike Mahoney, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977331. Manuel Antonio Noriega, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977365. Leo Herman Monroe, Sr., Petitioner v. United States; andNo. 977606. Michael Gabriel Duran, Petitioner v. United States. Pe- titions for writs of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 977685. Rodney Gene Beeler, Petitioner v. Arthur Calderon, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977723. Ann Vogel, Petitioner v. Industrial Commission of Ari- zona, et al. Petition for writ of certiorari to the Court of Appeals of Arizona, Division One, denied. No. 977725. Russell William Tucker, Petitioner v. North Carolina. Petition for writ of certiorari to the Supreme Court of North Caro- lina denied. No. 977728. Ronald Jarvi, Petitioner v. Brian McCarthy, et al. Peti- tion for writ of certiorari to the Court of Appeals of Michigan denied. No. 977729. Arthur C. Kreiger, II, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 977732. Nahshon Jackson, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied. No. 977734. Michael Smouse, Petitioner v. Ron Lytle, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 977742. John Sullivan, Petitioner v. Louisiana. Petition for writ of certiorari to the Court of Appeal of Louisiana, Fourth Circuit, denied. No. 977743. Rudolph S. Papesh, Petitioner v. American National Can Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977749. Richard J. Hettler, Petitioner v. Lydia J. Dody. Petition for writ of certiorari to the Court of Appeals of Colorado denied.

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680 MONDAY, APRIL 6, 1998 No. 977751. Eddie Lee Galloway, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. No. 977755. Edwin Robert Hughes, Petitioner v. Abbott North- western Hospital Security, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 977763. James S. Knight, Petitioner v. Cletus N. Youmans. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977765. Cecil Brown, Petitioner v. Christopher Artuz, Superin- tendent, Green Haven Correctional Facility. Petition for writ of certio- rari to the United States Court of Appeals for the Second Circuit denied. No. 977766. Mitchell Williams, Petitioner v. Michael J. Bowers, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977769. Allen Tyrone Robinson, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977774. Jose Manuel Reyes, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. No. 977776. Benzion Berkowitz, Petitioner v. State of Israel, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 977778. Brian J. Woods, Petitioner v. Christine M. Cook. Peti- tion for writ of certiorari to the Court of Appeals of Ohio, Summit County, denied. No. 977780. John Paul Arias, Petitioner v. Jody Kay Arias. Petition for writ of certiorari to the Court of Appeals of Nebraska denied. No. 977784. Gregory F. Kelleher, Jr., Petitioner v. Aerospace Com- munity Credit Union. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 977791. Patricia E. Walton, Petitioner v. Princeton Baptist Medical Center. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977804. Walter J. Griffin, Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections, et al. Petition for writ of certiorari to the Supreme Court of Florida denied.

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MONDAY, APRIL 6, 1998 681 No. 977805. Edward C. DeWitt, Petitioner v. Kurt Jones, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 977806. Scott A. Heimermann, Petitioner v. Global Securities Trust Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 977808. Jan Byrd Holland, Petitioner v. Louisiana Secretary of Revenue and Taxation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977810. Ricardo Gonzalez, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 977815. John Haws Burrell, Petitioner v. Tennessee. Petition for writ of certiorari to the Court of Criminal Appeals of Tennessee, Eastern Division, denied. No. 977825. Wilbert Chapman, Petitioner v. Connecticut. Petition for writ of certiorari to the Appellate Court of Connecticut denied. No. 977831. Kevin Keith, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 977833. Gary V. Johnson, Petitioner v. United States District Court for the Northern District of Ohio. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 977836. Donald R. Johnson, Petitioner v. Utah. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Cir- cuit denied. No. 977837. Clifford Holt Boggess, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977850. Delice Davis, Petitioner v. New Jersey. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. No. 977862. Louis Tatta, Petitioner v. David Miller, Superintendent, Eastern Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 977875. Jimmy Brundidge, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied. No. 977878. Alonzo Diego Fuller, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division.

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682 MONDAY, APRIL 6, 1998 Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977902. Anthony T. Warner, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Lorain County, denied. No. 977921. Kristan Standish, Petitioner v. Jeremiah W. Nixon, At- torney General of Missouri, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 977928. Horace Edwards Kelly, Petitioner v. Arthur Calderon, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977940. Lionel Phillips, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appel- late District, denied. No. 977961. Sandra Couch, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylvania, Harrisburg Office, denied. No. 977979. James M. Hoskinson, Petitioner v. Indiana. Petition for writ of certiorari to the Court of Appeals of Indiana, First District, denied. No. 977991. Joseph Bridges, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. No. 978000. Willie McNair, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied. No. 978017. Ben Nwosun, Petitioner v. General Mills Restaurants, Inc. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied. No. 978019. Martin Estrada Rueda, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978020. Arturo Yanez Penaloza, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978049. Silas Fletcher, Petitioner v. James K. Williams, et al. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 978072. Lewis Horace Bivins, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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MONDAY, APRIL 6, 1998 683 No. 978076. J. P. Haynes, aka Eddie Haynes, Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 978078. Jerry Sanders Fontaine, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 978117. Miguel Angel Reynero-Lopez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978119. Vladimir Piljak, Petitioner v. Internal Revenue Serv- ice. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978130. Jeffrey John McQuown, Petitioner v. Safeway, Incorpo- rated. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 978138. Bernard Thomas Horton, Petitioner v. Archie Gee, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978139. Elijah Karriem, Petitioner v. United States, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 978157. Darrell Regans, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 978159. Daniel Williams, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 978164. Johnny L. Robinson, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 978167. Maurice Barr, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978168. Bruce F. Wooten, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 978170. Eldon Gene Nattier, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

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684 MONDAY, APRIL 6, 1998 No. 978171. Alice Connor, Petitioner v. United States District Court for the Eastern District of New York. Petition for writ of certio- rari to the United States Court of Appeals for the Second Circuit denied. No. 978175. Samuel Anthony Cardenas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 978179. Tommy Lee Simmons, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978190. Daniel Trujillo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978197. Terry Lamar Beard, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 978200. Rodney Bernard Allen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978204. Daniel Karr Johnson, Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied. No. 978205. Joaquin Rivera, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 978206. Honorio Jaime Pina, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978207. Arthur Loza Romo, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978208. Edward Bufuth Phillips, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978209. Miguel Rivera, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

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MONDAY, APRIL 6, 1998 685 No. 978215. Jonathan J. Carle, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 978219. Jack McKinnon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 978221. Shenita Banks, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978227. Maria Flora Gaytan-Carranza, aka Flora Gaytan, aka Flora G. Carranza, Petitioner v. United States. Petition for writ of cer- tiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978231. Mark Grzesczuk, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978232. Joe Louis Harrell, aka Motorcycle Joe, etc., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 978233. Brian Dierling, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 978238. Fulton Lee Hinebaugh, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978241. Elbert Arthur Fallis, aka Elbert A. Hurd, Jr., Peti- tioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 978243. Bobby Hazel, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978251. Tom Paul Jenkins, aka Tom P. Jenkins, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978253. Maximo Zorio, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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686 MONDAY, APRIL 6, 1998 No. 978260. Adrian Maurice Hudgins, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978271. Paul W. Moore, II, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 978282. Alvin Orlando Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971263. Florida Department of Business and Professional Reg- ulation, et al., Petitioners v. Rochambeau Wines and Liquors, Inc., et al. Motion of National Alcohol Beverage Control Association, et al., for leave to file a brief as amici curiae granted. Petition for writ of certio- rari to the United States Court of Appeals for the Eleventh Circuit denied. No. 971269. Robert Ficalora, Petitioner v. International Business Machines Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Stevens took no part in the consideration or decision of this petition.

Habeas Corpus Denied No. 978202. In Re Michael Kennedy, Petitioner; No. 978217. In Re Ronald Mitchell, Petitioner; and No. 978235. In Re Clifford A. Doyle, Petitioner. Petitions for writs of habeas corpus denied.

Mandamus Denied No. 971329. In Re Leonard Lloyd Morris, Petitioner; and No. 977741. In Re Warees Muzakkir, Petitioner. Petitions for writs of mandamus denied. No. 978234. In Re Lonnie L. Griffin, Petitioner. Petition for writ of mandamus and/or prohibition denied.

Rehearings Denied No. 976757. Tony Rutherford, Petitioner v. John Alderman, et al.; No. 976934. Howard L. Rieger, Petitioner v. North Dakota; and No. 976991. Mulade Sam Carson, Petitioner v. Director, Office of Workers' Compensation Programs, et al. Petitions for rehearing denied.

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MONDAY, APRIL 6, 1998 687 No. 976869. James Garnell Brown, Petitioner v. Rick Kearney, War- den, et al. Motion for leave to file a petition for rehearing denied.

Attorney Discipline

No. D1876. In the Matter of Disbarment of Thomas M. Germain. Disbarment order entered. No. D1884. In the Matter of Disbarment of John David Jones Blood- worth. Disbarment order entered. No. D1889. In the Matter of Disbarment of Anthony Jamison. Dis- barment order entered. No. D1903. In the Matter of Disbarment of Bradley J. Fisher. Dis- barment order entered. No. D1905. In the Matter of Disbarment of William Torrance Fid- des, Jr. Disbarment order entered. No. D1931. In the Matter of Disbarment of Richard C. Southard. Richard C. Southard, of Lockport, New York, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1932. In the Matter of Disbarment of Barry L. Taub. Barry L. Taub, of Eugene, Oregon, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1933. In the Matter of Disbarment of Thomas Ewing Phillips. Thomas Ewing Phillips, of Chillicothe, Ohio, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

Admissions to the Bar on Oral Motions Applicant City and State Movant Thomas Dale Mays Washington, DC Richard L. Fischer Davidson Momah Memphis, TN John David Norquist Dale Edward Anderson Washington, DC Jeffrey King Van Nest Albert Louis Di Giulio Lancaster, NY Jeffrey King Van Nest

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688 MONDAY, APRIL 6, 1998

Applicant City and State Movant Anne Sumner Douds Beaufort, SC Judge Jean Hoefer Toal Jacquelyn Lee Bartley Columbia, SC Judge Jean Hoefer Toal Barbara George Barton Columbia, SC Judge Jean Hoefer Toal Cheryl Harris Bullard Columbia, SC Judge Jean Hoefer Toal Mary Malissa Burnette Columbia, SC Judge Jean Hoefer Toal Sandra L. Burr Columbia, SC Judge Jean Hoefer Toal Janet Tetu Butcher Columbia, SC Judge Jean Hoefer Toal Darra Cothran Columbia, SC Judge Jean Hoefer Toal Jean Perrin Derrick Lexington, SC Judge Jean Hoefer Toal Hannah Metcalf Dodson Columbia, SC Judge Jean Hoefer Toal M. Gwyn DuBose-Schmitt Lexington, SC Judge Jean Hoefer Toal Elaine Henderson Fowler Columbia, SC Judge Jean Hoefer Toal Susan A. Fretwell Spartanburg, SC Judge Jean Hoefer Toal Ann Longwell Furr Columbia, SC Judge Jean Hoefer Toal Henrietta Urbani Golding Myrtle Beach, SC Judge Jean Hoefer Toal Elizabeth Van Doren Gray Columbia, SC Judge Jean Hoefer Toal Dorothy M. Helms Columbia, SC Judge Jean Hoefer Toal Mildred Danyese Hobbs Columbia, SC Judge Jean Hoefer Toal Elizabeth Gelene Howard Columbia, SC Judge Jean Hoefer Toal Karen Lynn Kanes Spartanburg, SC Judge Jean Hoefer Toal

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MONDAY, APRIL 6, 1998 689

Applicant City and State Movant Dorothy Jean Killian Rock Hill, SC Judge Jean Hoefer Toal Rebecca Laffitte Columbia, SC Judge Jean Hoefer Toal Susan Annelle Lake Columbia, SC Judge Jean Hoefer Toal Eddye L. Lane Columbia, SC Judge Jean Hoefer Toal Nancy S. Layman Columbia, SC Judge Jean Hoefer Toal Mozella Nicholson Hartsville, SC Judge Jean Hoefer Toal Karolan F. Ohanesian Myrtle Beach, SC Judge Jean Hoefer Toal Pamela Jane Roberts Columbia, SC Judge Jean Hoefer Toal Laura Whiting Robinson Columbia, SC Judge Jean Hoefer Toal Lynne Cornell Williamson Columbia, SC Judge Jean Hoefer Rogers Toal Nancy Doherty Sadler Beaufort, SC Judge Jean Hoefer Toal Mary Elizabeth Sharp Beaufort, SC Judge Jean Hoefer Toal Patricia C. Tetterton Columbia, SC Judge Jean Hoefer Toal Sara Sadler Turnipseed Atlanta, GA Judge Jean Hoefer Toal Eleanor Katherine Wells Columbia, SC Judge Jean Hoefer Toal Cecilia Jo Anne Wessinger Columbia, SC Judge Jean Hoefer Toal Alice Ruth Williams Charleston, SC Judge Jean Hoefer Toal Barbara JoAnn Buono Newark, NY Constantine N. Katsoris Peter Francis Harrington White Plains, NY Constantine N. Katsoris Timothy James Rooney, Jr. Greenwich, CT Constantine N. Katsoris

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690 MONDAY, APRIL 6, 1998

Applicant City and State Movant James Gerard Rizzo Vienna, VA Constantine N. Katsoris Michael E. Toner Boston, MA Constantine N. Katsoris Brian Eugene Fitzgerald Santa Fe, NM Constantine N. Katsoris Michael Abraham Adler West Hempstead, Constantine N. NY Katsoris Karen A. Morschhauser Mt. Kisco, NY Constantine N. Bosshart Katsoris Lisa Kill Brenner New York, NY Constantine N. Katsoris Nicholas E. Brusco New York, NY Constantine N. Katsoris Anthony Phillip Cassese New York, NY Constantine N. Katsoris Wallace E. J. Collins, III New York, NY Constantine N. Katsoris Wallace E. J. Collins Oradell, NJ Constantine N. Katsoris Janet O'Connor Cornell Westfield, NJ Constantine N. Katsoris Laura A. Craig Larchmont, NY Constantine N. Katsoris Robert S. Cypher, Jr. Rye, NY Constantine N. Katsoris Theodore John Dyke New York, NY Constantine N. Katsoris Bruce Stuart Fein Tully, NY Constantine N. Katsoris Joseph Jerome Ferrara New York, NY Constantine N. Katsoris Paul Christopher Fonseca New York, NY Constantine N. Katsoris Maria T. Cortese Gentile New York, NY Constantine N. Katsoris Lenae Lehuanani Guarna Brooklyn, NY Constantine N. Katsoris Gary Johnson Albany, NY Constantine N. Katsoris

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MONDAY, APRIL 6, 1998 691

Applicant City and State Movant Steven Jay Kaiser New York, NY Constantine N. Katsoris Leroy Michael Krieger Mahwah, NJ Constantine N. Katsoris Steven Elliot Magid New York, NY Constantine N. Katsoris Carla M. Marino New York, NY Constantine N. Katsoris Robert Francis McCarthy Forest Hills, NY Constantine N. Katsoris William Gorman New York, NY Constantine N. Passannante Katsoris Joseph Edward St. Onge Yonkers, NY Constantine N. Katsoris Richard F. X. Sweeney Yonkers, NY Constantine N. Katsoris Steven Mitchell Swirsky New York, NY Constantine N. Katsoris Paul G. Vesnaver New York, NY Constantine N. Katsoris R. Wardell Loveland Redwood City, CA Aviam Soifer Robin Marie Pearson San Ramon, CA Aviam Soifer Patricia A. Welch Palo Alto, CA Aviam Soifer Carol A. Andrew Denver, CO Aviam Soifer Barry Ward New London, CT Aviam Soifer Peter Hugh Carney Delray Beach, FL Aviam Soifer Jane Serene Raskin Miami, FL Aviam Soifer David Anthony Cifrino Boston, MA Aviam Soifer Carol M. Connelly Washington, DC Aviam Soifer Timothy M. Corcoran Boston, MA Aviam Soifer Cheryl D. Crowder Lincoln, MA Aviam Soifer Maureen E. Curran Wakefield, MA Aviam Soifer Ann M. Donovan Newton, MA Aviam Soifer Michael Gordon Jones Boston, MA Aviam Soifer Matthew L. McGrath, III Boston, MA Aviam Soifer Deborah Anne O'Malley Boston, MA Aviam Soifer Paul Richard Pressman Burke, VA Aviam Soifer Robert H. Smith Newton, MA Aviam Soifer Claire-Frances Umanzio Cambridge, MA Aviam Soifer James A. Connor Manchester, NH Aviam Soifer

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692 MONDAY, APRIL 6, 1998

Applicant City and State Movant Carmen Messano Jersey City, NJ Aviam Soifer Laura Denise Cooper Arlington, VA Michael Mines Michael Lee Doane Washington, DC Michael Mines Leland R. Luckhart Seattle, WA Michael Mines Vicki Lynn Beyer Tokyo, Japan, XX Michael Mines Andrea Vogel Gilbert Seattle, WA Michael Mines John Herman Hertog, Jr. Seattle, WA Michael Mines Susan Hettinger Olympia, WA Michael Mines Karen A. Gates Hildt Port Townsend, Michael Mines WA Milburn Douglas Kight Wenatchee, WA Michael Mines Laura VanderVeer King Tracyton, WA Michael Mines Sheryl Kathryn Leighton Issaquah, WA Michael Mines Kristin Gjesdahl Olson Bellevue, WA Michael Mines Arthur Ross Paulsen Tacoma, WA Michael Mines Jeanette Pfotenhauer Washington, DC Michael Mines Joshua Myles Quentzel Seattle, WA Michael Mines Robert McLaren Smythe Auburn, WA Michael Mines William Guyon Springer Seattle, WA Michael Mines James Malcolm Stewart Montesano, WA Michael Mines Byron Lincoln Swedberg Bellingham, WA Michael Mines Richard P. Thompson Burien, WA Michael Mines Eden Rubenstein Toner Seattle, WA Michael Mines Raymond Jay Walters Seattle, WA Michael Mines

Adjourned until Monday, April 20, 1998, at 10 o'clock.

Order In Pending Case

No. 971192. Swidler & Berlin and James Hamilton, Petitioners v. United States. Motion of Independent Counsel to expedite the briefing and argument schedule granted. Brief of petitioners and joint appendix to be filed with the Clerk and served upon Independent Counsel on or before 3 p.m., Wednesday, April 29, 1998. Brief of Independent Counsel to be filed with the Clerk and served upon petitioners on or before Wednesday, May 20, 1998. Reply brief, if any, may be filed with the Clerk and served upon Independent Counsel on or before 3 p.m., Mon-

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MONDAY, APRIL 6, 1998 693 day, June 1, 1998. Briefs may be submitted in compliance with Rule 33.2 to be replaced with briefs prepared in compliance with Rule 33.1 as soon as possible thereafter. Rule 29.2 does not apply. Argument is set for 10 a.m., Monday, June 8, 1998.

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(JOURNAL) WEDNESDAY, APRIL 8, 1998 695 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Order In Pending Case No. 971390. Republic of Paraguay, et al., Petitioners v. James S. Gilmore, III, Governor of Virginia, et al.; and No. 978214. Angel Francisco Breard, Petitioner v. Fred W. Greene, Warden. The Solicitor General is invited to file a brief in these cases expressing the views of the United States on or before 5 p.m., Monday, April 13, 1998.

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(JOURNAL) MONDAY, APRIL 13, 1998 697 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Order in Pending Case No. A753. James B. Hunt, Governor of North Carolina, et al., Appli- cants v. Martin Cromartie, et al. Application for stay presented to The Chief Justice and by him referred to the Court denied. Justice Stevens, Justice Ginsburg, and Justice Breyer would grant the application for stay.

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(JOURNAL) TUESDAY, APRIL 14, 1998 699 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Opinion Per Curiam No. 978214. Angel Francisco Breard, Petitioner v. Fred W. Greene, Warden. On petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit; No. 971390. Republic of Paraguay, et al., Petitioners v. James S. Gilmore, III, Governor of Virginia, et al. On petition for writ certiorari to the United States Court of Appeals for the Fourth Circuit; No. 978660. In Re Angel Francisco Breard, Petitioner. On petition for writ of habeas corpus; and No. 125, Original. Republic of Paraguay, et al., Plaintiffs v. James S. Gilmore, III, Governor of Virginia, et al. On motion for leave to file bill of complaint. Petition for writ of habeas corpus, motion for leave to file bill of complaint, petitions for writs of certiorari to the United States Court of Appeals for the Fourth Circuit and stay applications denied. Opinion per curiam. Concurring statement of Justice Souter. Dissenting statement by Justice Stevens. Dissenting statement by Jus- tice Breyer. Dissenting statement by Justice Ginsburg in case No. 978214.

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(JOURNAL) MONDAY, APRIL 20, 1998 701 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer. The Chief Justice said: "Today's orders of the Court have been certified by The Chief Jus- tice, filed with the Clerk, and will not be announced orally."

Orders In Pending Cases No. A700. Julie G. Gutermuth, Applicant v. Department of Children and Families. Application for stay addressed to Justice Ginsburg and referred to the Court denied. No. M61. Lawrence J. Espinosa, Petitioner v. Joe Williams, War- den, et al. Motion to direct the Clerk to file a petition for writ of certio- rari out-of-time denied. No. M63. George R. Macri, Petitioner v. Magna Community Devel- opment Corporation, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M64. Bobbie L. Celestine, Petitioner v. Mike Foster, Governor of Louisiana, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M62. Richard Wiggins, Petitioner v. United States. Motion for leave to proceed in forma pauperis without an affidavit of indigency executed by petitioner denied. No. 961037. Kiowa Tribe of Oklahoma, Petitioner v. Manufacturing Technologies, Inc. Motion of petitioner for leave to file a supplemental brief after argument denied. No. 97371. National Endowment For The Arts, et al., Petitioners v. Karen Finley, et al. Motion of respondents for leave to file a supple- mental brief after argument granted. No. 97569. Burlington Industries, Inc., Petitioner v. Kimberly B. Ellerth. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted. No. 97634. Pennsylvania Department of Corrections, et al., Peti- tioners v. Ronald R. Yeskey. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argu- ment granted.

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702 MONDAY, APRIL 20, 1998 No. 976146. Angel Jaime Monge, Petitioner v. California. Motion of the Solicitor General for leave to participate in oral argument as ami- cus curiae and for divided argument granted. No. 971008. Carolyn C. Cleveland, Petitioner v. Policy Management Systems Corporation, et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States. No. 971374. William J. Clinton, President of the United States, et al., Appellants v. City of New York, et al. Motion of John S. Baker, Jr., for leave to file a brief as amicus curiae granted. No. 978325. In Re John Paul Turner, Petitioner. Motion of peti- tioner for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner is allowed until May 11, 1998, within which to pay the dock- eting fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.

Certiorari Granted

No. 971121. City of Chicago, Petitioner v. Jesus Morales, et al. Mo- tion of respondents Jesus Morales, et al., for leave to proceed in forma pauperis without affidavits of indigency granted. Petition for writ of certiorari to the Supreme Court of Illinois granted.

Certiorari Denied

No. 97805. William Mulderig, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 97965. J. C. Herbert Bryant, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 971062. Michael A.-S Parker, Petitioner v. Virginia. Petition for writ of certiorari to the Court of Appeals of Virginia denied. No. 971095. Becton Dickinson Vascular Access, Inc., Petitioner v. Critikon, Inc.; and No. 971292. Critikon, Inc., Petitioner v. Becton Dickinson Vascular Access, Inc. Petitions for writs of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 971117. Paul G. Shultz, Petitioner v. Department of the Army. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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MONDAY, APRIL 20, 1998 703 No. 971137. Cyprus Bagdad Copper Corporation, et al., Petitioners v. Melton Nelson, et ux. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971142. Chemical Distributors, Inc., Petitioner v. Resure, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971157. Jesus Rodriguez, et al., Petitioners v. Anthony Sabat- ino, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971164. Barbara Gleason, Individually and as Executrix of the Estate of William C. Gleason, Deceased, Petitioner v. Frank R. Noyes, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 971165. Ivan D. Jones, Jr., Petitioner v. Securities and Ex- change Commission. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 971179. Ronald J. Turner, Administrator of the Estate of Char- lotte M. Turner, and Individually, Petitioner v. Fallon Community Health Plan, Inc. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 971191. Traci Anderson and Cynthia Irons, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971194. Eastern Kentucky Resources, et al., Petitioners v. Fis- cal Court of Magoffin County, Kentucky, et al. Petition for writ of cer- tiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971204. Florida, Petitioner v. Douglas Martin Escobar. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 971244. Gibbs International, Inc., fka Gibbs Textiles, Inc., Peti- tioner v. Internal Revenue Service. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 971283. Stuart Haynsworth, et al., Petitioners v. Lloyd's of Lon- don, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971284. Fayette County Board of Education, Petitioner v. L.G.P., Sr., T.P., and L.G.P., Jr. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

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704 MONDAY, APRIL 20, 1998 No. 971286. Fred G. Zehner, Petitioner v. Robert Paul Smith, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 971288. National Medical Enterprises, Inc., Petitioner v. David K. Bleasdell. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971289. Edward Barsch, et ux., Petitioners v. Joseph Brann, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971291. Richard A. Schmidt, Petitioner v. Sheet Metal Workers' National Pension Fund, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 971297. Allen DeBord, et ux., Individually and as Next Friends for Kelly DeBord, Minor, Petitioners v. Board of Education of the Ferguson-Florissant School District, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Eighth Circuit denied. No. 971300. William Casey McDonald, et ux., et al., Petitioners v. Marva Hammons, Individually and as Commissioner, New York City Department of Social Services, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 971308. Texas Lottery Commission, et al., Petitioners v. Scott Wenner, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971311. Scott Jude Bourque, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. No. 971312. Peace & Love, Inc., et al., Petitioners v. Keith Marshall, dba R. K. Marshall Construction. Petition for writ of certiorari to the Court of Civil Appeals of Oklahoma, First Division, denied. No. 971316. Panda-Kathleen, L. P., Petitioner v. Florida Power Cor- poration and Florida Public Service Commission. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 971319. Donna Madden Casselli, Petitioner v. Henry Casselli, Jr. Petition for writ of certiorari to the Court of Appeal of Louisiana, Fifth Circuit, denied. No. 971321. Hollingsworth & Vose Company, Petitioner v. Milton Horowitz, et ux. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

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MONDAY, APRIL 20, 1998 705 No. 971324. George Washington, Petitioner v. John Summerville, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 971325. Paladin Enterprises, Incorporated, aka Paladin Press, Petitioner v. Vivian Rice, Guardian and Next Friend of Tamielle Horn, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. No. 971327. Kathryn C. Jordan, Petitioner v. Playtex Family Prod- ucts, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 971331. Union Security Life Insurance Company, Petitioner v. Evelyn Crocker. Petition for writ of certiorari to the Supreme Court of Alabama denied. No. 971332. Sarah Yearous, et al., Petitioners v. Niobrara County Memorial Hospital, By and Through its Board of Trustees. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 971333. Ruben R. Smithwick, Jr., et ux., Petitioners v. Green Tree Financial Servicing Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971341. Monem Kabir, Petitioner v. Silicon Valley Bank, Robert McMillan, and Michael Hansen. Petition for writ of certiorari to the Court of Appeal of California, Sixth Appellate District, denied. No. 971345. Daxor Corporation, et al., Petitioners v. New York State Department of Health, et al. Petition for writ of certiorari to the Court of Appeals of New York denied. No. 971348. Mary Jane Wilson, Petitioner v. Thomas David March- ington and Inland Empire Shows, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971349. Ana Maria Painter, Petitioner v. Golden Rule Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 971350. Linda S. Walden, et al., Petitioners v. Georgia-Pacific Corp., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 971351. Gladstone Messam, Petitioner v. Willis Morton, Super- intendent, New Jersey State Prison, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

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706 MONDAY, APRIL 20, 1998 No. 971353. William Fazio, Petitioner v. City and County of San Francisco, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971361. Bronx Household of Faith, Jack Roberts, and Robert Hall, Petitioners v. Board of Education of the City of New York, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 971362. Frank Barrett, Petitioner v. Nancy I. Harrington, aka Penny Harrington. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971363. Roger Schlossberg, Trustee, Petitioner v. Maryland Comptroller of the Treasury. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 971365. United Mexican States, et al., Petitioners v. Grant Woods, Attorney General of Arizona, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Ninth Circuit denied. No. 971366. Pearl B. Matthews, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 971367. Robert Orman, et al., Petitioners v. Charles Schwab & Company, Inc., et al. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 971369. In Re Capital City Press and Joe Gyan, Petitioners. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971370. Hassan Zok, Petitioner v. Robert Eastaugh, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971372. John Whitley, et al., Petitioners v. Raymond Rochon. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971377. Charles E. Waters, et ux., Petitioners v. Pierre B. Fra- zier. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. No. 971379. David Thomas Hightower, Sr., Petitioner v. The Ken- dall Company. Petition for writ of certiorari to the Court of Appeals of Georgia denied.

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MONDAY, APRIL 20, 1998 707 No. 971385. Harold W. Stone, et ux., Petitioners v. City of Lynn, et al. Petition for writ of certiorari to the Appeals Court of Massachu- setts denied. No. 971387. Jason Scott Roof, Petitioner v. Michigan. Petition for writ of certiorari to the Court of Appeals of Michigan denied. No. 971391. Ford Motor Company, Petitioner v. Dee-Witt Sperau and Samuel R. Foster, II. Petition for writ of certiorari to the Supreme Court of Alabama denied. No. 971393. In Re A. Gill Dyer, Petitioner. Petition for writ of cer- tiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971398. Walter V. Cross, aka "Bobo", et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 971405. Jamiu A. Said, Petitioner v. Marvin T. Runyon, Post- master General. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 971409. Vincent J. Koskela and Frank Ruano, Petitioners v. King County, et al.; and No. 977859. John Scannell, Petitioner v. King County, et al. Peti- tions for writs of certiorari to the Supreme Court of Washington denied. No. 971412. Doris Maher, Petitioner v. Long Island University, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 971436. Julia Vitulli Isgro, Petitioner v. New York State Fresh- water Wetland Appeals Board. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial De- partment, denied. No. 971437. L. Keith Yohn, Petitioner v. University of Michigan Regents, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971438. Mary J. Clement, Petitioner v. Virginia Board of Bar Examiners. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 971457. Center for Study and Application of Black Economic Development, Petitioner v. Federal Communications Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

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708 MONDAY, APRIL 20, 1998 No. 971460. United We Stand, America, New York, Inc., et al., Peti- tioners v. United We Stand America. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 971464. Newco, Inc., Petitioner v. Cessna Aircraft Company. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 971466. Leonard Salzman, Petitioner v. BFI Tire Recyclers of MN, Inc., et al. Petition for writ of certiorari to the Court of Appeals of Wisconsin, District III, denied. No. 971467. Ray A. Peterson, Petitioner v. Wisconsin Department of Industry, Labor and Human Relations, et al. Petition for writ of certiorari to the Court of Appeals of Wisconsin, District IV, denied. No. 971475. Rajeshwar Singh Yadav and Roopa Yadav, Petitioners v. West Windsor Township. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 971476. T. Carlton Richardson, Petitioner v. District of Colum- bia Court of Appeals, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 971480. Pro-Football, Inc., dba The Washington Redskins, Peti- tioner v. Hartford Accident and Indemnity Company. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 971482. Case Farms of North Carolina, Inc., Petitioner v. Na- tional Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 971490. Estate of Benjamin J. Gordon, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 971492. Hercules Watson, Petitioner v. Pace West Division, Subdivision of the Regional Transportation Authority. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 971494. Michael Greb and Charles J. Reighard, Petitioners v. General Motors Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971498. Allan R. Powell, et ux., et al., Petitioners v. Commis- sioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

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MONDAY, APRIL 20, 1998 709 No. 971499. Jeffrey Wills Lusk, Petitioner v. Federal Adjustment Bureau, Inc. Petition for writ of certiorari to the Court of Appeals of Ohio, Franklin County, denied. No. 971500. Wallace L. Joyce, Petitioner v. Connecticut. Petition for writ of certiorari to the Supreme Court of Connecticut denied. No. 971502. Norbert Schlei, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 971504. Matthew C. Thompson, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Armed Forces denied. No. 971505. Cornell D. M. Judge Cornish, Petitioner v. Court of Appeals of Maryland, et al. Petition for writ of certiorari to the Court of Appeals of Maryland denied. No. 971506. Sealed Appellee, Petitioner v. Sealed Appellant. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971512. Willie H. Bankhead, Petitioner v. Mississippi, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971513. Dann Fox, Petitioner v. Bandag, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Third Cir- cuit denied. No. 971521. Jan Raz, Petitioner v. Mary A. Brown. Petition for writ of certiorari to the Court of Appeals of Wisconsin, District I, denied. No. 971524. Reza Foroohar, Petitioner v. Supreme Court of Illinois, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. No. 971525. Ross E. Mitchell, Petitioner v. Robert A. Mulligan, Chief Justice, Superior Court of Massachusetts. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 971527. Lance E. Ruck, Petitioner v. United Transportation Union, Executive Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971529. Sadie L. Campbell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

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710 MONDAY, APRIL 20, 1998 No. 971531. Nagesh Shetty, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971538. Hector Aristis Almanzar Duran, aka Aristides, Peti- tioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 971542. Michael O'Keefe, Sr., et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971552. Stoughton Trailers, Inc., Petitioner v. Pace Design & Fab, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971559. T. Doe, Individually, and In Her Capacity as One of the Wrongful Death Beneficiaries of D. Doe, Deceased, Petitioner v. Mississippi Blood Services, Inc. Petition for writ of certiorari to the Supreme Court of Mississippi denied. No. 971583. William Steve Rea, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 971584. Eugene A. Schmitz, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 971585. Joseph F. Agostino, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 977024. Charley Hargus, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 977039. Henry Watkins Skinner, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 977116. Richard H. Austin, Petitioner v. Ricky Bell, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 977121. Dwayne S. Chappell, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 977137. Roy Jett, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

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MONDAY, APRIL 20, 1998 711 No. 977252. Wilma Wise, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 977431. Maximiliano Amparo Concepcion, Petitioner v. Immi- gration and Naturalization Service. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 977465. Humberto Pena, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977478. Latham Riley Bell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 977492. Malcolm Greyson, Petitioner v. Hawaii. Petition for writ of certiorari to the Supreme Court of Hawaii denied. No. 977511. Gary Lefkowitz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 977514. Betty J. Dumas, Petitioner v. Chicago Housing Author- ity. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 977573. Richard D. Moore, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied. No. 977738. Chris G. Roberts, Petitioner v. Bob Evans Farms, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 977842. Norman Richard Cleary, Petitioner v. Oklahoma. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Okla- homa denied. No. 977843. Jerry Plummer, Petitioner v. James Purkett, Superin- tendent, Farmington Correctional Center. Petition for writ of certio- rari to the United States Court of Appeals for the Eighth Circuit denied. No. 977844. Felix Oriakhi, Petitioner v. Robert C. Parsons, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977861. Arthur J. Toegemann, Petitioner v. James O. Prochaska, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the First Circuit denied.

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712 MONDAY, APRIL 20, 1998 No. 977863. Charles Villacres, Petitioner v. Matthew C. Kramer, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977864. Stephen Leon Williams, Petitioner v. Howard Carlton, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 977865. Timothy E. White, Petitioner v. James E. McMillan, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977866. Gracie McBroom, Petitioner v. Public Utilities Commis- sion of Ohio, et al. Petition for writ of certiorari to the Court of Appeals of Ohio, Franklin County, denied. No. 977867. Brian Dale DuBuc, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. No. 977873. Timothy Edward White, Petitioner v. James E. McMil- lan, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977874. Donald L. Armstrong, Petitioner v. Rolm A. Siemans Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977877. David Loomus Cargill, Petitioner v. Tony Turpin, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. No. 977880. Anderson L. Terry, Petitioner v. Vance County, North Carolina, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977881. Willie Roy Houston, Petitioner v. Leslie W. Woods, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977882. Walter James Griffin, Petitioner v. City of Tampa, Flor- ida, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977884. Andrew Valdez, Myrna Valdez, and Brenda Leota Val- dez, Petitioners v. Lucky Fonoimoana, et al. Petition for writ of certio- rari to the Supreme Court of Hawaii denied. No. 977889. Andrew M. Aspelmeier, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Third Dis- trict, denied.

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MONDAY, APRIL 20, 1998 713 No. 977892. Randy Dale Tarr, Petitioner v. Matthew Eshenbaugh, et ux. Petition for writ of certiorari to the Superior Court of Pennsyl- vania, Pittsburgh Office, denied. No. 977893. Jim Allard, Petitioner v. Frank Elo, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 977894. Sarn Chiam Saelee, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied. No. 977895. Ernest Conrod, Jr., Petitioner v. Roger Davis, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 977898. Homayoun Nik-Khah, Petitioner v. Manijeh Zandi. Peti- tion for writ of certiorari to the Court of Appeals of Kansas denied. No. 977901. Doris R. Murray, Petitioner v. University of Maryland Medical Systems. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977904. Don Heard, Petitioner v. Iowa Finance Authority, et al. Petition for writ of certiorari to the District Court of Iowa, Polk County, denied. No. 977907. Hans W. Hoffmann, Petitioner v. GSF Investment Com- pany. Petition for writ of certiorari to the District Court of Appeal of Florida, Third District, denied. No. 977912. Donald E. Henry, Petitioner v. Langner and Associates, Inc. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 977913. Robert Douglas Gibson, Petitioner v. Anthony Murray, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 977915. Bradley Follett, Petitioner v. Arizona. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Cir- cuit denied. No. 977916. Michael F. Erdheim, Petitioner v. Andrew M. Thaler. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 977920. Rodney Sampson, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. No. 977924. John Kalani Lincoln, Petitioner v. Anderson Hee, et al. Petition for writ of certiorari to the Supreme Court of Hawaii denied.

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714 MONDAY, APRIL 20, 1998 No. 977926. Jo Blackburn Karasek, Petitioner v. Court of Common Pleas of Ohio, Montgomery County. Petition for writ of certiorari to the Court of Appeals of Ohio, Montgomery County, denied. No. 977930. Frank Jarvis Atwood, Petitioner v. Arizona. Petition for writ of certiorari to the Superior Court of Arizona, Pima County, denied. No. 977937. Kevin J. Reid, Petitioner v. City of Flint, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 977945. Jessie D. McDonald, Petitioner v. Tennessee. Petition for writ of certiorari to the Supreme Court of Tennessee, Middle Divi- sion, denied. No. 977953. Lonnie Burton, Petitioner v. Washington. Petition for writ of certiorari to the Court of Appeals of Washington, Division 1, denied. No. 977960. Dorothy P. Litzenberg, Petitioner v. John H. Litzenb- erg. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. No. 977964. Jamal A. Azeez, Petitioner v. William Duncil, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977965. Michael K. Poland, Petitioner v. Terry L. Stewart, Di- rector, Arizona Department of Correction, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977966. Bernard Bewry, Petitioner v. Hartford Police Depart- ment, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 977969. James Carpenter, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied. No. 977973. Philip Wayne Berryman, Petitioner v. Edward Colbert. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 977977. Oscar Gates, Petitioner v. United States District Court for the Central District of California. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977978. Danny D. Goodroad, Petitioner v. John H. Fitzgerald, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied.

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MONDAY, APRIL 20, 1998 715 No. 977983. Darrick Hall, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern Dis- trict, denied. No. 977985. Thomas DeBlase, Petitioner v. Lawrence V. Roth, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 977986. Dale Edward Flanagan, Petitioner v. Nevada; and No. 978014. Randolph Moore, Petitioner v. Nevada. Petitions for writs of certiorari to the Supreme Court of Nevada denied. No. 977988. Monty Ray Haynes, Petitioner v. Dennis J. Kepka, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 977989. William A. Evans, Petitioner v. Jack Hartwig, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 977990. Thomas W. Hawkins, Jr., Petitioner v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern District, denied. No. 977993. Oba Chandler, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 978002. Santiago Tapia, Petitioner v. Kris Henigman. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 978007. Tyrone Jackson, Petitioner v. Hans Walker, Superin- tendent, Auburn Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 978013. Thomas Moore, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 978023. Ralph Stephen Baze, Jr., Petitioner v. Kentucky. Peti- tion for writ of certiorari to the Supreme Court of Kentucky denied. No. 978029. Linda Lee Mason-Neubarth, Petitioner v. Dameron Hospital Association. Petition for writ of certiorari to the Court of Appeal of California, Third Appellate District, denied. No. 978031. Jaime Kainoa Kaluna, Petitioner v. Keith M. Kaneshiro, Director, Hawaii Department of Public Safety. Petition for writ of cer- tiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978032. Dawn Marie Wheatley, Petitioner v. Oregon. Petition for writ of certiorari to the Court of Appeals of Oregon denied.

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716 MONDAY, APRIL 20, 1998 No. 978033. Andre S. Bland, Petitioner v. Tennessee. Petition for writ of certiorari to the Supreme Court of Tennessee, Western Divi- sion, denied. No. 978035. Guy Edwin Sparkman, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Twelfth District, denied. No. 978046. Clarence R. Hayes, Petitioner v. Western Weighing and Inspection Bureau. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978058. Tina Marie McLavey, Petitioner v. Oregon. Petition for writ of certiorari to the Court of Appeals of Oregon denied. No. 978060. Willie E. Enoch, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 978068. Michael Shellito, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 978073. Pete Garcia, Petitioner v. Anthony Datillo, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 978103. Leonard Kidd, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 978124. William C. Weyman, Sr., Petitioner v. Mifflin County, Pennsylvania, et al. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Middle District, denied. No. 978128. M. L. Mc., a Minor, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied. No. 978137. Calvin Carlos Campbell, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 978146. Jesus Sandoval Macias, Petitioner v. California. Peti- tion for writ of certiorari to the Supreme Court of California denied. No. 978147. Lewis Jerome Lee, Petitioner v. Kenneth D. Kyler, Superintendent, State Correctional Institution & Diagnostic/Classifi- cation Center at Camp Hill, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 978163. John J. Shaughnessy, Petitioner v. City of Laconia. Peti- tion for writ of certiorari to the Supreme Court of New Hampshire denied. No. 978169. Thomas D. Crooks, Jr., Petitioner v. Charles Williams, Sr. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

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MONDAY, APRIL 20, 1998 717 No. 978185. Janise Lorraine Powell, Petitioner v. Department of the Air Force. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 978199. Thomas Lee Umphfrey, Petitioner v. David Dormire, Superintendent, Jefferson City Correctional Center. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 978201. Elizabeth G. Brown, Petitioner v. Melvin Wilson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 978222. Calvin Cole, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 978226. Jaclyn Feeney, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 978240. Frederick M. Dever, Jr., Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 978249. Reginald Michaud, Petitioner v. Maine. Petition for writ of certiorari to the Supreme Judicial Court of Maine denied. No. 978259. Orlanzo Hollingsworth, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978261. Yvonne M. Flory-Outten, Petitioner v. Office of Person- nel Management. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 978263. Neal Franklin Hesterlee, Petitioner v. Truett Goodwin, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 978264. Lamar Caldwell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 978267. Joseph Lee Aaron, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 978273. Earl David Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

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718 MONDAY, APRIL 20, 1998 No. 978277. Thomas R. Warren, Jr., Petitioner v. Ricky Bell, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 978283. James B. Terry, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978285. Danny Rene Smith, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Twelfth District, denied. No. 978290. Sherric Deshawn Guess, aka Shawn Guess, aka Baby G., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978292. Diane M. Gaskell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 978293. Charles Leroy Jones, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978294. Christian Key, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 978296. Rene J. Nadeau, Petitioner v. Internal Revenue Serv- ice. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 978297. Marvin J. Kritzman, Sr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978300. Lenwood Crochran, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 978301. Charles W. McGriff, Petitioner v. United States. Peti- tion for writ of certiorari to the District of Columbia Court of Ap- peals denied. No. 978310. Richard Robert Johnson, Petitioner v. David Crist, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 978313. Glenn Carroll, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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MONDAY, APRIL 20, 1998 719 No. 978314. Joseph N. Sarich, Petitioner v. United States; and No. 978363. Mario Guerrieri, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 978319. Charles E. Brewster, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 978322. Bobby James Leach, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 978326. Harold Joseph Walden, II, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978327. David B. Watson, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 978331. Paul Eugene Chilton, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 978333. Bruce Wayne Modglin, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 978334. Anthony Wallace, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 978336. Martin P. Ventura, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 978337. Anthony Dean Conley, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 978338. Kenneth Scott Burns, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 978339. James Mitchell, Petitioner v. Christopher Artuz, Super- intendent, Green Haven Correctional Facility. Petition for writ of cer- tiorari to the United States Court of Appeals for the Second Circuit denied.

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720 MONDAY, APRIL 20, 1998 No. 978342. Monroe Bullock, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 978344. Timothy Spence, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 978346. Donald L. Phillips, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 978347. Danny Ray Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 978349. Robert M. Joost, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 978350. Chucky Ray Johnson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978351. Michael Johnson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 978354. Jose Luis Nunes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 978366. Lazaro Hernandez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 978369. Adriano Peralta-Reyes, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 978381. Jeffery H. Reynolds, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978391. Benny R. Wicks, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 978394. Richard Messina, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

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MONDAY, APRIL 20, 1998 721 No. 978396. Gary Ladon Moore, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 978399. Allen Raymond Johnson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978400. Eddie Dean Morris, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978403. Samuel William Brawner, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 978404. Richard Bagarozy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 978407. David Lloyd Williams, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978417. William C. Rich, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978444. Abraham Gilbert, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 971112. Ricky Bell, Warden, Petitioner v. Richard H. Austin. Motion of respondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971159. Michael Bowersox, Superintendent, Potosi Correc- tional Center, Petitioner v. Eric Clemmons. Motion of respondent for leave to proceed in forma pauperis granted. Petition for writ of certio- rari to the United States Court of Appeals for the Eighth Circuit denied. No. 971205. Florida, Petitioner v. Dennis Javier Escobar. Motion of respondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 971201. Regents of the University of California, Petitioner v. Eli Lilly and Company. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. Justice O'Con- nor took no part in the consideration or decision of this petition.

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722 MONDAY, APRIL 20, 1998 No. 971380. Eli Lilly and Company, Petitioner v. Regents of the University of California. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. Justice O'Con- nor took no part in the consideration or decision of this petition. No. 971343. Scott Lawvere, et ux., Petitioners v. East Lycoming School District, et al. Motion of petitioners Scott Lawvere, et ux., to strike brief in opposition denied. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 977868. Mars L. Gore, Petitioner v. The Enterprise. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit before judgment denied. No. 978155. Kathleen Brockman, Petitioner v. Sweetwater County School District No. 1. Application for stay addressed to The Chief Justice and referred to the Court denied. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

Habeas Corpus Denied No. 978462. In Re Walden R. Chatman, Petitioner; No. 978478. In Re Billy Frederick Allen, Petitioner; and No. 978500. In Re William Flowers, Petitioner. Petitions for writs of habeas corpus denied.

Mandamus Denied No. 977841. In Re David McDowell Robinson, Petitioner; No. 977962. In Re William D. Longenette, Petitioner; and No. 978276. In Re Kenneth Malone, Petitioner. Petitions for writs of mandamus denied.

Rehearings Denied No. 97944. Jason R. Craddock and David J. Lytle, Petitioners v. Circuit Court of Virginia, Prince William County; No. 971042. Alan Leslie Himber, Petitioner v. Thomas D. Powers, et al.; No. 971046. Paul M. McDonald, Petitioner v. St. Louis Southwest- ern Railroad; No. 971076. American Relocation Network International, Inc., Peti- tioner v. Wal-Mart Stores, Inc., et al.; No. 971079. Leston Stallworth, Jr., Petitioner v. Alabama; No. 971093. Stanton D. Shifman, Petitioner v. United States; No. 976173. Glenda S. Wells, Petitioner v. Dale M. Wells;

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MONDAY, APRIL 20, 1998 723 No. 976382. Frank Jackson, Petitioner v. James V. Anderson, Superintendent, Mississippi State Penitentiary; No. 976504. Robert L. McClain, Petitioner v. James S. Price, Super- intendent, State Correctional Institution at Pittsburgh, et al.; No. 976610. Joshua Daniel Bishop, Petitioner v. Georgia; No. 976697. Rickey Leon Scott, Petitioner v. Robert A. Brundage; No. 976706. John Jozaitis, Petitioner v. Fort Dearborn Life Insur- ance Company; No. 976806. Joe Clark Mitchell, Petitioner v. John Rees, Warden; No. 976851. Robert Simpson, Petitioner v. Florida; No. 976872. Thomas Bates, Petitioner v. United States; No. 977076. Julian Arthur Randall, Jr., Petitioner v. Gary L. John- son, Director, Texas Department of Criminal Justice, Institutional Division; No. 977147. Elease Bradford, Petitioner v. Louisiana State Univer- sity Medical Center, et al.; No. 977157. Tafford Lee Holman, Petitioner v. Thomas F. Page, Warden; No. 977194. Patricia L. Baade, Petitioner v. Columbia Hospital for Women, et al.; No. 977240. Gary Chad Thomason, Petitioner v. Georgia; No. 977277. Johnny Mack Brown, Petitioner v. United States; No. 977293. Kamran Tavakoli-Nouri, Petitioner v. Washington Hos- pital Center, et al.; No. 977323. David Sommers, Petitioner v. Kentucky; No. 977329. Michael Georges Keselica v. Virginia; No. 977394. Archie Sharp, Jr., Petitioner v. John Makowski, Warden; No. 977449. Darrell L. Ricks, Petitioner v. F. Thomas, et al.; No. 977587. Donnie Ray Wilkinson, Petitioner v. James C. Sumner, Magistrate Judge, United States District Court for the Southern Dis- trict of Mississippi; and No. 977610. William G. Haake, Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections, et al. Petitions for rehearing denied. No. 97699. Larry Cooper, Petitioner v. United States. Motion of petitioner for leave to proceed further herein in forma pauperis granted. Petition for rehearing denied.

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724 MONDAY, APRIL 20, 1998 Attorney Discipline No. D1175. In the Matter of Disbarment of William James Hickey. Disbarment order entered. No. D1895. In the Matter of Disbarment of Clayton R. Jackson. Disbarment order entered. No. D1908. In the Matter of Disbarment of George Ward Trammell, III. Disbarment order entered. No. D1929. In the Matter of Howard J. Pobiner. Howard J. Pobiner, of White Plains, New York, 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 the practice of law before this Court. The Rule to Show Cause, issued on March 30, 1998, is discharged. No. D1934. In the Matter of Disbarment of Gerald A. Sadler. Gerald A. Sadler, of Houston, Texas, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1935. In the Matter of Disbarment of L. Obioma Aham-Neze. L. Obioma Aham-Neze, of Houston, Texas, is suspended from the prac- tice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1936. In the Matter of Disbarment of Michael Ira Greer. Mi- chael Ira Greer, of Poway, California, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1937. In the Matter of Disbarment of Walter Benjamin Fey. Walter Benjamin Fey, of Reno, Nevada, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1938. In the Matter of Disbarment of Seth R. Rotter. Seth R. Rotter, of New York, New York, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1939. In the Matter of Disbarment of Eugene J. Irons. Eugene J. Irons, of Mesa, Arizona, is suspended from the practice of law in this

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MONDAY, APRIL 20, 1998 725 Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1940. In the Matter of Disbarment of Barbara Kaplan Lewin- son. Barbara Kaplan Lewinson, of East Brunswick, New Jersey, is sus- pended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring her to show cause why she should not be disbarred from the practice of law in this Court. No. D1941. In the Matter of Disbarment of Richard Laurence Huber. Richard Laurence Huber, of Washington, D. C., is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

Admissions to the Bar on Written Motions Applicant City and State Movant

Bette Orovan Adelman Phoenix, AZ Diane Albrecht Huckleberry Jay Ronald Aldis Houston, TX Michael Paul Fleming Margaret Marie Allison Lexington, KY Larry H. Marshall Patrice Smiley Andrews New York, NY Joseph Trovato Robert Joseph Antonello Winter Haven, FL Reinhold J. Fegers Timothy Keith Armstrong Arlington, VA John Minor Wisdom Barry J. Armstrong Atlanta, GA David E. Hudson Joseph P. H. Babington Mobile, AL Frederick George Helmsing Francis J. Balint, Jr. Phoenix, AZ Jerry C. Bonnett Malcolm Joel Barach Brockton, MA Leonard I. Shapiro Michael J. Barnhart Detroit, MI Elizabeth Rose Alexander Lisa Wojdak Basial Harrisburg, PA Gwendolyn T. Mosley James J. Belanger Tempe, AZ Susan M. Freeman Jonathan C. Berns St. Louis, MO S. Sheldon Weinhaus Peter David Bernstein Washington, DC David P. Houlihan

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726 MONDAY, APRIL 20, 1998

Applicant City and State Movant Robert A. Bertsche Boston, MA Joseph D. Steinfield Vicki W. Beyer Princeton, NJ Albert M. Stark David Steven Biderman Washington, DC William T. Hassler Robert Selden Black Colorado Springs, Johnny H. CO Edwards Mary Catherine Bodo Philadelphia, PA Syndi Leigh Guido Jose Carlos Bofill Miami, FL Russell Alan Spatz James Andre' Boles Reno, NV Jeffrey A. Dickerson Phillip A. Bradley Atlanta, GA David E. Hudson Rick Brass Houston, TX Charles Richard Fine Michael Edward Braxton Pittsburgh, PA John Charles Cleary JoAnne Breese-Jaeck Racine, WI Robert H. Bichler Bradley Dean Brickell Oklahoma City, Arthur R. Angel OK Jon David Brittingham Cincinnati, OH Frank C. Woodside, III Eden Rose Brown Salem, OR Hugo Nathan Gerstl Clifford Louis Callis, Jr. Gadsden, AL Clarence F. Rhea Christopher Vincent Leesburg, FL Walter Smith Carlyle McLin, III James T. Catlow Los Angeles, CA Danny Rocke Grant J. Patrick Claiborne Augusta, GA Gregg Evan McDougal Mark C. Clements Dallas, TX Bryan Kent Ford Gary James Clifford Hollister, CA John Howard O'Brien John J. Cloherty, III Boston, MA Kevin S. McDermott Eric James Davidson Charleston, SC Morris Dawes Cooke, Jr. Maureen DeMaio Santa Barbara, Joseph Dulles CA Allen

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MONDAY, APRIL 20, 1998 727

Applicant City and State Movant

John F. DeRosier Lake Charles, LA Allen L. Smith, Jr. Dineen T. Deel Denver, CO Deborah Andreia Cisneros Thomas A. Delegal, III Jacksonville, FL D. Gray Thomas John Fieberling DiNapoli San Jose, CA David M. Kirsch John William Dineen Providence, RI Caroline Cole Cornwell Warren L. Dranit Santa Rosa, CA William J. Arnone, Jr. Jill Anne Dunn Albany, NY William James Dreyer James J. Feder Los Angeles, CA Charles Gerard Smith Robert Gregory Fegers Winter Haven, FL Reinhold J. Fegers Elaine B. Feingold Berkeley, CA Barry L. Goldstein Joseph A. Fink Lansing, MI Jeffrey Van Dyne Stuckey Ariadne Marie Michaelides Tampa, FL F. Dennis Alvarez FitzGerald Mark D. Flanagan Palo Alto, CA Keith L. Slenkovich Robert J. Fogarty Cleveland, OH Neil Kenneth Evans John D. Fognani Denver, CO Adam Babich Edward A. Frazier Columbia, SC Gerald Michael Finkel Steven J. Fromm Tinton Falls, NJ Margaret Flaherty Gillen Stephen William Funk Washington, DC David V. Bernal David Patrick Gaccione New London, CT Robert I. Reardon, Jr. Todd Mark Galante Newark, NJ Karol Corbin Walker Emily Elizabeth Garrard Savannah, GA R. Stephen Sims Stanley L. Gibson San Francisco, CA Graydon Shaw Staring Cynthia F. Gilbertson Minneapolis, MN David F. Herr Terri L. Goldberg Baltimore, MD Thomas J. Althauser

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728 MONDAY, APRIL 20, 1998

Applicant City and State Movant

Michael Craig Goldberg St. Louis, MO Jerome J. Dobson Alan Goldfarb Miami, FL Sanford Lewis Bohrer Thomas D. Graber Dallas, TX Charles Clark James J. Grawe Frankfort, KY Morgan Ransdell Marlin Woodrow Griffin, Jr. Hampton, VA Thomas E. Glascock Edward George Guedes Miami, FL Irwin J. Block Richard D. Hailey Indianoplis, IN Lila J. Young Laura Ellen Hankins Washington, DC George H. Kendall, III Susan Nichella Hayes Worthington, OH E. Bruce Hadden Laurel E. Henderson Atlanta, GA George E. Glaze Warren C. Herlong, Jr. Mobile, AL Frederick George Helmsing Thomas David Hird Tulsa, OK Joseph Arthur Sharp Jeffrey Paul Horblit Chatham, NJ Robert John David Reilly Kevin Harrison Hudson Atlanta, GA Brenda Sue Hill Cole William P. Hurley, Jr. Louisville, KY Douglas Edward Feldkamp Richard Peter Hutchison Kansas City, MO Edwin Meese, III Ty Hyderally Pensacola, FL Francis John Lorson Donald J. Jaret Miami, FL Neil Flaxman John V. Johnson Chico, CA Dennis Michael Latimer Gary Alan Jonesi Washington, DC Marged Griffith Harris H. Jay Kallman Los Angeles, CA Christopher Gerald Caldwell Matthew A. Kaufman New York, NY Herman Mandel Koenigsberg Peter J. Kaynor Mexico, ME Paul R. Dumas, Jr. Phyllis Montgomery Keaty Lafayette, LA Robert Martin Fleming

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MONDAY, APRIL 20, 1998 729

Applicant City and State Movant John Barry Kelly, II Pensacola, FL Francis John Lorson Patricia Farrell Kerelo Philadelphia, PA John P. Quinn Robert C. King Frisco City, AL Jack Booker Weaver Alan F. Kirk State College, PA Michael P. Yeager Robert Joseph Kirwan, II Reading, PA Frederick M. Nice Timothy Lee Knudtson Rapid, SD Mark Falk Herbert Peter Kunowski Los Angeles, CA Patrick Michael Kelly John Allen Lambeth Sacramento, CA C. George Deukmejian Frank H. Lancaster Charlotte, NC John Baltzly Garver, III Burt Thomas Lau Honolulu, HI Harold Chu Robert James Lauson Manhattan Beach, Donald M. Cislo CA Ike Allen Laws, III Russellville, AR Ike Allen Laws, Jr. Hugh Richardson Laws Russellville, AR Ike Allen Laws, Jr. Theodore David Leon St. Paul, MN Patricia Ann Rogin Elizabeth Land Lewis Washington, DC Peter Chatilovicz Thomas A. Linton Cleveland, OH Maynard Leon Graft, Jr. Thomas Victor Loran, III San Francisco, CA John Michael Grenfell Michael B. Lustgarten Omaha, NE Mark Alan Weber Thomas J. Mahoney, Jr. Savannah, GA John Frederick Mart Ranitz, Jr. Carlos Antonio Martinez Sacramento, CA Michael J. Weinberger Joseph J. Mastrogiovanni, Dallas, TX Paul V. Storm Jr. Stephen Riley McSpadden Bethesda, MD Michael Ross Lemov Joyce A. Merritt Lexington, KY Peter Perlman

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730 MONDAY, APRIL 20, 1998

Applicant City and State Movant John W. Mills, III Los Angeles, CA Charles Gerard Smith Mark E. Moreland St. Louis, MO Jerome J. Dobson Timothy Webb Murdoch Russellville, AR Ike Allen Laws, Jr. Stephen Edward Navega Seekonk, MA Robert M. Brady Joseph Emanuel Neuhaus New York, NY John Dickey Amy F. Nogid New York, NY Edward F. X. Hart Ross R. Nott Sacramento, CA John Michael LaPlante Bradley S. Odom Pensacola, FL Francis John Lorson William Paikuli Ornellas Honolulu, HI Daniel K. Inouye George Herbert Ostler Norwich, VT Gary Nowell Apfel Cliff M. Palefsky San Francisco, CA John R. Hillsman Susan K. Pintar Los Angeles, CA Harold Greenberg Douglas Scott Porter Frankfort, KY Morgan G. Ransdell Andrew Troy Potter Anderson, SC Bruce A. Byrholdt William R. Powers, III Providence, RI Thomas Critchfield Keeney Richard James Purcell Yonkers, NY Robert John David Reilly Steven Jeff Renick Rossmoor, CA Patty Mortl Philip Raymond Richards Tulsa, OK Joseph Arthur Sharp Michael D. Richman Chicago, IL Lowell E. Sachnoff David L. S. Richmond Los Angeles, CA James Ronald Gotcher Arthur F. Risden Haddonfield, NJ George F. Kugler, Jr. Jan Marie Ritchie Philadelphia, PA James M. Marsh Scott L. Robertson Washington, DC Thomas Jefferson Scott, Jr. Shannon L. Robinson Bloomington, IN Thomas A. Berry Thomas D. Rodenberg Blue Springs, MO Dennis E. Egan Leon Rodriguez Pittsburgh, PA Paul J. Brysh Christopher James Ruiz Los Angeles, CA Joel A. Davis

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MONDAY, APRIL 20, 1998 731

Applicant City and State Movant Hobert Brian Rupe Lincoln, NE Donald B. Stenberg, Sr. Bradley P. Ryder Huntsville, AL Don A. Howard Jeffrey W. Sarles Chicago, IL Stephen M. Shapiro Cesar Alfred Sastre Miami, FL Francis Aloysius Chas. Sevier Daniel Joseph Schendzielos Denver, CO Deborah Andreia Cisneros Donald Louis Schlemmer Washington, DC Myron G. Hill, Jr. Eric Schnaufer Chicago, IL Frederick J. Daley, Jr. Andrew W. Schwartz San Francisco, CA Louise H. Renne Michael Senoyuit, III Montgomeryville, Gregory Frank PA Mondjack Joseph H. Serota Miami, FL Irwin J. Block Michael Shaunessy Austin, TX Linda Ibach Shaunessy Anthony R. Sherr Worcester, PA Judge Bruce W. Kauffman Leonard M. Shulman Santa Ana, CA Richard A. Marshack Martin Neil Silberman New York, NY Kevin P. Fitzpatrick Heidi Bernadette Silvey Spokane, WA Francis J. Conklin Mark Joseph Stanziano Somerset, KY Marvin L. Coan John L. Steiner Anchorage, AK Teresa Eileen Williams Neal E. Stenberg Lincoln, NE Gregory D. Barton Muriel Midori Taira Honolulu, HI Harold Chu Daly D. E. Temchine Washington, DC William G. Kopit Paul M. Terrill, III Austin, TX Frank W. Calhoun Elizabeth L. Thompson Chicago, IL Lindley J. Brenza Randy V. Thompson Minneapolis, MN Gary E. Persian Larry G. Trail Murfreesboro, TN Jeffrey S. Henry Howard S. Trickey Anchorage, AK Randall Gene Simpson Francis L. Van Dusen, Jr. Seattle, WA James R. Dickens John V. Wadsworth San Francisco, CA John R. Reese

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732 MONDAY, APRIL 20, 1998

Applicant City and State Movant Leatrice D. Walsh West Warwick, RI Judith I. Scott Patricia Jean Wang New York, NY Peter F. Nadel Dawn Ellen Warfield Charleston, WV Silas Bent Taylor Tim Weaver Batesville, AR John Norman Harkey Keith Michael Weddington Charlotte, NC William Lawrence Rikard, Jr. Stacy K. Weinberg Charlotte, NC William Lawrence Rikard, Jr. David E. Weischadle, II Quincy, MA Charles J. Casale, Jr. Bryant L. Welch Potomac, MD Robert K. Jenner James Warren White Nashville, TN Walter H. Crouch Joel R. White Houston, TX Laura Gibson Robert Lee Whittaker Oklahoma City, William A. OK Edmondson Jean M. Wilkinson Olympia, WA Christine O'Grady Gregoire David Reece Williams, III Columbia, SC Thomas English McCutchen, Jr S. Todd Willson Baltimore, MD Thomas J. Althauser Tammy S. Wood Dallas, TX E. Russell Nunnally Julian H. Wright, Jr. Charlotte, NC John Baltzly Garver, III George Alan Yuhas San Francisco, CA William Lavington Riley Donald Paul Zeifang Washington, DC Gerald A. Connell

Admissions to the Bar on Oral Motions Applicant City and State Movant Stephen Michael Barbas Tampa, FL Francis John Lorson Fredric Darell Reed Seattle, WA Francis John Lorson Michael Paul Bruyere Atlanta, GA John Karl Aurell Brian Francis McGrail Tallahassee, FL Patrick A. Loebig Kathy Stroh Mendoza Trenton, NJ Patrick A. Loebig

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MONDAY, APRIL 20, 1998 733

Applicant City and State Movant Raymond J. Antonacci Waterbury, CT Richard Michael Marano Catherine Brannelly Austin Cheshire, CT Richard Michael Marano Thomas C. Austin, Jr. Cheshire, CT Richard Michael Marano John J. Davenport Meriden, CT Richard Michael Marano Scott Allan Hartley Waterbury, CT Richard Michael Marano Maureen McCourt Keegan Waterbury, CT Richard Michael Marano Gina Marie Petrokaitis Waterbury, CT Richard Michael Marano Joseph John Petrokaitis Waterbury, CT Richard Michael Marano Efrain Alvarado Bronx, NY Hugh W. Campbell Daniel M. Chavez New York, NY Hugh W. Campbell Lorraine C. Corsa New York, NY Hugh W. Campbell Stuart Lee Davis Bronx, NY Hugh W. Campbell Harold Solomon Entes Manhasset Hills, Hugh W. Campbell NY Philip F. Foglia Bronx, NY Hugh W. Campbell Monica S. Eskin New York, NY Hugh W. Campbell Howard I. Getz Bronx, NY Hugh W. Campbell Matthew Marchese Bronx, NY Hugh W. Campbell Michael A. Marinaccio Bronx, NY Hugh W. Campbell Philip J. Mondello Ossining, NY Hugh W. Campbell Norton Pinzer New York, NY Hugh W. Campbell Trevor Arthur Reid New York, NY Hugh W. Campbell Victor G. Daly Rivera New York, NY Hugh W. Campbell Lawrence John Sheehan New York, NY Hugh W. Campbell Howard R. Silver Bronx, NY Hugh W. Campbell Jeff Warren Silver Ardsley, NY Hugh W. Campbell James Kevin Walsh New York, NY Hugh W. Campbell Samuel Viruet New York, NY Hugh W. Campbell

Oral Arguments No. 97873. United States, Petitioner v. Aloyzas Balsys. Argued by Mr. Michael R. Dreeben for the petitioner and by Mr. Ivars Berzins for the respondent.

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734 MONDAY, APRIL 20, 1998 No. 97461. Wisconsin Department of Corrections, et al., Petitioners v. Keith D. Schacht. Argued by Mr. Richard B. Moriarty for the peti- tioners and by Mr. David E. Lasker for the respondent.

Adjourned until Tuesday, April 22, 1998, at 10 o'clock.

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(JOURNAL) TUESDAY, APRIL 21, 1998 735 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Opinions

No. 975310. David R. Beach, et ux., Petitioners v. Ocwen Federal Bank. On writ of certiorari to the Supreme Court of Florida. Judgment affirmed. Opinion by Justice Souter. No. 961584. Terry Campbell, Petitioner v. Louisiana. On writ of certiorari to the Court of Appeal of Louisiana, Third Circuit. Judgment reversed, and case remanded to the Court of Appeal of Louisiana, Third Circuit, for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice Kennedy. Opinion by Justice Thomas, with whom Justice Scalia joins, concurring in part and dissenting in part. No. 97147. Atlantic Mutual Insurance Company, Petitioner v. Com- missioner of Internal Revenue. On writ of certiorari to the United States Court of Appeals for the Third Circuit. Judgment affirmed. Opinion by Justice Scalia.

Admissions to the Bar on Oral Motions Applicant City and State Movant Robert Philip Wolfson Naperville, IL Cynthia June Rapp Joseph P. Eriole East Greenbush, Patricia Ann NY Millett Rose Boon Fua San Francisco, CA Paula A. Brantner Timothy M. Purnell Fairfax, VA Tommy Arthur Purnell Cheryl G. Rice Oakton, VA Steven Mark Garver Richard Anthony Rice, Jr. Washington, DC Francis Michael Doherty Gary Lynn Rowell Kosciusko, MS Amy Jayne Altemus Hardman

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736 TUESDAY, APRIL 21, 1998

Applicant City and State Movant Margaret A. Zuleger Chicago, IL Ernest T. Rossiello Vincent John Convery, Jr. Washington, DC Robert K. Walsh Carol Lumb Allen Ormond Beach, Robert K. Walsh FL Karen Marie Linz Dunedin, FL Robert K. Walsh Bobbi Acord Gomez Atlanta, GA Robert K. Walsh Mark Andrew Gomez Newman, GA Robert K. Walsh Stephen R. Berlin Winston-Salem, Robert K. Walsh NC W. Thompson Comerford, Winston-Salem, Robert K. Walsh Jr. NC Ashley L. Hogewood, Jr. Charlotte, NC Robert K. Walsh Charles William Kafer New Bern, NC Robert K. Walsh John Wells Lassiter Charlotte, NC Robert K. Walsh Dickson McCarthy Lupo Charlotte, NC Robert K. Walsh Bobby Gray Martin Winston-Salem, Robert K. Walsh NC George B. Mast Smithfield, NC Robert K. Walsh Julie Kathleen Sandine Nashville, TN Robert K. Walsh

Oral Arguments No. 97501. Randall Ricci, Petitioner v. Village of Arlington Heights. Argued Mr. Kenneth N. Flaxman for the petitioner, by Mr. David A. Strauss for the respondent, and by Ms. Patricia A. Millett for the United States as amicus curiae, by special leave of the Court. No. 976270. Gerald R. Caron, Petitioner v. United States. Argued by Mr. Owen S. Walker for the petitioner and by Mr. Jonathan Nuecht- erlein for the respondent.

Adjourned until Wednesday, April 22, 1998, at 10 o'clock.

Order In Pending Case No. A794. Glennon Paul Sweet, Applicant v. Missouri. Application for stay of execution of sentence of death presented to Justice Thomas and by him referred to the Court denied.

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TUESDAY, APRIL 21, 1998 737 Certiorari Denied No. 978717. Jose Roberto Villafuerte, Petitioner v. Arizona. Appli- cation for stay of execution of sentence of death presented to Justice O'Connor and by her referred to the Court denied. Petition for writ of certiorari to the Supreme Court of Arizona denied.

Habeas Corpus Denied No. 978769. In Re Jose Roberto Villafuerte, Petitioner. Application for stay of execution of sentence of death presented to Justice O'Connor and her referred to the Court denied. Petition for writ of habeas cor- pus denied.

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(JOURNAL) WEDNESDAY, APRIL 22, 1998 739 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Opinions

No. 961400. California and State Lands Commission, Petitioners v. Deep Sea Research, Inc., et al. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment affirmed in part, vacated in part, and case remanded to the United States Court of Appeals for the Ninth Circuit for further proceedings in conformity with the opinion of this Court. Opinion by Justice O'Connor. Concur- ring opinion by Justice Stevens. Concurring opinion by Justice Ken- nedy, with whom Justice Ginsburg and Justice Breyer join. No. 961060. Lorelyn Penero Miller, Petitioner v. Madeleine K. Al- bright, Secretary of State. On writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit. Judgment af- firmed. Justice Stevens announced the opinion of the judgment of the Court and delivered an opinion in which The Chief Justice joins. Opin- ion by Justice O'Connor, with whom Justice Kennedy joins, concurring in the judgment. Opinion by Justice Scalia, with whom Justice Thomas joins, concurring in the judgment. Dissenting opinion by Justice Gins- burg, with whom Justice Souter and Justice Breyer join. Dissenting opinion by Justice Breyer, with whom Justice Souter and Justice Gins- burg join.

Admissions to the Bar on Oral Motions Applicant City and State Movant Waldemar D. Halka San Diego, CA Jeffrey John Stuetz William Charles Henderson Arlington, VA John S. Albanese James J. Hess Norwalk, CT Edward John Zamm Cathy J. Lichter Washington, DC Wendy Luise Addiss Michael Norman Spargo Quantico, VA Calvin Loren Scovel, III George Albert Stein Atlanta, GA Stanley S. Stein

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740 WEDNESDAY, APRIL 22, 1998

Applicant City and State Movant Karen Evans Weichbrodt Alexandria, VA Thomas Leland Weichbrodt Suzanne Lamar Wilson Potomac, MD James H. Anderson James Matthew Eisenmann Washington, DC Joseph V. Kaplan Edward H. Passman Washington, DC Joseph V. Kaplan John Patrick Mahoney Olney, MD Joseph V. Kaplan William L. Murphy Staten Island, NY David W. Lehr Eugene G. P. Byrne New York, NY David W. Lehr Michael Thomas Conroy Staten Island, NY David W. Lehr Michael K. Degree Staten Island, NY David W. Lehr Diane L. De Lillo Staten Island, NY David W. Lehr Elizabeth Anne Foley Staten Island, NY David W. Lehr David Frey Staten Island, NY David W. Lehr Eric Nelson Staten Island, NY David W. Lehr Frank Jack Piccininni Staten Island, NY David W. Lehr Judith A. Waldman Staten Island, NY David W. Lehr

Oral Arguments No. 97569. Burlington Industries, Inc., Petitioner v. Kimberly B. Ellerth. Argued by Mr. James J. Casey for the petitioner, by Mr. Er- nest T. Rossiello for the respondent, and by Ms. Barbara D. Underwood for the United States as amicus curiae, by special leave of this Court. No. 975737. Sandra K. Forney, Petitioner v. Kenneth S. Apfel, Com- missioner of Social Security. Argued by Mr. Ralph Wilborn for the petitioner, by Ms. Lisa S. Blatt for the respondent, and by Mr. Allen R. Snyder as amicus curiae, by invitation of the Court, in support of the judgment below.

Adjourned until Monday, April 27, 1998, at 10 o'clock.

Habeas Corpus Denied No. 978742. In Re Joseph John Cannon, Petitioner. Application for stay of execution of sentence of death presented to Justice Scalia and by him referred to the Court denied. Petition for writ of habeas cor- pus denied.

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(JOURNAL) FRIDAY, APRIL 24, 1998 741 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

ORDERS Ordered: 1. That the Federal Rules of Appellate Procedures be, and they hereby are, amended by including therein amendments to Appellate Rules 148 and to Form 4. 2. That the foregoing amendments to the Federal Rules of Appellate Procedure shall take effect on December 1, 1998, and shall govern in all proceedings thereafter commenced and, insofar as just and practica- ble, all proceedings then pending. 3. That The Chief Justice be, and hereby is, authorized to transmit to the the Congress the foregoing amendments to the Federal Rules of Appellate Procedure in accordance with the provisions of Section 2072 of Title 28, United States Code. Ordered: 1. That the Federal Rule of Civil Procedure for the United States District Courts be, and they hereby are, amended by including therein a new Civil Rule 23(f). 2. That the foregoing amendments to the Federal Rules of Civil Pro- cedure shall take effect on December 1, 1998, and shall govern all pro- ceedings in civil cases thereafter commenced and, insofar as just and practicable, all proceedings in civil cases then pending. 3. That The Chief Justice be, and hereby is, authorized to transmit to the Congress the foregoing amendments to the Federal Rules of Civil Procedure in accordance with the provisions of Section 2072 of Title 28, United States Code. Ordered: 1. That the Federal Rules of Criminal Procedure for the United States District Courts be, and they hereby are, amended by including therein amendments to Criminal Rules 5.1, 26.2, 31, 33, 35, and 43. 2. That the foregoing amendments to the Federal Rules of Criminal Procedure shall take effect on December 1, 1998, and shall govern all

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742 FRIDAY, APRIL 24, 1998 proceedings in criminal cases thereafter commenced and, insofar as just and practicable, all proceedings in criminal cases then pending. 3. That The Chief Justice be, and hereby is, authorized to transmit to the Congress the foregoing amendments to the Federal Rules of Criminal Procedure in accordance with the provisions of Section 2072 of Title 28, United States Code. Ordered: 1. That the Federal Rules of Evidence be, and they hereby are, amended by including therein amendments to Evidence Rule 615. 2. That the foregoing amendments to the Federal Rules of Evidence shall take effect on December 1, 1998, and shall govern in all proceed- ings thereafter commenced and, insofar as just and practicable, all pro- ceedings then pending. 3. That The Chief Justice be, and hereby is, authorized to transmit to the Congress the foregoing amendments to the Federal Rules of Evidence in accordance with the provisions of Section 2072 of Title 28, United States Code.

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(JOURNAL) MONDAY, APRIL 27, 1998 743 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer. The Chief Justice said: "Today's orders of the Court have been certified by The Chief Jus- tice, filed with the Clerk, and will not be announced orally."

Certiorari-Summary Disposition

No. 961936. Fairport International Exploration, Inc., Petitioner v. Shipwrecked Vessel Known as The Captain Lawrence, in rem, et al. On petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit. Petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Sixth Circuit for further consideration in light of California v. Deep Sea Research, Inc., 523 U. S. (1998).

Orders In Pending Cases

No. A788. David Hale, Applicant v. Arkansas. Application for a stay of state court proceedings addressed to Justice Souter and re- ferred to the Court denied. No. M66. Cletus O. Ashiegbu, Petitioner v. Kelly Gray, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. 971688. Colorado, Petitioner v. Mario Romero. Application for stay addressed to Justice O'Connor and referred to the Court denied. No. 978191. Billy J. Torain, Petitioner v. Siemens Rolm Communica- tions, Inc. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner is allowed until May 18, 1998, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.

Appeal-Jurisdiction Noted

No. 971396. Vicky M. Lopez, et al., Appellants v. Monterey County, et al. Appeal from the United States District Court for the Northern District of California. In this case probable jurisdiction is noted.

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744 MONDAY, APRIL 27, 1998 Certiorari Granted

No. 971287. Hughes Aircraft Company, et al., Petitioners v. Stanley I. Jacobson, et al. Motion of Hughes Aircraft Retirees, et al., for leave to file a brief as amici curiae granted. Motion of Chamber of Commerce of the United States, et al., for leave to file a brief as amici curiae granted. Motion of ERISA Industry Committee for leave to file a brief as amicus curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted. No. 977164. Francois Holloway, aka Abdu Ali, Petitioner v. United States. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari to the United States Court of Appeals for the Second Circuit granted.

Certiorari Denied

No. 961448. F. Gregg Bemis, Jr., Petitioner v. The RMS Lusitania, etc. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. No. 97928. Paul A. Bilzerian, Petitioner v. HSSM #7 Limited Part- nership. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 971025. David S. Hess, et al., Petitioners v. Federal Deposit Insurance Corporation, as Receiver for Southeast Bank, N. A., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 971178. Rockwell International Corporation, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 971216. James B. Dowd, etc., Petitioner v. James F. Hinchman, Acting Comptroller General, et al. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 971218. National Steel and Shipbuilding Company, Petitioner v. Oscar Smith, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971229. United States, Petitioner v. New York Life Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 971259. Metropolitan Government of Nashville and Davidson County, Petitioners v. Waste Management, Inc., of Tennessee. Petition

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MONDAY, APRIL 27, 1998 745 for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971298. Eastman Kodak Company, Petitioner v. Image Techni- cal Services, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971342. R. Keith Cullinan and Cullinan Associates, Inc., Peti- tioners v. Jerry E. Abramson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971364. Robert S. Springston, Petitioner v. Consolidated Rail Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971381. Matthew Stark and Marcia Neely, Petitioners v. Inde- pendent School District No. 640. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 971382. David Schudel, et al., Petitioners v. General Electric Co., et al.; No. 971386. Ruth Hopkins, et vir, etc., Petitioners v. General Elec- tric Co., et al.; and No. 971410. Merlin E. Carlson, Jr., Petitioner v. General Electric Company, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971384. A. Eugene Miller, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 971389. John Z. DeLorean, et al., Petitioners v. Morganroth and Morganroth, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971395. Petro Stopping Centers, L. P., Petitioner v. James River Petroleum, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 971406. Kevin M. Kirlin, Petitioner v. Iowa Supreme Court Board of Professional Ethics and Conduct. Petition for writ of certio- rari to the Supreme Court of Iowa denied. No. 971420. Nancy Lamadrid Alvarez, Petitioner v. Teresa Lama- drid Alvarez, et al. Petition for writ of certiorari to the Court of Ap- peals of Puerto Rico denied. No. 971421. Daniel T. Worley, Petitioner v. Pennsylvania Public School Employees' Retirement Board. Petition for writ of certiorari to the Commonwealth Court of Pennsylvania denied.

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746 MONDAY, APRIL 27, 1998 No. 971423. Maxie Smith, Petitioner v. Kaiser Permanente Medical Group, Inc. Petition for writ of certiorari to the Supreme Court of California denied. No. 971424. Lawrence E. Tolerson, Petitioner v. Auburn Steel Com- pany, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 971429. Athanasios Roditis, et ux., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 971432. Manuel Gonzalez Figueroa, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 971439. Kevin Oliver, Petitioner v. Arkansas. Petition for writ of certiorari to the Court of Appeals of Arkansas denied. No. 971449. Francisco H. Guzman, Petitioner v. Kenneth Miley, etc., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 971461. Little Rock Newspapers, Inc., Petitioner v. J. Michael Fitzhugh. Petition for writ of certiorari to the Supreme Court of Ar- kansas denied. No. 971463. Shell Offshore, Inc., et al., Petitioners v. Director, Office of Workers' Compensation Programs, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Fifth Circuit denied. No. 971473. Robert K. Fabric, et al., Petitioners v. Provident Life and Accident Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 971484. Good News Communications, Inc., Petitioner v. United States Patent and Trademark Office. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 971486. Gulf Park Water Company, Inc., Petitioner v. Missis- sippi Public Service Commission. Petition for writ of certiorari to the Supreme Court of Mississippi denied. No. 971528. John Doe and Roe Corporation, Petitioners v. New Jer- sey. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. No. 971558. Vernon Smith, Petitioner v. McBrayer, McGinnis, Les- lie, & Kirkland, et al. Petition for writ of certiorari to the Court of Appeals of Kentucky denied.

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MONDAY, APRIL 27, 1998 747 No. 971561. Keithian L. Arnold, Petitioner v. Boatmen's Trust Com- pany. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied. No. 971580. James Tenzer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 971593. Parshotam Singh Chahil, Petitioner v. Dan Glickman, Secretary of Agriculture. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 971595. Johnson Brothers Wholesale Liquor Co., Inc., Peti- tioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 971596. Jack Ferranti, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 971598. Hippolito Nunez Gutierrez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971605. Clyde W. LaRue, et al., Petitioners v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 971607. Dwight Dixon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971611. Paul W. Cousino, Petitioner v. S. Lee Elliott, Personal Representative of the Estate of Paul K. Cousino, Deceased, et al. Peti- tion for writ of certiorari to the Court of Appeals of Michigan denied. No. 977677. John J. Wilson, Petitioner v. Shirley Rogers, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 977762. Vincent Lomax, Petitioner v. City of Joplin, Missouri, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied. No. 977822. Kenneth Elwood Narron, Petitioner v. Carol Vance, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977856. Leonardo Franqui, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied.

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748 MONDAY, APRIL 27, 1998 No. 977857. Leonardo Franqui, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 978011. Raymond Alford Bradford, Petitioner v. Steven Cam- bra, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978015. Maurice J. McDonald, Petitioner v. Nevada. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978027. Ali Sayman, Petitioner v. R. Nussbaum, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 978028. Kirk Wayne McBride, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Third District, denied. No. 978030. Tony Mitchell Sidden, Petitioner v. North Carolina. Pe- tition for writ of certiorari to the Supreme Court of North Carolina denied. No. 978034. Paul A. Redd, Jr., Petitioner v. Charles D. Marshall, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978036. Tony Glen Mark, Petitioner v. Edward L. Evans, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 978037. Elmore Nichols, Jr., Petitioner v. Arnold Holt, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. No. 978043. Herman Lee Hughes, Jr., Petitioner v. South Carolina. Petition for writ of certiorari to the Supreme Court of South Carolina denied. No. 978048. Sidney Hoffman, Petitioner v. Anthony Dal Bello. Peti- tion for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 978056. Melza E. Jordan, Petitioner v. James B. Rouse, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 978059. William C. Sather, Petitioner v. Washington. Petition for writ of certiorari to the Court of Appeals of Washington, Division 2, denied.

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MONDAY, APRIL 27, 1998 749 No. 978061. Billy Alls, Petitioner v. Questcare, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 978067. Kirk D. Charles, Petitioner v. Burl Cain, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978071. Olu S. Abidekun, Petitioner v. Commissioner of Social Services of the City of New York, et al. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied. No. 978075. Deautri C. Denard, Petitioner v. Cal Terhune, Director, California Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978082. Juan C. Baruch, Petitioner v. George A. Smith, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 978084. Steven Tad Mikko, Petitioner v. Terry Pitcher, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 978087. Arthur Carl Dove, Petitioner v. Paul J. Davis, Chair- man, Maryland Parole Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978090. Harvey Dale Angel, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 978102. Oliver Asher Branch, III, Petitioner v. Minnesota, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 978107. Gregory A. Madej, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 978129. Charles Millson, Petitioner v. New York. Petition for writ of certiorari to the Court of Appeals of New York denied. No. 978144. Natalia Volkova, Petitioner v. Immigration and Natu- ralization Service. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978151. Roy Tellier, Petitioner v. Guy Petrillo, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 978177. Phillip Stokes, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied.

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750 MONDAY, APRIL 27, 1998 No. 978187. Anne Travis-Barker, Petitioner v. U. S. Bank of Wash- ington. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978192. Lazaro Martinez, Petitioner v. Immigration and Natu- ralization Service. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978194. Roberto E. Mendoza, Petitioner v. SSC&B Lintas, New York. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied. No. 978196. Willis K. Jones, aka Bill Jones, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied. No. 978239. Vern W. Englert, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 978242. Lenore D. Fort, Petitioner v. Jonathan B. Howes, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978272. Robert Anthony Carter, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978280. Darrel Nelson, Petitioner v. Thomas Corbett, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 978287. Barry Ceminchuk, Petitioner v. William S. Cohen, Sec- retary of Defense, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 978311. Ernest Eugene Richardson, Jr., Petitioner v. South Carolina. Petition for writ of certiorari to the Court of Appeals of South Carolina denied. No. 978312. Joshua La'Lendo Bray, Petitioner v. Togo D. West, Jr., Secretary of the Army. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978318. James William Tatlis, Petitioner v. William Duncan, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978321. Mary Lee Orsini, Petitioner v. Arkansas. Petition for writ of certiorari to the Supreme Court of Arkansas denied.

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MONDAY, APRIL 27, 1998 751 No. 978323. James L. Landers, Petitioner v. Kansas. Petition for writ of certiorari to the Court of Appeals of Kansas denied. No. 978359. Adewale Johnson Aladekoba and Orlando Demon Dug- gins, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978360. Arturo B. Delgado, Petitioner v. Lawrence Barreras, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 978365. Leroy Evans, Jr., Petitioner v. John Dalton, Secretary of the Navy, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978378. Lawtis Donald Rhoden, Petitioner v. Don Sundquist, Governor of Tennessee, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 978393. Jeffrey Dewayne Brewer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 978406. Billy Hicks Williams, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978414. Terrence Owens, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 978418. Harold W. Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 978419. Apolonio Pastrano, Petitioner v. United States; and No. 978532. James Mendiola, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978421. Christian Castro, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 978422. Renaud Belhomme, Petitioner v. Sheila E. Widnall, Secretary of the Air Force. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 978430. Carlos McCord, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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752 MONDAY, APRIL 27, 1998 No. 978433. Bobby Lynn Cooper, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978436. Dennis L. Hardwell, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 978438. Clarence Daniel Davenport, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978439. George Harold Damm, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 978440. William Finck, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 978441. Kenneth R. Hardeman, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978443. Scyrus Dion Hebert, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978445. Perry A. Gangler, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 978448. Howard A. McCowan, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 978449. Robert Maass, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 978454. Scott Douglas Lacy, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978459. Jerry Wayne Sallas, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978474. Mark Wayne Reed, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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MONDAY, APRIL 27, 1998 753 No. 978481. Carlos D. Atkins, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 978483. Ronald Wynn, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 978487. Roland D. Queen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978488. Donald Mallett, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 978491. Sadie Latouf, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 978502. Rogelio C. Gutierrez, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978504. Timothy Emil Harris, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 978505. Paulette Adams Goode, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978508. Danny Lee Henderson, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 978510. Randy E. Self, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978512. Jaime Benitez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 978516. Ifedoo Noble Enigwe, aka Damien, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 978523. Felicia Sligh, Petitioner v. Marvin T. Runyon, Postmas- ter General. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

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754 MONDAY, APRIL 27, 1998 No. 978529. Chuks E. Nwaneri, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978538. Christopher Mmaduka Okoro, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 978543. Steven D. Udell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978545. Tariq Ahmad, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978548. Terry Hill, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 978549. Dale E. Graves, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 971403. Paul E. Manor, et ux., Petitioners v. Nestle Food Com- pany. Petition for writ of certiorari to the Supreme Court of Washing- ton denied. Justice O'Connor took no part in the consideration or deci- sion of this petition. No. 971414. Arthur Calderon, Warden, Petitioner v. Charles E. Mc- Dowell. Motion of respondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971448. John Ratelle, Warden, et al., Petitioners v. Lee Perry Farmer. Motion of respondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978042. Antone J. Dias, Petitioner v. Sharon A. Bogins. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. Justice Souter took no part in the consideration or decision of this petition.

Common Law Certiorari Denied

No. 971633. In Re James Cossett, etc., Petitioner. Petition for com- mon law writ of certiorari denied.

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MONDAY, APRIL 27, 1998 755 Mandamus Denied No. 978542. In Re George Van Wagner, III, Petitioner. Petition for writ of mandamus denied.

Rehearings Denied No. 971107. Kevin Laughlin, et al., Petitioners v. H. Ross Perot, et al.; No. 971143. In Re T. Carlton Richardson, Petitioner; No. 971186. Haywood Jackson Mizell, Petitioner v. United States; No. 976691. One Juvenile Male, Petitioner v. United States; No. 976836. John Chong-Hwan Wee, et ux., Petitioners v. John An- drews, et al.; No. 976980. Charles Young, Petitioner v. United States District Court for the Northern District of Texas; No. 977009. David Johnson, Petitioner v. Donald T. Vaughn, Super- intendent, State Correctional Institution at Graterford, et al.; No. 977013. Timothy Morris, Petitioner v. Ricky Bell, Warden; No. 977339. Michael James Lawrence, Petitioner v. Edward L. Evans, Warden; No. 977399. David C. White, Petitioner v. Frank Sheesley; No. 977426. Michael T. White, Petitioner v. Arthur Tate, Warden; No. 977684. Darrell Wayne Adams, Petitioner v. United States; and No. 977686. Eric Darnell Lowery, Petitioner v. United States. Peti- tions for rehearing denied.

Attorney Discipline No. D1909. In the Matter of Disbarment of Jeff Bernstein. Disbar- ment order entered. No. D1910. In the Matter of Disbarment of Gwen G. Caranchini. Further consideration of the response to the Rule to Show Cause is deferred. No. D1913. In the Matter of Disbarment of Warren Edward Shel- drake. Disbarment order entered. No. D1914. In the Matter of Disbarment of Norman Keith Gurstel. Disbarment order entered. No. D1916. In the Matter of Disbarment of Ronald Kent Campbell. Disbarment order entered. No. D1917. In the Matter of Disbarment of Robert W. Barton. Dis- barment order entered.

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756 MONDAY, APRIL 27, 1998 No. D1942. In the Matter of Disbarment of Ephraim Collins. Ephraim Collins, of Boca Raton, Florida, is suspended from the prac- tice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1943. In the Matter of Disbarment of Stanley Lewis Kantor. Stanley Lewis Kantor, of New York, New York, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1944. In the Matter of Disbarment of Sylvia E. Hall. Sylvia E. Hall, of Deep Water, New Jersey, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring her to show cause why she should not be disbarred from the practice of law in this Court.

Recess Order

The Court will take a recess from Monday, May 4, 1998, until May 18, 1998. Order

It is ordered that the call of the calendar, except for the case sched- uled for argument on June 8, 1998, and any special assignments, be suspended for the Term upon the conclusion of the cases listed for hearing on Wednesday, April 29, 1998.

Admissions to the Bar on Written Motions Applicant City and State Movant

Valerie Rose Arbie Shaker Heights, Donald Green OH Joseph H. Badami Lincoln, NE Kerry Lee Kester David Kennedy Basler Des Moines, IA Sue Leuttjohann Seitz Jennifer A. Bauer Bloomington, IN Thomas A. Berry A. Michael Boggs Bossier, LA James Brewster Gardner Frank Nelson Brown, III Burnet, TX Alvin Nored

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MONDAY, APRIL 27, 1998 757

Applicant City and State Movant Tracy Ann Burch Shreveport, LA Maureen Blackburn Jennings Alan Robert Burch Washington, DC Daniel P. Stipano Thomas Allan Chambers Liberty, TX J. C. Zbranek Bruce David Cohen Atlanta, GA Robert W. Beynart William A. Darrin, Jr. Fairfield, CT Mark R. Kravitz Craig C. Dirrim Lincoln, NE Kerry Lee Kester Zipporah Edwards Charlotte, NC Robert Clifton Stephens Sylvia Matthews Egner Houston, TX Jonathan Day Stephen M. Forte Atlanta, GA Robert W. Beynart Timothy Gerard Gauger Little Rock, AR Tim Humphries Douglas James Glasscock Austin, TX Harold E. Grant Jack L. Goldsmith, III Chicago, IL Honorable Anthony M. Kennedy, Associate Justice of the Supreme Court Julian C. Green, Jr. Houston, TX Peter D. Williamson Gretchen Anne Holderman Cleveland, OH Richard G. Lillie Deborah Millington Holmes Los Angeles, CA Robert Keith Holmes Marcia Morales Howard Jacksonville, FL Scott Sanford Cairns Michele Lynne Jacobson New York, NY Alvin K. Hellerstein Neoma D. Kenwood Berkeley, CA Donald Specter Debra A. Kowich Ann Arbor, MI Cindy M. Wilder Pamela Anne Lambert Justice, WV Guy Richard Bucci John Patrick Lavelle, Jr. Wynnewood, PA George A. Shutack F. Richard Leach Houston, TX Lynne Marie Gomez Stephen A. Lisle Lowell, AR Joe B. Reed Clarisa Long Washington, DC Judge Robert Heron Bork

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758 MONDAY, APRIL 27, 1998

Applicant City and State Movant A. Ruben Lopez Columbus, OH Joseph Edmond Wilhelm Barbara F. Loughman Wolfeboro, NH James J. Troisi Donald John McCauley Newark, NJ Chester Michael Keller Van Kirk McCombs, II Jacksonville, FL Frank Tucker Burger Jon Michaelson San Jose, CA Philip Lewis Hammer Steven M. Perry Los Angeles, CA Terry E. Sanchez Elizabeth Ann Peterson Washington, DC William Brandt Lazarus James R. Pingeon Lincoln, MA Robert H. Weber Sandra J. Popson Macon, GA Jerome L. Kaplan John H. Ring, III Buffalo, NY Edward Charles Cosgrove Paul A. Rocuant Naples, FL M. Jean Rawson Thomas F. Spaulding Portland, OR Paul Lawrence Breed Aaron Mitchell Steinhoff Las Vegas, NV Jan Paul Koch Susan M. Sullivan Boston, MA Clifford Stuart Hochman Thomas R. Teehan Boston, MA Jeanne S. Conroy Kenneth R. Watkins Gulfport, MS Stephen Anees Mogabgab Jarrell Lee Wigger Charleston, SC Morris Dawes Cooke, Jr.

Admissions to the Bar on Oral Motions Applicant City and State Movant

Christopher William Helt Chicago, IL Francis John Lorson Margaret Poindexter Atlanta, GA Paul Reinherz Fondry Quitman Wolfson Adrienne A. Berry Louisville, KY Kent Stanley Hofmeister

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MONDAY, APRIL 27, 1998 759

Applicant City and State Movant Gregory W. Coleman North Palm Cleta Deatherage Beach, FL Mitchell Albert S. Camplese Ashtabula, OH Ronald Rose Kathleen Chapman Clarke Washington, DC Ronald Rose Edward W. Greene Syosset, NY Peter Anthony Greene Amy Lynn Marschean Syosset, NY Peter Anthony Greene Marian Hyler Callahan Washington, DC Adena Karen Berkowitz Leora Joseph Boston, MA Adena Karen Berkowitz Sarah B. Biser Holmdel, NJ Adena Karen Berkowitz Laura J. Glenn Woodbury, NJ Adena Karen Berkowitz Susan B. Braver New York, NY Adena Karen Berkowitz Penny P. Domow New York, NY Adena Karen Berkowitz Roselyn C. Dlutman New York, NY Adena Karen Berkowitz Jill Ruben Franco New York, NY Adena Karen Berkowitz Oral Arguments

No. 971374. William Jefferson Clinton, President of the United States, et al., Appellants v. City of New York, et al. Argued by Mr. Seth P. Waxman for the appellants, by Mr. Louis R. Cohen for the appellee Snake River Potato Growers, and by Mr. Charles J. Cooper for the appellee City of New York. No. 97731. United States, Petitioner v. Chris W. Beggerly, et al. Argued by Mr. Paul R.Q. Wolfson for the petitioner and by Mr. Ernest G. Taylor, Jr., for the respondents. No. 97704. Philomena Dooley, Personal Representative of the Es- tate of Cecelio Chuapoco, et al., Petitioners v. Korean Air Lines Co., Ltd. Argued by Miss Juanita Madole for the petitioners, by Mr. An-

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760 MONDAY, APRIL 27, 1998 drew J. Harakas for the respondent, and by Mr. Jeffrey P. Minear for the United States as amicus curiae, by special leave of the Court.

Adjourned until Tuesday, April 28, 1998, at 10 o'clock.

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(JOURNAL) TUESDAY, APRIL 28, 1998 761 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Opinion No. 968732. Vincent Edwards, Reynolds A. Wintersmith, Horace Joiner, Karl V. Fort, and Joseph Tidwell, Petitioners v. United States. On writ of certiorari to the United States Court of Appeals for the Seventh Circuit. Judgment affirmed. Opinion by Justice Breyer.

Admissions to the Bar on Oral Motions Applicant City and State Movant Steven P. Sokolow New York, NY Joe Gregory Hollinsworth Sharon Beth Kaufman Jersey City, NJ Kathleen Ann Sheedy Elias Abilheira Shrewsbury, NJ Kathleen Ann Sheedy Francis X. DeSevo Red Bank, NJ Kathleen Ann Sheedy Lillian E. Harris Red Bank, NJ Kathleen Ann Sheedy Kerry E. Higgins Freehold, NJ Kathleen Ann Sheedy Allen Hill John Hodgson Freehold, NJ Kathleen Ann Sheedy Lucinda Wray Lane Lanoka Harbor, Kathleen Ann NJ Sheedy Lynda Lee Spring Lake, NJ Kathleen Ann Sheedy Gary Edward Linderoth Keyport, NJ Kathleen Ann Sheedy Ronald Lewis Lueddeke Spring lake, NJ Kathleen Ann Sheedy Thomas J. Smith, III West Long Kathleen Ann Branch, NJ Sheedy Pamela S. Stockham Fair Haven, NJ Kathleen Ann Sheedy

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762 TUESDAY, APRIL 28, 1998

Applicant City and State Movant Janice Brown Venables Spring Lake, NJ Kathleen Ann Sheedy Oral Arguments No. 97634. Pennsylvania Department of Corrections, et al., Peti- tioners v. Ronald R. Yeskey. Argued by Mr. Paul A. Tufano for the petitioners, by Mr. Donald Specter for the respondent, and by Mr. Ir- ving L. Gornstein for the United States as amicus curiae, by special leave of the Court. No. 976146. Angel Jaime Monge, Petitioner v. California. Argued by Mr. Clifford Gardner for the petitioner, by Mr. David F. Glassman for the respondent, and by Mr. Matthew D. Roberts for the United States as amicus curiae, by special leave of the Court.

Adjourned until Wednesday, April 29, 1998, at 10 o'clock.

Certiorari Denied No. 978397. Frank Basil McFarland, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Application for stay of execution of sentence of death presented to Justice Scalia and by him referred to the Court denied. Petition for a writ to the United States Court of Appeals for the Fifth Circuit denied. Justice Stevens and Justice Ginsburg would grant the application for stay of execution.

Order In Pending Case No. A801. Frank Basil McFarland, Applicant v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Application for certificate of probable cause and stay of execution of sentence of death presented to Justice Scalia and by him referred to the Court denied. Justice Stevens and Justice Ginsburg would grant the application for stay of execution.

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(JOURNAL) WEDNESDAY, APRIL 29, 1998 763 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Opinions No. 97215. Arthur Calderon, Warden, Petitioner v. Thomas Thomp- son. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment reversed, and case remanded to the United States Court of Appeals for the Ninth Circuit for further pro- ceedings in conformity with the opinion of this Court. Opinion by Jus- tice Kennedy. Dissenting opinion by Justice Souter, with whom Justice Stevens, Justice Ginsburg, and Justice Breyer join. No. 961613. United States, Petitioner v. Estate of Francis J. Ro- mani, et al. On writ of certiorari to the Supreme Court of Pennsylvania, Western District. Judgment affirmed. Opinion by Justice Stevens. Opinion by Justice Scalia concurring in part and concurring in the judgment.

Admissions to the Bar on Oral Motions Applicant City and State Movant Jeffrey Louis Gabardi Washington, DC Phillip Edward Stano Paul Aaron Matthews Memphis, TN John Beadle Holt

Oral Arguments No. 97643. United States, Petitioner v. Vickie S. Cabrales. Argued by Mr. Malcolm L. Stewart for the petitioner and by Mr. John W. Rog- ers for the respondent. No. 97689. Bonnie L. Geissal, Beneficiary and Representative of the Estate of James W. Geissal, Deceased, Petitioner v. Moore Medical Corporation, et al. Argued by Mr. S. Sheldon Weinhaus for the peti- tioner, by Mr. James A. Feldman for the United States as amicus cu- riae, by special leave of the Court, and by Mr. Bradley J. Washington for the respondents.

Adjourned until Monday, May 4, 1998, at 10 o'clock.

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(JOURNAL) MONDAY, MAY 4, 1998 765 SUPREME COURT OF THE UNITED STATES

Present: Justice Stevens, Justice Souter, Justice Thomas, and Jus- tice Ginsburg. Justice Stevens said: "Today's orders of the Court have been certified by Justice Stevens, filed with the Clerk, and will not be announced orally."

Orders In Pending Cases No. M23. In Re John Doe, Petitioner. Further consideration of motion to unseal the petition for writ of certiorari lodged under seal deferred. No. M67. Gary Lloyd Bruce, Petitioner v. United States. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M68. Louis Farrakhan, et al., Petitioners v. N.Y.P. Holdings, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M69. Norman Greenberg, Petitioner v. Gary Gordon, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of- time denied. No. M70. Gilbert Engels, Petitioner v. Mary E. Waldrup, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of- time denied. No. 977385. In Re Leon E. Cooper, Petitioner. Motion of petitioner for reconsideration of order denying leave to proceed in forma pau- peris denied. No. 977386. In Re Leon E. Cooper, Petitioner. Motion of petitioner for reconsideration of order denying leave to proceed in forma pau- peris denied. No. 977387. In Re Leon E. Cooper, Petitioner. Motion of petitioner for reconsideration of order denying leave to proceed in forma pau- peris denied. No. 977388. In Re Leon E. Cooper, Petitioner. Motion of petitioner for reconsideration of order denying leave to proceed in forma pau- peris denied. No. 977647. In Re Dorothy Litzenberg, Petitioner. Motion of peti- tioner for leave to proceed in forma pauperis denied. See Rule 39.8.

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766 MONDAY, MAY 4, 1998 Petitioner is allowed until May 26, 1998, within which to pay the dock- eting fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court. No. 978195. In Re Dorothy Litzenberg, Petitioner. Motion of peti- tioner for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner is allowed until May 26, 1998, within which to pay the dock- eting fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.

Certiorari Granted

No. 971230. City of West Covina, Petitioner v. Lawrence Perkins, et al. Motion of Sixty-seven Cities, Counties and Towns within Califor- nia for leave to file a brief as amici curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Cir- cuit granted. No. 971418. Bank of America National Trust and Savings Associa- tion, Petitioner v. 203 North LaSalle Street Partnership. Motion of American College of Real Estate Lawyers for leave to file a brief as amicus curiae granted. Motion of American Council of Life Insurance for leave to file a brief as amicus curiae granted. Motion of American Bankers Association, et al., for leave to file a brief as amici curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit granted.

Certiorari Denied

No. 97315. Clinton Manges, David Myers, and Carl Shanklin, Peti- tioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971181. Richard M. Parker, et al., Petitioners v. David S. Wa- kelin, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 971236. William L. Patterson, Petitioner v. International Broth- erhood of Teamsters, Local 959. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971249. Road Sprinkler Fitters Local Union No. 669, etc., Peti- tioner v. "Automatic" Sprinkler Corporation of America, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

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MONDAY, MAY 4, 1998 767 No. 971265. Bruce G. Murphy, et al., Petitioners v. Sofamor Danek Group, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971271. Tenkasi M. Viswanathan, Petitioner v. Fayetteville State University Board of Trustees, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 971397. Karen Derzack, et vir, Petitioners v. Allegheny County Children and Youth Services. Petition for writ of certiorari to the Su- perior Court of Pennsylvania, Pittsburgh Office, denied. No. 971411. North Texas Steel Company, Inc., Petitioner v. R. R. Donnelley & Sons Company. Petition for writ of certiorari to the Court of Appeals of Indiana, Third District, denied. No. 971417. Altai, Inc., Petitioner v. Computer Associates Interna- tional, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 971425. Karl Roberts, Petitioner v. Unidynamics Corporation, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied. No. 971426. Crawford & Company, Petitioner v. Kermith Sonnier. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 971430. Scandinavian Health Spa, Inc., Petitioner v. Andrea Franklin. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 971431. Colin Lindsay, Executor of the Estate of Pedro Sosa, Deceased, Petitioner v. Jefferson County and Jefferson County Depart- ment of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971433. UIS, Incorporated, Petitioner v. Interkal, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971445. Moreton Rolleston, Jr., Petitioner v. John Randolph Cherry, Executor of the Estate of Rebecca Wight Cherry Sims, De- ceased. Petition for writ of certiorari to the Court of Appeals of Geor- gia denied. No. 971446. Jose M. Baeza, Jr., and Gonzalez Trading, Inc., Petition- ers v. NACCO Industries, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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768 MONDAY, MAY 4, 1998 No. 971452. Freedom Communications, Inc., dba The Monitor, Peti- tioner v. Fernando Mancias, Judge, 93rd Judicial District Court of Hi- dalgo County, Texas, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971510. John S. Skuratowicz, Petitioner v. Roger W. Tracy, Tax Commissioner of Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 971522. Robert William Schneider, Petitioner v. Camille Celes- tino, et vir. Petition for writ of certiorari to the Court of Appeals of Ohio, Lucas County, denied. No. 971545. Annie E. Rheams, Petitioner v. Marquette University and Mary Hoy. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 971554. Eric Snyder, Petitioner v. A. Thomas DeWoskin, Trustee. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 971563. Carl R. Luem, Petitioner v. Patricia A. Billetter. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971571. Suzanne Rosman, et al., Petitioners v. Gulf Industries, Inc., et al. Petition for writ of certiorari to the Court of Appeal of Louisiana, Fourth Circuit, denied. No. 971576. Okwy Godwin Achusi, Petitioner v. Immigration and Naturalization Service. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971614. William David Jamieson, et ux., Petitioners v. Commis- sioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 971628. James L. Coolman, Petitioners v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 971629. Rodney Joseph Cox, et al., Petitioners v. United States, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied. No. 971637. Rocco L. Santucci, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

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MONDAY, MAY 4, 1998 769 No. 975586. Anthony Lewis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 976494. John Gillard, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 977727. Raymundo Venegas, Petitioner v. Gary L. Henman, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978074. Lisa Joann Elmore, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978098. Timothy D. Parks, Petitioner v. United States District Court for the Southern District of Indiana. Petition for writ of certio- rari to the United States Court of Appeals for the Seventh Circuit denied. No. 978110. James D. Maciel, Petitioner v. Cal Terhune, Director, California Department of Corrections, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Ninth Circuit denied. No. 978112. William A. Evans, Petitioner v. Jack Hartwig, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 978113. William A. Evans, aka William A. Evans-Bey, Peti- tioner v. Odie Washington, Director, Illinois Department of Correc- tions. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 978116. Franklin D. Cunningham, Petitioner v. Tana Wood, Superintendent, Washington State Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978118. John Poullard, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. No. 978123. Peter Paul Walkoviak, Petitioner v. District Court of Texas, Harris County. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 978126. Pedro G. Quintero, Petitioner v. Randall E. Lee, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied.

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770 MONDAY, MAY 4, 1998 No. 978131. Jerri Robbin Lindsey, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 978132. Robert Foley, Petitioner v. Floyd Brummett, et al. Pe- tition for writ of certiorari to the Court of Appeals of Kentucky denied. No. 978133. Lesley Eugene Warren, Petitioner v. North Carolina. Petition for writ of certiorari to the Supreme Court of North Caro- lina denied. No. 978134. James Gornick, Petitioner v. Thomas F. Page, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 978136. Clyde Earl Anderson, Jr., Petitioner v. John Prelesnik. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 978140. Lewis Williams, Jr., Petitioner v. Carl Anderson, War- den, et al. Petition for writ of certiorari to the Court of Appeals of Ohio, Richland County, denied. No. 978141. Scott A. Cuthbert, Petitioner v. District Court of Ap- peal of Florida, Fifth District, et al. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 978148. Robert A. Consalvo, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 978152. Ricky Hutchins, Petitioner v. Georgia Department of Corrections, et al. Petition for writ of certiorari to the Court of Ap- peals of Georgia denied. No. 978161. Rosemarie Esposito, Petitioner v. New York. Petition for writ of certiorari to the Appellate Term of the Supreme Court of New York, 9th & 10th Judicial District, denied. No. 978165. David M. Fink, Petitioner v. Buena Park Police Depart- ment, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978166. John J. Shaughnessy, Petitioner v. School Administra- tive Unit No. 30. Petition for writ of certiorari to the Supreme Court of New Hampshire denied. No. 978172. Sean O'Hare, Petitioner v. K. Goss, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 978173. Paul E. Barrier, Petitioner v. David Johnson, et al.; and Paul E. Barrier, Petitioner v. Marin General Hospital, et al. Petition

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MONDAY, MAY 4, 1998 771 for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978213. Claude Beitzel, Petitioner v. Alan Lazaroff, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 978224. George Anderson, Petitioner v. Ronald D. Edwards, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 978252. Bert L. Hunter, Petitioner v. Michael Bowersox, Super- intendent, Potosi Correctional Center. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 978308. Griffin L. Perry, Petitioner v. Internal Revenue Serv- ice, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 978348. Curtis Simons, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 978362. J. G., Petitioner v. Department of Children & Family Services. Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth District, denied. No. 978370. James R. Sharp, Petitioner v. Kelly Lock, Superintend- ent, Central Missouri Correctional Center, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Cir- cuit denied. No. 978372. Paul A. Harris, Petitioner v. Larry Norris, Director, Arkansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 978379. Lester Warren Carter, Jr., Petitioner v. Joseph Curran, Jr., Attorney General of Maryland, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978384. Donald Richard Scales, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978395. Raymond Lucero, Petitioner v. Dareld L. Kerby. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

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772 MONDAY, MAY 4, 1998 No. 978432. Olson I. Lewis, Petitioner v. Immigration and Natural- ization Service, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 978437. Ricardo Glover, Petitioner v. Gary R. McCaughtry, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 978442. Anthony Joe Doss, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied. No. 978469. Felix Nunez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 978492. Andrew J. Johnson, Petitioner v. Wyoming. Petition for writ of certiorari to the District Court of Wyoming, Laramie County, denied. No. 978503. Cleveland Haase, Pettioner v. Connecticut. Petition for writ of certiorari to the Supreme Court of Connecticut denied. No. 978506. Alex Hamilton, Jr., Petitioner v. Commissioner of In- ternal Revenue, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 978517. Kenneth W. Franklin, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Armed Forces denied. No. 978524. Sylvester John Sasnett, Jr., Petitioner v. Jeffrey P. En- dicott, Superintendent, Columbia Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 978553. Lee B. Phillips, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978555. Kimberly Ann Zerebnick, Petitioner v. Beckwith Ma- chinery Company. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 978557. Donnie R. Bolden, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 978567. Rodney Anderson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

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MONDAY, MAY 4, 1998 773 No. 978569. Deborah Bryan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 978575. Douglas Farrel Tinker, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978582. Steven Michael Wronko, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978585. Dewayne A. Crompton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 978587. Anthony Sancho, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 978589. Curtis Gene Roberson, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978590. Barry Stokes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 978591. Gregory Leon Palmer, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978594. Nathaniel Swint, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 978595. Alphonso Pizza, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 978596. Guillermo A. Salazar, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978598. Steven Miglio, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

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774 MONDAY, MAY 4, 1998 No. 978600. Jamie J. Key, Petitioner v. United States; and No. 978603. Derrick Jarrett, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 978612. Edelmiro Tamez, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978613. Adebowale Adesida, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 9749. Portland General Electric Company, Petitioner v. Colum- bia Steel Casting Co., Inc. Motion of Edison Electric Institute for leave to file a brief as amicus curiae granted. Motion of National Association of Regulatory Utility Commissioners for leave to file a brief as amicus curiae denied. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

Habeas Corpus Denied

No. 978257. In Re Andrew J. Johnson, Petitioner; and No. 978618. In Re Johnny C. Green, Petitioner. Petition for writ of habeas corpus denied.

Mandamus Denied

No. 978541. In Re Frank C. Verbeck, Jr., Petitioner. Petition for writ of mandamus and/or prohibition denied.

Rehearings Denied

No. 971127. Wesley E. Hotchkiss, Jr., Petitioner v. Supreme Court of the United States, et al.; No. 971198. David G. Moore, Petitioner v. City of Westminster, et al.;No. 976862. In Re Joseph Edward Rowe, Petitioner; No. 977025. Gary C. Gilmour, Petitioner v. Rusty Rogerson, War- den, et al.; No. 977114. Linda M. Dixon, Petitioner v. Marion Police Depart- ment, et al.; No. 977434. In Re Gary J. Pearson, Petitioner; No. 977520. Taalibdin Abdul Al-Amin, Petitioner v. Richard P. Seiter, Warden;

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MONDAY, MAY 4, 1998 775 No. 977626. David Washington, Petitioner v. Warren T. Diesslin, Western Regional Director, Colorado Department of Corrections, et al.;No.977748. WymonGriffin,Petitionerv. CharlotteMemorialHospi- tal and Medical Center, et al.; and No. 977809. Gene Wesley Hartsell, aka Gene Wesley Gabe Hartsell, and Keith Norland Eidson, Petitioners v. United States. Petitions for rehearing denied.

Attorney Discipline No. D1945. In the Matter of Disbarment of Thomas Herbert Sanb- orn. Thomas Herbert Sanborn, of Amherst, Ohio, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1946. In the Matter of Disbarment of Howard Earl Blumen- thal. Howard Earl Blumenthal, of Marina Del Rey, California, is sus- pended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1947. In the Matter of Disbarment of Stanley Michael Krupa. Stanley Michael Krupa, of Middletown, Connecticut, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1948. In the Matter of Disbarment of David H. Perlman. David H. Perlman, of Brooklyn, New York, is suspended from the prac- tice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1949. In the Matter of Disbarment of Stanley Marvin Meyer. Stanley Marvin Meyer, of Merrick, New York, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1950. In the Matter of Disbarment of Jeffrey V. Boxer. Jeffrey V. Boxer, of Wellesley, Massachusetts, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

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776 MONDAY, MAY 4, 1998 Admissions to the Bar on Written Motions Applicant City and State Movant Howard M. Acosta, Sr. St. Petersburg, Norwood S. FL Wilner Gabriel Bryan Antman Chicago, IL Jules Marshall Laser Tamar Begun Washington, DC Mark James Barnes Jesse V. Bone, Jr. Gastonia, NC Langdon McIlroy Cooper Lawrence C. Brown Buffalo, NY Richard P. Weisbeck, Jr. Darla Sue Brown Bloomington, IN Beth Katherine Greene Edwin Rothschild Byck Savannah, GA N. Harvey Weitz Eugene M. Cummings Lake Forest, IL Steven B. Fisher Sean Emmet Curran Manchester, NH Paul Joseph Haley Robin Caldwell Curtiss Hanover, NH John Iverson Boswell Bradley Lane DeLuca Houston, TX Millard A. Johnson George Harry Theodore St. Thomas, VI Charles Alan Dudley Wright Thomas I. Elkind Boston, MA Barry Allen Guryan Paul Harvey Felser Savannah, GA Jeffrey Alan Felser Brian Thomas FitzGerald Tampa, FL Ariadne Marie Michaelides FitzGerald Isidro Manuel Garcia West Palm Beach, Sally G. Schmidt FL John H. Griffing Gastonia, NC Langdon McIlroy Cooper John Mark Heavner Gastonia, NC Langdon McIlroy Cooper John Michael Hintz New York, NY Albert E. Fey Sandra Baughn Jelovsek Johnson City, TN Hiram Emory Widener, Jr. Stephen Andrew Jurs Gastonia, NC Langdon McIlroy Cooper Gregory Alan Karle Erie, PA Andrew J. Conner

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MONDAY, MAY 4, 1998 777

Applicant City and State Movant Dorothy A. Kowal Hackensack, NJ Warren S. Stroedecke Patricia Yeun-Han Lee Washington, DC Bradley Stuart Lui Dana Leigh Love Talladega, AL Lloyd Weaver Gathings, II Maria A. Luise Boston, MA Joseph James Balliro, Jr. Mary Susan Maloney Milwaukee, WI Edward Anthony Hannan Jeffrey A. Marshall New York, NY Steven Lee Sonkin Ada Pilar Martin San Juan, PR Mignucci Ruben T. Nigaglioni Andrea Lynn McCormick Philadelphia, PA Larry Pitt J. Reid McGraw, Jr. Gastonia, NC Langdon McIlroy Cooper David M. Moore Agana, GU J. Andrew Artero-Boname Dennis Arthur Paquette Arlington, VA William John Stone, Jr. Edward Ellis Patten, Jr. Hazlehurst, MS Jeffrey Alden Walker Albry Joe Peddy Birmingham, AL William B. Hairston, Jr. Rosario Presti, Jr. Carlstadt, NJ Warren S. Stroedecke Martin John Rooney Boston, MA Robert A. Curley David Allen Sapp Pensacloa, FL Stephen Eric Sutherland John Andrew Sbarbaro Denver, CO Neil D. O'Toole Joey D. Schmidt Norman, OK Waldo Talmadge Oden, Jr. W. Wayne Siesennop Milwaukee, WI Edward Anthony Hannan Ira B. Silverstein Philadelphia, PA James Adams Young Larry Vernon Simmons Tulsa, OK John Edward Dorman, II William Single, IV Baltimore, MD William Single, III

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778 MONDAY, MAY 4, 1998

Applicant City and State Movant Charles Adam Smiley, Jr. Dayton, OH Jay Bernard Carter Patrick Stephen Smith Los Angeles, CA Stephen L. Cooley W. Patrick Sullivan Milwaukee, WI Edward Anthony Hannan Jerry Michael Suppa San Diego, CA Vincent J. Bartolotta, Jr. Timothy Robert Thornton Minneapolis, MN Scott Gregory Knudson Pat A. Upton Tulsa, OK Barron Lindsey Derryberry Joseph Michael Vanek Chicago, IL Steven B. Fisher Gerald Joseph Villella Erie, PA Andrew J. Conner J. Scott Williams Irvine, CA Raymond Gerald Alvarado Neil C. Williams, III Charlotte, NC Judge Robinson O. Everett Opinions No. 96827. Leonard Rollon Crawford-El, Petitioner v. Patricia Brit- ton. On writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit. Judgment vacated, and case remanded to the United States Court of Appeals for the District of Columbia Circuit for further proceedings in conformity with the opinion of this Court. Opinion by Justice Stevens. Concurring opinion by Justice Ken- nedy. Dissenting opinion by The Chief Justice, with whom Justice O'Connor joins. Dissenting opinion by Justice Scalia, with whom Jus- tice Thomas joins. No. 97501. Randall Ricci, Petitioner v. Village of Arlington Heights. On writ of certiorari to the United States Court of Appeals for the Seventh Circuit. Writ of certiorari dismissed as improvidently granted. Opinion per curiam announced by Justice Stevens.

Admissions to the Bar on Oral Motions Applicant City and State Movant Lisa Laura Lambert Tyler, TX Timothy John Moran Howard Graham Swafford, Jasper, TN Thomas Jr. Alexander Frazier, Jr

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MONDAY, MAY 4, 1998 779

Applicant City and State Movant Rebecca Jeanette Michael Washington, DC Kent Douglas Syverud Lara Elizabeth Bowles Washington, DC Kent Douglas Syverud Jonathan Banks Washington, DC Kent Douglas Syverud Cynthia E. Berry Washington, DC Kent Douglas Syverud Robert James Kabel Washington, DC Kent Douglas Syverud Mark John Mathiesen Washington, DC Kent Douglas Syverud Mary Helen Ratchford Washington, DC Kent Douglas Syverud Kelly B. Mathis Jacksonville, FL Kent Douglas Syverud Andrew Thomas Bayman Atlanta, GA Kent Douglas Syverud Harry King Buttermore, III Atlanta, GA Kent Douglas Syverud Benjamin C. Cubbage, Jr. Henderson, KY Kent Douglas Syverud Richard S. Aldrich, Jr. New York, NY Kent Douglas Syverud Michael B. Hammond New York, NY Kent Douglas Syverud Richard Max Bockol Bala Cynwyd, PA Kent Douglas Syverud Colleen F. Coonelly Philadelphia, PA Kent Douglas Syverud Ferriss Clay Bailey, Jr. Nashville, TN Kent Douglas Syverud John Charles Cole Nashville, TN Kent Douglas Syverud John David Fitzgerald, Jr. Nashville, TN Kent Douglas Syverud James Carson Hofstetter Nashville, TN Kent Douglas Syverud Sydney F. Keeble, Jr. Nashville, TN Kent Douglas Syverud

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780 MONDAY, MAY 4, 1998

Applicant City and State Movant Henry C. McCall, Jr. Nashville, TN Kent Douglas Syverud Tom H. Proctor, Jr. Nashville, TN Kent Douglas Syverud Robert L. Sullivan Nashville, TN Kent Douglas Syverud Brian K. Holmgren Alexandria, VA Kent Douglas Syverud Michael Joseph Ostermeyer Milwaukee, WI Kent Douglas Syverud Elisha Hoffman Abrams Philadelphia, PA Judge D. Webster Keogh Patrick Joseph Broderick, Norristown, PA Judge D. Webster II Keogh Deborah Ann Crinigan Philadelphia, PA Judge D. Webster Keogh Edward Michael Joseph Philadelphia, PA Judge D. Webster Flannery Keogh Eleanor M. Flannery Philadelphia, PA Judge D. Webster Keogh Janine Marie Hoffman Philadelphia, PA Judge D. Webster Keogh Lilia Elianne Lawler Philadelphia, PA Judge D. Webster Keogh Carolyn Ann Muldoon Philadelphia, PA Judge D. Webster Keogh John J. O'Malley Philadelphia, PA Judge D. Webster Keogh Michael Joseph Rowley Philadelphia, PA Judge D. Webster Keogh Frank J. Toole, Jr. Shenandoah, PA Judge D. Webster Keogh Amy Leigh Sheridan Claremore, OK Judge D. Webster Keogh Elias A. Alexiades Woodbridge, CT Neil Howard Cogan Mark Alan Balaban Middletown, CT Neil Howard Cogan Ronald James Barba Milford, CT Neil Howard Cogan

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MONDAY, MAY 4, 1998 781

Applicant City and State Movant Verna Bash-Flowers Bridgeport, CT Neil Howard Cogan William Peter Beccaro Essex, CT Neil Howard Cogan Patricia Berlin Stratford, CT Neil Howard Cogan Philip Harold Bieler Waterbury, CT Neil Howard Cogan Amy P. Blume Branford, CT Neil Howard Cogan Victor J. Cavallo Norwalk, CT Neil Howard Cogan Bernadette Conway North Haven, CT Neil Howard Cogan Dawn M. Dittmar Ridgefield, CT Neil Howard Cogan Dennis W. Driscoll Branford, CT Neil Howard Cogan Lisa Deborah Duhl Milford, CT Neil Howard Cogan Michael Wallace Dunn Litchfield, CT Neil Howard Cogan Gerard Paul Eisenman Bridgeport, CT Neil Howard Cogan James Kieran Filan, Jr. Bridgeport, CT Neil Howard Cogan Louis N. George Hartford, CT Neil Howard Cogan Raymond M. Hassett Hartford, CT Neil Howard Cogan Stephen Joseph Humes Hamden, CT Neil Howard Cogan Michael Charles Jachimczyk Stamford, CT Neil Howard Cogan B. Paul Kaplan Plainfield, CT Neil Howard Cogan Gregory Augustine Cheshire, CT Neil Howard Klimaszewski Cogan Mark M. Kratter Norwalk, CT Neil Howard Cogan

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782 MONDAY, MAY 4, 1998

Applicant City and State Movant Mark H. Kulos Norwich, CT Neil Howard Cogan Victor M. Lampasso Ridgefield, CT Neil Howard Cogan Molly Susan LeVan Hamden, CT Neil Howard Cogan Carol Scott Ljungquist Cheshire, CT Neil Howard Cogan C. Wesley Martin Rowayton, CT Neil Howard Cogan Gerard McEnery Fairfield, CT Neil Howard Cogan Robert Charles Messey Milford, CT Neil Howard Cogan Daniel W. O'Grady Bethel, CT Neil Howard Cogan Christine Birmingham Peck New Haven, CT Neil Howard Cogan Howard L. Pierce Hartford, CT Neil Howard Cogan Denise Marie Rioux New Haven, CT Neil Howard Cogan Scott N. Roberts Groton, CT Neil Howard Cogan Michael D. Rome Fairfield, CT Neil Howard Cogan John S. Rubrich Hartford, CT Neil Howard Cogan Robin Bruce Sandler Branford, CT Neil Howard Cogan Robert Lillis Schwab New Haven, CT Neil Howard Cogan Jeffrey Michael Siegel Simsbury, CT Neil Howard Cogan Kathleen Ready Smith Old Saybrook, CT Neil Howard Cogan Patricia Kerman Smith Fairfield, CT Neil Howard Cogan Susan Spalter Pound Ridge, NY Neil Howard Cogan

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MONDAY, MAY 4, 1998 783

Applicant City and State Movant Erica Weyer Todd New Haven, CT Neil Howard Cogan Judith Lynn Migdal Trutt Ridgefield, CT Neil Howard Cogan Paul Vincent Valenti Cape Coral, FL Neil Howard Cogan Gary J. Wilson Trumbull, CT Neil Howard Cogan Peter Michael Zaffina Westport, CT Neil Howard Cogan Vincent J. O'Brien Dover, MA Neil Howard Cogan Harvey Fruchter Kenilworth, NJ Neil Howard Cogan Eileen Gallagher Strong Washington, DC Neil Howard Cogan Jacqueline F. Barbara Shelton, CT Neil Howard Cogan Joan Carol Bein Yonkers, NY Neil Howard Cogan Francesco Albert Catalina Peekskill, NY Neil Howard Cogan Michael A. Hergenhan Newburgh, NY Neil Howard Cogan Joseph P. Rigoglioso Bridgeport, CT Neil Howard Cogan Roger Allen Wickes Hudson Falls, NY Neil Howard Cogan Michael R. Hagopian Cranston, RI Neil Howard Cogan

Adjourned until Monday, May 18, 1998, at 10 o'clock.

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(JOURNAL) THURSDAY, MAY 14, 1998 785 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Certiorari Denied No. 978689. Pedro Muniz, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Applica- tion for stay of execution of sentence of death presented to Justice Scalia and by him referred to the Court denied. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Stevens and Justice Ginsburg would grant the applica- tion for stay of execution.

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(JOURNAL) MONDAY, MAY 18, 1998 787 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice Scalia, Jus- tice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer. The Chief Justice said: "Today's orders of the Court have been certified by The Chief Jus- tice, filed with the Clerk, and will not be announced orally."

Orders In Pending Cases

No. M65. Anti-Monopoly, Inc., Petitioner v. Hasbro, Inc. Motion for leave to file a petition for writ of certiorari under seal denied. No. M71. In Re John Doe, Petitioner. Motion for leave to file a petition for writ of certiorari under seal denied. No. M72. Angela Marshall, Petitioner v. Federal Express. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. 961693. Frank X. Hopkins, Warden, Petitioner v. Randolph K. Reeves. Motion of respondent for leave to file a supplemental brief after argument granted. No. 968732. Vincent Edwards, Reynolds A. Wintersmith, Horace Joiner, Karl V. Fort, and Joseph Tidwell, Petitioners v. United States. Motion of petitioner Joseph Tidwell to reconsider order denying certio- rari on Question 2 denied. No. 97918. Lovilia Coal Company, et al., Petitioners v. Wesley Har- vey, et al. Motion of respondent Harvey for attorney's fees denied with- out prejudice to refiling in the United States Court of Appeals for the Eighth Circuit. Motion of petitioners to defer consideration of the mo- tion for attorney's fees denied. No. 97930. Victoria Buckley, Secretary of State of Colorado, Peti- tioner v. American Constitutional Law Foundation, Inc., et al. Motion of Council of State Governments, et al., for leave to file a brief as amici curiae granted. No. 971121. City of Chicago, Petitioner v. Jesus Morales, et al. Mo- tion of petitioner to dispense with printing the joint appendix granted. No. 971485. Philip Coates, Director, Massachusetts Division of Ma- rine Fisheries, et al., Petitioners v. Richard Max Strahan. The Solicitor

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788 MONDAY, MAY 18, 1998 General is invited to file a brief in this case expressing the views of the United States. No. 977615. Ronald Dwayne Whitfield, Petitioner v. Gary L. John- son, Director, Texas Department of Criminal Justice, Institutional Di- vision. Motion of petitioner for reconsideration of order denying leave to proceed in forma pauperis denied. No. 978309. Jean Marie Mostek Pruett Martinez and Clory Jane Mostek, Petitioners v. Peter M. Dobra; and Jean Marie Martinez and Clory Jane Mostek, Petitioners v. Peter M. Dobra. Motion of petitioners for leave to proceed in forma pauperis denied. See Rule 39.8. Petition- ers are allowed until June 8, 1998, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.

Certiorari Granted No. 961793. Cedar Rapids Community School District, Petitioner v. Garret F., a Minor By His Mother and Next Friend, Charlene F. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit granted. No. 971536. Arizona Department of Revenue, Petitioner v. Blaze Construction Company, Inc. Petition for writ of certiorari to the Court of Appeals of Arizona, Division One, granted. No. 97475. El Al Israel Airlines, Ltd., Petitioner v. Tsui Yuan Tseng. Motion of International Air Transport Association for leave to file a brief as amicus curiae granted. Motion of Air Transport Associa- tion of America for leave to file a brief as amicus curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit granted limited to Question 1 presented by the petition.

Certiorari Denied No. 961963. Linda Darlene McKenney, et al., Petitioners v. John Mark Williams, Deceased, by Phyllis A. Williams. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 97740. Robert Schwalbe, etc., et al., Petitioners v. Michael Walker. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 971145. Harry F. Connick, Petitioner v. United States, On Be- half of the Assassination Records Review Board. Petition for writ of

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MONDAY, MAY 18, 1998 789 certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971195. Aerospace Corporation, Petitioner v. Fred D. Campbell. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971248. Callaway County Ambulance District, Petitioner v. Christina Peeper. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 971267. Professional Pilots Federation, et al., Petitioners v. Federal Aviation Administration. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 971275. Gary Eldon Alvord, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 971280. Kawerak Reindeer Herders Association, Petitioner v. Thomas E. Williams, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971294. Nicholas A. Chiaramonte, Petitioner v. Fashion Bed Group, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 971310. Richard Mark Cutcliffe, et ux., et al., Petitioners v. Ken Jenne, Sheriff, Broward County, Florida. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 971317. West Bend Company, Petitioner v. Sunbeam Products, Inc. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. No. 971368. Avant! Corporation, et al., Petitioners v. Cadence De- sign Systems, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971376. City of Florence, et al., Petitioners v. William Chipman, Administrator of the Estate of Conni Black, Deceased, and Susan Stemler. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971378. South Dakota, et al., Petitioners v. SDDS, Inc. Petition for writ of certiorari to the Supreme Court of South Dakota denied. No. 971422. County of Thurston, et al., Petitioners v. Hollis D. Sta- bler, Jr., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

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790 MONDAY, MAY 18, 1998 No. 971455. Bill Bradford, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. No. 971456. Duard Bok, Petitioner v. Mutual Assurance, Inc. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 971458. Eastern Natural Gas Corporation, et al., Petitioners v. Aluminum Company of America. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 971459. Lorillard, Inc., Petitioner v. Milton Horowitz, et ux. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied. No. 971468. Fred Cameron, Jeff Bower, Dan McWilliams, and David Cortez, Petitioners v. Anheuser Busch, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971470. City of Columbus, Petitioner v. Donald R. Jones, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 971478. Abraham Paul Korotki, Petitioner v. Attorney Services Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 971479. Carlos Diaz, Personal Representative of the Estate of Lazaro Diaz, etc., et al., Petitioners v. CCHC-Golden Glades, Ltd., et al. Petition for writ of certiorari to the District Court of Appeal of Florida, Third District, denied. No. 971481. Liberty National Life Insurance Company, Petitioner v. Samuel L. Day. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 971483. Linda K. Burnsides, etc., et al., Petitioners v. MJ Opti- cal, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 971487. Plaisance Dragline & Dredging Co., Inc., Petitioner v. Jay M. Verdin. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971491. Estate of David J. Braunstein, et al., Petitioners v. Merrill Lynch, Pierce, Fenner & Smith Incorporated, et al. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied.

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MONDAY, MAY 18, 1998 791 No. 971495. Gene Allen Davenport, Petitioner v. Orville L. Coady, Judge, District Court of Nebraska, Thayer County, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 971496. Louis H. Rawson, Petitioner v. Tosco Refining Com- pany. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied. No. 971501. Ricardo Francisco Acosta, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Tenth Dis- trict, denied. No. 971503. Midland Export, Ltd., Petitioner v. Elkem Holding, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 971508. Ernest Havner, et ux., on Behalf of their Minor Child, Kelly Havner, et al., Petitioners v. Merrell Dow Pharmaceuticals, Inc., et al. Petition for writ of certiorari to the Supreme Court of Texas denied. No. 971516. Dalrie A. Berg, Petitioner v. Jack Shapiro, et al. Peti- tion for writ of certiorari to the Court of Appeals of Colorado denied. No. 971518. Hussein Youssef, et ux., Petitioners v. Morrison Entity, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 971523. Ronald Mattei, Individually and as Executor of the Estate of Louis J. Mattei, Deceased, and Mary Laura Mattei, Petition- ers v. Maria Mattei. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971526. Koichi Matsumoto and Yuki Kobayashi, Petitioners v. James R. Gotcher, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 971530. Matthew G. Brown, Petitioner v. Spectacor Manage- ment Group. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 971533. Ernest McDuffie, III, dba D & M Contracting Com- pany, Petitioner v. First Union National Bank. Petition for writ of cer- tiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied. No. 971534. Harry L. Hunt, Petitioner v. Hawthorne Associates, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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792 MONDAY, MAY 18, 1998 No. 971537. Jerome Berg, Petitioner v. The Dentists Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971539. Matthew E. Jackson, Jr., Petitioner v. Office of Discipli- nary Counsel. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Western District, denied. No. 971540. David Walker, Petitioner v. Michigan Public Service Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 971544. M. A., Petitioner v. Colorado, In the Interest of K. A., a Child. Petition for writ of certiorari to the Court of Appeals of Colorado denied. No. 971546. Robert Munkatchy, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Fourteenth Dis- trict, denied. No. 971547. David R. Johnson, Petitioner v. Illinois, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 971548. Ralph J. Bavaro and Elizabeth C. Hogan, Petitioners v. George E. Pataki, Individually and as Governor of New York, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 971551. Danny L. Russell, Petitioner v. Plano Bank & Trust. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971555. Arkansas Christian Educators Association, et al., Peti- tioners v. Ozarks Unlimited Resources Cooperative, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 971556. William J. Polis, Petitioner v. William F. Weld, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 971572. Leo Rogers Dugas, Petitioner v. Clamont Energy Cor- poration, et al.; and Leo Rogers Dugas, Petitioner v. Clamont Energy Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971577. Mark Brandt and Rachel Martinez-Brandt, Petitioners v. Gygax Realtor, et al. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

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MONDAY, MAY 18, 1998 793 No. 971581. Alaska Center for the Environment, et al., Petitioners v. Carl S. Armbrister, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971588. June A. Kreuzer, Petitioner v. Virgil E. Brown. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971590. Pierre Joligard, aka Georges Pierre Joligard, Petitioner v. William E. Findler and Christina M. Joligard. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Cir- cuit denied. No. 971591. Nicholas Damer, Petitioner v. State Bar of California. Petition for writ of certiorari to the Supreme Court of California denied. No. 971597. Stanley J. Gamb, Petitioner v. Hilton Hotels Corpora- tion. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. No. 971601. William E. Jones, Victor E. Jones, and Eric W. Snethen, Petitioners v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971602. In Re John Bisbee, Petitioner. Petition for writ of cer- tiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 971603. Total Foods, et al., Petitioners v. Jay Alix. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971612. Roger J. Woo, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylvania, Pittsburgh Office, denied. No. 971613. Allan Lewis, Petitioner v. Textron Automotive Interi- ors and James D. Houston. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 971617. John Bayliss, et al., Petitioners v. City of Tulsa, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 971622. Cliff Greene, Petitioner v. Citibank, N.A., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

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794 MONDAY, MAY 18, 1998 No. 971644. Barbara Mutsuko Hashimoto, Petitioner v. John H. Dal- ton, Secretary of the Navy. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971648. Connie Brown Derbigny, Petitioner v. Daniel R. Glick- man, Secretary of Agriculture. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971653. Jose Alvarez, et al., Petitioners v. Dade County, Flor- ida. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. No. 971654. Jonas Weissman, Petitioner v. Cohn, Lifland, Perlman, Hermann & Knopf, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 971655. Zachary J. Guillory, Sr., Petitioner v. Jesse Revis, Presi- dent, Local Union 24 I.L.A., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971659. Arel B. Hawkins, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 971670. Susan Kay Hastings, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 971673. LeRoy L. Walters, Petitioner v. Alan C. Metzger and Joan M. Day. Petition for writ of certiorari to the Superior Court of Pennsylvania, Harrisburg Office, denied. No. 971675. Evelyn Z. Sommers, Petitioner v. Thomas A. McKinney, et al. Petition for writ of certiorari to the Superior Court of New Jer- sey, Appellate Division, denied. No. 971676. Aaron L. Salvo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971678. Abdul Elamin Rahman, aka Sidney Grant, Petitioner v. Maryland. Petition for writ of certiorari to the Court of Special Ap- peals of Maryland denied. No. 971707. Bernard F. Bradstreet, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 971713. John Earl Rummel, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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MONDAY, MAY 18, 1998 795 No. 971716. Anthony T. Russell, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Armed Forces denied. No. 971722. Compuware Corporation, Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971727. Melanie R. Biscoe, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Armed Forces denied. No. 971736. Albert A. Flibotte, Petitioner v. Pennsylvania Truck Lines, Inc. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 976032. Vinson Washington, Petitioner v. Pennsylvania. Peti- tion for writ of certiorari to the Supreme Court of Pennsylvania, East- ern District, denied. No. 977395. George Ray Powell, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 977404. Michael Brown, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadelphia Office, denied. No. 977782. Jose Antonio Jimenez, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 977817. David Pratt, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 977821. Charles Hutchins, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 977946. Carmelita D. Viray, Petitioner v. Beneficial California, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977959. James Lewis, Petitioner v. John Keane, Superintend- ent, Sing Sing Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 978150. Samuel Lee Byers, Petitioner v. Minnesota. Petition for writ of certiorari to the Supreme Court of Minnesota denied.

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796 MONDAY, MAY 18, 1998 No. 978174. Russell Collins, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadelphia Office, denied. No. 978178. Joseph Amrine, Petitioner v. Michael Bowersox, Super- intendent, Potosi Correctional Center. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 978180. Cuyler Reynolds, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylvania, Pittsburgh Office, denied. No. 978181. Charles Henry Parker, Petitioner v. Kelly Ward, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978182. Mark Simon, Petitioner v. Colorado Compensation In- surance Authority, et al. Petition for writ of certiorari to the Supreme Court of Colorado denied. No. 978183. Isa Shabazz, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. No. 978184. Gerald L. Rogers, Petitioner v. Sherman Finesilver, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 978198. Robert R. West, Petitioner v. Southwestern Bell Tele- phone Company. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978203. Reginald Morgan, Petitioner v. John Rabun, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 978210. Robert E. Turner, Petitioner v. Ron Champion, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 978211. Eddie Gene Vaughn, Petitioner v. Sergeant Thompson, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 978212. Clayborn Smith, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 978216. Randolph Mullen, Petitioner v. Keith Cooper, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 978218. Tyrone Johnson, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied.

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MONDAY, MAY 18, 1998 797 No. 978220. Steven Terrall, Petitioner v. City of Reno, Nevada, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978223. Roosevelt Beasley, Petitioner v. Gary L. Johnson, Di- rector, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978225. Lloyd E. Boddie, Jr., Petitioner v. H. Gianger, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 978228. Raymundo Frescas, Jr., Petitioner v. Loral Vought Sys- tems Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978236. Betty J. Dumas, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 978244. Donald Gaerttner, Petitioner v. William Love, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 978245. Marcus R. Foreman, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied. No. 978246. Moshe Rothman, Petitioner v. University of Massachu- setts Medical Center. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied. No. 978248. Jimmie Stephen, Petitioner v. United States Court of Appeals for the Ninth Circuit. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978250. Daniel Longcrier, Petitioner v. Layton City, Utah. Peti- tion for writ of certiorari to the Court of Appeals of Utah denied. No. 978254. Araya Wolde-Giorgis, Petitioner v. Walter Delecki, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978255. Charles Alonzo Tunstall, Petitioner v. Mary Somer- ville, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978256. Kenneth W. Smith, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied.

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798 MONDAY, MAY 18, 1998 No. 978262. Ronald Glover, Petitioner v. Burl Cain, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978265. William E. Cunningham, Petitioner v. Leslie Woods, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978266. Wasim Aziz, Petitioner v. Dora B. Schriro, Director, Missouri Department of Corrections, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Eighth Circuit denied. No. 978268. Jesse Wilson Jeffress, Petitioner v. J. Samuel Johnston, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. No. 978269. Dean Russell Clark, Petitioner v. St. Paul Police De- partment, sued as City of St. Paul Police. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 978274. Kamal B. Mahdavi, Petitioner v. One Hundred State, County and City Officials, et al. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. No. 978275. Jason B. Nicholas, Petitioner v. T. J. Miller, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 978278. Ulises Tesoro, Petitioner v. Colorado. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Cir- cuit denied. No. 978281. Frederic J. Miller, Petitioner v. Robert Hugl, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 978286. Stanley Ezell Singleton, Petitioner v. Merrit S. Mat- thews, et al. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. No. 978288. Linda Carole Billemeyer, Petitioner v. Missouri, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 978289. Shelby Harris, Petitioner v. Ken Taylor, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

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MONDAY, MAY 18, 1998 799 No. 978298. Irene Lynch, Petitioner v. Office of the Mayor of New York. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied. No. 978299. Fred G. Labankoff and Swetlana Labankoff, Petitioners v. United States Bankruptcy Court, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978302. Michael R. Lambrix and Robert A. Teffeteller, Peti- tioners v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 978303. Danny Lee Jorgenson, Petitioner v. John M. Ratelle, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978306. George Junior Porter, Petitioner v. Idaho. Petition for writ of certiorari to the Supreme Court of Idaho denied. No. 978307. Michael Righter, Petitioner v. Delaware. Petition for writ of certiorari to the Supreme Court of Delaware denied. No. 978315. Joseph Robert Saavedra, Petitioner v. John Thomas, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 978316. Richard W. Kendrick, Petitioner v. Ron Angelone, Di- rector, Virginia Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Cir- cuit denied. No. 978317. Michael DeWayne Johnson, Petitioner v. Texas. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 978320. Marco Ponce-Bran, Petitioner v. Sacramento Natural Foods Cooperative, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978324. Anthony Floyd Wainwright, Petitioner v. Florida. Peti- tion for writ of certiorari to the Supreme Court of Florida denied. No. 978329. Leonard Renal Roberts, Petitioner v. Ronald Cham- pion, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 978335. Gary Crase, Petitioner v. J. W. Huskey, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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800 MONDAY, MAY 18, 1998 No. 978340. Michael Johnson, Petitioner v. E. Martin, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978343. Hubert Arvie, Petitioner v. Tom E. McHugh, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978352. John Ruff, Petitioner v. Federal Express Corporation, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 978353. Tony A. McFarlin, Petitioner v. George Trent, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978356. Samuel Villegas Lopez, Petitioner v. Arizona. Petition for writ of certiorari to the Superior Court of Arizona, Maricopa County, denied. No. 978368. Jeffrey Dewayne Clark, Petitioner v. Kentucky. Peti- tion for writ of certiorari to the Supreme Court of Kentucky denied. No. 978385. Billy Daniel Raulerson, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. No. 978408. Jermaine Thompson, Petitioner v. New Jersey. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. No. 978423. Paul Leslie Todd, Petitioner v. Gary L. Johnson, Direc- tor, Texas Department of Criminal Justice, Institutional Division. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978424. J. R. Wilkerson, Petitioner v. K. W. Prunty, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978450. Cheryl Meyers, Petitioner v. William Jefferson Clinton, President of the United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 978451. Edward Price, Petitioner v. Lawrence Barreras, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied. No. 978455. Charles William Levy, Petitioner v. Fairfax County, Virginia. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

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MONDAY, MAY 18, 1998 801 No. 978458. Dean Russell Clark, Petitioner v. Harold F. Synstelien. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 978472. Roger C. Johnson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 978475. Pablo Salinas Brito, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978477. Alejandro Paz-Delgado, Petitioner v. Immigration and Naturalization Service. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978484. Alexander M. Traina, Petitioner v. Jeremiah W. Nixon, Attorney General of Missouri, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 978494. Haskell Wexler, Petitioner v. City of Phoenix, Arizona. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978501. David Dumers, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 978513. Rufus Gene Banks, Jr., Petitioner v. North Carolina. Petition for writ of certiorari to the Supreme Court of North Caro- lina denied. No. 978519. Clarence Dixon, Petitioner v. Terry L. Stewart, Direc- tor, Arizona Department of Correction, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Ninth Circuit denied. No. 978521. Charles Edward Frazier, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978526. Hector Clyde Wood, Petitioner v. David S. Cook, Direc- tor, Oregon Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978530. John Laessig, Petitioner v. Donald T. Vaughn, Superin- tendent, State Correctional Institution at Graterford, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

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802 MONDAY, MAY 18, 1998 No. 978531. Charles Wayne Johnson, Sr., Petitioner v. D. R. Hill, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978544. Carmelita D. Viray, Petitioner v. Donald Steuer. Peti- tion for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 978550. Leon Clifford Foster, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978560. James W. Tolbert, Sr., Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978566. Sandra E. Coombs, Petitioner v. Maine. Petition for writ of certiorari to the Supreme Judicial Court of Maine denied. No. 978568. Mack Brown, Petitioner v. James V. Anderson, Super- intendent, Mississippi State Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978583. Otha Anderson, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 978584. Otha Anderson, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 978588. Stephen Michael Szloboda, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978599. David Lawrence, Petitioner v. Al C. Parke, Superin- tendent, Indiana State Prison, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 978601. Chanda John Loeun, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. No. 978609. Mario Garcia Trevino, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978615. Michael W. Blodgett, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 978621. Felipe Benaventa Gamez, aka Felipe Gamez, Petitioner v. United States; and

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MONDAY, MAY 18, 1998 803 No. 978645. Roberto Antonio Davila, aka Robert Davila, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978622. Stephen R. Davis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 978623. Kittrell Bernard Decator, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978628. Alvin Young, Jr., Petitioner v. United States; and No. 978651. Calvin Tyrone Young, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978640. Victoria M. Bobtail Bear, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 978643. Lann Ann Glass, aka Lana Ann Bellecourt, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 978650. Carl L. Wulff, Petitioner v. Office of Personnel Manage- ment. Petition for writ of certiorari to the United States Court of Ap- peals for the Federal Circuit denied. No. 978653. Michael Frank Goodwin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978657. Bounsouay Thatsaphone, Petitioner v. Douglas Weber, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 978661. Ester Soto-Silva, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978663. Wayne A. Peden, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978664. Ralph Reese, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

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804 MONDAY, MAY 18, 1998 No. 978671. Jenkie Hartman Bunn, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978679. Greg Zachery Florez, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 978680. Douglas L. Heinsohn, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 978682. Raul Figueroa-Lopez, aka Raul Figueroa Lopez, Peti- tioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978684. Darrell Rothwell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 978687. Eugene Liporace, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 978697. Yves Leandre, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 978699. Jerry Lee Cunningham, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 978704. Alfred Peter Harms, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978705. Donald Eugene Halpin, Petitioner v. Harry K. Single- tary, Jr., Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 978714. Terry Bruce Lussier, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978716. Personne E. McGhee, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

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MONDAY, MAY 18, 1998 805 No. 978719. Alfredo Espiritu Villegas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978720. Gregory J. Brown, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 978725. Dameon Berry, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 978726. Paul J. Cavanaugh, Jr., Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978730. Robert James Turner, aka Robert James Branham, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978734. Raleigh Lee Sjogren, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978737. Stephen Dye, Petitioner v. Wisconsin. Petition for writ of certiorari to the Court of Appeals of Wisconsin, District II, denied. No. 978739. Archie L. Dunn, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 978743. Jerry Wayne Johns, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 978748. Michael Powers, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 978749. Rudy Cabrera Sablan, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 978751. Frank Edward Vann, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 978755. Rodney Anderson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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806 MONDAY, MAY 18, 1998 No. 978756. Nelson Manuel Cabrera, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978765. Antonio Pirina Argueta, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978782. Omer David Cannon, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 971262. Arthur Calderon, Warden, Petitioner v. Stevie Lamar Fields. Motion of respondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971441. Ricky Bell, Warden, Petitioner v. William E. Grose- close. Motion of respondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971442. Ricky Bell, Warden, Petitioner v. Ronald Eugene Rick- man. Motion of respondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971509. Terry L. Stewart, Director, Arizona Department of Correction and Grant Woods, Attorney General of Arizona, Petitioners v. Paris Hoyt Carriger. Motion of respondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971302. Colorado Compensation Insurance Authority, et al., Petitioners v. Mark Simon, et al. Motion of respondents for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the Supreme Court of Colorado denied. No. 971320. Bruce W. Davis, et al., Petitioners v. City of Hollywood. Motion of Donald J. Jaret for leave to file a brief as amicus curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 971346. Robert Cabral, Petitioner v. Healy Tibbits Builders, Inc. Motion of Southern California-Nevada Regional Council of Car- penters, et al., for leave to file a brief as amici curiae granted. Motion of Inland Boatmen's Union of the Pacific, Columbia River Region, for leave to file a brief as amicus curiae granted. Petition for writ of cer-

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MONDAY, MAY 18, 1998 807 tiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978193. Maurice J. McDonald, Petitioner v. Illinois. Petition for a writ of certiorari before judgment to the United States Court of Appeals for the Seventh Circuit denied.

Habeas Corpus Denied No. 978186. In Re Jack Stein, Petitioner; No. 978667. In Re Lonnie James Sanders, Petitioner; No. 978727. In Re Randall Chesteen, Petitioner; No. 978735. In Re Donald Flynn, Petitioner; No. 978736. In Re John Richard Gibson, Petitioner; and No. 978747. In Re Felix Price, Petitioner. Petitions for writs of habeas corpus denied.

Mandamus Denied No. 978270. In Re Gregory L. Adams, Petitioner; No. 978304. In Re Ida Mae Williams Lewis, Petitioner; No. 978330. In Re Billy Holmes Richards, Petitioner; No. 978581. In Re Eddie Keeper, Petitioner; and No. 978614. In Re Charles R. Bailey, Petitioner. Petitions for writs of mandamus denied.

Prohibition Denied No. 978237. In Re Maurice E. Hughley, Petitioner. Petition for writ of prohibition denied.

Rehearings Denied No. 969086. Bigler Jobe Stouffer, Petitioner v. Oklahoma; No. 97969. In Re David Keanu Sai, etc., Petitioner; No. 971171. Mary K. Oddino, Petitioner v. James M. Oddino, et al.; No. 971200. James C. Wherry, Petitioner v. Iowa Supreme Court Board of Professional Ethics and Conduct; No. 971222. Don Ray Phinney, Petitioner v. First American Na- tional Bank, et al.; No. 971260. Clyde E. Clements, Jr., Petitioner v. Babcock & Wilcox Company, et al.; No. 971282. Linda Stetler, Petitioner v. Lewis Sanders, et ux., et al.; No. 971306. James Ervin Wright, Petitioner v. Mass Transit Administration;

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808 MONDAY, MAY 18, 1998 No. 971339. Bruce Buchbinder, Petitioner v. Commissioner of Inter- nal Revenue; No. 975217. Anderson Delgado, aka Andy, Petitioner v. United States; No. 976420. Helen Savage, Petitioner v. Michigan; No. 976769. Reedie J. Ward, Petitioner v. Ravenswood Village Nur- sing Home; No. 976797. Otis Rudd, Petitioner v. Billye Forrest, et al.; No. 977502. Thomas Pellegrino, Petitioner v. South Dakota, et al.; No. 977515. Robert Teffeteller, Petitioner v. Stephen H. Grimes, Chief Justice, Supreme Court of Florida, et al.; No. 977542. In Re Larry Patzlaff, Petitioner; No. 977543. Larry Patzlaff, Petitioner v. E. Steeves Smith, P.C.; No. 977553. Al Ventimiglia, Petitioner v. Cindy Watter, et al.; No. 977613. Napoleon English, Petitioner v. Thomas F. Page, Warden; No. 977616. Kenneth MacKenzie, Petitioner v. Daniel L. Owens, et al.;No. 977699. Jesse Ball, Petitioner v. United States; No. 977770. Edward C. Patterson, Petitioner v. Merit Systems Pro- tection Board; No. 977775. Thomas W. Spindle, Petitioner v. Herbert Tillery, Commandant; No. 977776. Benzion Berkowitz, Petitioner v. State of Israel, et al.; No. 977909. Robert L. Donovan, Petitioner v. Wayne Strack, Super- intendent, Fishkill Correctional Facility; and No. 978243. Bobby Hazel, Petitioner v. United States. Petitions for rehearing denied. No. 97471. Kansas Public Employees Retirement System, Peti- tioner v. Blackwell, Sanders, Matheny, Weary & Lombardi, et al. Mo- tion for leave to file a petition for rehearing denied.

Attorney Discipline

No. D1846. In the Matter of Disbarment of Andrew D. Jackson. Disbarment order entered. No. D1872. In the Matter of Disbarment of Dollie Stafford Manns. Disbarment order entered. No. D1911. In the Matter of Disbarment of Sandra K. Houston. Disbarment order entered.

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MONDAY, MAY 18, 1998 809 No. D1912. In the Matter of Disbarment of Kevin Guy Gupton. Disbarment order entered. No. D1915. In the Matter of Disbarment of Peter C. Speers, III. Disbarment order entered. No. D1918. In the Matter of Disbarment of Jay William Bouldin. Disbarment order entered. No. D1951. In the Matter of Disbarment of Robert A. Breeze. Rob- ert A. Breeze, of San Diego, California, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1952. In the Matter of Disbarment of Hudson Cary Stewart. Hudson Cary Stewart, of Los Angeles, California, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1953. In the Matter of Disbarment of Clayton A. Chittim, Jr. Clayton A. Chittim, Jr., of Grandview, Missouri, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1954. In the Matter of Disbarment of Ricky Edwin Williams. Ricky Edwin Williams, of Tampa, Florida, is suspended from the prac- tice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

Recess Order

The Court will take a recess from Monday, May 18, 1998, until Tues- day, May 26, 1998.

Admissions to the Bar on Written Motions Applicant City and State Movant Gregory J. Adams Salt Lake City, Mona Lyman UT J. Robert Andrews Cincinnati, OH Richard Jay Goldberg Edward J. Annen, Jr. Kalamazoo, MI James Hamilton Geary

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810 MONDAY, MAY 18, 1998

Applicant City and State Movant Rolf M. Baghdady Columbia, SC William Rhett Eleazor Kenneth Brent Black Salt Lake City, Randon Whittle UT Wilson Philip Blumstein Anchorage, AK Hal Ragland Horton George C. Boisseau Santa Rosa, CA Geoffrey Allan Hansen Sheila M. Bradley Tulsa, OK Dwayne C. Pollard Joyce Nadine Burnett San Diego, CA Gary W. Schons Beverly Joanne Agee Richmond, VA John A. Rupp Burton William J. Bush San Francisco, CA Robert Leon Rusky Rebecca L. Cachia-Riedl San Francisco, CA Kelly M. Klaus Karen Lyn Hillman Mobile, AL Alexander Bunin Campbell Craig John Cannizzo San Francisco, CA Robert Leon Rusky Rachel Marie Capote Houston, TX Victor R. Blaine Bridget Alice Chambers Des Moines, IA Elizabeth M. Osenbaugh Alanson Trigg Chenault, IV New Orleans, LA Antonio J. Rodriguez Jessie A. Cook Bloomington, IN William Gelder Smock Gregory G. Diaz Long Beach, CA Jerry M. Patterson Charles R. Eskridge, III Houston, TX David C. Frederick James W. Feltus Tacoma, WA Dan R. Dubitzky Miriam S. Fleming Milwaukee, WI Robyn S. Shapiro Martin C. Fliesler San Francisco, CA Mark E. Miller Carolyn B. Friedland Cleveland, OH Gerald A. Messerman Thomas J. Goetz Albany, NY Anthony Joseph Annucci Robert Francis Gold Morristown, NJ Gerard E. Hanlon Alexander Paul Green Berkeley, CA Colin James Heran

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MONDAY, MAY 18, 1998 811

Applicant City and State Movant Peter Robert Harwood Cleveland, OH Michael T. Honohan Georgina Elspeth Hayden New York, NY Robert J. Giuffra, Jr. Joseph H. Hobson, Jr. Salem, OR John Joseph Rademacher Daisy M. Holder Birmingham, AL Tyrone Carlton Means Christopher David Imlay Washington, DC Julian P. Freret Daniel Jay Isenberg Los Angeles, CA Robert L. Morrison David J. Jordan Salt Lake City, Randon Whittle UT Wilson Jan P. Jumonville Metairie, LA Vincent J. Glorioso, Jr. Kevin J. Keating Huntington, NY Melvyn K. Roth Thomas Sam Kiriakos Chicago, IL James C. Schroeder Stephen Mark Lasky Denver, CO William L. Bromberg Richard Charles Levin Dallas, TX Michael Lowenberg Dorothy Rose Locascio Stewart Manor, Bipin Engineer NY Bobby Scott Mabry Houston, TX Paul LeRoy Crist Burt Magen San Francisco, Mark E. Miller CA Lorelie Sue Masters Washington, DC Rhonda D. Orin Michael T. McCormick Chicago, IL Gary M. Feiereisel Ted J. Nelson Tulsa, OK Dwayne C. Pollard Marc P. Niedzielski Wilmington, DE Marsha Kramarck Michael J. O'Reilly Bloomfield Hills, John M. Thomas MI Mark E. Opalisky Philadelphia, PA Robert R. Reeder Martin Anthony Pedata Palm Harbor, FL Kenneth Lowell Mitchell Roger Dale Phipps New Orleans, LA Bruce G. Whittaker

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812 MONDAY, MAY 18, 1998

Applicant City and State Movant Evanthea Louise Parker New Orleans, LA Bruce G. Phipps Whittaker James Michael Pickens Little Rock, AR William H. Sutton Daniel Paul Powell Alamosa, CO Robert Wilson Ogburn Phillip Dean Prokopowicz Inver Grove James C. Heights, MN Backstrom Thomas Joseph Quinn Chatham, NJ Mary Ann D'Amato Stephen Thomas Roberts Lagrangeville, NY Mary Ann D'Amato Stephen W. Rupp Salt Lake City, Mona Lyman UT Traci A. Sammeth Seattle, WA Mary Margaret McKeown Dylan L. Schaffer San Francisco, CA Dennis P. Riordan Philip William Silva, IV Middleboro, MA William D. Saltzman William J. Snipes New York, NY Michael Anthony Cooper Clifford R. Strider, III Alexandria, LA Don Morton Burkett Jacqueline J. Sullivan Arlington, MA Robert Louis Teagan Mark S. Sussman North Miami Bruce S. Rogow Beach, FL Luther Oneal Sutter, II Little Rock, AR Robert Ross Wright, III Raul E. Tellez Cincinnati, OH Richard Jay Goldberg Ivan James Toney Greenville, SC David J. Rutledge Melanie J. Lincoln, NE Linda Louise Whittamore-Mantzios Willard Stephen John Wyse Dallas, TX Jerry Robin Selinger

Opinions

No. 9716. Ohio Forestry Association, Inc., Petitioner v. Sierra Club, et al. On writ of certiorari to the United States Court of Appeals for

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MONDAY, MAY 18, 1998 813 the Sixth Circuit. Judgment vacated, and case remanded to the United States Court of Appeals for the Sixth Circuit with instructions to dis- miss. Opinion by Justice Breyer. No. 961829. Montana, et al., Petitioners v. Crow Tribe of Indians, et al. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment reversed, and case remanded to the United States Court of Appeals for the Ninth Circuit for further pro- ceedings in conformity with the opinion of this Court. Opinion by Jus- tice Ginsburg. Opinion by Justice Souter, with whom Justice O'Connor joins, concurring in part and dissenting in part. No. 96779. Arkansas Educational Television Commission, Peti- tioner v. Ralph P. Forbes. On writ of certiorari to the United States Court of Appeals for the Eighth Circuit. Judgment reversed, and case remanded to the United States Court of Appeals for the Eighth Circuit for further proceedings in conformity with the opinion of this Court. Opinion by Justice Kennedy. Dissenting opinion by Justice Stevens, with whom Justice Souter and Justice Ginsburg join. No. 97463. Textron Lycoming Reciprocating Engine Division, AVCO Corp., Petitioner v. United Automobile, Aerospace and Agricul- tural Implement Workers of America, International Union and its Local 787. On writ of certiorari to the United States Court of Appeals for the Third Circuit. Judgment reversed, and case remanded to the United States Court of Appeals for the Third Circuit for further pro- ceedings in conformity with the opinion of this Court. Opinion by Jus- tice Scalia. Concurring opinion by Justice Stevens. Opinion by Justice Breyer concurring in part and concurring in the judgment. No. 968516. Kenneth Eugene Bousley, Petitioner v. United States. On writ of certiorari to the United States Court of Appeals for the Eighth Circuit. Judgment reversed, and case remanded to the United States Court of Appeals for the Eighth Circuit for further proceedings in conformity with the opinion of this Court. Opinion by The Chief Justice. Opinion by Justice Stevens concurring in part and dissenting in part. Dissenting opinion by Justice Scalia, with whom Justice Thomas joins. No. 97300. Terry Stewart, Director, Arizona Department of Correc- tion, et al., Petitioners v. Ramon Martinez-Villareal. On writ of certio- rari to the United States Court of Appeals for the Ninth Circuit. Judg- ment affirmed. Opinion by The Chief Justice. Dissenting opinion by Justice Scalia, with whom Justice Thomas joins. Dissenting opinion by Justice Thomas, with whom Justice Scalia joins.

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814 MONDAY, MAY 18, 1998 Admissions to the Bar on Oral Motions Applicant City and State Movant

Stephen Conrad Ruehmann Sacramento, CA Sharon Kay Sandeen Elizabeth A. Lossing Pasadena, CA Claude Edward Zobell, Jr. Judith A. Runyon Riverside, CA Claude Edward Zobell, Jr. Gregory K. Lawrence Washington, DC Judge James R. Lawton Michael P. Scharf Boston, MA Judge James R. Lawton Steven J. Brooks Boston, MA Judge James R. Lawton Daniel James Cardinal Boston, MA Judge James R. Lawton Anna Marie Chiccarelli Bedford, MA Judge James R. Lawton Diane Christensen Stoughton, MA Judge James R. Lawton Charles M. Clifford Boston, MA Judge James R. Lawton Neil P. Crowley Boston, MA Judge James R. Lawton Timothy Francis Cullen Boston, MA Judge James R. Lawton Maria Civita Curtatone Somerville, MA Judge James R. Lawton Joseph Anthony Curtatone Somerville, MA Judge James R. Lawton Barbara M. Durgin East Boston, MA Judge James R. Lawton Brian Todd Fisher Washington, DC Judge James R. Lawton Elizabeth Anne Fleming Somerville, MA Judge James R. Lawton Thomas R. Hunt New Bedford, MA Judge James R. Lawton Bonnie Lynne Karshbaum Lexington, MA Judge James R. Lawton

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MONDAY, MAY 18, 1998 815

Applicant City and State Movant Michael James Kelley Boston, MA Judge James R. Lawton Denise Therese Kenneally Boston, MA Judge James R. Lawton Kevin Joseph Kilduff Boston, MA Judge James R. Lawton Martha Elizabeth Krache Quincy, MA Judge James R. Lawton Michael Lushan Brookline, MA Judge James R. Lawton Bruce Robert McElvenny Norwell, MA Judge James R. Lawton Christine M. Nicastro Boston, MA Judge James R. Lawton Owen Leary O'Malley Cohasset, MA Judge James R. Lawton Juergen R. Ostertag Weston, MA Judge James R. Lawton Anthony William Ravosa Springfield, MA Judge James R. Lawton Kevin L. Ryle Cambridge, MA Judge James R. Lawton Michael Charles Stevens Dedham, MA Judge James R. Lawton Christopher M. Uhl Worcester, MA Judge James R. Lawton Judith A. Wayne Nahant, MA Judge James R. Lawton C. Debra Welch West Palm Beach, Judge James R. FL Lawton Donald Gerard Harrington Westfield, NJ Judge James R. Lawton Diana L. Wheeler New York, NY Judge James R. Lawton Fernanda Beatrice Dau Washington, DC Judge James R. Lawton Karen Gibson Von Winbush Philadelphia, PA Judge James R. Lawton Steven M. Walsh Fall River, MA Judge James R. Lawton

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816 MONDAY, MAY 18, 1998

Applicant City and State Movant Patricia Anne Coyne-Fague Providence, RI Judge James R. Lawton Clare T. Jabour Providence, RI Judge James R. Lawton John Francis Lusi Johnston, RI Judge James R. Lawton Kevin Francis McHugh Providence, RI Judge James R. Lawton Bruce William McIntyre Providence, RI Judge James R. Lawton Stephen Thomas Morrissey South Kingstown, Judge James R. RI Lawton Philip George Parsons Johnston, RI Judge James R. Lawton Louis J. Saccoccio Narrangansett, RI Judge James R. Lawton Craig James Watkinson Johnston, RI Judge James R. Lawton Colleen Ann Sonosky Alexandria, VA Judge James R. Lawton Steven Charles Bauman West Hartford, CT Richard Lawrence Ottinger Rebecca S. Breed Greenwich, CT Richard Lawrence Ottinger Elizabeth A. Edwards Wilton, CT Richard Lawrence Ottinger Thomas Eugene Henry, Jr. Pound Ridge, NY Richard Lawrence Ottinger Salvatore Joseph Liga New York, NY Richard Lawrence Ottinger Jane A. Grinch Hackensack, NJ Richard Lawrence Ottinger Christopher E. Martin Ramsey, NJ Richard Lawrence Ottinger John Motta Linden, NJ Richard Lawrence Ottinger Marian Herald Speid Elmwood Park, Richard Lawrence NJ Ottinger Vincent Anzalone New York, NY Richard Lawrence Ottinger

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MONDAY, MAY 18, 1998 817

Applicant City and State Movant Rene Aponte New York, NY Richard Lawrence Ottinger Rocco G. Avallone Flushing, NY Richard Lawrence Ottinger Kevin J. Barry White Plains, NY Richard Lawrence Ottinger Nancy J. Barry White Plains, NY Richard Lawrence Ottinger Mark F. Bernstein Ossining, NY Richard Lawrence Ottinger James Moore Bollinger New York, NY Richard Lawrence Ottinger Raymond J. Brusca White Plains, NY Richard Lawrence Ottinger Gloria Anderson Bunze White Plains, NY Richard Lawrence Ottinger Matthew Jude Byrne Suffern, NY Richard Lawrence Ottinger Lois Cappelletti-Siebken New City, NY Richard Lawrence Ottinger David Castagna Nyack, NY Richard Lawrence Ottinger Anthony J. Centone New York, NY Richard Lawrence Ottinger Jaehoon Chung New York, NY Richard Lawrence Ottinger Lonnie Seward Davis Birmingham, AL Richard Lawrence Ottinger Stephen DePalma Danbury, CT Richard Lawrence Ottinger Thomas M. Denaro New York, NY Richard Lawrence Ottinger Terrence P. Dwyer Poughkeepsie, NY Richard Lawrence Ottinger Ronald M. Eppinger White Plains, NY Richard Lawrence Ottinger Steven Bruce Epstein Westbury, NY Richard Lawrence Ottinger Nancy M. Eraca-Cornish Elmira, NY Richard Lawrence Ottinger

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818 MONDAY, MAY 18, 1998

Applicant City and State Movant Gus P. Fotopoulos Carmel, NY Richard Lawrence Ottinger Kathleen Mary Gizzo New York, NY Richard Lawrence Ottinger Thomas E. Gorman New York, NY Richard Lawrence Ottinger David Nathanial Green Albany, NY Richard Lawrence Ottinger Sharon Altman Hatton White Plains, NY Richard Lawrence Ottinger Geraldine A. Kennedy New York, NY Richard Lawrence Ottinger John James Komar White Plains, NY Richard Lawrence Ottinger Salvatore Anthony Lagonia Yorktown, NY Richard Lawrence Ottinger Preston Avram Leschins New York, NY Richard Lawrence Ottinger Silin Ann Loughlin Miller Place, NY Richard Lawrence Ottinger Diane Mary Lundin White Plains, NY Richard Lawrence Ottinger John Sherman Maduras Chappaqua, NY Richard Lawrence Ottinger Lawrence John McElroen Mahopac, NY Richard Lawrence Ottinger Randal P. McKay New York, NY Richard Lawrence Ottinger Steven G. Miller White Plains, NY Richard Lawrence Ottinger Steven Irwin Milligram Highland Mills, Richard Lawrence NY Ottinger Michael Anthony Moriello Kingston, NY Richard Lawrence Ottinger Joyce A. Morin Carmel, NY Richard Lawrence Ottinger Rae Ann Murphy Rye, NY Richard Lawrence Ottinger Janet Novatnak Birmingham, AL Richard Lawrence Ottinger

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MONDAY, MAY 18, 1998 819

Applicant City and State Movant Suzan Dawn Paras New York, NY Richard Lawrence Ottinger Mark S. Pruzan Mahopac, NY Richard Lawrence Ottinger Anastasia Therese Judith Ardsley, NY Richard Lawrence Reardon Ottinger Andrew Ira Rosenblum Rockville Centre, Richard Lawrence NY Ottinger Barbara Danetz Ross Mount Vernon, Richard Lawrence NY Ottinger Sharon Ann Scanlan White Plains, NY Richard Lawrence Ottinger Rosanne K. Schaffner Washington, CT Richard Lawrence Ottinger Davida Shapiro Scher New York, NY Richard Lawrence Ottinger Nancy A. Sharp New York, NY Richard Lawrence Ottinger Esther H. Steinhauer New York, NY Richard Lawrence Ottinger Alali M. Tamuno New York, NY Richard Lawrence Ottinger Sofia Gabriela Torres Bronx, NY Richard Lawrence Ottinger Bruce D. Townsend Walden, NY Richard Lawrence Ottinger Rochelle Rena Weisburg New York, NY Richard Lawrence Ottinger Barbara Y. Wierbicki New York, NY Richard Lawrence Ottinger Albert William Cornachio, Yonkers, NY Albert W. III Cornachio Julia Diane Cornachio Bronx, NY Albert W. Cornachio Charles A. D'Agostino, Jr. Pleasantville, NY Albert W. Cornachio Ian C. Daiter Larchmont, NY Albert W. Cornachio Emily Rosina Fabrizio Larchmont, NY Albert W. Cornachio

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820 MONDAY, MAY 18, 1998

Applicant City and State Movant Pasquale Guy Gizzo Harrison, NY Albert W. Cornachio Joseph A. Marra Yonkers, NY Albert W. Cornachio Mary Beth Mullins Larchmont, NY Albert W. Cornachio Joseph F. Nocca Yonkers, NY Albert W. Cornachio Joseph Anthony Sena, Jr. White Plains, NY Albert W. Cornachio Michele A. Vitali Larchmont, NY Albert W. Cornachio Denise Pagano Ward Rye, NY Albert W. Cornachio Cynthia A. Chappell Hackensack, NJ Charles John Xavier Kahwaty Harold Hoffman Fair Lawn, NJ Charles John Xavier Kahwaty John Ralph Holsinger Hackensack, NJ Charles John Xavier Kahwaty Richard A. Joel Oradell, NJ Charles John Xavier Kahwaty Lawrence Andrew Joel Oradell, NJ Charles John Xavier Kahwaty Richard Aedan Joel, Jr. Oradell, NJ Charles John Xavier Kahwaty Edward Thomas Joel Ho-Ho-Kus, NJ Charles John Xavier Kahwaty Lois Lipton Hackensack, NJ Charles John Xavier Kahwaty

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MONDAY, MAY 18, 1998 821

Applicant City and State Movant Randy Thomas Pearce Hackensack, NJ Charles John Xavier Kahwaty Debra Fran Schneider Fort Lee, NJ Charles John Xavier Kahwaty

Adjourned until Tuesday, May 26, 1998, at 10 o'clock.

Rehearing Denied No. 978272. Robert Anthony Carter, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Application for stay of execution of sentence of death presented to Justice Scalia and by him referred to the Court denied. Petition for rehearing denied.

Certiorari Denied No. 979101. Robert Anthony Carter, Petitioner v. George W. Bush, Governor of Texas, et al. Application for stay of execution of sentence of death presented to Justice Scalia and by him referred to the Court denied. Petition for writ of certiorari before judgment to the United States Court of Appeals for the Fifth Circuit denied.

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(JOURNAL) FRIDAY, MAY 22, 1998 823 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer. The Chief Justice said: "The Court is in special session this afternoon to receive the Resolu- tions of the Bar of the Supreme Court in tribute to our former col- league and friend, Justice William J. Brennan. "The Court recognizes the Solicitor General. Mr. Solicitor General Waxman addressed the Court as follows: "Mr. Chief Justice, and may it please the Court: At a meeting today of the Bar of this Court, Resolutions memorializing our deep respect and affection for Justice Brennan were unanimously adopted. With the Court's leave, I shall summarize the Resolutions and ask that they be set forth in their entirety in the records of the Court.

"RESOLUTION"

"William Joseph Brennan, Jr., graced this Court for 34 extraordinary years. Appointed in 1956 by President Eisenhower, his service spanned eight presidencies, seventeen Congresses, and 146 volumes of the United States Reports. His unique qualities of mind and heart touched the lives of one-fifth of all Justices that have served on this Court, 112 law clerks, each of whom became part of the Justice's extended family, the full complement of the Court's support personnel, all of whom he regarded and treated as valued friends, and countless members of the Bar. "His life was the embodiment of the American dream, and his judicial career was a sustained effort to allow others to share in that dream. Born in 1906 to Irish immigrant parents, he was enormously influenced by his father, a coal worker, labor union and reform politician who intended his son for the bar, and by the circumstances of his upbringing. "What got me interested in people's rights and liberties, the Justice would later recall, was the kind of neighborhood I was brought up in. I saw all kinds of suffering. People had to struggle. "Justice Brennan married Marjorie Leonard just before he gradua- ted from the University of Pennsylvania with honors in economics. The Justice was deeply devoted to Marjorie for 54 years, and their three

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824 FRIDAY, MAY 22, 1998 children, Bill, III, Hugh, and Nancy, were a constant source of joy and comfort to them both. "At Harvard Law School, Bill Brennan's performance earned him acceptance by the Legal Aid Society, where he experienced firsthand the power of the law to affect the lives of the weak. "Because his father had died during his second year at Harvard, after graduation it fell to the Justice to support his mother, his wife, and six siblings. He joined the most prestigious law firm in Newark, its first Catholic lawyer, and later its first Catholic partner. "In 1942, at the age of 36, Justice Brennan volunteered for the Army. Assigned to Los Angeles, he oversaw the massive influx of women into civilian defense jobs. Despite housing shortages, he refused to take the easy route of commandeering the homes of interned Japanese- Americans. Awarded the Legion of Merit, he left the Army at the rank of full colonel. "After the war, the Justice rose rapidly in the private bar. He devel- oped a reputation as impeccably fair and gracious, both at the bar and in the public arena. Though his livelihood depended on management- side labor work, he spoke out in support of the right to strike, and in favor of legislation to prohibit employer intimidation of union mem- bers, but he also urged labor to accept its responsibilities not to invade or trample upon the rights of other groups, and he vigorously con- demned racial discrimination by unions. "In 1949, Justice Brennan began his judicial career on the New Jer- sey trial bench. Soon thereafter, he was appointed to the Appellate Division, and then elevated to the State supreme court. The Resolution discusses his important work on that court. "During his extraordinary life, Justice Brennan's legendary energy level waned only once, when Marjorie lost a sustained battle with can- cer in 1982. The Justice himself had conquered throat cancer, which almost cost him his voice, but it was Marjorie's death that sent his morale plummeting. "His zest for life returned in 1983, when he married Mary Fowler, his secretary of 26 years. Mary brought the Justice a new spring in his step and renewed energy. The two shared a special love and a lot of history. "One key to the power of the Brennan judicial legacy is the harmony between the Justice's life and his work. The personal traits we most remember were his love of people and his ability to put himself in others' shoes. Virtually everyone who encountered Justice Brennan has a story of his kindness, and he acknowledged his antagonists as he

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FRIDAY, MAY 22, 1998 825 embraced his adherents, as fellow human beings worthy of love, tolera- tion, and respect. "Justice Brennan understood the wonder of a democratic society that could lift the son of a penniless immigrant to the highest Court in the land and not seem to notice that anything extraordinary had occurred. "Because he believed that the essence of American democracy is its commitment to respect the equal, innate dignity of every human being, Justice Brennan dedicated his judicial career to building a legal system that reinforces true democracy by preserving its indispensable building blocks, individuals living in freedom, mutual toleration, and respect. "The sweep and power of Justice Brennan's contribution to American law challenges our collective imaginations. He authored 533 opinions for the Court, 694 dissents, and 346 concurrences. "Our ideal of democracy flows from his historic opinion for the Court in Baker v. Carr. "Our modern conception of free speech was articulated in his opin- ions for the Court in New York Times v. Sullivan, Texas v. Johnson, and Brandenburg v. Ohio. "Our understanding of freedom of association was shaped by NAACP v. Button, Elrod v. Burns, and Roberts v. United States Jaycees. "Our commitment to academic freedom was defined in Keyishian. The doctrine of unconstitutional conditions flows from Justice Bren- nan's opinions in Speiser v. Randall, and League of Women Voters. "Contemporary protection for the free exercise of religion begins with his opinion for the Court in Sherbert v. Verner. "Our modern understanding of the Establishment Clause, initially propounded in his separate opinion in Abington School District v. Schempp, was classically restated in Justice Brennan's opinion for the Court in Edwards v. Aguillard. "Our commitment to equality before the law was deepened and ad- vanced by opinions he prepared in Cooper v. Aaron, Green v. County School Board, Keyes, Frontiero, and Craig v. Boren. "Our contemporary understanding of procedural fairness was shaped by Jencks, Bruton, Winship, and Goldberg v. Kelly. "Our approach to collective bargaining and the rights of the individ- ual employee in that process was influenced by Communications Workers v. Beck, and Boys Markets. "Our modern understanding of the preeminent role of Federal courts as guarantors of individual liberty is based on Justice Brennan's opin- ions for the Court in cases like Monell, Bivens, and Cooper.

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826 FRIDAY, MAY 22, 1998 "The Resolution discusses Justice Brennan's contributions in each of these areas. "When he wrote in dissent, Justice Brennan spoke to the future. His sustained and passionate efforts with respect to capital punishment, his concern for nontextual rights inherent in human dignity, his defense of habeas corpus, his efforts to preserve the wall between church and State, his defense of free speech in those relatively rare settings when he was unable to persuade a majority of the Court to embrace his vision of the First Amendment, his endorsement of carefully targeted affirmative action, his scholarly effort to reinterpret the Eleventh Amendment all stand as reminders of what seemed unfinished business to Justice Brennan. "Justice Brennan's contribution to American thought is deeper than substantive outcomes or doctrinal innovations. His passionate effort to read the Bill of Rights in defense of the innate dignity of the individual, not as an alienated island but as a participant in a democracy of equals, has enriched our concept of judging. "Healthy debate will continue over the role of a constitutional judge in a vibrant democracy, but time and debate can only enhance Justice Brennan's status as the archetype of a Justice passionately devoted to individual rights. "Wherefore, it is accordingly "RESOLVED, that we, as representative members of the Bar of the Supreme Court of the United States, express our deep sadness at the death of Justice Brennan, our condolences to the Brennan family, and our profound admiration for Justice Brennan's matchless contributions to the cause of human dignity; and it is further "RESOLVED, that the Solicitor General be asked to present these Resolutions to the Court, and that the Attorney General be asked to move that they be inscribed on the Court's permanent record." The Chief Justice said: "Thank you, Mr. Solicitor General. I recognize the Attorney General of the United States." Attorney General Reno addressed the Court as follows: "Mr. Chief Justice, and may it please the Court: "The Bar of the Court met today to honor the memory of William J. Brennan, Jr., Associate Justice of the Supreme Court from 1956 to 1990. While recognizing Justice Brennan's extraordinary contributions to this Court and impact on the legal world in a wide variety of areas, I

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FRIDAY, MAY 22, 1998 827 will limit these remarks to just a few examples of Justice Brennan's contributions to constitutional jurisprudence. "Justice Brennan served on this Court for 34 years. His role was central in the Court's expansion during that era of the substance of the Constitution's protection of individual rights, as well as in the Court's strengthening of the remedies available for the enforcement of those rights. "Justice Brennan's contributions to the development of the law are perhaps most striking in the Court's free speech cases. In his opinion for the Court in Speiser v. Randall, for example, Justice Brennan intro- duced the concept of the chilling effect. Explaining that the man who knows that he must bring forth proof and persuade another of the lawfulness of his conduct necessarily must steer far wider of the unlaw- ful zone than if the State must bear these burdens. "Six years later came New York Times v. Sullivan, one of the leading free speech cases of this century. Justice Brennan articulated the fun- damental principle of the opinion, and one of the foundations of this Court's First Amendment jurisprudence. "In oft-quoted language, he stated that the Court considers this case against the background of a profound national commitment to the prin- ciple that debate on public issues should be uninhibited, robust, and wide open, and that it may well include vehement, caustic, and some- times unpleasantly sharp attacks on Government and public officials. "New York Times v. Sullivan is a characteristic example of Justice Brennan's recognition that the provisions of the Bill of Rights and the Civil War amendments embody core values and principles that remain valid even where their vindication requires significant alteration in hitherto accepted principles of State law. "In NAACP v. Button, the Court held that the State of Virginia could not prohibit NAACP lawyers from giving legal advice to citizens of Virginia. Modern conceptions of vagueness and over-breadth trace their roots to Justice Brennan's opinion for the Court in this case, which once again relied on the chilling effect rationale he had first elaborated in Speiser. "In the two flag-burning cases that came before the Court in Justice Brennan's last two terms, Texas v. Johnson, and United States v. Eich- man, Justice Brennan spoke for the Court in holding the statutes un- constitutional. As Justice Brennan explained in Johnson: Our decision is a reaffirmation of the principles of freedom and inclusiveness that the flag best reflects, and of the conviction that our toleration of criti- cisms such as Johnson's is a sign and a source of our strength.

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828 FRIDAY, MAY 22, 1998 "Justice Brennan was a leading exponent of the need to maintain separation of church and State under the Establishment Clause, as articulated in his influential concurring opinion in Abington School District v. Schempp. "As he explained in that opinion, it is not only the nonbeliever who fears the injection of sectarian doctrines and controversies into the civil polity, but in as high degree it is the devout believer who fears the secularization of a creed which becomes too deeply involved with, and dependent upon, the Government. "Justice Brennan also spoke for the Court in a major Free Exercise Clause case, Sherbert v. Verner, which eloquently set forth one side of the debate regarding whether strict governmental neutrality is suffi- cient to satisfy the constitutional command of the clause. "The same underlying philosophy provided the foundation for Justice Brennan's notable contribution to the jurisprudence of the Equal Pro- tection Clause. As is by now well-known, he wrote most of the opinion, signed by all nine members of the Court, in Cooper v. Aaron. "Justice Brennan's seminal opinion upholding the constitutionality of substantive provisions of the Voting Rights Act of 1965 in Katzenbach v. Morgan marked a crucial milestone in the struggle for equal voting rights, and in Thornburgh v. Gingles, Justice Brennan again wrote for the Court in setting forth the basic analytical structure that would govern the interpretation of the amended section 2 of the Voting Rights Act. "Perhaps even more than in the area of race discrimination, Justice Brennan's application of the Equal Protection Clause in gender dis- crimination cases has had a lasting impact on the law. In Frontiero v. Richardson, Justice Brennan's plurality opinion recognized that statu- tory distinctions between the sexes often have the effect of invidiously relegating the entire class of females to inferior legal status without regard to the actual capabilities of its individual members. "Although he was writing only for a plurality in Frontiero, the Court adopted Justice Brennan's views in Craig v. Boren, as well as his fur- ther articulation of the standard governing gender discrimination under the Equal Protection Clause. Classifications by gender must serve important governmental objectives, and must be substantially related to the achievement of those objectives. "In his ground-breaking opinion for the Court in Goldberg v. Kelly, Justice Brennan first applied due process standards to a State's deci- sion to terminate welfare payments.

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FRIDAY, MAY 22, 1998 829 "In Shapiro v. Thompson, Justice Brennan spoke for the Court in striking down longstanding State residency requirements for welfare as a burden on the right to travel. "In Eisenstadt v. Baird, Justice Brennan wrote an important opinion that was a crucial stepping stone in the development of the right to privacy, and in Penn Central Transportation Company v. New York City, Justice Brennan set forth for the Court the fundamental analysis that continues to govern the adjudication of claims that Government regulation of private property constitutes a taking. "Justice Brennan's contributions were not limited to civil cases. He wrote for the Court in Malloy v. Hogan, holding that the Fifth Amend- ment's protection against compelled self-incrimination applied to the States. "In In Re Winship, Justice Brennan, again writing for the Court, articulated the central due process principle of proof beyond a reason- able doubt in criminal cases. "In Bruton v. United States, the Court applied the Confrontation Clause to defendants who were tried jointly. "An important element in Justice Brennan's jurisprudence was his belief that remedial avenues must be available to ensure that constitu- tional protections can be enforced. For example, in Baker v. Carr, Jus- tice Brennan wrote for the Court, holding that claims of malapportion- ment in State legislatures were justiciable. "In Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, Justice Brennan set forth for the Court the principles per- mitting implication of a cause of action directly under the Constitution. "In Monell v. Department of Social Services, Justice Brennan wrote an opinion for the Court opening the door to damage actions under 42 U. S. C. 1983 against municipal bodies for constitutional violations. "Of course, the Court has not always accepted Justice Brennan's views and, especially in his later years on the Court, he found himself frequently in dissent. In light of the numerous areas of which Justice Brennan's work proved seminal in the development of the law in the 20th Century, the fact that the Court has not always agreed with his views should come as no surprise, but it can be safely said that, as the Court continues to address new problems in these areas, it will con- tinue to confront the challenges presented by Justice Brennan. "Justice Brennan's judicial philosophy was based on the need for con- stant vigilance to apply the principles of human liberty embodied in the Bill of Rights and the Fourteenth Amendment to ever new arrange- ments and new institutions. His vision of the Constitution as embody-

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830 FRIDAY, MAY 22, 1998 ing a fundamental charter of human liberty will endure and will con- tinue to be reflected in this Court's jurisprudence." "Mr. Chief Justice, on behalf of the lawyers of this Nation and, in particular, of the Bar of this Court, I respectfully request that the Resolutions presented to you in honor and celebration of the memory of Justice William J. Brennan, Jr., be accepted by the Court, and that they, together with the chronicle of these proceedings, be ordered kept for all time in the records of this Court." The Chief Justice said: "Thank you, Attorney General Reno, thank you, General Waxman, for your presentations today in memory of our late colleague and friend, William J. Brennan. "We also extend to Chairman Burt Neuborne and the members of the Committee on Resolutions, Chairman Daniel Rezneck and members of the Arrangements Committee, Judge Abner Mikva, chairman of to- day's meeting of the Bar, our appreciation for the Resolutions you have read today. "Your motion that they be made part of the permanent record of the Court is hereby granted. "Bill Brennan's service on this Court and his contributions to Ameri- can law are an imposing achievement. He took the oath of office as a Justice of this Court on October 16, 1956, at the age of 50. After fulfill- ing his responsibilities under three Chief Justices and alongside 19 As- sociate Justices, he retired on July 20, 1990, at the age of 84. "His period of service, just a couple of months short of 34 years, is one that has been exceeded by only five other Justices in the 208-year history of this Court's existence, but Justice Brennan's profound influ- ence on American law can't be measured simply by counting the num- ber of years he sat in one of the chairs behind this bench. "An accurate assessment can only be made after one has studied many of the 1,000-plus opinions he authored during his long career, many of them landmark decisions by this Court. His majority opinions alone number well over 400. These opinions, filling thousands of pages of this Court's official reports, demonstrate Justice Brennan's scholarly expertise, as well as his keen reasoning abilities. "In Baker v. Carr, for example, which the Resolutions comment on, he wrote the opinion that for the first time subjected the apportion- ment of State legislatures to the requirements of the Fourteenth Amendment's Equal Protection Clause. "Before this decision, controversies regarding the radically unequal voting districts that existed at the time came to the Supreme Court

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FRIDAY, MAY 22, 1998 831 under what is called the Republican Guarantee Clause. The Supreme Court had declined to decide such cases because the Guarantee Clause lacked judicially manageable standards which courts could utilize in cases brought before them. "Malapportionment of State legislatures therefore had been consid- ered political questions outside the Federal judiciary's jurisdiction and, while the Federal courts thus declined to address the problem, State legislatures were also unwilling to act, because those who benefited from the existing electoral system were the ones who were making the law. "Justice Brennan cut this Gordian knot by shifting the issue of the constitutionality of malapportionment from the Guarantee Clause to the Equal Protection Clause. His opinion in Baker v. Carr took the first step in the direction of the now well-accepted practice and principle of one person, one vote, and in so doing changed the nature of American politics forever. "Justice Brennan's opinion for the Court in New York Times v. Sulli- van, also commented on in the Resolutions, has a stature in our consti- tutional history equal to that of Baker v. Carr, and as the Resolutions indicate, prior to the Sullivan decision, slander and libel law were left to the States, with few constitutional restrictions. These rules stifled criticism of public officials, and the result was a less-informed public. "The Court in Sullivan, relying on freedom of speech and on what Justice Brennan called our profound national commitment to the princi- ple that debate on public issues should be uninhibited, robust, and wide open, sharply changed these traditional rules of libel law. The Court's opinion held that any public official who was a plaintiff in a libel case had to prove that the statements in question were defamatory, false, and made with actual malice. "These developments in libel law altered the rules of the game of American politics, and speech, as a matter of fact, making American public officials more accountable, the American media more watchful, and the American people better informed. "I've mentioned just two opinions that Justice Brennan authored that have a special place in our Nation's history. There are others that have been mentioned in the Resolution, and I'm sure still others that have not been mentioned by anyone today, because there were so many of his opinions that played an important role in the development of our law.

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832 FRIDAY, MAY 22, 1998 "There are dozens of other significant opinions he wrote for the Court, and yet the great body of law for which he was responsible may be only but half of the contribution he made to this Court. "Those of us who had the pleasure of serving with Bill Brennan know what a wonderful human being he was, combining a friendly spirit with a highly analytical mind dedicated to justice. Blessed with such attributes, Justice Brennan was a force for civility and good relation- ship among his colleagues. "During some periods in the Court's history, differences on constitu- tional questions have affected personal relationships among the Jus- tices and complicated the work of the Court. In contrast, Justice Bren- nan was a unifying influence on the bench, often guiding the Court to a majority or unanimous opinion. "And when the divisions on the Court on constitutional issues were too deep and broad to be bridged, Justice Brennan never allowed such disagreements to affect the way he treated his colleagues. Warm- hearted, polite, courteous, Bill Brennan inspired these same qualities in his colleagues, even those who disagreed with him. "His career exemplifies the happy truth that a judge need not be a prima donna to have a lasting influence on our country's laws. He will have a high place in the annals of this Court and in its jurisprudence."

Adjourned until Tuesday, May 26, 1998, at 10 o'clock.

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(JOURNAL) TUESDAY, MAY 26, 1998 833 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Kennedy, Justice Souter, and Justice Ginsburg. The Chief Justice said: "Today's orders of the Court have been certified by The Chief Jus- tice, filed with the Clerk, and will not be announced orally."

Orders in Pending Cases No. M73. Wendell Regan Moore, Petitioner v. Al C. Parke, Superin- tendent, Indiana State Prison. Motion to direct the Clerk to file a peti- tion for writ of certiorari out-of-time denied. No. M75. Keljer King, Petitioner v. Hilton C. Bryant, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M74. James Henry Hampton, Petitioner v. Missouri. Motion for leave to proceed in forma pauperis without an affidavit of indigency executed by petitioner denied. No. 97826. AT&T Corp., et al., Petitioners v. Iowa Utilities Board, et al.; and AT&T Corp., et al., Petitioners v. California, et al.; No. 97829. MCI Telecommunications Corporation, Petitioner v. Iowa Utilities Board, et al.; and MCI Telecommunications Corporation, Petitioner v. California, et al.; No. 97830. Association for Local Telecommunications Services, et al., Petitioners v. Iowa Utilities Board, et al.; No. 97831. Federal Communications Commission and United States, Petitioners v. Iowa Utilities Board, et al.; and Federal Commu- nications Commission and United States, Petitioners v. California, et al.;No. 971075. Ameritech Corporation, et al., Petitioners v. Federal Communications Commission, et al.; No. 971087. GTE Midwest Incorporated, Petitioner v. Federal Com- munications Commission, et al.; No. 971099. U S West, Inc., Petitioner v. Federal Communications Commission, et al.; and No. 971141. Southern New England Telephone Company, et al., Petitioners v. Federal Communications Commission, et al. Motion of Local Exchange Carriers regarding oral argument granted. Two hours are allotted for oral argument; the first hour is limited to the jurisdic-

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834 TUESDAY, MAY 26, 1998 tional issue, and the second hour is limited to the non-jurisdictional issues. Divided argument is granted with respect to the jurisdictional issue to be divided as follows: 30 minutes-petitioners/cross- respondents; 15 minutes-State respondents/cross-petitioners; 15 min- utes-private respondents/cross-petitioners. Motion of respondent Cal- ifornia for divided argument and for additional time for oral argument denied. Justice O'Connor took no part in the consideration or decision of these motions. No. 978325. In Re John Paul Turner, Petitioner. Motion of peti- tioner for reconsideration of order denying leave to proceed in forma pauperis denied.

Certiorari Granted

No. 971472. Michael A. Haddle, Petitioner v. Jeanette G. Garrison, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit granted.

Certiorari Denied

No. 971322. Sharon Hoffman, et al., Petitioners v. James B. Hunt, Jr., Governor of North Carolina, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 971336. Owen Charles, Petitioner v. Marilyn Charles. Petition for writ of certiorari to the Supreme Court of Connecticut denied. No. 971340. United Automobile, Aerospace & Agricultural Imple- ment Workers of America, AFL-CIO, CLC, Petitioner v. Performance Friction Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 971344. Manuel Burgo, Jr., Petitioner v. General Dynamics Cor- poration; and No. 971582. General Dynamics Corporation, Petitioner v. Manuel Burgo, Jr. Petitions for writs of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 971354. Wanderlon Ann Barnes, Petitioner v. Arthur Levitt, Jr., Chairman, Securities and Exchange Commission. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Cir- cuit denied. No. 971371. David Duffy, Petitioner v. Charles R. Wolle, Harold D. Vietor, and Ronald E. Longstaff. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

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TUESDAY, MAY 26, 1998 835 No. 971453. Charles H. Kuiper, Sr., et ux., and Charles A. Kuiper, Jr., dba Charles H. Kuiper & Son Farms, Petitioners v. American Cya- namid Company. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 971557. Sharon Marie Plain, Petitioner v. Sears Roebuck and Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 971566. Beverly Deteresa, Petitioner v. American Broadcasting Companies, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971568. Robert Clynes, et ux., etc., Petitioners v. Ft. Zumwalt School District, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 971570. Commissioner of Revenue of Massachusetts, Petitioner v. National Private Truck Council, Inc. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied. No. 971573. Elisabeth H. and Catherine H., Petitioners v. Connecti- cut Department of Children and Families, et al. Petition for writ of certiorari to the Supreme Court of Connecticut denied. No. 971574. Contaminated Soil Consultants, Inc., Petitioner v. Jo- seph Smith & Sons, Incorporated. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 971586. Vicki G. Hufnagel, Petitioner v. Medical Board of Cali- fornia. Petition for writ of certiorari to the Court of Appeal of Califor- nia, Second Appellate District, denied. No. 971587. Nancy Kimball Krippene, Individually, and as Execu- trix of the Estate of Urban M. Krippene, Deceased, Petitioner v. Board of Commissioners of Chatham County, Georgia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 971589. Ernst & Young, Petitioner v. Commissioner of Insur- ance of Michigan. Petition for writ of certiorari to the Court of Appeals of Michigan denied. No. 971592. Colerain Hills Investment Co., Petitioner v. Board of Revision of Hamilton County, et al. Petition for writ of certiorari to the Court of Appeals of Ohio, Hamilton County, denied. No. 971599. La Quetta M. Golden, Petitioner v. City of Gulfport, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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836 TUESDAY, MAY 26, 1998 No. 971600. Monika F. Bayer, Petitioner v. Stanford University School of Medicine/Medical Center, et al. Petition for writ of certiorari to the Court of Appeal of California, Sixth Appellate District, denied. No. 971609. Francis Osei-Afriyie, Petitioner v. Grace Ampofoh. Pe- tition for writ of certiorari to the Supreme Court of Delaware denied. No. 971615. Jackie Lou Propst, Individually and as Representative of the Estate of Elva Mae Chambers, Deceased, Petitioner v. Roy Kingry, et al. Petition for writ of certiorari to the Court of Appeals of Texas, Twelfth District, denied. No. 971619. Ira Gangopadhyay, Petitioner v. Nirmal K. Gangopadh- yay. Petition for writ of certiorari to the Circuit Court of West Virginia, Raleigh County, denied. No. 971621. Elinor Halpern, Petitioner v. Bristol Board of Educa- tion. Petition for writ of certiorari to the Supreme Court of Connecti- cut denied. No. 971624. Samuel Timothy McGraw, Petitioner v. Carol Marie McCoy Booth. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971640. James A. Hinchliffe and Yong Sun Hinchliffe, Petition- ers v. Prudential Home Mortgage Company, Inc. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadelphia Office, denied. No. 971643. Eugene Phillips, et al., Petitioners v. City of Harvey, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. No. 971665. Gabe Kaimowitz, Petitioner v. City of Orlando. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 971696. Sanford J. Berger, et al., Petitioners v. Andrew Cuomo, Secretary of Housing and Urban Development, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Cir- cuit denied. No. 971699. Travellers International AG, Petitioner v. Trans World Airlines, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 971711. Alfonza Darnell, Petitioner v. First Federal of Ala- bama, et al. Petition for writ of certiorari to the Court of Civil Appeals of Alabama denied.

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TUESDAY, MAY 26, 1998 837 No. 971712. In Re Mary Anne O'Regan, Petitioner. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 971715. Denise Bevard, Petitioner v. Farmers Insurance Ex- change. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971725. Member Services Life Insurance Company, dba Mem- ber Service Administrators, etc., Petitioner v. American National Bank & Trust Company of Sapulpa, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 971726. Lonny L. Criffield, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Armed Forces denied. No. 971729. Burton C. Titus, et al., Petitioners v. Michael Guzzey. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Third Judicial Department, denied. No. 971753. Augustin Sanchez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 971770. Longinus Yen, Petitioner v. National Labor Relations Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 977320. Tyrone A. Thompson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 977948. Chorya A. Staton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977997. Lennox Smith-Stewart, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978016. Jonathan Wayne Nobles, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978026. Jesus Ledesma Aguilar, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

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838 TUESDAY, MAY 26, 1998 No. 978341. Kenneth E. Williams, Petitioner v. Michael W. Moore, Director, South Carolina Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978345. Billy Ray Robertson, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. No. 978355. Ulysses Jackson, Jr., Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied. No. 978357. John Dolenc, Petitioner v. Raymond J. Sobina, Superin- tendent, State Correctional Institution at Somerset, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 978358. Earnest A. Darden, Petitioner v. Alameda County Net- work of Mental Health Clients, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978367. Richard O. Gooden, Jr., Petitioner v. Faulkner County Sheriff's Department, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 978371. Ramy Riad Hozaifeh, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Fourteenth Dis- trict, denied. No. 978373. Jorge M. Herrera, Petitioner v. Frank Keating, Gover- nor of Oklahoma, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 978375. Kerry Garlick, Petitioner v. James H. Gomez, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 978380. William W. Roche, Petitioner v. Montana. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978387. Boris Clewis, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Fourteenth District, denied. No. 978398. Gabriel A. Maalouf, Petitioner v. Berkeley Bunker, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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TUESDAY, MAY 26, 1998 839 No. 978402. Pearl Bernard, Petitioner v. New York City Health and Hospital Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 978405. Manuel Rodriguez Delgadillo, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. No. 978409. Mark Stephen Wilson, Petitioner v. Belinda Stewart, Superintendent, McNeil Island Corrections Center. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978410. Antonneo R. Boyce, Petitioner v. Grant Woods, Attor- ney General of Arizona. Petition for writ of certiorari to the Supreme Court of Arizona denied. No. 978411. John Thomas Bagley, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978420. Kenneth B. Quarterman, Petitioner v. Alan S. Quarter- man. Petition for writ of certiorari to the Supreme Court of Georgia denied. No. 978426. Ralph Jackson, Jr., Petitioner v. Walter Ray. Petition for writ of certiorari to the Supreme Court of Georgia denied. No. 978428. David Ide, Petitioner v. Joseph D. Lehman, Secretary, Washington Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978429. Danny A. Moran, Petitioner v. Helen Marie Moran, aka Helen Marie Braun, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978431. Joe Donald Mangrum, Petitioner v. Heilig-Meyers Fur- niture Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 978434. Andrew Grant DeYoung, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. No. 978452. Allen Lee Davis, Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied.

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840 TUESDAY, MAY 26, 1998 No. 978456. Charles D. Hughes, Petitioner v. Carl Anderson, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 978457. Tina Golden DeWoody Walton, Petitioner v. Juanita Waltman Joslin, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 978463. David L. Burgess, II, Petitioner v. South Carolina. Pe- tition for writ of certiorari to the Supreme Court of South Carolina denied. No. 978482. Jean Alex Clermont, Petitioner v. Maryland. Petition for writ of certiorari to the Court of Appeals of Maryland denied. No. 978485. Olugbenga O. Osunlana, Petitioner v. Immigration and Naturalization Service. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978552. Cletus O. Ashiegbu, Petitioner v. James Siddens. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 978554. Sawdatu Parker, Petitioner v. Immigration and Natu- ralization Service. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978565. Glenn Franklin Anderson, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, First District, denied. No. 978576. Oliver Giola West, Jr., Petitioner v. John Keane, Super- intendent, Sing Sing Correctional Facility, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Cir- cuit denied. No. 978577. Michael L. Brown, Petitioner v. Metro-North Com- muter Railroad. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 978579. Abdul Lateef, Petitioner v. Virginia Parole Board. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978637. Albert Ruiz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 978647. Jerry Dale Hill, Petitioner v. North Carolina. Petition for writ of certiorari to the Supreme Court of North Carolina denied.

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TUESDAY, MAY 26, 1998 841 No. 978652. Edward E. Allen, Petitioner v. Oregon. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978659. Jeffrey John McQuown, Petitioner v. Safeway, Incorpo- rated. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 978665. Ulises Rosado, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 978692. Jeffrey John McQuown, Petitioner v. Safeway, Incorpo- rated. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 978693. Joann A. Parker, Petitioner v. United States; and No. 978766. Ralph Parker, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978711. Madeline Rawles, Petitioner v. Alexander Herzog, et al. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. No. 978713. Russell Bradley Marks, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 978722. Eduardo Pineiro, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 978723. Walter Berry, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 978728. Tracy Alan Baker, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 978732. James Michael Phillips, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978746. Larry R. Linney, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

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842 TUESDAY, MAY 26, 1998 No. 978750. Norman Harrington Wilson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978761. Edwin Cecil Turner, Jr., Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 978764. Bobby J. Buckley, Petitioner v. Robert G. Borg, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 978773. John Ruotolo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 978777. Michael Norwood, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 978779. Preston Mays, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978783. Sean Anderson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 978784. Luis Carbarcas-A, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978786. Joseph Wrubel, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 978788. Derrin A. Perkins, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 978789. Robert M. Levine, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 978791. John H. Plath, Petitioner v. Michael W. Moore, Director, South Carolina Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Cir- cuit denied. No. 978796. Allan Y. Davis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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TUESDAY, MAY 26, 1998 843 No. 978797. Luis R. Garcia, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 978798. Jack Rodger Duncan, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978807. Reginald Wayne Jones, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978808. Lester DeWayne Langley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978814. Robert Thomas Jenkins, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 978815. Gregory Kent Wallace, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 978825. Gabriel Marin-Castaneda, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 978826. Abdul Karem Lugman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978827. Robert Claiborne, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978831. Donald Fuentes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978832. Jose Juan Gutierrez-Alba, aka Oscar Cardona-Elias, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978833. Timothy Fajemirokun, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978835. Vernon Harper, Petitioner v. Thomas R. Corcoran, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

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844 TUESDAY, MAY 26, 1998 No. 978838. Israel Carter, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 978844. Jose Alberto Munoz, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 978849. Micah Lee Shepherd, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 971408. Florida, Petitioner v. Ricardo Gonzalez. Motion of re- spondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 971569. Arthur Calderon, Warden, Petitioner v. Robert Mau- rice Bloom. Motion of respondent for leave to proceed in forma pau- peris granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971562. Cornelia Whitner, Petitioner v. South Carolina; and Melissa Ann Crawley, Petitioner v. South Carolina. Motion of National Association of Alcoholism & Drug Abuse Counselors, et al., for leave to file a brief as amici curiae granted. Petition for writ of certiorari to the Supreme Court of South Carolina denied. No. 971579. Zenith/Kremer Waste Systems, Inc., and United Waste Systems, Inc., Petitioners v. Western Lake Superior Sanitary District. Motion of Waste Management of Minnesota, Inc., for leave to file a brief as amicus curiae granted. Motion of National Solid Wastes Manage- ment Association for leave to file a brief as amicus curiae granted. Motion of BFI Waste Systems of North America, Inc., for leave to file a brief as amicus curiae granted. Petition for writ of certiorari to the Supreme Court of Minnesota denied. No. 971749. Bharesh D. Dedhia, Petitioner v. United States. Appli- cation for stay addressed to Justice Kennedy and referred to the Court denied. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

Habeas Corpus Denied

No. 978862. In Re George J. Bouie, Petitioner; No. 978886. In Re Larry Lynn Robinson, Petitioner; and No. 978931. In Re Richard C. Bell, Petitioner. Petitions for writs of habeas corpus denied.

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TUESDAY, MAY 26, 1998 845 Rehearings Denied No. 976954. Andrew J. Johnson, Petitioner v. Nicholas G. Kalokathis; No. 977474. Charles L. Novosad, Jr., Petitioner v. New Mexico Board of Pharmacy, et al.; No. 977493. Florence A. Hall, Petitioner v. Shelby County Govern- ment, et al.; No. 977512. In Re Jerry Lee Alston, Jr., Petitioner; No. 977611. In Re Bradley Follett, Petitioner; No. 977675. Douglas W. Thompson, Petitioner v. Jeremiah W. Nixon, Attorney General of Missouri, et al.; No. 977877. David Loomus Cargill, Petitioner v. Tony Turpin, Warden; No. 977896. Bro Messiah Ali-Bey, Petitioner v. Department of Jus- tice, et al.; No. 977901. Doris R. Murray, Petitioner v. University of Maryland Medical Systems; No. 977968. Sydney Cooper, Petitioner v. K. W. Prunty, Warden, et al.; No. 978130. Jeffrey John McQuown, Petitioner v. Safeway, Incorporated; No. 978185. Janise Lorraine Powell, Petitioner v. Department of the Air Force; and No. 978500. In Re William Flowers, Petitioner. Petitions for re- hearing denied. Attorney Discipline No. D1639. In the Matter of Disbarment of Gary Farrell. Motion to renew motion to vacate denied. Recess Order The Court will take a recess from Tuesday, May 26, 1998, until Mon- day, June 1, 1998. Admissions to the Bar on Written Motions Applicant City and State Movant John T. Alexander Concord, NH Garry Richard Lane Donna K. Alexander Washington, DC Charles W. Havens, III Luis F. Vega Alicea Kissimmee, FL David Lee Conn

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846 TUESDAY, MAY 26, 1998

Applicant City and State Movant Michael Robert Band Miami Beach, FL Honorable Janet Reno, Attorney General of the United States Mike Bearden Blythevile, AR Oscar Fendler Robert H. Bennink, Jr. Raleigh, NC JoAnne Sanford Kathryn A. Berry Los Altos, CA James Rumble Brian Ware Bevez Lansing, MI David M. Lick Joseph R. Brennan Wall Twp., NJ Richard M. Keil Daniel T. Brier Scranton, PA Morey M. Myers Claronell Hope Brown Washington, DC Frazer Walton, Jr. Hugh O. Butler Houston, TX Louroes Rodriguez Karin M. Byrne Miami, FL Stephen E. Nagin Andrew James Campanelli N. Bellmore, NY Donna Marie Brady Patrick Conner Campbell, Philadelphia, PA Richard Gregory Jr. Phillips Hala Linda Carey Dallas, TX Kent Stanley Hofmeister Carmen David Caruso Chicago, IL Thomas Aquinas Foran Mary Kendall Caudry Los Angeles, CA Francis Breidenbach Daniel S. Ciener Merritt Island, FL Kirk Nathaniel Kirkconnell Michael A. Conley Washington, DC Peter Whitlock Gowdey Richard V. Conza New York, NY John E. Smith E. Terrill Corley Tulsa, OK Jay C. Baker Thomas Franklin Cox St. Petersburg, Don-Paul J. Cox FL John P. Davis Butte, MT Robert C. Brown Michelle T. Delemarre Washington, DC Timothy R. Lord William Andrew Dickhaut Dayton, OH Jon M. Sebaly Aaron G. Durden Dayton, OH Gary James Leppla Carl E. Elofson Fargo, ND Donald C. Holand

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TUESDAY, MAY 26, 1998 847

Applicant City and State Movant

Eric Scott Fillman Harrisburg, PA Daniel R. Schuckers Carl Everett Freman Mobile, AL Michael Jack Harbin Floyd Russell Fullen Shinnston, WV Rocco E. Mazzei Paul Joseph Gaynor Chciago, IL Malcolm M. Gaynor Michael T. Gilbert Denver, CO Robert Evan Youle Karen Rose Glickstein Kansas City, MO W. James Foland Kerry S. Hada Englewood, CO John G. Salmon John Henry Hagar, Jr. Los Angeles, CA Arthur L. Morgan Gary A. Hamblet Los Angeles, CA Francis Breidenbach Ronald Thomas Hill Knoxville, TN Weldon Evan Patterson A. Clifton Hodges Glendale, CA Anthony E. Shafton Mark Frederick Horning Washington, DC Richard Kennon Willard Patricia Ann Hubbard Phoenix, AZ John A. Buttrick David Ronald Jones Houston, TX Randall Benton Wilhite Jennifer L. Jones Albany, NY Leonard A. Mancini John F. Karpousis New York, NY John Joseph Walsh Mark F. Kluger Newark, NJ Deanna M. Beacham Thomas M. Knepper Chicago, IL Raymond E. Stachnik Murray Allan Kohn Boston, MA Elliot M. Weinstein Suzanne A. Littlefield Austell, GA Robert Lee Beard, Jr. Kirk W. Lowry Topeka, KS Jerry Richard Palmer Gary G. Lynch New York, NY Robert B. Fiske, Jr.

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848 TUESDAY, MAY 26, 1998

Applicant City and State Movant

Daryl Manhart Phoenix, AZ Jack Daniel Klausner Lori Lynn Mannicci Bethlehem, PA Thomas J. Maloney John Bernard Marcin Los Angeles, CA John P. A. Marcin Shanda Jenee' McClain Baton Rouge, LA Geneva Landrum Christi R. McCoy Booneville, MS John Booth Farese Tonya Jill McMath Phoenix, AZ Martin Lieberman Ronald Dale Michael Booneville, MS John Booth Farese Daniel M. Mitola Islin, NY Steven Edward Walburn Tina Lou Morin Arlee, MT Donald C. Robinson Lynne Alix Morrison Boston, MA Rudolph F. Pierce Danny H. Mullis Charleston, SC Charles Joseph Baker, III Thomas J. Nitschke Milwaukee, WI Peter A. Cantwell Thomas F. O'Neil, III Baltimore, MD Donald B. Verrilli, Jr. Mary Catherine Pearl Redding, CA Arthur L. Morgan Richard Byron Peddie Boulder, CO Joseph Adams Cope Mark S. Popofsky San Francisco, CA Catherine Griffith Sullivan Brian W. Rhodes Los Angeles, CA Francis Breidenbach Thomas J. Riley Waterford, CT Ralph P. Dupont Todd Ronald Robie Sacramento, CA Ronald Boyd Robie Gabriel Hernandez Robles Ontario, OR Kenneth H. Molberg Frederick Price Rooney Bethlehem, PA Thomas J. Maloney Christopher C. Russell Columbus, OH Alvin J. McKenna John D. Sable Wilton, CT Frank P. Blando James Eugene Hampton, VA Linda Duggan Schliessmann Curtis Stephen Joseph Schuh Cincinnati, OH Arthur Joseph Schuh

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TUESDAY, MAY 26, 1998 849

Applicant City and State Movant Martha A. Shen Los Angeles, CA Harry W. R. Chamberlain, II Harry Ellsworth Siegrist, Austell, GA Robert Lee III Beard, Jr. Norman D. Singleton New Auburn, WI Stephen Jon Meyer Michael D. Sledge New Orleans, LA Jerry Leonard Saporito James Douglas Smiertka Lansing, MI Steven E. Chester M. Keith Smith Mt. Vernon, IL Daniel Martin Kirwan Ricardo H. Soliz Premont, TX Jaime Omar Garza Robert D. Tobin New London, CT Ralph P. Dupont Scott E. Turner Albuquerque, NM Thomas S. Watrous Barbara Malik Weller LaPlace, LA Jules A. Carville, III Stephen Charles Willey Seattle, WA David J. Burman Blaine H. Winship Miami, FL Stephen E. Nagin Daniel Clay Wirtz Natchez, MS Norman Magee Thomas L. Wittmer Gainesville, FL John Radey Eddie Yoon Tacoma, WA Harding Thomas Roe Francine Zepeda Fresno, CA Robert W. Rainwater Opinions

No. 97428. Air Line Pilots Association, Petitioner v. Robert A. Miller, et al. On writ of certiorari to the United States Court of Ap- peals for the District of Columbia Circuit. Judgment affirmed. Opinion by Justice Ginsburg. Dissenting opinion by Justice Breyer, with whom Justice Stevens joins. No. 961337. County of Sacramento, et al., Petitioners v. Teri Lewis and Thomas Lewis, Personal Representatives of the Estate of Philip Lewis, Deceased. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment reversed, and case remanded to the United States Court of Appeals for the Ninth Circuit for further proceedings in conformity with the opinion of this Court. Opinion by

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850 TUESDAY, MAY 26, 1998 Justice Souter. Concurring opinion by The Chief Justice. Concurring opinion by Justice Kennedy, with whom Justice O'Connor joins. Con- curring opinion by Justice Breyer. Opinion by Justice Stevens concur- ring in the judgment. Opinion by Justice Scalia, with whom Justice Thomas joins, concurring in the judgment. No. 120, Original. State of New Jersey, Plaintiff v. State of New York. On Exceptions to the Report of the Special Master. Exception of the State of New Jersey to Part VII of the Special Master's Report sustained; other exceptions of the State of New Jersey and the excep- tions of the State of New York overruled, and case recommitted to the Special Master for preparation of a proposal for a decree consistent with the opinion of this Court. Opinion by Justice Souter. Concurring opinion by Justice Breyer, with whom Justice Ginsburg joins. Dissent- ing opinion by Justice Stevens. Dissenting opinion by Justice Scalia, with whom Justice Thomas joins. No. 961037. Kiowa Tribe of Oklahoma, Petitioner v. Manufacturing Technologies, Inc. On writ of certiorari to the Court of Civil Appeals of Oklahoma, First Division. Judgment reversed, and case remanded to the Court of Civil Appeals of Oklahoma, First Division, for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice Kennedy. Dissenting opinion by Justice Stevens, with whom Justice Thomas and Justice Ginsburg join. No. 97391. Arthur Calderon, Warden, et al., Petitioners v. Troy Ashmus, etc. On writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit. Judgment reversed, and case remanded to the United States Court of Appeals for the Ninth Circuit with instruc- tions that respondent's complaint be dismissed. Opinion by The Chief Justice. Concurring opinion by Justice Breyer, with whom Justice Sou- ter joins.

Admissions to the Bar on Oral Motions Applicant City and State Movant Lewis G. Gordon Coral Gables, FL H. Edward Moore, Jr. Todd Allen Hopson Ocala, FL Everett G. Hopson Dennis L. Johnson Boise, ID Chapman B. Cox Jefferson Jay Shipman Harrisburg, PA F. Lee Shipman Dennis M. Coyne Cleveland, OH James Roger Hagerty

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TUESDAY, MAY 26, 1998 851

Applicant City and State Movant Daran Paul Kiefer Cleveland, OH James Roger Hagerty Ezio Anthony Listati Cleveland, OH James Roger Hagerty David Lubecky Chardon, OH James Roger Hagerty Patrice Munzel Ball-Reed Chicago, IL Michael L. Closen William Bates, Jr. Flossmoor, IL Michael L. Closen Umberto S. Davi Western Springs, Michael L. Closen IL Tina Louise Garrett Chicago, IL Michael L. Closen Stephen Michael Hanas Washington, DC Michael L. Closen Dona S. Lowrimore Woodstock, IL Michael L. Closen Thomas Michael Stewart Oak Park, IL Michael L. Closen Michael P. Marsalese Bloomfield Hills, Michael L. Closen MI David Reed Clayson Las Vegas, NV Michael L. Closen Steven Lynn Day Las Vegas, NV Michael L. Closen H. Stan Johnson Las Vegas, NV Michael L. Closen Lisa Anne Brackelmanns Los Angeles, CA Honorable Seth P. Waxman, Solicitor General of the United States Michelle A. Gluck Rockville, MD Honorable Seth P. Waxman, Solicitor General of the United States Charles Earl Rumbaugh Los Angeles, CA Honorable Seth P. Waxman, Solicitor General of the United States Robert Murphy Wilder Los Angeles, CA Honorable Seth P. Waxman, Solicitor General of the United States

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852 TUESDAY, MAY 26, 1998

Applicant City and State Movant Jessica Catherine Washington, DC Honorable Seth P. Abrahams Waxman, Solicitor General of the United States Philip Clarke Baten Washington, DC Honorable Seth P. Waxman, Solicitor General of the United States David F. Dowd Washington, DC Honorable Seth P. Waxman, Solicitor General of the United States Sheryl Lynn Floyd Washington, DC Honorable Seth P. Waxman, Solicitor General of the United States Judith Kathleen Hines Vienna, VA Honorable Seth P. Waxman, Solicitor General of the United States Neal Elliot Kravitz Washington, DC Honorable Seth P. Waxman, Solicitor General of the United States Douglas Earl McLaren Washington, DC Honorable Seth P. Waxman, Solicitor General of the United States Tamara L. Miller Alexandria, VA Honorable Seth P. Waxman, Solicitor General of the United States

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TUESDAY, MAY 26, 1998 853

Applicant City and State Movant Lonnie Ray Nail, Jr. Washington, DC Honorable Seth P. Waxman, Solicitor General of the United States Lorie J. Nierenberg Washington, DC Honorable Seth P. Waxman, Solicitor General of the United States Robert Leon Oswald Washington, DC Honorable Seth P. Waxman, Solicitor General of the United States Mark Curtis Raby Washington, DC Honorable Seth P. Waxman, Solicitor General of the United States John Warshawsky Bethesda, MD Honorable Seth P. Waxman, Solicitor General of the United States Angela Fay Williams Washington, DC Honorable Seth P. Waxman, Solicitor General of the United States Kathryn Morrell Woodruff Washington, DC Honorable Seth P. Waxman, Solicitor General of the United States Ian Michael Berkowitz Fort Lauderdale, Honorable Seth P. FL Waxman, Solicitor General of the United States

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854 TUESDAY, MAY 26, 1998

Applicant City and State Movant Steven Edwin Butler Washington, DC Honorable Seth P. Waxman, Solicitor General of the United States Daniel Reed Unumb Washington, DC Honorable Seth P. Waxman, Solicitor General of the United States Nancy Virginia Alquist Kennebunk, ME Honorable Seth P. Waxman, Solicitor General of the United States Danielle L.C. Beach-Oswald Washington, DC Honorable Seth P. Waxman, Solicitor General of the United States Janice Faith Caramanica Alexandria, VA Honorable Seth P. Waxman, Solicitor General of the United States C. Paul Champion, III Upper Marlboro, Honorable Seth P. MD Waxman, Solicitor General of the United States A. David Demiray Baltimore, MD Honorable Seth P. Waxman, Solicitor General of the United States Carol Benjamin Epstein Chevy Chase, MD Honorable Seth P. Waxman, Solicitor General of the United States

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TUESDAY, MAY 26, 1998 855

Applicant City and State Movant Kenneth F. Goodman Ellicott City, MD Honorable Seth P. Waxman, Solicitor General of the United States Keith Edwardo Haynes Baltimore, MD Honorable Seth P. Waxman, Solicitor General of the United States Monty Scott Jacobs Baltimore, MD Honorable Seth P. Waxman, Solicitor General of the United States Robert J. Kasunic Darnestown, MD Honorable Seth P. Waxman, Solicitor General of the United States Tara Isa Koslov Arlington, VA Honorable Seth P. Waxman, Solicitor General of the United States Adam Christopher Linn Mount Airy, MD Honorable Seth P. Waxman, Solicitor General of the United States Edward Hutchinson Baltimore, MD Honorable Seth P. Robbins, Jr. Waxman, Solicitor General of the United States Jason Frederick Trumpbour Sparks, MD Honorable Seth P. Waxman, Solicitor General of the United States

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856 TUESDAY, MAY 26, 1998

Applicant City and State Movant Gail Ann Randall Arlington, VA Honorable Seth P. Waxman, Solicitor General of the United States Edward Miller Washington, DC Honorable Seth P. Waxman, Solicitor General of the United States Louisa A. Smith Washington, DC Honorable Seth P. Waxman, Solicitor General of the United States Martin Joseph Hindel Washington, DC Honorable Seth P. Waxman, Solicitor General of the United States Leslie Virginia Batchelor Oklahoma City, Honorable Seth P. OK Waxman, Solicitor General of the United States Gay Elizabeth Kang Washington, DC Honorable Seth P. Waxman, Solicitor General of the United States Mitchell J. Matorin Washington, DC Honorable Seth P. Waxman, Solicitor General of the United States Lorri Lee Shealy Washington, DC Honorable Seth P. Waxman, Solicitor General of the United States

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TUESDAY, MAY 26, 1998 857

Applicant City and State Movant

Maurice Joseph Kurland El Paso, TX Honorable Seth P. Waxman, Solicitor General of the United States Tony Ray Roberts Dale City, VA Honorable Seth P. Waxman, Solicitor General of the United States Brian David Black Fairfax, VA Honorable Seth P. Waxman, Solicitor General of the United States James Robert Creekmore Roanoke, VA Honorable Seth P. Waxman, Solicitor General of the United States Thomas Matthew Diggs Williamsburg, VA Honorable Seth P. Waxman, Solicitor General of the United States John Cadwallader Jones, Jr. New Kent, VA Honorable Seth P. Waxman, Solicitor General of the United States Jeri Kaylene Somers Arlington, VA Honorable Seth P. Waxman, Solicitor General of the United States Randy Kane Jones San Diego, CA Barbara R. Arnwine Andrea Kemp Floyd Denver, CO Barbara R. Arnwine

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858 TUESDAY, MAY 26, 1998

Applicant City and State Movant Robie Antoinette Beatty Washington, DC Barbara R. Arnwine Cheryl Elizabeth Swangin Pittsburgh, PA Barbara R. Boone Arnwine Sonya Denise Hoskins Dallas, TX Barbara R. Arnwine Traci Williams Jones Dallas, TX Barbara R. Arnwine Royce West Dallas, TX Barbara R. Arnwine

Adjourned until Monday, June 1, 1998, at 10 o'clock.

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(JOURNAL) MONDAY, JUNE 1, 1998 859 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer. The Chief Justice said: "Today's orders of the Court have been certified by The Chief Jus- tice, filed with the Clerk, and will not be announced orally."

Certiorari-Summary Disposition No. 961721. Citizen Potawatomi Nation, Petitioner v. C&L Enter- prises, Inc. On petition for writ of certiorari to the Court of Civil Ap- peals of Oklahoma, Second Division. Petition for writ of certiorari granted. Judgment vacated, and case remanded to the Court of Civil Appeals of Oklahoma, Second Division, for further consideration in light of Kiowa Tribe of Oklahoma v. Manufacturing Technologies, Inc., 523 U. S. (1998). No. 97216. Kiowa Tribe of Oklahoma, Petitioner v. Aircraft Equip- ment Company, et al. On petition for writ of certiorari to the Supreme Court of Oklahoma. Petition for writ of certiorari granted. Judgment vacated, and the case remanded to the Supreme Court of Oklahoma for further consideration in light of Kiowa Tribe of Oklahoma v. Manufac- turing Technologies, Inc., 523 U. S. (1998).

Orders In Pending Cases No. M76. Yehanna Joan M. M. Malone, Petitioner v. District of Co- lumbia Board of Elections. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M77. William Lawrence Crosby, Petitioner v. Arvel F. Shreves, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. 978597. Jean Marie Mostek Pruett Martinez, Petitioner v. Fed- eral Bureau of Investigation, et al. Motion of petitioner for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner is allowed June 22, 1998, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court. No. 978981. In Re Jerry Montgomery, Petitioner. Motion of peti- tioner for leave to proceed in forma pauperis denied. See Rule 39.8.

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860 MONDAY, JUNE 1, 1998 Petitioner is allowed until June 22, 1998, within which to pay the dock- eting fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.

Certiorari Granted No. 971184. National Federation of Federal Employees, Local 1309, Petitioner v. Department of Interior, et al.; and No. 971243. Federal Labor Relations Authority, Petitioner v. De- partment of Interior, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Fourth Circuit granted. Cases consolidated and a total of one hour allotted for oral argument. No. 971252. Janet Reno, Attorney General, et al., Petitioners v. American-Arab Anti-Discrimination Committee, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Cir- cuit granted limited to the following question: "Whether, in light of the Illegal Immigration Reform and Immigrant Responsibility Act, the courts below had jurisdiction to entertain respondents' challenge to the deportation proceedings prior to the entry of a final order of deportation?" Certiorari Denied No. 961962. Sylvia Cohen, Petitioner v. Little Six, Inc., dba Mystic Lake Casino. Petition for writ of certiorari to the Supreme Court of Minnesota denied. No. 97664. Joseph Settles and Ioane Tua, Petitioners v. Michael Penilla, Administrator of the Estate of Juan Penilla, Deceased. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971388. Eddie Mays, et al., Petitioners v. City of East St. Louis, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. No. 971402. University Health Services, Inc., Petitioner v. Donna E. Shalala, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 971407. Thomas L. Falkenberry, Petitioner v. Joyce K. Taylor. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 971454. Anchorage Education Association, et al., Petitioners v. Rebecca L. Patterson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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MONDAY, JUNE 1, 1998 861 No. 971462. Douglas E. Yeo, Individually and on Behalf of His Chil- dren and as Chairman of the Lexington Parents Information Network, Petitioner v. Town of Lexington, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 971497. Ken Mizuno and Dominic Gentile, Petitioners v. Duke Salisbury, Chapter 11 Trustee. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971560. Raytheon Aerospace, Inc., and Wayne Leese, Petition- ers v. Kimberly Ann Greenwell. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971594. Maurits L. DePrins, Petitioner v. Willy Van Damme, et al. Petition for writ of certiorari to the Court of Appeals of Texas, Twelfth District, denied. No. 971604. Knights of the Ku Klux Klan and David A. Neumann, Petitioners v. Mayor of Lansing and City of Lansing. Petition for writ of certiorari to the Court of Appeals of Michigan denied. No. 971626. Robert D. Cunningham, Jr., Petitioner v. Carmen R. Nazario, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 971627. Sharlet Belton Collins, Petitioner v. City of Hazlehurst. Petition for writ of certiorari to the Supreme Court of Mississippi denied. No. 971645. Gerald D. Bush, Peititioner v. Zeeland Board of Educa- tion, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971647. Dennis Lee Kucera, Petitioner v. United Nebraska Bank. Petition for writ of certiorari to the Court of Appeals of Ne- braska denied. No. 971662. Paul Clark, Petitioner v. Roy Anderson Corporation, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. No. 971663. Lonnie E. Willoughby, Jr., Petitioner v. Alan B. Fields, Jr., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 971687. Spyridon Armenis, Petitioner v. Albert Cramer. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 971689. Amy Blackburn, Individually and as Personal Repre- sentative of the Estate of Baby Boy Doe, Deceased, Petitioner v. Blue

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862 MONDAY, JUNE 1, 1998 Mountain Women's Clinic, et al. Petition for writ of certiorari to the Supreme Court of Montana denied. No. 971691. Jeremaine Perry, Petitioner v. Missouri. Petition for writ of certiorari to the Court of Appeals of Missouri, Southern Dis- trict, denied. No. 971694. Home Savings of America, Petitioner v. Marcella T. Maynard. Petition for writ of certiorari to the Court of Appeal of Cali- fornia, Second Appellate District, denied. No. 971720. Harry Michael Bower, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Third District, denied. No. 971737. Charles A. Hoovler, et al., Petitioners v. Indiana, et al. Petition for writ of certiorari to the Court of Appeals of Indiana, Sec- ond District, denied. No. 971758. Dale Eugene Carlson, Petitioner v. Nebraska State Bank; and Dale Eugene Carlson, Petitioner v. Nebraska State Bank. Petition for writ of certiorari to the Court of Appeals of Nebraska denied. No. 975623. John Marvin Booth, Wesley Eugene Baker, Kenneth Lloyd Collins, Tyrone Delano Gilliam, Jr., and Steven Howard Oken, Petitioners v. Maryland, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977275. Jose Guadalupe Sanchez-Zubia, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 977630. Gerald Miller, Petitioner v. United States; and No. 978083. Wilfredo Arroyo, Ronald Tucker, Roy Hale, Waverly Coleman, Harry Hunt, Shannon Jimenez, Raymond Robinson, and David Robinson, Petitioners v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Second Cir- cuit denied. No. 977644. Jermaine Lavonne Chase, Patrick Earl Francis, and Carroll Eugene Dodson, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977772. Luis A. Padilla-Pena, Petitioner v. United States; and No. 977790. Ana Rosa Padilla-Pena, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

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MONDAY, JUNE 1, 1998 863 No. 978025. Keith B. Canaan, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied. No. 978096. Robert Cloutier, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 978142. Justin Call, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 978453. Besty Owens, Petitioner v. Arizona, et al. Petition for writ of certiorari to the Supreme Court of Arizona denied. No. 978461. Robert W. Orlick, Petitioner v. Jon S. Katz. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 978464. Lawrence S. Bittaker, Petitioner v. Arthur Calderon, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978465. William Cooper, Petitioner v. Dora B. Schriro, Director, Missouri Department of Corrections, et al. Petition for writ of certio- rari to the Supreme Court of Missouri denied. No. 978466. Timothy Lee Graves, Petitioner v. Michael Carr. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 978468. Kosher McGrew, Petitioner v. John F. Whitaker, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978473. Joseph M. Wasko, Petitioner v. William Duncan, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 978476. Dennis Sobin, Petitioner v. Fairfax County Department of Human Development. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 978479. Bruce Lee Cannon, Petitioner v. Meg Savage, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 978480. Anthony Brown, Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections. Petition for writ of cer- tiorari to the Supreme Court of Florida denied. No. 978486. Jimmy Lee Walton, Petitioner v. James Bartlett, Act- ing Superintendent, Oregon State Correctional Institution. Petition for

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864 MONDAY, JUNE 1, 1998 writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978489. Gary Slezak, Petitioner v. Michael W. Moore, Director, South Carolina Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Cir- cuit denied. No. 978495. Gerald F. Warren, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978507. Ramon Xavier Evans, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978509. Brian Dale DuBuc, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. No. 978511. Allen S. Bryant, Petitioner v. Hubert J. Speckard, Superintendent, Groveland Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Cir- cuit denied. No. 978518. Susan Huffman, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Sixth Appellate District, denied. No. 978520. Richard Frejomil, Petitioner v. Glenn S. Goord, Com- missioner, New York Department of Correctional Services, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 978527. Calvin Walker, Petitioner v. Jim Thomas, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978533. Michael H. Nowik, Petitioner v. North Dakota, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 978534. Steve Tataii, Petitioner v. Benjamin J. Cayetano. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978540. Wayne Lee Bates, Petitioner v. Tennessee. Petition for writ of certiorari to the Court of Criminal Appeals of Tennessee, Mid- dle Division, denied.

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MONDAY, JUNE 1, 1998 865 No. 978547. Stephen T. Haley, Petitioner v. Lester L. Ferguson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 978556. Roy Bowen, Petitioner v. David Gundy, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 978561. David Tal-Mason, Petitioner v. Trisha Redd, et al. Peti- tion for writ of certiorari to the District Court of Appeal of Florida, First District, denied. No. 978562. Laura Darne, Petitioner v. Sara Juntunen. Petition for writ of certiorari to the Supreme Court of Wisconsin denied. No. 978573. Kenneth N. Thompson, Petitioner v. Frank X. Hopkins, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 978574. Wojciech Marian Turkowski, Petitioner v. William J. Clinton, President of the United States, et al. Petition for writ of cer- tiorari to the United States Court of Appeals for the District of Colum- bia Circuit denied. No. 978602. Derek Kimble, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied. No. 978611. Pearly L. Wilson, Petitioner v. Janis Lane, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 978624. William F. Depree, Petitioner v. Library of Congress, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the District of Columbia Circuit denied. No. 978627. Gary A. Cale, Petitioner v. State Retirement and Pen- sion System of Maryland. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied. No. 978648. Leslie A. Strachan, Petitioner v. Herbert R. Tillery, Commandant. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 978666. Bernadette A. Ricketts, Petitioner v. Department of the Air Force. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 978673. William A. Wegner, Petitioner v. Wilma Lewis, Inspec- tor General of the Interior. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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866 MONDAY, JUNE 1, 1998 No. 978675. Beverly Eggena, Petitioner v. Social Security Adminis- tration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978676. McKinley Darden, Petitioner v. John H. Dalton, Secre- tary of the Navy. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 978688. Jeffrey S. Mitchell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 978698. Hermogena Ignacio, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 978700. Phillip D. Jacobs, Petitioner v. John M. Morgan, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 978702. Steve J. Longariello, Petitioner v. School Board of Dade County, Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 978706. Elizabeth Gammon Brown, Petitioner v. Arkansas. Pe- tition for writ of certiorari to the Supreme Court of Arkansas denied. No. 978752. Louis Alan Williams, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fourth Ap- pellate District, denied. No. 978753. Samantha Kennedy, Petitioner v. Paramount Pictures Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978770. Darrell J. Parks, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 978781. Vincent Cimino, Petitioner v. Ronald Zuk, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 978785. Robert Turner, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 978793. Phildosha's Umar Aljami, Petitioner v. Kentucky. Peti- tion for writ of certiorari to the Court of Appeals of Kentucky denied.

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MONDAY, JUNE 1, 1998 867 No. 978795. William Lumas Griffin, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978799. Jerry Dean Godfrey, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 978810. Jo Blackburn Karasek, Petitioner v. City of Dayton. Petition for writ of certiorari to the Court of Appeals of Ohio, Mont- gomery County, denied. No. 978824. Brenda Kuku, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 978841. Richard F. Swain, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978842. Thomas McCabe, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978845. Vance E. Barnes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 978847. James Douglas Pickering, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978848. Tarletha Diane Reed, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978850. Latoria Byas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 978854. Devon Walker, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 978858. Fidel Luna-Madellaga, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978860. Leonard Louis Capaldi, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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868 MONDAY, JUNE 1, 1998 No. 978863. Michael Burns, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978867. Clinton Lee Daniels, aka Dijon Daytwon Davis, Peti- tioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978870. Oscar Humberto Gonzalez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978878. Chris McClellan, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 978879. Michael Sindram, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978882. William Knupp, II, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Fourth District, denied. No. 978885. John Henry Scott, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 978892. Manuel Gonzalez-Gonzalez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 978893. Perry Joseph Gilmartin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978905. Donald Houser, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978908. Javier Gonzalez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 978909. Omar Yusuf DesAnges, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978911. Michael Easter, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

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MONDAY, JUNE 1, 1998 869 No. 978916. Diego Victoria, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 978917. Steven Brown, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 978921. Jennifer K. Atkins, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978973. Vito D'Amico, Petitioner v. City of New York, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 961215. Jill Gavle, Petitioner v. Little Six, Inc., dba Mystic Lake Casino, et al. Motion of Tribal Accountability Legal Rights Fund, Inc., for leave to file a brief as amicus curiae granted. Petition for writ of certiorari to the Supreme Court of Minnesota denied. No. 971606. Thomas A. Fulcomer, Warden, Petitioner v. Roderick Herman Frey. Motion of respondent for leave to proceed in forma pau- peris granted. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 978467. G. S. Hassan, Petitioner v. AT&T Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition.

Habeas Corpus Denied

No. 971787. In Re Michael Green, Petitioner. Petition for writ of habeas corpus denied.

Mandamus Denied

No. 978247. In Re Vincent F. Rivera, Petitioner; and No. 978525. In Re Alvin Washington, Petitioner. Petitions for writs of mandamus denied.

Prohibition Denied

No. 978522. In Re Vincent F. Rivera, Petitioner. Petition for writ of prohibition denied.

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870 MONDAY, JUNE 1, 1998 Rehearings Denied

No. 971285. Charles Shephard, Petitioner v. Provident Life & Acci- dent Insurance Company; No. 971358. Farnaz Hadji-Elias, et al., Petitioners v. Los Angeles County Superior Court, (Hassan Shahbaz, et al., Real Parties in Interest); No. 971360. Charles Shephard, Petitioner v. Pomona Fairplex, et al.;No. 977884. Andrew Valdez, Myrna Valdez, and Brenda Leota Val- dez, Petitioners v. Lucky Fonoimoana, et al.; and No. 978090. Harvey Dale Angel, Petitioner v. Texas. Petitions for rehearing denied.

Attorney Discipline

No. D1922. In the Matter of Disbarment of Stanley Z. Goldflam. Disbarment order entered. No. D1924. In the Matter of Disbarment of James Paul Montague. Disbarment order entered. No. D1925. In the Matter of Disbarment of Arthur Theodore Hin- din. Disbarment order entered. No. D1926. In the Matter of Disbarment of Chloe J. Wellons. Dis- barment order entered. No. D1927. In the Matter of Disbarment of W. Roy Mays, III. Dis- barment order entered. No. D1928. In the Matter of Disbarment of Michael R. Gottlieb. Disbarment order entered. No. D1934. In the Matter of Disbarment of Gerald A. Sadler. Fur- ther consideration of the response to Rule to Show Cause deferred. No. D1935. In the Matter of L. Obioma Aham-Neze. L. Obioma Aham-Neze, of Houston, Texas, having requested to resign as a mem- ber of the Bar of this Court, it is ordered that his name be stricken from the roll of attorneys admitted to the practice of law before this Court. The Rule to Show Cause, issued on April 20, 1998, is discharged. No. D1955. In the Matter of Disbarment of David Howerton Bow- den. David Howerton Bowden, of Winston-Salem, North Carolina, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

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MONDAY, JUNE 1, 1998 871 No. D1956. In the Matter of Disbarment of Lloyd Mitchell Bleecker. Lloyd Mitchell Bleecker, of New York, New York, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1957. In the Matter of Disbarment of Ronald G. Maurice. Ronald G. Maurice, of Marlow Heights, Maryland, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1958. In the Matter of Disbarment of Jerome Berg. Jerome Berg, of San Francisco, California, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1959. In the Matter of Disbarment of Paul J. Warkow. Paul J. Warkow, of Bellmore, New York, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1960. In the Matter of Disbarment of Michael Charles Meisler. Michael Charles Meisler, of Deerfield Beach, Florida, is suspended from the practice of law in this Court and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

Recess Order

The Court will take a recess from Monday, June 1, 1998, until Mon- day, June 8, 1998.

Admissions to the Bar on Written Motions Applicant City and State Movant Sari M. Alamuddin Chicago, IL Charles Clark Jackson Motonori Araki Osaka, Japan Edward Dean Cavanagh Randall D. Armentrout Cedar Rapids, IA Kevin J. Visser Jonathan F. Ball Philadelphia, PA Richard Bruce Morrison

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872 MONDAY, JUNE 1, 1998

Applicant City and State Movant R. Bruce Barze, Jr. Birmingham, AL Michael L. Edwards Julia Hayward Biggs Redlands, CA Rufus Calhoun Young, Jr. Charla Hopkins Bradshaw Denton, TX David Michael Gregory Robert LeRoy Briggs Tulsa, OK Steven A. Novick Alan H. Bucholtz Denver, CO James C. Bull John Brister Burns Jackson, TN Hewitt P. Tomlin, Jr. John Harvey Cameron Jasper, TN Howard Graham Swafford, Jr. Thomas Lee Cantrell Dallas, TX Jerry Robin Selinger Mark B. Cohen Philadelphia, PA David Cohen Richard Coughlin Camden, NJ Chester Michael Keller Lance Barrow Davis St. Joseph, MO Jeremiah Wilson Nixon Denise W. DeFranco Boston, MA John R. Baraniak, Jr. John William Emry, Jr. Franklin, IN Kenneth J. Falk Patrick J. Flor Sparta, NJ Bruce L. Atkins Jeffrey A. Friedman North Potomac, William D. Peltz MD Robert B. Gilbreath Dallas, TX Byron Lee Falk William Allan Graham Deland, FL James Adney Crocker, Jr. Joseph B. Guilbeau Metairie, LA James O. Dukes Patrick J. Gullufsen Juneau, AK James L. Baldwin Vincent L. Hazen Austin, TX Frank W. Calhoun George Thomas Holmes Jackson, MS Chris N. K. Ganner Eric Alan Kuhl Washington, DC Stephen L. Urbanczyk Howard Albert Kwon Washington, DC Donald Robert Dunner David Craig Lee Knoxville, TN Sidney Wythe Gilreath

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MONDAY, JUNE 1, 1998 873

Applicant City and State Movant Craig S. Lerner Washington, DC Kenneth Winston Starr Larry A. Matthews Pensacola, FL Frank C. Bozeman, III J. Wilson Mitchell Florence, AL Michael Craig Ehrlich Adele E. O'Conner Columbus, OH Alvin James McKenna Joseph Owen Pellington Dade City, FL Joel Rodman Epperson Thomas J. Piskorski Chicago, IL Charles Clark Jackson Regina Coeli Reardon Philadelphia, PA Warren J. Kauffman Mark L. Sabey Denver, CO Melvin B. Sabey Kristin Sacco Smith St. Clairsville, OH John J. Pizzuti Mark A. Smith El Segundo, CA John F. Barg Stephen Samuel Spindler Kendallville, IN Robert C. Probst Gerald I. H. Street Dover, DE Judge Randy J. Holland Henry Tang New York, NY Richard S. Clark Christian A. Trabold Erie, PA James K. Vogel Michael O. Whitmire Houston, TX Steven Robert Baughman Ronald David Wilkinson Tulsa, OK James O. Goodwin

Opinions

No. 961590. Federal Elections Commission, Petitioner v. James E. Akins, Richard Curtiss, Paul Findley, Robert J. Hanks, Andrew Killg- ore, and Orin Parker. On writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit. Judgment vacated, and case remanded to the United States Court of Appeals for the District of Columbia Circuit for further proceedings in conformity with the opinion of this Court. Opinion by Justice Breyer. Dissenting opinion by Justice Scalia, with whom Justice O'Connor and Justice Thomas join. No. 97643. United States, Petitioner v. Vickie S. Cabrales. On writ of certiorari to the United States Court of Appeals for the Eighth Circuit. Judgment affirmed. Opinion by Justice Ginsburg.

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874 MONDAY, JUNE 1, 1998 Admissions to the Bar on Oral Motions Applicant City and State Movant G. Kenneth O'Mhuan Whidbey Island, Francis John WA Lorson Daniel M. Lizzul Yonkers, NY David Allen Anderson Lawrence Thomas Schiro Bedford, NY David Allen Anderson Juleigh Sitton Morganton, NC Judge Claude S. Sitton Janie Allison Sitton Washington, DC Judge Claude S. Sitton Valerie K. Aronoff Pittsfield, MA Thurgood Marshall, Jr. John Robert Cowie, Jr. Adams, MA Thurgood Marshall, Jr. John B. DeRosa North Adams, MA Thurgood Marshall, Jr. Veronica Jacobson Fenton Lenox, MA Thurgood Marshall, Jr. Patrick C. Gable Pittsfield, MA Thurgood Marshall, Jr. Miriam Maduro Goodman Pittsfield, MA Thurgood Marshall, Jr. Bradley Keith Gordon Pittsfield, MA Thurgood Marshall, Jr. Bruce D. Grinnell Williamstown, MA Thurgood Marshall, Jr. Elizabeth Dara Gross Great Barrington, Thurgood MA Marshall, Jr. Samuel P. Haupt Peru, MA Thurgood Marshall, Jr. James R. Loughman Adams, MA Thurgood Marshall, Jr. Susan Elizabeth Lyman Pittsfield, MA Thurgood Marshall, Jr. Glynis Mac Veety Pittsfield, MA Thurgood Marshall, Jr. Michael E. MacDonald Pittsfield, MA Thurgood Marshall, Jr. Michael J. McCarthy Pittsfield, MA Thurgood Marshall, Jr.

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MONDAY, JUNE 1, 1998 875

Applicant City and State Movant Edward G. McCormick Great Barrington, Thurgood MA Marshall, Jr. David B. Mongue Windsor, MA Thurgood Marshall, Jr. David W. Murphy, Jr. Pittsfield, MA Thurgood Marshall, Jr. Jan Patrick Myskowski North Adams, MA Thurgood Marshall, Jr. Stanley Emilio Parese Williamstown, MA Thurgood Marshall, Jr. Joseph Antonio Pieropan Pittsfield, MA Thurgood Marshall, Jr. Laura H. Rotenberg Pittsfield, MA Thurgood Marshall, Jr. Lois Sanders Rustia Pittsfield, MA Thurgood Marshall, Jr. Susan M. Smith Great Barrington, Thurgood MA Marshall, Jr. Gretchen Hillary Swanz Pittsfield, MA Thurgood Marshall, Jr. Dorene Elizabeth Robotti Rocky Hill, CT Honorable Seth P. Waxman, Solicitor General of the United States Marcia Yvonne Morristown, NJ Honorable Seth P. Allen-Phillips Waxman, Solicitor General of the United States Gerald V. Benyo Pittsburgh, PA Honorable Seth P. Waxman, Solicitor General of the United States Daniel K. Bricmont Avalon, PA Honorable Seth P. Waxman, Solicitor General of the United States

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876 MONDAY, JUNE 1, 1998

Applicant City and State Movant Vanessa Sarah Pittsburgh, PA Honorable Seth P. Browne-Barbour Waxman, Solicitor General of the United States Donald Robert Calaiaro Pittsburgh, PA Honorable Seth P. Waxman, Solicitor General of the United States Robert E. Dapper, Jr. Pittsburgh, PA Honorable Seth P. Waxman, Solicitor General of the United States Victoria Lynn DeFrank Pittsburgh, PA Honorable Seth P. Waxman, Solicitor General of the United States Linda Anna Dominguez Baltimore, MD Honorable Seth P. Waxman, Solicitor General of the United States Richard C. Gaffney, Jr. Carlisle, PA Honorable Seth P. Waxman, Solicitor General of the United States Sherry Lynn Halfhill Pittsburgh, PA Honorable Seth P. Waxman, Solicitor General of the United States Daniel Brian Hargrove Pittsburgh, PA Honorable Seth P. Waxman, Solicitor General of the United States

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MONDAY, JUNE 1, 1998 877

Applicant City and State Movant Jonathan William Kunkel Harrisburg, PA Honorable Seth P. Waxman, Solicitor General of the United States Joseph Max Lewis Beaver Falls, PA Honorable Seth P. Waxman, Solicitor General of the United States Helen M. Lynch Pittsburgh, PA Honorable Seth P. Waxman, Solicitor General of the United States Timothy J. Mains Gaithersburg, MD Honorable Seth P. Waxman, Solicitor General of the United States Dennis Michael Makel Washington, PA Honorable Seth P. Waxman, Solicitor General of the United States Matthew F. Marshall Pittsburgh, PA Honorable Seth P. Waxman, Solicitor General of the United States Arthur F. McNulty Harrisburg, PA Honorable Seth P. Waxman, Solicitor General of the United States Melanie B. Pallone Oakmont, PA Honorable Seth P. Waxman, Solicitor General of the United States

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878 MONDAY, JUNE 1, 1998

Applicant City and State Movant Joseph William Skalniak Pittsburgh, PA Honorable Seth P. Waxman, Solicitor General of the United States Robert W. Waeger Harrisburg, PA Honorable Seth P. Waxman, Solicitor General of the United States Ted G. Yoakam Slickville, PA Honorable Seth P. Waxman, Solicitor General of the United States Eric J. Young Hollidaysburg, PA Honorable Seth P. Waxman, Solicitor General of the United States Charlene Anne Zeleznock Pittsburgh, PA Honorable Seth P. Waxman, Solicitor General of the United States

Adjourned until Monday, June 8, 1998, at 10 o'clock.

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(JOURNAL) WEDNESDAY, JUNE 3, 1998 879 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Certiorari Denied No. 979336. Douglas Edward Gretzler, Petitioner v. Arizona. Appli- cation for stay of execution of sentence of death presented to Justice O'Connor and by her referred to the Court denied. Petition for writ of certiorari to the Supreme Court of Arizona denied. Justice Stevens and Justice Breyer would grant the application for stay of execution.

Certiorari Denied No. 979362. Douglas Edward Gretzler, Petitioner v. Terry Stewart, Director, Arizona Department of Correction, et al. Application for stay of execution of sentence of death presented to Justice O'Connor and by her referred to the Court denied. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. Justice Thomas took no part in the consideration of decision of this application and this petition.

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(JOURNAL) THURSDAY, JUNE 4, 1998 881 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Certiorari Denied No. 971924. United States, Petitioner v. William Jefferson Clinton, President of the United States, and Office of the President. Motion of the Independent Counsel for leave to file an unredacted petition and appendix under seal granted. Motion of counsel for President Clinton for leave to file under seal an unredacted brief in opposition granted. Motion for an expedited response to the petition and for an expedited briefing and argument schedule denied. Motion by the Solicitor Gen- eral, on behalf of the United States acting through the Attorney Gen- eral, for access to sealed portions of the record denied. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit before judgment denied without prejudice. It is as- sumed that the Court of Appeals will proceed expeditiously to decide this case. No. 971942. United States, Petitioner v. Robert E. Rubin, Secretary of the Treasury, et al. Motion of the Independent Counsel for leave to file an unredacted petition and appendix under seal granted. Leave granted the Solicitor General to file an unredacted response under seal to the petition. Motion for an expedited response and for an expedited briefing and argument schedule denied. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit before judgment denied without prejudice. It is assumed that the Court of Appeals will proceed expeditiously to decide this case.

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(JOURNAL) MONDAY, JUNE 8, 1998 883 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer. The Chief Justice said: "Today's orders of the Court have been certified by The Chief Jus- tice, filed with the Clerk, and will not be announced orally."

Opinion Per Curiam No. 971217. New Mexico, ex rel. Manuel Ortiz, Petitioner v. Timo- thy Reed. On petition for writ of certiorari to the Supreme Court of New Mexico. Petition for writ of certiorari granted, judgment re- versed, and case remanded to the Supreme Court of New Mexico for further proceedings not inconsistent with the opinion of this Court. Opinion per curiam.

Orders in Pending Cases No. A823. In Re James L. Martin, Applicant. Application for stay addressed to Justice Stevens and referred to the Court denied. No. A869. In Re James L. Martin, Applicant. Application for stay addressed to Justice Ginsburg and referred to the Court denied. No. M78. Paul R. Doyle, Petitioner v. Denis Dillon, District Attor- ney, Nassau County. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M79. Scott L. Panetti, Petitioner v. Texas. Motion for leave to proceed in forma pauperis without an affidavit of indigency executed by petitioner granted. No. 971418. Bank of America National Trust and Savings Associa- tion, Petitioner v. 203 North LaSalle Street Partnership. Motion of respondent to dismiss the writ of certiorari as improvidently granted denied. No. 971833. Carol Bialczak, et al., Petitioners v. Richard Barnett, et al. Application for stay addressed to Justice Kennedy and referred to the Court denied. No. 978805. Hendrick W. Haynes, Petitioner v. United States. Mo- tion of petitioner for leave to proceed in forma pauperis denied. Peti- tioner allowed until June 29, 1998, within which to pay the docketing

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884 MONDAY, JUNE 8, 1998 fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court. No. 979005. Emily Burge, Petitioner v. Colorado, et al. Application for stay addressed to Justice Ginsburg and referred to the Court denied.

Certiorari Granted No. 971337. Minnesota, et al., Petitioners v. Mille Lacs Band of Chippewa Indians, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit granted. No. 9753. Jane M. Roberts, Guardian for Wanda Y. Johnson, Peti- tioner v. Galen of Virginia, Inc., formerly dba Humana Hospital- University of Louisville, dba University of Louisville Hospital. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit granted limited to Question 1 presented by the petition. No. 971139. United States, Petitioner v. Jacinto Rodriguez-Moreno. Motion of respondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit granted. No. 971620. James M. Seif, Secretary, Pennsylvania Department of Environmental Protection, et al., Petitioners v. Chester Residents Concerned For Quality Living, et al. Motion of Washington Legal Foundation for leave to file a brief as amicus curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit granted.

Certiorari Denied No. 971469. CSX Transportation, Inc., Petitioner v. Kenneth Mc- Daniel. Petition for writ of certiorari to the Supreme Court of Tennes- see, Middle Division, denied. No. 971477. Robert Long, et ux., Individually and as Parents and Next Friends of Minor Daniel Long, et al., Petitioners v. Alachua County School Board, et al. Petition for writ of certiorari to the Dis- trict Court of Appeal of Florida, First District, denied. No. 971532. LaRue T. Camp and Lori Winkler, fka Lori Webb, Peti- tioners v. Sandra D. Riley. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 971564. Thriftway Marketing Corporation, et al., Petitioners v. David DeVaney. Petition for writ of certiorari to the Supreme Court of New Mexico denied.

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MONDAY, JUNE 8, 1998 885 No. 971616. Painters Local Union No. 109 Pension Fund, et al., Petitioners v. Smith Barney, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 971631. Carolyn Joyce Windham, Petitioner v. City of Lowell, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied. No. 971634. Larry Evans, Petitioner v. Nevada Department of Motor Vehicles and Public Safety. Petition for writ of certiorari to the Supreme Court of Nevada denied. No. 971651. Mescal Blanchard Brown, Petitioner v. Ford Motor Company. Petition for writ of certiorari to the Court of Appeal of Loui- siana, First Circuit, denied. No. 971661. Teamsters Brewery & Soft Drink Workers Local Union 896, International Brotherhood of Teamsters, AFL-CIO, Petitioner v. Anheuser-Busch, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971667. James E. Powell, et al., Petitioners v. Florida, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 971681. Lyon Metal Products, Inc., Petitioner v. California Board of Equalization. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied. No. 971682. Veronica T. Davis, Petitioner v. Baptist Memorial Hos- pital System, dba Baptist Medical Center Hospital. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971746. Kevin Irby, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 971752. Missourians For Tax Justice Education Project, Inc., et al., Petitioners v. Bob Holden, Missouri State Treasurer, et al. Petition for writ of certiorari to the Supreme Court of Missouri denied. No. 971769. Jerry Pecaro, Petitioner v. New Jersey Council on Af- fordable Housing. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 971794. Harv L. Jeppsen, Petitioner v. Commissioner of Inter- nal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

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886 MONDAY, JUNE 8, 1998 No. 971809. Donald A. DiMartini, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971813. Lewis G. Ashton, Petitioner v. Grievance Committee for the Second and Eleventh Judicial Districts of New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied. No. 971815. Bud Cash, Jr., Petitioner v. Tennessee. Petition for writ of certiorari to the Court of Criminal Appeals of Tennessee, Eastern Division, denied. No. 977368. Clarence L. McClain, Petitioner v. J. J. Clark, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 977724. Cameron Todd Willingham, Petitioner v. Texas. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 977754. Ross Allen Doherty, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 978160. Gerald Armond Gallego, Petitioner v. Eldon McDaniel, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978176. Benjamin Carr, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 978189. Michael D. Williams, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 978390. Tonia B., Petitioner v. City of New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied. No. 978559. Troy Michael Kell, Petitioner v. Sherman Hatcher, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978563. Peter Markland, Petitioner v. Willie Floyd, Superin- tendent, Dade Correctional Institution and Work Camp. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

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MONDAY, JUNE 8, 1998 887 No. 978564. Rene Marquez, Petitioner v. Florida Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 978570. Dennis R. Cookish, Petitioner v. New Hampshire. Peti- tion for writ of certiorari to the Superior Court of New Hampshire, Merrimack County, denied. No. 978571. Fred H. Adelman, Petitioner v. Colonial Park Apart- ments. Petition for writ of certiorari to the Superior Court of Pennsyl- vania, Philadelphia Office, denied. No. 978572. Richard M. Father, Petitioner v. Boeing Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978604. Paul W. Tunnicliff, Petitioner v. Denis Moriarty, Jr. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 978605. Jose I. Adames, Petitioner v. Elizabeth Batista, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 978606. Steven Wayne Johnson, Petitioner v. Karen Doe and Dennis Doe; and Steven Wayne Johnson, Petitioner v. Karen Doe and Dennis Doe; and No. 978607. Jill Hayden Johnson, Petitioner v. Karen Doe and Den- nis Doe. Petitions for writs of certiorari to the Appellate Division, Su- preme Court of New York, Fourth Judicial Department, denied. No. 978616. William D. Peterson, Petitioner v. Michael D. Zimmer- man, Chief Justice, Supreme Court of Utah, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 978619. William Morrill Gilday, Jr., Petitioner v. Larry E. Du- Bois, Commissioner, Massachusetts Department of Correction, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 978625. Sarah Jean Anderson, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied. No. 978631. Brad Bennett, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Fourth Judicial Department, denied.

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888 MONDAY, JUNE 8, 1998 No. 978649. Wilda Crow Merkobrad, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978655. Steve Richardson, Petitioner v. Turtle Wax, Inc. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 978668. John A. Pikitus, Petitioner v. Shenandoah Borough Council. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 978669. J. C., Sr., Petitioner v. Iowa. Petition for writ of certio- rari to the Court of Appeals of Iowa denied. No. 978696. Otis Rudd, Petitioner v. Carolyn Hanley, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978707. Arthur Charles Brincat, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, Third Appellate District, denied. No. 978709. Bobby Blackmon, Petitioner v. David Poindexter, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 978718. Cory Dean Luman, Petitioner v. Donald Dorsey, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied. No. 978801. Wayne H. Eisenhauer, Petitioner v. Massachusetts Bar Counsel. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied. No. 978818. Richard Delbert Blair, Petitioner v. Frank Thompson, Superintendent, Oregon State Penitentiary. Petition for writ of certio- rari to the United States Court of Appeals for the Ninth Circuit denied. No. 978822. Luis Valenzuela Rodriguez, Petitioner v. Charles D. Marshall, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978846. Drew M. Pizzo, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. No. 978856. Melvin Leroy Tyler, Petitioner v. Michael Bowersox, Superintendent, Potosi Correctional Center. Petition for writ of certio- rari to the United States Court of Appeals for the Eighth Circuit denied.

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MONDAY, JUNE 8, 1998 889 No. 978869. Alphonso Davis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978881. Denver W. Mitchell, Jr., Petitioner v. Larry Norris, Director, Arkansas Department of Correction. Petition for writ of cer- tiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 978891. Sheffel Dismuke, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 978894. Norman Fludd, Petitioner v. David Miller, Superin- tendent, Eastern New York Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Cir- cuit denied. No. 978899. Jeffrey A. Blais, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 978907. Reuben E. DeLoach, Petitioner v. General Dynamics Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978912. Lindsey K. Springer, Petitioner v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 978924. Carlos Alberto Lopez-Murcia, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978926. Daniel William Siddall, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978929. Martha West Greer, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978945. Allan L. Gant, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978955. Damion Nelson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

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890 MONDAY, JUNE 8, 1998 No. 978956. Troy Dell Kirby, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 978957. Luis Alberto Castro-Nino, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978958. Wesley Roper, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 978959. Tyrone Lee, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978969. Benjamin A. Smith, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 978970. Kevin L. Allen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 978971. Richard A. Harakal, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 978972. August Mezzetta, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 978974. Josie Adele Harding, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978982. Billy Mac Thompson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978989. Jonathan Branch, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978991. Ralph Terrell Hawkins, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978994. Eligio Ramirez-Morales, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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MONDAY, JUNE 8, 1998 891 No. 978995. Mario Sorto, Rosa Sorto, Jose Carcamo, Felix Escobar, Andres Martinez, Roberto Sorto, Elias Bermudez, and Nelson Rivera, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978996. James Alton Belflower, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 979001. James Cole, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 979007. Xavier McClinton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 979008. David Keyser, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 979010. Gregory R. Johnson, Petitioner v. Thomas Corcoran, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 979012. Antonius Turner, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 979015. Covialeska Lavert Thomas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979018. Adaryll Willis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 979023. Penny Moore and Zack David Franklin, Jr., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979024. Wesley Joe Crosslin, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979026. Chao Hui Lin, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 979034. Eli Wright, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

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892 MONDAY, JUNE 8, 1998 No. 979035. Theodore C. Tice, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 979040. Nelson Caminero, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979041. Roy C. Bowens, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 979043. Arthur Holt, aka Artie, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 979044. Geramie Gibson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 979045. Jack Honeycutt, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979047. Jeff Elliott, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 979066. Brinston Wilson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 979067. Thomas Mullens, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 979072. Francisco J. Beltran, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 979074. Jaime Jose Cardenas, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971435. Margaret Dong, Petitioner v. Smithsonian Institution, Hirshhorn Museum, and Sculpture Garden. Petition for writ of certio- rari to the United States Court of Appeals for the District of Columbia

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MONDAY, JUNE 8, 1998 893 Circuit denied. The Chief Justice took no part in the consideration or decision of this petition. No. 971632. E. K. McDaniel, Warden, et al., Petitioners v. Gerald Armond Gallego. Motion of respondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971650. Ron Champion, Warden, et al., Petitioners v. David Lee Sack. Motion of respondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 971639. Robert D. Sprague, et al., Petitioners v. General Motors Corporation. Motion of petitioners to suggest that the Court invite the Solicitor General to file a brief presenting the views of the United States denied. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 978951. Lonnie Griffin, Petitioner v. Jeffrey J. Clark, Warden. Petition for a writ of certiorari to the United States Court of Appeals for the Seventh Circuit before judgment denied. No. 979033. Diosdado Rosendo Valdes, Petitioner v. United States. Petition for a writ of certiorari to the United States Court of Appeals for the Eleventh Circuit before judgment denied.

Habeas Corpus Denied No. 971821. In Re Richard Anthony Bourie, Petitioner; No. 979092. In Re Alex Cantu Martinez, Petitioner; and No. 979099. In Re Willie B. Blackmon, Petitioner. Petitions for writs of habeas corpus denied.

Mandamus Denied No. 971705. In Re Robert Lonardo and Restorative Care of America, Inc., Petitioners; No. 978578. In Re John Bradin, Petitioner; No. 978617. In Re Brad Sidles, Petitioner; and No. 978792. In Re Yvonne Cummins, Petitioner. Petitions for writs of mandamus denied. No. 978610. In Re Dwayne Whiteside, Petitioner. Petition for writ of mandamus and/or prohibition denied.

Rehearings Denied No. 976864. Kim Smith, Petitioner v. D. O'Brien, et al.;

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894 MONDAY, JUNE 8, 1998 No. 977384. In Re Earnest A. Darden, Petitioner; No. 977485. Albert Brown, Petitioner v. Florida; No. 977513. Kurby Gerald Decker, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division; No. 977864. Stephen Leon Williams, Petitioner v. Howard Carlton, Warden; No. 977914. Alfredo Carlos Garcia-Rosell, Petitioner v. United States; and No. 978060. Willie E. Enoch, Petitioner v. Illinois. Petitions for re- hearing denied.

Attorney Discipline

No. D1919. In the Matter of Disbarment of Charles Henry White, Sr. Disbarment order entered. No. D1920. In the Matter of Disbarment of Brian Keith Schaner. Disbarment order entered. No. D1921. In the Matter of Disbarment of Robert Kenneth Brown. Disbarment order entered. No. D1930. In the Matter of Disbarment of G. Robert Patterson. Disbarment order entered. No. D1931. In the Matter of Disbarment of Richard C. Southard. Disbarment order entered. No. D1961. In the Matter of Disbarment of Michael Harris Weisser. Michael Harris Weisser, of North Miami Beach, Florida, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1962. In the Matter of Disbarment of Denis Michael Neill. Denis Michael Neill, of Bethesda, Maryland, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

Recess Order

The Court will take a recess from Monday, June 8, 1998, until Mon- day, June 15, 1998.

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MONDAY, JUNE 8, 1998 895 Admissions to the Bar on Written Motions Applicant City and State Movant Michael J. Abernathy Chicago, IL Francis J. Higgins Stephen Bates Washington, DC Kenneth Winston Starr Gilbert Ward Beeson, III Montgomery, AL Paul David Bjurberg Barbara Bennett Washington, DC Stephan E. Lawton Thomas Bigler Denver, CO J. Wallace Wortham, Jr. Sam W. Bostick Marshall, TX Victor R. Blaine Scott C. Bushelli Voorhees, NJ Russell L. Hewit Kenneth Stevenson Houston, TX Brent Craig Cannata Gamble Christopher Evan San Francisco, CA R. Blair Reynolds Chenoweth J. Randall Cook Washington, DC Melanie Haratunian LeAndrea Elizabeth Drum Tampa, FL Nicholas E. Karatinos David Spencer Eisen Chicago, IL Richard M. Bendix, Jr. Michele Paradis Esparza Bryan, TX Jim W. James W. Wright Gammon, Jr. Cedartown, GA Wayne W. Gammon Kurt Calderon Garcia Kenner, LA David S. Fos Marvin S. Gittes New York, NY Stanley Geller Madeline H. Haikala Birmingham, AL Warren Bricken Lightfoot Gregory C. Harvey San Francisco, CA Arthur Winslow Walenta, Jr. John Martel Hyatt Decatur, GA Hardy Gregory, Jr. Monica Jewell Johnson Randallstown, MD Monica Best James Alice Benton Kamerschen Atlanta, GA Barry Edward Morgan Mark Douglas Kimball Bellevue, WA Scott Erik Stafne William H. King, III Birmingham, AL Warren Bricken Lightfoot Kevin William Landberg Lakeville, MN Jerald Lee Hill

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896 MONDAY, JUNE 8, 1998

Applicant City and State Movant Gerald William Laska Cheyenne, WY Bernard P. Haggerty Don C. Lawrence Los Angeles, CA Paul F. Kilmer Laurie Magid Philadelphia, PA Laura E. Little James D. Maxwell Dry Prong, LA David S. Fos John J. McCreesh, IV Upper Darby, PA Guy A. Donatelli Helen Bergman Moure Seattle, WA Fredric C. Tausend Mark S. Mulholland Lindenhurst, NY John Arthur DeMaro Lenore S. Ostrowsky Washington, DC Roger Clegg Orville L. Reed, III Akron, OH Charles E. Pierson Gina Marie Saelinger Cincinnati, OH Frank C. Woodside, III Richard Franklin Seone Los Angeles, CA David Scott Rugendorf Cynthia Kegley Smith Missoula, MT Donald V. Snavely Brian L. Tannebaum Miami, FL Judge Stanford Blake Nadine K. Wettstein Tucson, AZ David S. Baron Jere Field White, Jr. Birmingham, AL Warren Bricken Lightfoot David W. White Overland Park, Louis F. KS Eisenbarth Marc R. Wilkow Chicago, IL Richard M. Bendix, Jr. Alan Wade Wilson Tempe, AZ Mark I. Harrison

Opinions

No. 961654. Frank J. Muscarello, Petitioner v. United States. On writ of certiorari to the United States Court of Appeals for the Fifth Circuit; and No. 968837. Donald E. Cleveland and Enrique Gray-Santana, Peti- tioners v. United States. On writ of certiorari to the United States Court of Appeals for the First Circuit. Judgments affirmed. Opinion by Justice Breyer. Dissenting opinion by Justice Ginsburg, with whom The Chief Justice, Justice Scalia, and Justice Souter join.

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MONDAY, JUNE 8, 1998 897 No. 961693. Frank X. Hopkins, Warden, Petitioner v. Randolph K. Reeves. On writ of certiorari to the United States Court of Appeals for the Eighth Circuit. Judgment reversed, and case remanded to the United States Court of Appeals for the Eight Circuit for further pro- ceedings in conformity with the opinion of this Court. Opinion by Jus- tice Thomas. Dissenting opinion by Justice Stevens. No. 97174. Cass County, Minnesota, et al., Petitioners v. Leech Lake Band of Chippewa Indians. On writ of certiorari to the United States Court of Appeals for the Eighth Circuit. Judgment reversed in part, and case remanded to the United States Court of Appeals for the Eighth Circuit for further proceedings in conformity with the opinion of this Court. Opinion by Justice Thomas. No. 97704. Philomena Dooley, Personal Representative of the Es- tate of Cecelio Chuapoco, et al., Petitioners v. Korean Air Lines Co., Ltd. On writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit. Judgment affirmed. Opinion by Jus- tice Thomas. No. 97689. Bonnie L. Geissal, Beneficiary and Representative of the Estate of James W. Geissal, Deceased, Petitioner v. Moore Medical Corporation, et al. On writ of certiorari to the United States Court of Appeals for the Eighth Circuit. Judgment vacated, and case remanded to the United States Court of Appeals for the Eighth Circuit for fur- ther proceedings in conformity with the opinion of this Court. Opinion by Justice Souter. No. 97454. United States, Petitioner v. Bestfoods, et al. On writ of certiorari to the United States Court of Appeals for the Sixth Circuit. Judgment vacated, and case remanded to the United States Court of Appeals for the Sixth Circuit with instructions to remand to the United States District Court for the Western District of Michigan for further proceedings in conformity with the opinion of this Court. Opinion by Justice Souter. No. 97731. United States, Petitioner v. Chris W. Beggerly, et al. On writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Judgment reversed, and case remanded to the United States Court of Appeals for the Fifth Circuit for further proceedings in con- formity with the opinion of this Court. Opinion by The Chief Justice. Concurring opinion by Justice Stevens, with whom Justice Souter joins.

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898 MONDAY, JUNE 8, 1998 Admissions to the Bar on Oral Motions Applicant City and State Movant

W. Randall Bush Riverdale, NJ Patricia Ellen Koch Jennifer A. Cottell Wood-Ridge, NJ Patricia Ellen Koch Marc Allen Futterweit Wayne, NJ Patricia Ellen Koch Jacques H. Gascoyne Morristown, NJ Patricia Ellen Koch Allen Hantman Denville, NJ Patricia Ellen Koch Jeanne Ann McManus Montville, NJ Patricia Ellen Koch Anthony Stephen Montagna Madison, NJ Patricia Ellen Koch Alexander Joseph Rinaldi Succasunna, NJ Patricia Ellen Koch Gary Dunay Rosenberg Florham park, NJ Patricia Ellen Koch Michael Matthew Butler, NJ Patricia Ellen Rubbinaccio Koch Gregg Douglas Trautmann Denville, NJ Patricia Ellen Koch Larry Ronald Cucovatz Anaheim, CA Robert E. Redding Rosemary K. DeFilippo Woodbridge, CT Robert E. Redding Marilyn Joan Bruno Washington, DC Robert E. Redding Ted Peter Hammel Joliet, IL Robert E. Redding Angela Fogleman Gauthier Baton Rouge, LA Robert E. Redding Danny S. Gauthier Baton Rouge, LA Robert E. Redding Hunter Vann Greene Baton Rouge, LA Robert E. Redding Duane Matthew Dreesen, II Omaha, NE Robert E. Redding

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MONDAY, JUNE 8, 1998 899

Applicant City and State Movant Mark Gregory Bloom Madison, WI Robert E. Redding Carmen Marie Mosier San Diego, CA Robert E. McCormick Redding Christina Anne Wooster, OH Robert E. Rosebrough-Schneider Redding Emmanuel Joseph Gloucester Twp., James Duane Argentieri NJ Hamilton, Jr. Jeffrey Isaac Baron Voorhees, NJ James Duane Hamilton, Jr. Laurence Todd Bennett Cherry Hill, NJ James Duane Hamilton, Jr. Esther Eva Berezofsky Cherry Hill, NJ James Duane Hamilton, Jr. Judith Ann Bielen Mount Laurel, NJ James Duane Hamilton, Jr. Judith Schneeberg Charny Cherry Hill, NJ James Duane Hamilton, Jr. Richard B. Charny Haddonfield, NJ James Duane Hamilton, Jr. Karen L. Eisele Cherry Hill, NJ James Duane Hamilton, Jr. Calvin Leonard Fisher, Jr. Mt. Holly, NJ James Duane Hamilton, Jr. David Anthony Grabowski Cherry Hill, NJ James Duane Hamilton, Jr. Denise L. Grugan Trenton, NJ James Duane Hamilton, Jr. Kevin Charles Heil Woodbury, NJ James Duane Hamilton, Jr. George G. Horiates Pennsauken, NJ James Duane Hamilton, Jr. Mark A. Leonetti Marlton, NJ James Duane Hamilton, Jr. John Joseph Mastronardi Mullica Hill, NJ James Duane Hamilton, Jr. Ellis I. Medoway Haddonfield, NJ James Duane Hamilton, Jr. Matthew K. Mitchell Cherry Hill, NJ James Duane Hamilton, Jr.

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900 MONDAY, JUNE 8, 1998

Applicant City and State Movant Mark Antony Murtha Willow Grove, PA James Duane Hamilton, Jr. Michele A. Naipawer Haddonfield, NJ James Duane Hamilton, Jr. Jeffrey R. Owens Cherry Hill, NJ James Duane Hamilton, Jr. Phillip George Parker Cherry Hill, NJ James Duane Hamilton, Jr. Richard Jay Perr Cherry Hill, NJ James Duane Hamilton, Jr. Barbara Ellen Riefberg Voorhees, NJ James Duane Hamilton, Jr. Charles Peter Sandilos Cherry Hill, NJ James Duane Hamilton, Jr. Joel Richard Spivack Cherry Hill, NJ James Duane Hamilton, Jr. Lisa Roberts Taylor Broomall, PA James Duane Hamilton, Jr. Pina Marie Vricella Cherry Hill, NJ James Duane Hamilton, Jr. Michael Joseph Ward, IV Voorhees, NJ James Duane Hamilton, Jr. Frank V. Ariano Elgin, IL Todd A. Smith Michael Brendan Barrett Palos Heights, IL Todd A. Smith Michael Andrew Berns Urbana, IL Todd A. Smith Rex L. Brown Decatur, IL Todd A. Smith Britt A. Brown Decatur, IL Todd A. Smith Renee Smith Byas Normal, IL Todd A. Smith James Stephen Cowlin Crystal Lake, IL Todd A. Smith Clarence A. Darrow Rock Island, IL Todd A. Smith John Allison Darrow Chicago, IL Todd A. Smith Warren J. Dominick Hickory Hills, IL Todd A. Smith Barbara A. Downs Oak Park, IL Todd A. Smith Robert K. Downs Oak Park, IL Todd A. Smith Patrick Joseph Finley LaGrange, IL Todd A. Smith Bernadette Palos Heights, IL Todd A. Smith Garrison-Barrett Denice A. Gierach Naperville, IL Todd A. Smith

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MONDAY, JUNE 8, 1998 901

Applicant City and State Movant

Jay Roy Giusti Chicago, IL Todd A. Smith Daniel J. Grueninger Belleville, IL Todd A. Smith Charles William Gunnarson Springfield, IL Todd A. Smith Mary Feil Hamilton Wilmette, IL Todd A. Smith Michael J. Hanahan Chicago, IL Todd A. Smith Robert Handley Wayne, IL Todd A. Smith Gregory K. Harris Springfield, IL Todd A. Smith Scott A. Hassebrock Chicago, IL Todd A. Smith Frank E. Hoffman Bloomington, IL Todd A. Smith Matthew William Homann Highland, IL Todd A. Smith Ralph Sam Hoover Chicago, IL Todd A. Smith Robert Samuel Hoover Chicago, IL Todd A. Smith Dorothy A. Hwopek Blooomingdale, IL Todd A. Smith Timothy William Kelly Bloomington, IL Todd A. Smith David Wayne Krula Naperville, IL Todd A. Smith Michael J. Lach Belleville, IL Todd A. Smith Todd D. Lambert Harrisburg, IL Todd A. Smith Robert McElroy Merrionette Park, Todd A. Smith IL Kenneth Moy Hinsdale, IL Todd A. Smith Lynn Ellen Patton Springfield, IL Todd A. Smith Alan Pearlman Northbrook, IL Todd A. Smith William A. Peithmann Farmer City, IL Todd A. Smith Victor Edward Puscas, Jr. Aurora, IL Todd A. Smith Peter Lawrence Rotskoff Springfield, IL Todd A. Smith Steven D. Schneiderman Chicago, IL Todd A. Smith Naomi Hornick Schuster Palos Heights, IL Todd A. Smith Richard Michael Seligman Chicago, IL Todd A. Smith Jennifer Prager Sodaro Chicago, IL Todd A. Smith John Nickless Stevens Bloomington, IL Todd A. Smith Roger Leo Strandlund Moline, IL Todd A. Smith Laurence Albert Swanson Oswego, IL Todd A. Smith Athena T. Taite Chicago, IL Todd A. Smith Susan B. Tatnall Batavia, IL Todd A. Smith John E. Thies Urbana, IL Todd A. Smith Paul D. Van Lysebettens Chicago, IL Todd A. Smith D. Tondelayo Watkins Chicago, IL Todd A. Smith Thaddeus Leonard Wilson Chicago, IL Todd A. Smith

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902 MONDAY, JUNE 8, 1998 Oral Argument No. 971192. Swidler & Berlin and James Hamilton, Petitioners v. United States. Argued by Mr. James Hamilton for the petitioners and by Mr. Brett M. Kavanaugh for the respondent.

Adjourned until Monday, June 15, 1998, at 10 o'clock.

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(JOURNAL) TUESDAY, JUNE 9, 1998 903 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Certiorari Denied No. 979454. David Loomus Cargill, Petitioner v. Tony Turpin, War- den. Application for stay of execution of sentence of death presented to Justice Kennedy and by him referred to the Court denied. Petition for writ of certiorari to the Supreme Court of Georgia denied. Justice Stevens and Justice Breyer would grant the application for stay of execution.

Habeas Corpus Denied No. 979455. In Re David Loomus Cargill, Petitioner. Application for stay of execution of sentence of death presented to Justice Kennedy and by him referred to the Court denied. Petition for writ of habeas corpus denied. Justice Stevens and Justice Breyer would grant the ap- plication for stay of execution.

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(JOURNAL) MONDAY, JUNE 15, 1998 905 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer. The Chief Justice said: "Today's orders of the Court have been certified by The Chief Jus- tice, filed with the Clerk, and will not be announced orally."

Certiorari-Summary Disposition No. 9714. Michigan, et al., Petitioners v. United States, et al. On petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit. Petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Sixth Circuit for further consideration in light of Cass County v. Leech Lake Band of Chippewa Indians, 524 U. S. (1998). No. 97296. Michigan Department of Environmental Quality, Peti- tioner v. Bestfoods, et al.; and No. 97464. Bestfoods, Petitioner v. Aerojet-General Corporation, et al. On petitions for writs of certiorari to the United States Court of Appeals for the Sixth Circuit. Petitions for writs of certiorari granted. Judgment vacated, and cases remanded to the United States Court of Appeals for the Sixth Circuit for further consideration in light of United States v. Bestfoods, 524 U. S. (1998). No. 971163. Richard M. Donahey, et ux., Petitioners v. Seabourn S. Livingstone, et al. On petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit. Petition for writ of cer- tiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Sixth Circuit for further consideration in light of United States v. Bestfoods, 524 U. S. (1998). No. 971209. Lockheed Aeronautical Systems Company, Petitioner v. Stacy C. Gray, et al. On petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit. Petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Eleventh Circuit for further consideration in light of Dooley v. Korean Air Lines Co., Ltd., 524 U. S. (1998). No. 977931. Gary Allan Coleman, Petitioner v. Minnesota. On peti- tion for writ of certiorari to the Court of Appeals of Minnesota. Motion

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906 MONDAY, JUNE 15, 1998 of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari granted. Judgment vacated, and the case re- manded to the Court of Appeals of Minnesota for further consideration in light of Kansas v. Hendricks, 521 U. S. (1997).

Orders In Pending Cases No. M80. Rodney Jason Ahwinona, Petitioner v. Alaska, et al. Mo- tion to direct the Clerk to file a petition for writ of certiorari out-of- time under Rule 14.5. No. 65, Original. Texas, Plaintiff v. New Mexico. Motion of the River Master for fees and expenses granted, and the River Master is awarded a total of $2,445.00 for the period January 1-March 31, 1998, to be paid equally by the parties. No. 961400. California and State Lands Commission, Petitioners v. Deep Sea Research, Inc., et al. Motion of respondent Deep Sea Re- search, Inc., to retax costs denied. No. 971900. Adele Buzzetti, et al., Petitioners v. New York City, et al. Application for stay addressed to Justice Souter and referred to the Court denied. No. 978978. Katherine L. Russell, Petitioner v. VBR. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner is allowed until July 6, 1998, within which to pay the docketing fee re- quired by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.

Certiorari Granted No. 971489. Your Home Visiting Nurse Services, Inc., Petitioner v. Donna E. Shalala, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit granted limited to Questions 1 and 2 presented by the petition. No. 977541. Amanda Mitchell, Petitioner v. United States. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari to the United States Court of Appeals for the Third Circuit granted. Certiorari Denied No. 968874. Jesse Pete Sasser, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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MONDAY, JUNE 15, 1998 907 No. 969142. Randolph K. Reeves, Petitioner v. Frank X. Hopkins, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 97241. Zollo Drum Company, Inc., et al., Petitioners v. B. F. Goodrich Co., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 971515. District Lodge 64, International Association of Machin- ists & Aerospace Workers, etc., et al., Petitioners v. National Labor Relations Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 971553. Avrom R. Vann, et ux., Petitioners v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 971565. Mississippi, Petitioner v. Byron Roderick, Billy Saxton, and Cynthia Saxton. Petition for writ of certiorari to the Supreme Court of Mississippi denied. No. 971608. Pete Wilson, Governor of California, et al., Petitioners v. Cabazon Band of Mission Indians, et al.; and No. 971636. Southern California Off-Track Wagering, Inc., et al., Petitioners v. Cabazon Band of Mission Indians, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971649. Stephen A. Arneson, Petitioner v. Kenneth S. Apfel, Commissioner of Social Security. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 971658. Brian Yinger, Petitioner v. City of Dearborn, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971664. Alexander Bende, Petitioner v. Michael Brogdon. Peti- tion for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. No. 971669. Cassan Enterprises, Inc., et al., Petitioners v. Dollar Systems, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971671. Whitehall Tenants Corp., et al., Petitioners v. White- hall Realty Co., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 971672. Movies, Inc., et al., Petitioners v. Marina M. Kahn, Director, New Orleans Department of Finance. Petition for writ of cer- tiorari to the Civil District Court of Orleans Parish denied.

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908 MONDAY, JUNE 15, 1998 No. 971674. James May, et al., Petitioners v. Shuttle, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 971680. Frank M. Rossetto, et al., Petitioners v. Pabst Brewing Company. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 971684. Michael A. Lebron, Petitioner v. National Railroad Pas- senger Corporation (AMTRAK). Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 971692. Stephen E. Darling, et ux., Petitioners v. Savers Life Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 971698. Brand Management, Inc., et al., Petitioners v. Menard, Inc. Petition for writ of certiorari to the United States Court of Ap- peals for the Federal Circuit denied. No. 971700. Richard K. Pashuck, Petitioner v. John B. Cooksey, Sheriff, County of Salem, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 971701. NationsMart Corporation, et al., Petitioners v. Jack Carlon, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 971703. Shong-Ching Tong, Petitioner v. Jack P. Hunt, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971723. David W. Childress, et al., Petitioners v. City of Rich- mond, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 971741. Joseph Levesque, et ux., Petitioners v. Michael Yama- guchi, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971793. Paul M. Goetz, Petitioner v. Board of Attorneys Profes- sional Responsibility of Wisconsin. Petition for writ of certiorari to the Supreme Court of Wisconsin denied. No. 971803. Harry Clinton Miller, III, Petitioner v. Department of the Air Force. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 971805. Martin R. Stacy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

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MONDAY, JUNE 15, 1998 909 No. 971811. Lucille Christie Blakley and the Blakley Trust, Peti- tioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971814. William H. Seals, aka Puddin, aka William Brooks, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 971823. Walter Raymond Saile, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 971826. Isabel Biddle, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 975076. Derrick Law, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 975347. Joseph Lee Bonner, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 975882. Honofre J. O. Chargualaf, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 976069. Jose Rivero-Cabanas, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 976319. William Pyle, et ux., Petitioners v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 976823. Dwayn L. Grant, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 976853. Ernest Young, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 976969. Ruben Reyes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 977002. Thomas A. White, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

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910 MONDAY, JUNE 15, 1998 No. 977171. Michael McDonald, Petitioner v. United States; and No. 977173. Vanstine Anthony Davis, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 977179. Gregory Shelby, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 977571. Nathaniel Phillips, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 977811. Willie Lee Dixon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 977976. Tristan Wolff, aka Ashley Gabriel Caine, aka Stanley James Osman, Petitioner v. United States. Petition for writ of certio- rari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 978188. Jerzy Wronka, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978446. Jason Oric Williams, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. No. 978608. Kenneth P. Keller, Petitioner v. Oklahoma. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 978630. Luis Sanchez, Petitioner v. Joe Sprunk, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 978632. Randall James Robinson, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 978633. William Donohue, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadel- phia Office, denied. No. 978635. Donald G. Hogan, Petitioner v. Stephen W. Kaiser. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 978639. Osvaldo Almeida, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth District, denied.

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MONDAY, JUNE 15, 1998 911 No. 978642. Douglas M. Jackson, Sr., Petitioner v. Florida Depart- ment of Corrections, et al. Petition for writ of certiorari to the Su- preme Court of Florida denied. No. 978644. Bobby Daniel Horton, Jr., Petitioner v. Mississippi State Senate. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978646. Steve J. Garner, Petitioner v. Sue B. Head. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978656. Jonathan Harvey, Petitioner v. George A. Grigas, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978658. Leon McLeod, Jr., Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. No. 978662. Deris Delinore Solomon, Petitioner v. Michigan. Peti- tion for writ of certiorari to the Court of Appeals of Michigan denied. No. 978672. Nancy Cross, Petitioner v. City of Newark, California, et al. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied. No. 978674. James Douglas Borck, Petitioner v. Oregon. Petition for writ of certiorari to the Court of Appeals of Oregon denied. No. 978683. Toney Deron Davis, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 978685. Timothy Ray Schleeper, Petitioner v. Missouri. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 978686. Nathaniel V. Pierce, Petitioner v. Patricia L. Caruso, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 978690. Myrle V. King, Petitioner v. Thomas J. Adamson, et al. Petition for writ of certiorari to the Supreme Court of Idaho denied. No. 978691. Srinivasan Krishnamurthy, Petitioner v. Prasad Nim- magadda, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978703. Jeffrey Lynn Estep, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Fifth District, denied.

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912 MONDAY, JUNE 15, 1998 No. 978708. James Cozzens, Petitioner v. John A. Bozza, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 978731. Lawrence Reynolds, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 978744. Hung Thanh Le, Petitioner v. Oklahoma; and Jackie Lee Willingham, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. No. 978780. Jesus Barbary, Petitioner v. Wisconsin. Petition for writ of certiorari to the Court of Appeals of Wisconsin, District IV, denied. No. 978800. Jackie Eugene Humphreys, Petitioner v. Oklahoma. Pe- tition for writ of certiorari to the Court of Criminal Appeals of Okla- homa denied. No. 978836. Asis Kumar Sarkar, Petitioner v. Temple University. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 978839. Mike Booher, Petitioner v. Tennessee. Petition for writ of certiorari to the Court of Criminal Appeals of Tennessee, Eastern Division, denied. No. 978872. Ralph Charles Hauck, Petitioner v. David G. Mills, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 978875. Clement Mosseri, Petitioner v. United States District Court for the Southern District of New York; and Clement Mosseri, Petitioner v. United States District Court for the Southern District of New York. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 978890. Shelby Harris, Petitioner v. Gerald Higgins, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 978900. Destil Eugene Troxell, Petitioner v. Kentucky. Petition for writ of certiorari to the Court of Appeals of Kentucky denied. No. 978933. Edward G. Craw, Petitioner v. Martin Horn, Commis- sioner, Pennsylvania Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Cir- cuit denied.

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MONDAY, JUNE 15, 1998 913 No. 978948. Alonzo I. Stewart, aka Ishaaq, Petitioner v. Gil Monroe, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 978961. Christopher S. Bradley, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth Dis- trict, denied. No. 978975. Gregory Lamar Castaphney, aka Gregory Lamar Cas- tapheny, Petitioner v. Gregory White, Superintendent, State Correc- tional Institution at Pittsburgh, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 979006. Canute P. Campbell, Petitioner v. United States Postal Service. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 979048. Tomas Raul Hernandez, aka Raul, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 979050. George David Langley, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 979057. Wayne L. Branch, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979058. Jason Claude Gianetta, aka John Abel Garcia, Peti- tioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 979060. Marc Pierre Hall, aka Marc Valeriano, aka Fella, Peti- tioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 979061. Bienvenido R. Francisco, Petitioner v. Office of Person- nel Management. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 979070. Richard Paul Zuckerman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 979076. Edwin Gunn, aka Gregory Gunn, aka Gregory Wells, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

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914 MONDAY, JUNE 15, 1998 No. 979077. Ned Preston Delancy, Petitioner v. Joseph Crabtree, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979080. Edward Federowicz, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 979085. Jerry Wayne Sheppard, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 979087. Raleigh N. Grant, aka Nate, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 979091. Mark Phillip Keller, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 979108. Andrew Mitchell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 979110. Harold Queen, III, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 979111. Frederick Ernest Avery, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 979115. Gratiniano Tovar-Valencia, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979116. Carlos Terry, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 979117. Michael John Toledo, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 979136. Alan Nohara, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971666. Kevin E. Bryan, et ux., Petitioners v. Kenneth M. Clay- ton, et al. Motion of American Association of Retired Persons, et al., for leave to file a brief as amici curiae granted. Petition for writ of

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MONDAY, JUNE 15, 1998 915 certiorari to the District Court of Appeal of Florida, Fifth District, denied. No. 971683. David J. Rowland, et al., Petitioners v. Bernard Good- son, et al. Motion of petitioners to defer consideration of the petition for writ of certiorari denied. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971697. Inoco Limited, Petitioner v. Bernard Goodson, et al. Motion of petitioner to defer consideration of the petition for writ of certiorari denied. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

Mandamus Denied

No. 978710. In Re Leonard Crooms, Petitioner. Petition for writ of mandamus denied.

Rehearings Denied

No. 971164. Barbara Gleason, Individually and as Executrix of the Estate of William C. Gleason, Deceased, Petitioner v. Frank R. Noyes, et al.; No. 971405. Jamiu A. Said, Petitioner v. Marvin T. Runyon, Post- master General; No. 971412. Doris Maher, Petitioner v. Long Island University, et al.;No. 971467. Ray A. Peterson, Petitioner v. Wisconsin Department of Industry, Labor and Human Relations, et al.; No. 977840. Vincent Faustino Rivera, Petitioner v. Florida; No. 977893. Jim Allard, Petitioner v. Frank Elo, Warden; No. 977915. Bradley Follett, Petitioner v. Arizona; No. 978155. Kathleen Brockman, Petitioner v. Sweetwater County School District No. 1; No. 978173. Paul E. Barrier, Petitioner v. David Johnson, et al.; and Paul E. Barrier, Petitioner v. Marin General Hospital, et al.; and No. 978234. In Re Lonnie L. Griffin, Petitioner. Petitions for re- hearing denied. No. 97954. Janice E. Hetzel, Petitioner v. Prince William County, Virginia, and Charlie T. Deane; and No. 971361. Bronx Household of Faith, Jack Roberts, and Robert Hall, Petitioners v. Board of Education of the City of New York, et al. Motions for leave to file petitions for rehearing denied.

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916 MONDAY, JUNE 15, 1998 No. 978042. Antone J. Dias, Petitioner v. Sharon A. Bogins. Petition for rehearing denied. Justice Souter took no part in the consideration or decision of this petition.

Attorney Discipline

No. D1963. In the Matter of Disbarment of James Warner Marshall. James Warner Marshall, of Orange, Connecticut, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1964. In the Matter of Disbarment of James Ryan Green. James Ryan Green, of Fontana, Wisconsin, is suspended from the prac- tice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1965. In the Matter of Disbarment of Michael Sweig Mendel- son. Michael Sweig Mendelson, of Chicago, Illinois, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1966. In the Matter of Disbarment of George Michael Taylor. George Michael Taylor, of Springfield, Illinois, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

Recess Order

The Court will take a recess from Monday, June 15, 1998, until Mon- day, June 22, 1998.

Admissions to the Bar on Written Motions Applicant City and State Movant Mohamed Alamgir Washington, DC George Joseph Lane Joe D. Baker, II Austin, TX Jack Edward Owen, Jr. Annette E. Ball Gulfport, MS Ben H. Stone Mark J. Bereyso Chicago, IL Judith Schwartz Sherwin

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MONDAY, JUNE 15, 1998 917

Applicant City and State Movant Hannah Banks Best Albuquerque, NM Thomas L. Grisham Jean M. Boler Minneapolis, MN Paul C. Sprenger Merrick Jason Brodsky Brooklyn, NY Arthur Zachary Schwartz Richard Edmond Burns Las Cruces, NM Robert Elmonte Kinney Grant T. Burton Santa Monica, CA John C. Clairday Dale C. Campbell Sacramento, CA Malcolm Stuart Weintraub Douglas Y. Christian Philadelphia, PA Michael Timothy Scott Sherril M. Colombo Miami, FL Richard M. Dunn Celine M. Cooper Los Angeles, CA Silvia Maria Diaz Timothy R. DeWitt Washington, DC Charles Daniel Ossola Suanne Marie Dell Denver, CO Mary A. Wells Seth Byron Dennis Austin, TX W. Reed Lockhoof W. O. Dillard Jackson, MS John Arthur Eaves Angela Kaye Fenwick Oklahoma City, Andrew Elias OK Karim Dave I. Fields Flushing, NY Nathaniel Raphael Jones Elizabeth Ann Fisher Honolulu, HI Arthur Erwin Ross Render Crayton Freeman Atlanta, GA W. Pitts Carr Sarah A. Good San Francisco, CA David Sidney Steuer John Harper, III Minneapolis, MN Bruce H. Hanley Sally C. Helppie Dallas, TX E. Russell Nunnally John Hudanich Binghamton, NY Richard A. Barber David Huebner Los Angeles, CA Darrell Prescott Sharon Nicole Humble San Antonio, TX Wallace Bernard Jefferson Kendall Michael Jennings Tacoma, WA Dennis Sanford Harlowe Ronald James Judice Lafayette, LA Harmon F. Roy Thomas F. Kingen Spokane, WA Roy J. Koegen

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918 MONDAY, JUNE 15, 1998

Applicant City and State Movant C. Mark Kittredge Phoenix, AZ John A. Buttrick Robin C. Lemonidis Melbourne, FL Myron S. Krasny Alvin F. Lindsay, III Miami, FL Patricia del Pino Cheryl A. Marteney New Bern, NC Kenneth R. Wooten Thomas P. Masiello, Jr. Boston, MA Susan Rogers Finneran James Vaughan McCotter Jamaica, NY Judge Ira J. Raab Patricia Mendoza Chicago, IL Maria Beatrice Valdez George Bowen Morton Fayetteville, AR A. D. McAllister, Jr. Michael D. Newton Chattanooga, TN Mitchell Aaron Byrd Eric R. Nordman Columbus, OH David Clark Stebbins Jonathan Bern Orleans Fairfield, CT Jacob D. Zeldes Mark R. Patterson New York, NY Daniel Charles Richman Elaine Tara Petrossian Philadelphia, PA Michael Timothy Scott Sam Scott Phillips Jefferson City, MO Kevin Marshall McCormick Robert Gerard Qulia Albany, NY Michael Jude O'Connor John J. Regan Boston, MA Jerome P. Facher Robert Thomas Rhoad Windsor, VT Honorable Patrick J. Leahy Robert W. Rock Anderson, IN Randall L. Woodruff Kathleen Keller Salvi Waukegan, IL Peter Michael Trobe Conly John Schulte Omaha, NE John M. Peebles David Saul Schwartz Los Angeles, CA Mark D. Rosenbaum Amy Shapiro Binghamton, NY Christine Adrienn Desan-Husson Michael A. Steinberg Tampa, FL Ralph Steinberg Robert Cameron Stone, Jr. Shepherdstown, D. Michael Burke WV

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MONDAY, JUNE 15, 1998 919

Applicant City and State Movant Robert Jerome Surdyk Dayton, OH Edward Joseph Dowd Marlene O. Tuczinski Red Rock, NY Peter G. Crary Carolyn R. Wah Patterson, NY Philip Brumley Matthew Blane Wheeley Tampa, FL Barry M. Glenn Richard Wojszwilo New York, NY Mathew J. Mari

Opinions

No. 975737. Sandra K. Forney, Petitioner v. Kenneth S. Apfel, Com- missioner of Social Security. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment reversed, and case remanded to the United States Court of Appeals for the Ninth Circuit for further proceedings in conformity with the opinion of this Court. Opinion by Justice Breyer. No. 968986. Arnold F. Hohn, Petitioner v. United States. On writ of certiorari to the United States Court of Appeals for the Eighth Circuit. Judgment vacated, and case remanded to the United States Court of Appeals for the Eighth Circuit for further proceedings in conformity with the opinion of this Court. Opinion by Justice Kennedy. Concurring opinion by Justice Souter. Dissenting opinion by Justice Scalia, with whom The Chief Justice, Justice O'Connor, and Justice Thomas join. No. 97634. Pennsylvania Department of Corrections, et al., Peti- tioners v. Ronald R. Yeskey. On writ of certiorari to the United States Court of Appeals for the Third Circuit. Judgment affirmed. Opinion by Justice Scalia. No. 97679. American Telephone and Telegraph Company, Petitioner v. Central Office Telephone, Inc. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment reversed, and case remanded to the United States Court of Appeals for the Ninth Circuit for further proceedings in conformity with the opinion of this Court. Opinion by Justice Scalia. Concurring opinion by The Chief Jus- tice. Dissenting opinion by Justice Stevens. Justice O'Connor took no part in the consideration or decision of this case. No. 968422. Sillasse Bryan, Petitioner v. United States. On writ of certiorari to the United States Court of Appeals for the Second Circuit.

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920 MONDAY, JUNE 15, 1998 Judgment affirmed. Opinion by Justice Stevens announced by The Chief Justice. Concurring opinion by Justice Souter. Dissenting opinion by Justice Scalia, with whom The Chief Justice and Justice Ginsburg join. No. 961578. Thomas R. Phillips, et al., Petitioners v. Washington Legal Foundation, et al. On writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Judgment affirmed. Opinion by The Chief Justice. Dissenting opinion by Justice Souter, with whom Justice Stevens, Justice Ginsburg, and Justice Breyer join. Dissenting opinion by Justice Breyer, with whom Justice Stevens, Justice Souter, and Justice Ginsburg join.

Admissions to the Bar on Oral Motions Applicant City and State Movant Charles Russell Horner Wilmington, DE Judge John Joseph Shearer Farley, II Susan Elizabeth Sanders Denver, CO Francis John Lorson Lawrence Gray Sanders Tampa, FL Francis John Lorson William Robert Heitz Boca Raton, FL Francis John Lorson Steven David Gustafson Naperville, IL Francis John Lorson Jeffrey Scott Cohen Washington, DC L. Andrew Tollin Diana S. Dawson Boca Raton, FL Donald S. Dawson Katharine Lee Dukes Austin, TX Mack Gerald Heming Steven L. Gawron Bloomington, MN John Scott Harr Matthew Robert Kreinces Syosset, NY Lawrence Kenneth Katz Daniel Benjamin Shanes Waukegan, IL Samuel Irwin Shanes Andrew Jacob Turner Alexandria, VA Clinton Charles Pearson Phyllis Ellis Rosenfeld Chicago, IL Bonnie Jean Campbell Diane Lisa Rosenfeld Chicago, IL Bonnie Jean Campbell David Jack Rosenfeld Chicago, IL Bonnie Jean Campbell

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MONDAY, JUNE 15, 1998 921

Applicant City and State Movant Todd S. Stewart Palm Beach Thomas H. Gardens, FL Henderson, Jr. Richard T. Alexander, Jr. Norcross, GA Thomas H. Henderson, Jr. Frederick Needham Hadley Indianapolis, IN Thomas H. Henderson, Jr. Alan John Abadie Chalmette, LA Thomas H. Henderson, Jr. Jules Burton LeBlanc, IV Baton Rouge, LA Thomas H. Henderson, Jr. Kevin Charles Roberts Hillsboro, MO Thomas H. Henderson, Jr. Mark Stanley Gervelis Youngstown, OH Thomas H. Henderson, Jr. Jeffrey V. Goodman Warren, OH Thomas H. Henderson, Jr. Jon Jay Lieberman Cold Spring, KY Thomas H. Henderson, Jr. Gerald J. Todaro Columbus, OH Thomas H. Henderson, Jr. Allan H. Gordon Philadelphia, PA Thomas H. Henderson, Jr. S. Michael Streib Pittsburgh, PA Thomas H. Henderson, Jr. Kelley Tryphosa Downs Pittsburgh, PA Thomas H. Streib Henderson, Jr. Michael A. Faulk Church Hill, TN Thomas H. Henderson, Jr. Kelly John Barlean Langley, WA Thomas H. Henderson, Jr. Melvin J. Owens Phoenix, AZ Honorable Orrin G. Hatch Hope Anne Case Palo Alto, CA Honorable Orrin G. Hatch J. Scott Dorius Turlock, CA Honorable Orrin G. Hatch Karl Nelson Haws San Bernardino, Honorable Orrin CA G. Hatch Mark Alan Oertel Los Angeles, CA Honorable Orrin G. Hatch

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922 MONDAY, JUNE 15, 1998

Applicant City and State Movant Mark Edward Petersen Torrance, CA Honorable Orrin G. Hatch C. William Smith Washington, DC Honorable Orrin G. Hatch Theodore Robert Weckel Arlington, VA Honorable Orrin G. Hatch Carolyn M. White Washington, DC Honorable Orrin G. Hatch Glenna M. Christensen Boise, ID Honorable Orrin G. Hatch Brian E. Neuffer Chicago, IL Honorable Orrin G. Hatch James R. Hales Minden, NV Honorable Orrin G. Hatch Stephen Wade Angus New York, NY Honorable Orrin G. Hatch Brent Jay Belnap New York, NY Honorable Orrin G. Hatch Xiaomin Chen New York, NY Honorable Orrin G. Hatch David L. Cook Rochester, NY Honorable Orrin G. Hatch Susan Polizzotto Washington, DC Honorable Orrin G. Hatch Christopher Sean Visick Richmond, VA Honorable Orrin G. Hatch A. Richard Vial Portland, OR Honorable Orrin G. Hatch Gregory Lee Mousseau Jim Thorpe, PA Honorable Orrin G. Hatch Mitchell K. Wyatt Huntsville, TX Honorable Orrin G. Hatch Hal D. Baird Salt Lake City, Honorable Orrin UT G. Hatch Cass C. Butler Salt Lake City, Honorable Orrin UT G. Hatch Peter H. Christensen Salt Lake City, Honorable Orrin UT G. Hatch Randy Jule Christiansen Provo, UT Honorable Orrin G. Hatch

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MONDAY, JUNE 15, 1998 923

Applicant City and State Movant Keith Norman Hamilton Provo, UT Honorable Orrin G. Hatch Larry Stuart Jenkins Salt Lake City, Honorable Orrin UT G. Hatch Thomas C. Jepperson Salt Lake City, Honorable Orrin UT G. Hatch Gary E. Jubber Salt Lake City, Honorable Orrin UT G. Hatch Lisa Kay Norton Washington, DC Honorable Orrin G. Hatch Michael R. Orme Provo, UT Honorable Orrin G. Hatch A. John Pate Salt Lake City, Honorable Orrin UT G. Hatch David B. Thomas Provo, UT Honorable Orrin G. Hatch Steven K. Walkenhorst Salt Lake City, Honorable Orrin UT G. Hatch Elizabeth L. Willey Salt Lake City, Honorable Orrin UT G. Hatch R. Brooke Williamsen Salt Lake City, Honorable Orrin UT G. Hatch Scott Gregory Crowley Richmond, VA Honorable Orrin G. Hatch Darrell Mark Harding Virginia Beach, Honorable Orrin VA G. Hatch George Clay Landrith, III Chantilly, VA Honorable Orrin G. Hatch Jeffery Renick Ward Tampa, FL Michael Distelhorst Steven P. Billing Anna, OH Michael Distelhorst Anne Foster Burns Chester Springs, Michael PA Distelhorst Therese Marie Carnes Burke, VA Michael Hatch Distelhorst Lawrence Michael Maley Pickerington, OH Michael Distelhorst Lamar Odom San Antonio, TX Michael Distelhorst

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924 MONDAY, JUNE 15, 1998

Applicant City and State Movant Raed A. Rasul Columbus, OH Michael Distelhorst Randall Scott Weber Mount Gilead, OH Michael Distelhorst Wallace A. Vitez Lebanon, PA Michael Distelhorst

Adjourned until Monday, June 22, 1998, at 10 o'clock.

Certiorari Denied No. 979486. Johnny Dean Pyles, Petitioner v. Gary L. Johnson, Di- rector, Texas Department of Criminal Justice, Institutional Division. Application for stay of execution of sentence of death presented to Justice Scalia and by him referred to the Court denied. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Stevens and Justice Ginsburg would grant the application for stay of execution.

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(JOURNAL) TUESDAY, JUNE 16, 1998 925 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Certiorari Denied No. 979170. Dennis Wayne Eaton, Petitioner v. Ronald Angelone, Director, Virginia Department of Corrections. Application for stay of execution of sentence of death presented to the Chief Justice and by him referred to the Court denied. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Stevens and Justice Ginsburg would grant the application for stay of execution.

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(JOURNAL) THURSDAY, JUNE 18, 1998 927 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Order In Pending Case No. 979567. Dobie Gillis Williams, Petitioner v. Burl Cain, Warden. Application for stay of execution of sentence of death presented to Justice Scalia and by him referred to the Court granted pending the disposition of the petition for writ of certiorari. Should the petition for writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for writ of certiorari is granted, the stay shall continue pending the sending down of the judgment of this Court.

Certiorari Denied No. 979570. Dobie Gillis Williams, Petitioner v. Louisiana. Applica- tion for stay of execution of sentence of death presented to Justice Scalia and by him referred to the Court denied. Petition for writ of certiorari to the Supreme Court of Louisiana denied.

Certiorari Denied No. 979589. Dobie Gillis Williams, Petitioner v. Burl Cain, Warden. Application for stay of execution of sentence of death presented to Justice Scalia and by him referred to the Court denied. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Stevens and Justice Ginsburg would grant the application for stay of execution.

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(JOURNAL) MONDAY, JUNE 22, 1998 929 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer. The Chief Justice said: "Today's orders of the Court have been certified by The Chief Jus- tice, filed with the Clerk, and will not be announced orally."

Certiorari-Summary Disposition No. 971113. Granville Amos, et al., Petitioners v. Maryland Depart- ment of Public Safety and Correctional Services, et al. On petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit. Petition for writ of certiorari granted. Judgment vacated and case remanded to the United States Court of Appeals for the Fourth Circuit for further consideration in light of Pennsylvania Department of Corrections v. Yeskey, 524 U. S. (1998). No. 975460. Gary Apker, Petitioner v. United States. On petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit. Motion of petitioner for leave to proceed in forma pau- peris and the petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Eighth Circuit for further consideration in light of Hohn v. United States, 524 U. S. (1998).

Orders In Pending Cases No. M81. Reymond E. Kessler, Petitioner v. Brown & Williamson, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M84. City of Santa Ana, Petitioner v. Jess Hernandez, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of- time denied. No. M85. Phonometrics, Inc., Petitioner v. Northern Telecom, Inc., et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. 968732. Vincent Edwards, Reynolds A. Wintersmith, Horace Joiner, Karl V. Fort, and Joseph Tidwell, Petitioners v. United States. Motion of petitioners to waive $2,500 fee limitation under the Criminal Justice Act denied.

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930 MONDAY, JUNE 22, 1998 Certiorari Granted No. 97303. Humana Inc., et al., Petitioners v. Mary Forsyth, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted. No. 971704. Esteban Ortiz, et al., Petitioners v. Fibreboard Corpo- ration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit granted. No. 971709. Kumho Tire Company, Ltd., et al., Petitioners v. Pat- rick Carmichael, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit granted.

Certiorari Denied No. 97144. Steve Pearson, Petitioner v. Gary Dale Hines. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97218. Steven B. Larsen, Maryland Insurance Commissioner, Petitioner v. American Medical Security, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 97686. Pete Wilson, Governor of California, et al., Petitioners v. John Armstrong, et al.; and California, et al., Petitioners v. Derrick Clark, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 97795. Pinal Creek Group, Consisting of Cyprus Miami Mining Corporation, Inspiration Consolidated Copper Company, and BHP Copper, Inc., Petitioner v. Newmont Mining Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971399. Richard Blumenthal, Attorney General of Connecticut, Petitioner v. Philip Morris, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 971427. Judicial Council of the Fifth Judicial Circuit, et al., Petitioners v. John H. McBryde, Judge, United States District Court for the Northern District of Texas. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971451. National Association of Home Builders of the United States, et al, v. Bruce Babbitt, Secretary of the Interior, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

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MONDAY, JUNE 22, 1998 931 No. 971488. Kenneth M. Zeran, Petitioner v. America Online, Incor- porated. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 971514. Inner City Press/Community on the Move, et al., Petit- oners v. Board of Governors of the Federal Reserve System, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 971517. McClatchy Newspapers, Inc., Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 971543. Gerald B. Lefcourt, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 971550. Guadalupe Rojas, Petitioner v. Lawrence Fitch, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 971641. United States, Petitioner v. Paul Messino, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 971660. Danny Mann, et ux., Petitioners v. Missouri Highway and Transportation Commission. Petition for writ of certiorari to the Court of Appeals of Missouri, Western District, denied. No. 971677. Dan Rodney Joos, Petitioner v. Piper C. Joos. Petition for writ of certiorari to the Court of Appeals of Utah denied. No. 971708. Bruce Ryan Nakamura, Petitioner v. Theodore Chun, et al. Petition for writ of certiorari to the Intermediate Court of Ap- peals of Hawaii denied. No. 971710. Biofilm, Inc., and Daniel Wray, Petitioners v. Charles O. Boynton, Andrew R. Darling, and BSH Enterprises, Inc. Petition for writ of certiorari to the Court of Appeal of California, Fourth Ap- pellate District, denied. No. 971714. Theodore P. Coates, Petitioner v. Kenneth M. Seaton. Petition for writ of certiorari to the Court of Appeals of Colorado denied. No. 971718. Marilyn Moss, Petitioner v. Peggy Garrity, et al. Peti- tion for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

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932 MONDAY, JUNE 22, 1998 No. 971719. Deborah Rhett, Petitioner v. Carnegie Center Associ- ates. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied. No. 971724. James Hunt Barker, Petitioner v. Mary Jo Leeds, et al. Petition for writ of certiorari to the Court of Appeals of Kentucky denied. No. 971728. Steven J. Salguero, Petitioner v. California. Petition for writ of certiorari to the Appellate Department, Superior Court of California, Alameda County, denied. No. 971730. Deer Park Independent School District, et al., Petition- ers v. Harris County Appraisal District, et al. Petition for writ of cer- tiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971731. Gary W. Bowen, Petitioner v. Keith Oistead, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971738. Joan May, et al., Petitioners v. Town of Mountain Vil- lage. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied. No. 971750. Ward E. Bryant, etc., Petitioner v. Caddo Parish School Board. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971755. Thomas P. Coffey, Petitioner v. Donald Collester, Judge, Superior Court, Morristown, New Jersey, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Cir- cuit denied. No. 971757. Lawrence Moore, Petitioner v. Judith Keep, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971761. Federation of Connecticut Taxpayer Organizations, et al., Petitioners v. Christopher Burnham, Treasurer of Connecticut, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 971762. Maria Graciela Ramirez, Petitioner v. Texas, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971766. Ruth Kerr Jakoby, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

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MONDAY, JUNE 22, 1998 933 No. 971767. William J. Carlyle, Jr., Petitioner v. Angus Saint-Evens, Kenneth Hopkins, and Dorothy McGee. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971771. John R. Connor, Petitioner v. Bernice Flynn, Executrix of the Estate of Edward J. Flynn. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. No. 971775. Friedrich Lu, Petitioner v. David Christiani, et al.; and Friedrich Lu, Petitioner v. Scott Harshbarger, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Cir- cuit denied. No. 971776. Cheryl Pruitt, Individually and as Next Friend of Tif- fany Kacal, a Minor, Petitioner v. Waco Independent School District, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. No. 971778. Ivan Sawchyn, Petitioner v. Scottsdale Insurance Co., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 971788. Joe Doakes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 971797. Oy Partek Ab, Petitioner v. Annabelle Boone, Personal Representative of the Estate of Lawrence Boone, et al. Petition for writ of certiorari to the Supreme Court of Delaware denied. No. 971806. Lawrence S. Krain, Petitioner v. Illinois Department of Professional Regulation, et al. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 971822. Ernest Brown, Petitioner v. William M. Plaut, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 971842. Linda J. Doyle, Petitioner v. Jefferson County, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 971845. Thomas M. Sanders, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971849. Robert L. Klopp, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

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934 MONDAY, JUNE 22, 1998 No. 971852. Arnold Scheumann, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 971854. Joan Godwin Pierson, Petitioner v. Wilshire Terrace Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971860. Robert W. Kearns, Petitioner v. Wood Motors, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 971861. Anthony Giaimo, et ux., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 971871. Rochelle K. Whatley, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 971901. In Re Gwen G. Caranchini, Petitioner. Petition for writ of certiorari to the Supreme Court of Missouri denied. No. 971903. Alana Sudwisher, Petitioner v. Estate of Paul C. Hoff- pauir, et al. Petition for writ of certiorari to the Supreme Court of Louisiana denied. No. 976467. Leon G. Spruill, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 976915. Latik Allah, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 977373. Clemment B. Epps, Petitioner v. Togo D. West, Jr., Secretary of Veterans Affairs. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 977418. William Hamilton, aka Star, aka Starpre, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 977956. Wayne P. Thomas, aka Eugene Gregory, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978143. Errol Eugene Washington, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

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MONDAY, JUNE 22, 1998 935 No. 978279. Lewis Charles Terry, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978364. Leroy Hall, Jr., Petitioner v. Tennessee. Petition for writ of certiorari to the Supreme Court of Tennessee, Eastern Divi- sion, denied. No. 978447. Jeffrey Young, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 978694. Gary Allen Sinn, Petitioner v. John Ratelle, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 978695. Matthew Joseph Sikora, Jr., Petitioner v. Alan Higley, Associate Warden. Petition for writ of certiorari to the Supreme Court of Nebraska denied. No. 978712. Walter J. Moore, Petitioner v. Thomas F. Griesa, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 978715. Jose T. Nocon, Petitioner v. Dale Landress, Superin- tendent, Avon Park Correctional Institution, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 978721. Darnell R. Parks, Petitioner v. Jessie Rivers, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 978724. Rufus Edward Allen, Petitioner v. Terry L. Stewart, Director, Arizona Department of Correction, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978729. Thomas W. Wood and Diane F. York, Petitioners v. California. Petition for writ of certiorari to the Court of Appeal of California, Fifth Appellate District, denied. No. 978733. Parnell Seaton, Petitioner v. Michigan; and Parnell Seaton, Petitioner v. Michigan. Petition for writ of certiorari to the Recorder's Court for the City of Detroit denied. No. 978738. David L. Hilliard, Petitioner v. Steve Kaiser, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

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936 MONDAY, JUNE 22, 1998 No. 978741. Rosita B. Wesley, Petitioner v. Clarence G. Wesley. Pe- tition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 978754. Leon Percival, Petitioner v. Wayne Stine, Warden. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 978757. Sherwood Brown, Petitioner v. City of San Diego Po- lice Department. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. No. 978758. Sherwood Brown, Petitioner v. Superior Court of Cali- fornia, San Diego County. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. No. 978759. Donald Jones, Petitioner v. Pennsylvania Board of Pro- bation and Parole, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 978760. Gonzalo Murillo, Petitioner v. Cal Terhune, Director, California Department of Corrections, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Ninth Circuit denied. No. 978762. Audrey Wilson, Petitioner v. Charlotte Blackwell, Ad- ministrator, Edna Mahan Correctional Facility for Women. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 978763. Reagan Duane Watson, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 978768. D'Elegance D. Sutherlin, Petitioner v. Minnesota. Peti- tion for writ of certiorari to the Supreme Court of Minnesota denied. No. 978772. Norris D. Sanders, Petitioner v. Robert P. Flynn, et al. Petition for writ of certiorari to the Court of Appeal of California, Third Appellate District, denied. No. 978775. Terry Melvin Jackson, Petitioner v. James LeBlanc, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978787. Aaron Cyars, Petitioner v. Michigan. Petition for writ of certiorari to the Court of Appeals of Michigan denied. No. 978790. Michael Colbert, Petitioner v. INOVA Health Care Services. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978804. Jose Eligio De La Cruz, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division.

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MONDAY, JUNE 22, 1998 937 Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978806. James Jackson, Petitioner v. West Virginia, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978811. Vincent T. Martinez, Petitioner v. Michael W. Moore, Director, South Carolina Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978813. Ruby Mays and Doris Jenkins, Petitioners v. City of Dayton, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 978829. Bruce Kilgore, Petitioner v. Michael Bowersox, Super- intendent, Potosi Correctional Center. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 978852. Manuel A. Ortiz, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. No. 978859. Howard Beverly, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied. No. 978865. Michael Edward Hooper, Petitioner v. Oklahoma. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Okla- homa denied. No. 978868. Jose Luis Flores, Petitioner v. Rosie Garcia, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978873. Michael Anthony Hunter, Petitioner v. South Carolina, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. No. 978874. John W. Dreher, Petitioner v. New Jersey. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Divi- sion, denied. No. 978883. Les Kerekes, Petitioner v. Kenneth S. Apfel, Commis- sioner of Social Security. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978904. Charles A. Trobaugh, Petitioner v. Iowa. Petition for writ of certiorari to the Supreme Court of Iowa denied. No. 978915. Henry Lorenzo Payne, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Second District, denied.

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938 MONDAY, JUNE 22, 1998 No. 978920. J. R. Wilkerson, Petitioner v. A. Tutt, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978923. Anthony Miner, Petitioner v. Missouri. Petition for writ of certiorari to the Court of Appeals of Missouri, Eastern District, denied. No. 978932. Rajko Barbir, Petitioner v. Theo White, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978935. Craig Buck, Petitioner v. Boeing Company. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978936. Haddrick Byrd, Petitioner v. Frank D. Gillis, Superin- tendent, State Correctional Institution at Coal Township, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 978943. Michael Harold, Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections. Petition for writ of cer- tiorari to the Supreme Court of Florida denied. No. 978944. Bruce Day, Petitioner v. Diane Walker, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 978950. Andre Lamont Swinney and Harrison Bond Thurman, Petitioners v. California. Petition for writ of certiorari to the Court of Appeal of California, Third Appellate District, denied. No. 979004. Frances Swinick, Petitioner v. Fred M. Rosen. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. No. 979017. Larry K. Wilson, Petitioner v. Larry Burton, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 979022. John Laessig, Petitioner v. City of Philadelphia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 979073. Dan Thomas, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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MONDAY, JUNE 22, 1998 939 No. 979075. Danny Boyd, Petitioner v. Oregon. Petition for writ of certiorari to the Supreme Court of Oregon denied. No. 979086. Eufrosina Diaconu, Petitioner v. Defense Logistics Agency, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 979089. Charles E. Steele, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 979094. Lambert Dehler, Petitioner v. James Schotten, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 979105. Harley Reynolds, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979113. Elbert Myron Riebold, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 979142. Royce Gay, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 979147. Walter L. Sentenn, Jr., Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979148. Mario Lloyd and Charles Lloyd, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 979151. Bruce Wayne, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 979152. Sergio Zaragoza, aka Louis A. Valera, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 979153. Richard Lee Vallejo, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979156. Lee Royal James, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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940 MONDAY, JUNE 22, 1998 No. 979164. J. Victor Whatley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 979165. Mark D. Bartley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 979173. Sherry M. Woodruff, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 979180. Clifton Andrew Carter, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 979181. Leonard Bieri, III, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 979184. Rodney Lee Hooker, aka D, aka Hook, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 979187. Joseph Randall Hobbs, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 979191. Mark Alan Bolling, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 971054. Chase Manhattan Bank, as Trustee of the IBM Retire- ment Plan Trust Fund, Petitioner v. City and County of San Francisco, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. Justice Stevens took no part in the consideration or decision of this petition. No. 971511. Michael W. Moore, Director, South Carolina Depart- ment of Corrections, Petitioner v. Ben Cummings, etc. Motion of re- spondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 971706. American Life & Casualty Insurance Company, Peti- tioner v. Anne C. Trostel, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Breyer took no part in the consideration or decision of this petition. No. 971772. Karyn Jones, et vir, Petitioners v. United States. Mo- tion of petitioner Karyn Jones to substitute Joy Elaine Jones in place

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MONDAY, JUNE 22, 1998 941 of Chris Jones, deceased, denied. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

Habeas Corpus Denied No. 979243. In Re Phillip R. Key, Petitioner. Petition for writ of habeas corpus denied.

Mandamus Denied No. 971780. In Re Fob James, Jr., Governor of Alabama, and DeKalb County School Board, Petitioners; No. 977869. In Re Holli Lundahl, Petitioner; and No. 978258. In Re Holli Lundahl, Petitioner. Petitions for writs of mandamus denied.

Rehearings Denied No. 971271. Tenkasi M. Viswanathan, Petitioner v. Fayetteville State University Board of Trustees, et al.; No. 971633. In Re James Cossett, etc., Petitioner; No. 977648. Keljer King, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division, et al.; No. 977658. Emilio H. Martinez, Petitioner v. Gary L. Johnson, Di- rector, Texas Department of Criminal Justice, Institutional Division; No. 977728. Ronald Jarvi, Petitioner v. Brian McCarthy, et al.; No. 977732. Nahshon Jackson, Petitioner v. New York; No. 977791. Patricia E. Walton, Petitioner v. Princeton Baptist Medical Center; No. 977822. Kenneth Elwood Narron, Petitioner v. Carol Vance, et al.; No. 977861. Arthur J. Toegemann, Petitioner v. James O. Prochaska, et al.; No. 978046. Clarence R. Hayes, Petitioner v. Western Weighing and Inspection Bureau; No. 978257. In Re Andrew J. Johnson, Petitioner; No. 978285. Danny Rene Smith, Petitioner v. Texas; No. 978541. In Re Frank C. Verbeck, Jr., Petitioner; No. 978555. Kimberly Ann Zerebnick, Petitioner v. Beckwith Ma- chinery Company; No. 978596. Guillermo A. Salazar, Petitioner v. United States; and No. 978618. In Re Johnny C. Green, Petitioner. Petitions for rehear- ing denied.

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942 MONDAY, JUNE 22, 1998 No. 971512. Willie H. Bankhead, Petitioner v. Mississippi, et al. Mo- tion of petitioner for leave to proceed further herein in forma pauperis granted. Petition for rehearing denied. No. 977049. Denver Ade Martin, Petitioner v. United States. Motion of petitioner for leave to file a petition for rehearing denied. Attorney Discipline No. D1891. In the Matter of Disbarment of Donald I. Singer. Dis- barment order entered. No. D1937. In the Matter of Disbarment of Walter Benjamin Fey. Disbarment order entered. No. D1967. In the Matter of Disbarment of J. Larkin Pahl. J. Larkin Pahl, of Raleigh, North Carolina, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1968. In the Matter of Disbarment of Mitchell W. Herzog. Mitchell W. Herzog, of Eastsound, Washington, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1969. In the Matter of Disbarment of Steven J. Barkin. Steven J. Barkin, of Sherman Oaks, California, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1970. In the Matter of Disbarment of Phillip Kurtz. Phillip Kurtz, of Euclid, Ohio, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1971. In the Matter of Disbarment of Peter J. Toth. Peter J. Toth, of Burlington, New Jersey, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. Admissions to the Bar on Written Motions Applicant City and State Movant Thomas E. Beatrice Swampscott, MA Peter C. DiGangi Lawrence C. Bobbitt Columbus, OH James Duvall

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MONDAY, JUNE 22, 1998 943

Applicant City and State Movant Jeffrey C. Brinkerhoff Casper, WY Michael John Sullivan Paul Richard Brown Seattle, WA David W. Duce John K. Crossman New York, NY Paul Anton Zevnik Mark A. Gallagher Philadelphia, PA Judge Joseph Francis Battle, Jr. Richard J. Gallott, Jr. Ruston, LA Russell A. Woodard Neil M. Gorsuch Denver, CO Mark C. Hansen Christopher Herbert Hahn Austin, TX Grace Fisher Renbarger Francine Tilton Kammeyer Sacramento, CA Howard Michael Hoffman Mark Clifford Katzef Aventura, FL F. Lee Bailey Nicole Arfaras Kerr Orlando, FL Mathew D. Staver Joseph Edward Lambert Phoenix, AZ Martha Ellen Gibbs Konrad S. Lee Crescent City, CA Rita L. Swenor Stuart L. Leviton Los Angeles, CA Robert Edward Freitas Alvin D. Lodish Miami, FL Richard M. Dunn Michael Anthony Luvisi Louisville, KY Robert Cochran Hobson Jonathan J. Margolis Wellesley, MA Michael Peter Krone Jeffee L. Martinez-Vargas Austin, TX Elmer Eugene Palmer Robert John McAfee New Bern, NC Rudolph Alexander Ashton, III Donald Robert McKillop San Diego, CA David Paul Wolds C. George Milner Philadelphia, PA Christopher Chaffee Fallon, Jr. John P. Moses Wilkes Barre, PA Charles P. Gelso Martin Pankove Boulder, CO Ruth Rabstein Laurie J. Pittman Ravenna, OH Perry George Dickinson

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944 MONDAY, JUNE 22, 1998

Applicant City and State Movant Edward James Powers Norfolk, VA Mark Travis Coberly Robert Warren Roddis Grosse Pointe Daniel R. W. Farms, MI Rustmann Joseph Luis Ruffin Oklahoma City, Wendell Blair OK Sutton Richard John de Simone Albany, NY Anthony Joseph Annucci Norman J. Slawsky Atlanta, GA David Gideon Crockett Steven Austin Smith Modesto, CA Michael Steven McManus Bruce Chandler Smith Scottsdale, AZ Lat J. Celmins Robert William St. Clair Lubbock, TX Derry Don Harding Jeffrey A. Wagner Omaha, NE Roberta Susan Stick Gregory Glenn Waterston Salem, NJ John Eric Bergh David R. Weinstein Los Angeles, CA Linda M. Blank William Dennis Worley Raleigh, NC Burley Bayard Mitchell, Jr.

Recess Order

The Court will take a recess from Monday, June 22, 1998, until Thurs- day, June 25, 1998.

Opinions

No. 97461. Wisconsin Department of Corrections, et al., Petitioners v. Keith D. Schacht. On writ of certiorari to the United States Court of Appeals for the Seventh Circuit. Judgment vacated, and case re- manded to the United States Court of Appeals for the Seventh Circuit for further proceedings in conformity with the opinion of this Court. Opinion by Justice Breyer. Concurring opinion by Justice Kennedy. No. 961487. United States, Petitioner v. Hosep Krikor Bajakajian. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment affirmed. Opinion by Justice Thomas. Dissent- ing opinion by Justice Kennedy, with whom The Chief Justice, Justice O'Connor, and Justice Scalia join.

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MONDAY, JUNE 22, 1998 945 No. 97581. Pennsylvania Board of Probation and Parole, Petitioner v. Keith M. Scott. On writ of certiorari to the Supreme Court of Penn- sylvania, Middle District. Judgment reversed, and case remanded to the Supreme Court of Pennsylvania, Middle District, for further pro- ceedings not inconsistent with the opinion of this Court. Opinion by Justice Thomas. Dissenting opinion by Justice Stevens. Dissenting opinion by Justice Souter, with whom Justice Ginsburg and Justice Breyer join. No. 976270. Gerald R. Caron, Petitioner v. United States. On writ of certiorari to the United States Court of Appeals for the First Circuit. Judgment affirmed. Opinion by Justice Kennedy. Dissenting opinion by Justice Thomas, with whom Justice Scalia and Justice Souter join. No. 961866. Alida Star Gebser and Alida Jean McCullough, Peti- tioners v. Lago Vista Independent School District. On writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Judgment affirmed. Opinion by Justice O'Connor. Dissenting opinion by Justice Stevens, with whom Justice Souter, Justice Ginsburg, and Justice Breyer join. Dissenting opinion by Justice Ginsburg, with whom Justice Souter and Justice Breyer join.

Admissions to the Bar on Oral Motions Applicant City and State Movant Garry Donald Malphrus Ridgeland, SC Honorable J. Strom Thurmond Robert B. Pinkerton Beaufort, SC Honorable J. Strom Thurmond Jennifer L. Quayle San Diego, CA Francis John Lorson Louise Brandt Bigott Bourbonnais, IL Francis John Lorson Saul A. Schapiro Boston, MA Francis John Lorson Richard Todd Okrent Lynnwood, WA Francis John Lorson Micki Idelle Aronson Chicago, IL Christopher William Vasil Peter Nicholas Dowd Royal Oak, MI Christopher William Vasil

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946 MONDAY, JUNE 22, 1998

Applicant City and State Movant Stephen Kenneth Carroll Houston, TX Richard William Beckler Robert John Corry, Jr. Washington, DC Victor John Wolski Patrick Mark Dukes Cleveland, OH Amy Loch Ressing Joseph Paul George, Jr. Miami, FL David Allen Anderson James Edward Kiley, Jr. Washington, DC Richard Ira Lebovitz Jon W. Norris Washington, DC June Bushart Norris Frank Andrew Prio Chicago, IL James Alan Gammon Amy Buchli Squibb Springfield, MO Lucinda Anne Love Wallace S. Squibb Springfield, MO Lucinda Anne Love Bradley Newman Yonover New York, NY J. Cathy Fogel Scott Douglas Yonover Indianapolis, IN J. Cathy Fogel Harry A. Dennis, III Washington, DC William L. Robinson Sharon Lynn Mayhew Bethesda, MD William L. Robinson Kim Ian McGillivray Washington, DC William L. Robinson Patricia Newton Washington, DC William L. Robinson Darrin Paul Sobin Washington, DC William L. Robinson Alice Martin Thomas Washington, DC William L. Robinson Joseph B. Tulman Washington, DC William L. Robinson Susan Louise Waysdorf Washington, DC William L. Robinson Michael Viesca Rivas Franklin Park, IL William L. Robinson Laurie A. Morin Washington, DC William L. Robinson

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MONDAY, JUNE 22, 1998 947

Applicant City and State Movant Edward H. Koenig Bethesda, MD William L. Robinson Georgia Ann Martin Picayune, MS William L. Robinson Evangelyn Williams Washington, DC William L. Robinson Donald Lewis Wilson Pittsburgh, PA William L. Robinson Kenneth Maclean Campbell Alexandria, VA William L. Robinson Jeanne Lynn Dove-Taylor Dahlgren, VA William L. Robinson Michelle Marie Carey Arlington, VA Peter Paul Weidenbruch, Jr. Dennis Cotto Washington, DC Peter Paul Weidenbruch, Jr. Robert A. Dufek Washington, DC Peter Paul Weidenbruch, Jr. Michael Patrick Fortkort Oak Hill, VA Peter Paul Weidenbruch, Jr. Jerome A. Holmes Oklahoma City, Peter Paul OK Weidenbruch, Jr. Alina Semo Kofsky Washington, DC Peter Paul Weidenbruch, Jr. Leslie Bonner McClendon Alexandria, VA Peter Paul Weidenbruch, Jr. Elizabeth A. McFarland Washington, DC Peter Paul Weidenbruch, Jr. Mary Jane Rieser Washington, DC Peter Paul Weidenbruch, Jr.

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948 MONDAY, JUNE 22, 1998

Applicant City and State Movant Paul Michael Schmidt Washington, DC Peter Paul Weidenbruch, Jr. Jeff Edward Schwartz Washington, DC Peter Paul Weidenbruch, Jr. Bernard M. Shapiro Washington, DC Peter Paul Weidenbruch, Jr. Robert Alton Wimbish Washington, DC Peter Paul Weidenbruch, Jr. Karl Haller Georgetown, DE Peter Paul Weidenbruch, Jr. Gonzalo Ramon Dorta Miami, FL Peter Paul Weidenbruch, Jr. Leopoldo A. Ochoa Coral Gables, FL Peter Paul Weidenbruch, Jr. Howard M. Crystal Washington, DC Peter Paul Weidenbruch, Jr. L. Rodger Currie Washington, DC Peter Paul Weidenbruch, Jr. John Augustine Bourgeois Baltimore, MD Peter Paul Weidenbruch, Jr. Denise S. Canton-Blyden St. Croix, VI Peter Paul Weidenbruch, Jr. Maria Fuster Glinsmann Gaithersburg, MD Peter Paul Weidenbruch, Jr. Carol Rose Rakatansky Washington, DC Peter Paul Weidenbruch, Jr.

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MONDAY, JUNE 22, 1998 949

Applicant City and State Movant Karin Marie Hope Crosslake, MN Peter Paul Weidenbruch, Jr. Richard J. Byrnes Woodbridge, NJ Peter Paul Weidenbruch, Jr. Denis James Dooley, II Bernardsville, NJ Peter Paul Weidenbruch, Jr. Terence Carroll Oyster Bay, NY Peter Paul Weidenbruch, Jr. Laurie Michelle Israel New York, NY Peter Paul Weidenbruch, Jr. Joseph John Sperber, IV New York, NY Peter Paul Weidenbruch, Jr. Richard M. Scott Columbus, OH Peter Paul Weidenbruch, Jr. Alexandra Pia Brovey State College, PA Peter Paul Weidenbruch, Jr. Lawrence H. Fisher DuBois, PA Peter Paul Weidenbruch, Jr. Agnes Bundy Scanlan Boston, MA Peter Paul Weidenbruch, Jr. Judith Michelle Barger Fairfax, VA Peter Paul Weidenbruch, Jr. Joanmarie Ilaria Davoli Fairfax, VA Peter Paul Weidenbruch, Jr. Alejandro Pablo Gershanik New Orleans, LA Peter Paul Weidenbruch, Jr.

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950 MONDAY, JUNE 22, 1998

Applicant City and State Movant Guy Sterling Neal Washington, DC Peter Paul Weidenbruch, Jr. Joseph Andrew Tomkiewicz Washington, DC Peter Paul Weidenbruch, Jr. Stephen Faciszewski Seattle, WA Peter Paul Weidenbruch, Jr. Lisa Marie Marchese Seattle, WA Peter Paul Weidenbruch, Jr. Sandra L. Andina Chicago, IL Ralph Ruebner Steven R. Decker Chicago, IL Ralph Ruebner Belle Lind Gordon Chicago, IL Ralph Ruebner Herbert Kanter Chicago, IL Ralph Ruebner Elaine Rappaport Lev Chicago, IL Ralph Ruebner Elliott Barry Levine Park Ridge, IL Ralph Ruebner Marvin Margolis Chicago, IL Ralph Ruebner Lawrence Howard Necheles Chicago, IL Ralph Ruebner Jack L. Shankman Chicago, IL Ralph Ruebner Barry David Sheppard Chicago, IL Ralph Ruebner

Adjourned until Thursday, June 25, 1998, at 10 o'clock.

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(JOURNAL) WEDNESDAY, JUNE 24, 1998 951 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Certiorari Denied No. 978922. Leopoldo Narvaiz, Jr., Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Application for stay of execution of sentence of death presented to Justice Scalia and by him him referred to the Court denied. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Stevens and Justice Ginsburg would grant the application for stay of execution.

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(JOURNAL) THURSDAY, JUNE 25, 1998 953 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Opinions No. 97873. United States, Petitioner v. Aloyzas Balsys. On writ of certiorari to the United States Court of Appeals for the Second Circuit. Judgment reversed, and case remanded to the United States Court of Appeals for the Second Circuit for further proceedings in conformity with the opinion of this Court. Opinion by Justice Souter, which Justice Scalia and Justice Thomas join only as to Parts I, II, and III. Concur- ring opinion by Justice Stevens. Dissenting opinion by Justice Gins- burg. Dissenting opinion by Justice Breyer, with whom Justice Gins- burg joins. No. 97156. Randon Bragdon, Petitioner v. Sidney Abbott, et al. On writ of certiorari to the United States Court of Appeals for the First Circuit. Judgment affirmed in part, vacated in part, and case remanded to the United States Court of Appeals for the First Circuit for further proceedings in conformity with the opinion of this Court. Opinion by Justice Kennedy. Concurring opinion by Justice Stevens, with whom Justice Breyer joins. Concurring opinion by Justice Ginsburg. Opinion by The Chief Justice, with whom Justice Scalia and Justice Thomas join, and with whom Justice O'Connor joins as to Part II, concurring in the judgment in part and dissenting in part. Opinion by Justice O'Connor concurring in the judgment and dissenting in part. No. 9742. Eastern Enterprises, Petitioner v. Kenneth S. Apfel, Commissioner of Social Security, et al. On writ of certiorari to the United States Court of Appeals for the First Circuit. Judgment re- versed, and case remanded to the United States Court of Appeals for the First Circuit for further proceedings in conformity with the judg- ment of this Court. Justice O'Connor announced the judgment of the Court and delivered an opinion in which The Chief Justice, Justice Scalia, and Justice Thomas join. Concurring opinion by Justice Thomas. Opinion by Justice Kennedy concurring in the judgment and dissenting in part. Dissenting opinion by Justice Stevens, with whom Justice Sou- ter, Justice Ginsburg, and Justice Breyer join. Dissenting opinion by Justice Breyer, with whom Justice Stevens, Justice Souter, and Justice Ginsburg join.

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954 THURSDAY, JUNE 25, 1998 No. 97371. National Endowment For The Arts, et al., Petitioners v. Karen Finley, et al. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment reversed, and case re- manded to the United States Court of Appeals for the Ninth Circuit for further proceedings in conformity with the opinion of this Court. Opinion by Justice O'Connor. Opinion by Justice Scalia, with whom Justice Thomas joins, concurring in the judgment. Dissenting opinion by Justice Souter. No. 971374. William J. Clinton, President of the United States, et al., Appellants v. City of New York, et al. On appeal from the United States District Court for the District of Columbia. Judgment affirmed. Opinion by Justice Stevens. Concurring opinion by Justice Kennedy. Opinion by Justice Scalia, with whom Justice O'Connor joins, and with whom Justice Breyer joins as to Part III, concurring in part and dis- senting in part. Dissenting opinion by Justice Breyer, with whom Jus- tice O'Connor and Justice Scalia join as to Part III. No. 971192. Swidler & Berlin and James Hamilton, Petitioners v. United States. On writ of certiorari to the United States Court of Ap- peals for the District of Columbia Circuit. Judgment reversed, and case remanded to the United States Court of Appeals for the District of Columbia Circuit for further proceedings in conformity with the opin- ion of this Court. Opinion by The Chief Justice. Dissenting opinion by Justice O'Connor, with whom Justice Scalia and Justice Thomas join.

Adjourned until Friday, June 26, 1998, at 10 o'clock.

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(JOURNAL) FRIDAY, JUNE 26, 1998 955 SUPREME COURT OF THE UNITED STATES

Present: Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, and Justice Ginsburg. Justice Stevens said: "The Chief Justice is attending the Fourth Circuit Conference and Justice Breyer is attending a similar Conference."

Opinions No. 97282. Beth Ann Faragher, Petitioner v. City of Boca Raton. On writ of certiorari to the United States Court of Appeals for the Eleventh Circuit. Judgment reversed, and case remanded to the United States Court of Appeals for the Eleventh Circuit for reinstatement of the judgment of the United States District Court for the Southern District of Florida. Opinion by Justice Souter. Dissenting opinion by Justice Thomas, with whom Justice Scalia joins. No. 97569. Burlington Industries, Inc., Petitioner v. Kimberly B. Ellerth. On writ of certiorari to the United States Court of Appeals for the Seventh Circuit. Judgment affirmed. Opinion by Justice Kennedy. Opinion by Justice Ginsburg concurring in the judgment. Dissenting opinion by Justice Thomas, with whom Justice Scalia joins. No. 976146. Angel Jaime Monge, Petitioner v. California. On writ of certiorari to the Supreme Court of California. Judgment affirmed. Opinion by Justice O'Connor. Dissenting opinion by Justice Stevens. Dissenting opinion by Justice Scalia, with whom Justice Souter and Justice Ginsburg join. Justice Stevens said: "Today's orders of the Court have been certified, filed with the Clerk, and will not be announced orally."

Certiorari-Summary Disposition No. 97232. Eddy Potash, Inc., Petitioner v. Jeanne Harrison. On petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit. Petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Tenth Circuit for further consideration in light of Faragher v. City of Boca Raton, 524 U. S. (1998). No. 97726. Arlene Reynolds, Petitioner v. CSX Transportation, Inc., et al. On petition for writ of certiorari to the United States Court of

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956 FRIDAY, JUNE 26, 1998 Appeals for the Eleventh Circuit. Petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Eleventh Circuit for further consideration in light of Faragher v. City of Boca Raton, 524 U. S. (1998). No. 971058. Terry Stewart, Director, Arizona Department of Cor- rection, et al., Petitioners v. Kenneth John Falcone. On petition for writ of certiorari to the United States Court of Appeals for the Ninth Cir- cuit. Petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Ninth Circuit for further consideration in light of Monge v. California, 524 U. S. (1998). No. 971777. B. C. Rogers Processors, Inc., et al., Petitioners v. BOC Group, Inc., et al. On petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit. Petition for writ of certio- rari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Eleventh Circuit for further consider- ation in light of Lexecon, Inc. v. Milberg Weiss Bershad Hynes & Ler- ach, 523 U. S. (1998). No. 975760. Billy Delbert Dickey, Petitioner v. United States. On petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Motion of petitioner for leave to proceed in forma pauperis and the petition for writ of certiorari granted. Judgment va- cated, and case remanded to the United States Court of Appeals for the Fifth Circuit for further consideration in light of Lindh v. Murphy, 521 U. S. (1997).

Orders In Pending Cases

No. M82. Darrell K. Berry, Petitioner v. Louisiana Department of Public Safety. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time under Rule 14.5 denied. No. M83. Sylvester Abrams, Petitioner v. Paul Barnett, Warden. Motion to direct the Clerk to file a petition for writ of certiorari out-of- time denied. No. M87. Sammy David Roberts, Petitioner v. Michael L. Moore, Director, South Carolina Department of Corrections, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. 97826. AT&T Corp., et al., Petitioners v. Iowa Utilities Board, et al.; and AT&T Corp., et al., Petitioners v. California, et al.;

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FRIDAY, JUNE 26, 1998 957 No. 97829. MCI Telecommunications Corporation, Petitioner v. Iowa Utilities Board, et al.; and MCI Telecommunications Corporation, Petitioner v. California, et al.; No. 97830. Association for Local Telecommunications Services, et al., Petitioners v. Iowa Utilities Board, et al.; No. 97831. Federal Communications Commission and United States, Petitioners v. Iowa Utilities Board, et al.; and Federal Commu- nications Commission and United States, Petitioners v. California, et al.;No. 971075. Ameritech Corporation, et al., Petitioners v. Federal Communications Commission, et al.; No. 971087. GTE Midwest Incorporated, Petitioner v. Federal Com- munications Commission, et al.; No. 971099. U S West, Inc., Petitioner v. Federal Communications Commission, et al.; and No. 971141. Southern New England Telephone Company, et al., Petitioners v. Federal Communications Commission, et al. Motion of the Solicitor General for divided argument granted. Justice O'Connor took no part in the consideration or decision of this motion. No. 97889. Ceasar Wright, Petitioner v. Universal Maritime Service Corporation, et al. Motion of the Solicitor General for leave to partici- pate in oral argument as amicus curiae and for divided argument granted. No. 97930. Victoria Buckley, Secretary of State of Colorado, Peti- tioner v. American Constitutional Law Foundation, Inc., et al. Motion of Initiative & Referendum Institute for leave to file a brief as amicus curiae granted. Motion of National Voter Outreach, Inc., for leave to file a brief as amicus curiae granted. No. 971130. Wayne K. Pfaff, Petitioner v. Wells Electronics, Inc. Motion of Federal Circuit Bar Association for leave to file a brief as amicus curiae granted. No. 971184. National Federation of Federal Employees, Local 1309, Petitioner v. Department of the Interior, et al.; and No. 971243. Federal Labor Relations Authority, Petitioner v. De- partment of the Interior, et al. Motion of petitioners to dispense with printing the joint appendix granted. No. 971396. Vicky M. Lopez, et al., Appellants v. Monterey County, et al. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted.

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958 FRIDAY, JUNE 26, 1998 No. 971426. Crawford & Company, Petitioner v. Kermith Sonnier. Motion of respondent for attorney fees and costs denied without preju- dice to refiling in the United States Court of Appeals for the Sixth Circuit. No. 971481. Liberty National Life Insurance Company, Petitioner v. Samuel L. Day. Motion of respondent for attorneys' fees and costs denied. Certiorari Granted

No. 971642. Department of the Army, Petitioner v. Blue Fox, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted.

Certiorari Denied

No. 97799. Kimberly B. Ellerth, Petitioner v. Burlington Industries, Inc. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. No. 97801. Yankee Atomic Electric Company, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 97884. Vytautas Gecas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 971278. Inmates of the Suffolk County Jail, et al., Petitioners v. Richard Rouse, Sheriff, Suffolk County, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 971394. Southeastern Maritime Company, et al., Petitioners v. Alonzo Brown, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 971404. Louis Malpeso, aka Bobo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 971440. Clifford F. Gurney, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 971443. Jeffrey Mausolf, et al., Petitioners v. Bruce Babbitt, Secretary of the Interior, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

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FRIDAY, JUNE 26, 1998 959 No. 971444. Russell McLaughlin, Jr., and Mark McLaughlin, Peti- tioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 971535. General Media Communications, Inc., et al., Petitioners v. William S. Cohen, Secretary of Defense, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Cir- cuit denied. No. 971541. Heather Smith, et al., Petitioners v. Metropolitan School District Perry Township, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 971567. American Medical Association, Petitioner v. Practice Management Information Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971578. Hoechst Celanese Corporation, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 971610. Bunker Group, Inc., et al., Petitioners v. United States, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the First Circuit denied. No. 971618. Universal Life Church, Inc., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971635. Government of Honduras, et al., Petitioners v. Hondu- ras Aircraft Registry, Ltd., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 971646. National Environmental Waste Corporation, Petitioner v. City of Riverside; and No. 971810. City of Riverside, Petitioner v. National Environmental Waste Corporation. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971686. Suzanne Cahnmann, etc., Petitioner v. Sprint Corpora- tion. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. No. 971693. Everett Hadix, et al., Petitioners v. Kenneth McGinnis, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 971735. Kimberly Rendish, Petitioner v. City of Tacoma, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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960 FRIDAY, JUNE 26, 1998 No. 971742. Catherine P. Dorsey, Petitioner v. John B. Dorsey. Peti- tion for writ of certiorari to the Superior Court of New Jersey, Appel- late Division, denied. No. 971743. Jerry D. Couch, Petitioner v. Sprint Corporation. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 971745. Juan Barandiaran, et al., Petitioners v. TCW Special Credits, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971747. North Lawrence Community School Corporation, Peti- tioner v. Mary M., Parent and Next Friend for Diane M., A Minor. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 971756. Jeffrey P. Kendall, Petitioner v. Barbara Zeitler Ken- dall. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied. No. 971760. Coastal Petroleum Company, Petitioner v. Lawton Chiles, Governor of Florida, et al. Petition for writ of certiorari to the District Court of Appeal of Florida, First District, denied. No. 971763. Matrix Communications Corporation, Petitioner v. MCI Telecommunications Corporation. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 971764. Rachel Bauchman, by and Through Her Parent and Guardian, Cheryl Bauchman, Petitioner v. West High School, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 971765. Oglebay Norton Company, Petitioner v. Lois E. Jenson, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied. No. 971781. Jessica L. Hayden, Nicole C. Merrill, and Colleen M. Rhoads, Petitioners v. Richard Grayson, etc. Petition for writ of certio- rari to the United States Court of Appeals for the First Circuit denied. No. 971782. Stanley Ma and Shong-Ching Tong, Petitioners v. Mar- tin L. Goetsch, Jennifer Wenger, and Reginald Yates. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Cir- cuit denied. No. 971784. Nelson Egbert, Petitioner v. Judy Reis, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

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FRIDAY, JUNE 26, 1998 961 No. 971785. Shmuel B. Klein, Petitioner v. Grievance Committee for the Ninth Judicial District of New York. Petition for writ of certio- rari to the Court of Appeals of New York denied. No. 971791. New Image Industries, Inc., Petitioner v. High Tech Medical Instrumentation, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 971799. Jan P. Jumonville, et vir, Petitioners v. City of Kenner. Petition for writ of certiorari to the Court of Appeal of Louisiana, Fifth Circuit, denied. No. 971800. Michelle Bazzetta, et al., Petitioners v. Kenneth McGin- nis, Director, Michigan Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971801. Harold S. Pollin, Petitioner v. Oregon Department of Revenue. Petition for writ of certiorari to the Supreme Court of Ore- gon denied. No. 971804. Sue Toth, Petitioner v. Michigan State Housing Devel- opment Authority, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971819. Barbara Lynn Lambing, Petitioner v. Godiva Chocola- tier. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 971827. David L. Smith, Petitioner v. Supreme Court of Colo- rado. Petition for writ of certiorari to the Supreme Court of Colorado denied. No. 971831. Tempie Fortson Worthy, Petitioner v. Collagen Corpo- ration. Petition for writ of certiorari to the Supreme Court of Texas denied. No. 971833. Carol Bialczak, et al., Petitioners v. Richard Barnett, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. No. 971843. Keller Communications, Inc., Petitioner v. Federal Communications Commission. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 971858. Thomas Rowe Schwarz, Petitioner v. Gerald Kogan, Chief Justice, Supreme Court of Florida, and Florida Bar Foundation. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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962 FRIDAY, JUNE 26, 1998 No. 971872. George Arshal, Petitioner v. John H. Dalton, Secretary of the Navy. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971877. Calvin L. Shoemaker, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 971884. Helen Cummings, Petitioner v. Togo West, Secretary of Veterans Affairs. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 971885. Thomas E. Garrity, Petitioner v. Massachusetts. Peti- tion for writ of certiorari to the Appeals Court of Massachusetts denied. No. 971887. Debra C. Vingi, Petitioner v. Rhode Island, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 971907. Claire A. Doucette, Petitioner v. San Diego Unified Port District, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971908. David Chavez-Ramirez, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971913. Stephen P. Sherwood, et ux., Petitioners v. Commis- sioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971932. John Gagliardi and Lee Gagliardi, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 975745. Ricardo R. Sanchez, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 976813. Lionel Peter Chavez, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Ap- pellate District, denied. No. 977420. Michael Patrick Gavin and Ed Clark, Petitioners v. Terry Branstad, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 977558. Swinetta Bentrell Marsh, Petitioner v. Dallas Inde- pendent School District, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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FRIDAY, JUNE 26, 1998 963 No. 977829. Paul A. Blodgett, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 977876. Harrison Butler, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied. No. 977890. Anthony Washington, Petitioner v. Pennsylvania. Peti- tion for writ of certiorari to the Supreme Court of Pennsylvania, East- ern District, denied. No. 977996. Joseph Elliott, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern Dis- trict, denied. No. 978093. Martin M. Woolley, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 978094. Christopher Thomas, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 978097. Arthur Dale Hickey, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 978120. Jacob John Dougan, Jr., Petitioner v. Harry K. Single- tary, Jr., Secretary, Florida Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 978127. Michael Wayne Richard, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 978291. Henry Griffin, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 978361. Tony Tyrone Dixon, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 978382. Robert James Tennard, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 978427. Ray D. Love, Petitioner v. James W. Tippy, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 978470. Glenn Bernard Mann, Petitioner v. Tennessee. Petition for writ of certiorari to the Supreme Court of Tennessee, Western Division, denied. No. 978528. Thomas A. Woodruff, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

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964 FRIDAY, JUNE 26, 1998 No. 978536. Edilberto Salas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 978539. Patrick O'Riley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978580. Bruce Edward Nelson, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 978778. Maria G. Munoz, Petitioner v. City of Martinez, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978794. Jo-Ann G., Petitioner v. Cranston School Committee, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the First Circuit denied. No. 978803. Richard Eugene Hamilton, Petitioner v. Florida. Peti- tion for writ of certiorari to the Supreme Court of Florida denied. No. 978809. Alejandro Madrid, Petitioner v. Charles D. Marshall, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978816. Buford Eugene Shown, Petitioner v. Oklahoma, et al. Petition for writ of certiorari to the Court of Criminal Appeals of Okla- homa denied. No. 978817. Joseph Phillip Smith, Petitioner v. Mack Jarvis, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978819. James Vincent Zankich, Petitioner v. Gordon J. Good- now, Jr. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978820. Darryl Allmond, Petitioner v. William Fauver, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 978821. Kenneth L. Boatwright, Petitioner v. Harry K. Single- tary, Jr., Secretary, Florida Department of Corrections. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 978823. Broderick Wendell Monlyn, Petitioner v. Florida. Peti- tion for writ of certiorari to the Supreme Court of Florida denied.

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FRIDAY, JUNE 26, 1998 965 No. 978834. William V. Ferguson, Petitioner v. Robert Johnson, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 978840. Linda Roberts, Petitioner v. Battelle Memorial Insti- tute. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 978843. Gordon D. Rayborn, Petitioner v. Sherman Hatcher, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978851. Thomas Brooks, Jr., Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. No. 978855. Emanuel Washington, Petitioner v. Service Employees' International Union, Local 50, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 978857. Delbert White, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978866. Leon Franklin, Petitioner v. Joseph F. Mazurkiewicz, Superintendent, State Correctional Institution at Rockview. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 978876. Steven R. Nary, Petitioner v. Michael Hennessey, Sher- iff, San Francisco County, California. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978877. Richard W. Kendrick, Petitioner v. M. E. Gilluhugh, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978938. Malcolm Omawale Abdullah, Petitioner v. Michael W. Moore, Director, South Carolina Department of Corrections, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978953. Bryan Anthony Toles, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. No. 978962. Steven Ayala, Charles Okonkwo, and Howard Pearson, Petitioners v. Hubert Speckard, Superintendent, Groveland Correc- tional Facility, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

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966 FRIDAY, JUNE 26, 1998 No. 978980. Anton D. Meyers, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 978987. Raymond Gene Phenix, Petitioner v. Nevada. Petition for writ of certiorari to the Supreme Court of Nevada denied. No. 979000. Andy Abdeslem, Petitioner v. United States Embassy, Manila, Philippines. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 979002. Heather L. K. Crafton, Petitioner v. John P. Crafton. Petition for writ of certiorari to the Court of Appeals of Oregon denied. No. 979011. Antonio R. Carrillo, et ux., Petitioners v. Arizona, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979020. Darrell Leon Booker, Petitioner v. Kenneth S. Apfel, Commissioner of Social Security. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979042. Paul Howell, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 979063. Duane V. Barcena, Petitioner v. Illinois Department of Public Health, et al. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 979082. John E. Devery, Petitioner v. Donald T. Vaughn, Super- intendent, State Correctional Institution at Graterford, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 979093. Kyle Scott, Petitioner v. New Mexico. Petition for writ of certiorari to the Court of Appeals of New Mexico denied. No. 979102. Raymond Lee Smith, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 979107. Jerome Patrick Lyons, Petitioner v. Tennessee. Petition for writ of certiorari to the Court of Criminal Appeals of Tennessee, Middle Division, denied. No. 979125. Roy Pierce, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979140. Steven Hilt, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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FRIDAY, JUNE 26, 1998 967 No. 979149. Peter Barron Lara, Petitioner v. William Duncan, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979159. Ramon Zamora-Martinez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979162. Helena Culver Fraser, Petitioner v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979174. William Vasquez and Amaury Villalobos, Petitioners v. James Stinson, Superintendent, Great Meadow Correctional Facility, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied. No. 979182. Leonard Bieri, III, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 979183. Zane Brown Hill, Petitioner v. James B. French, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 979186. Freddie Gibbons, Petitioner v. David H. Larkins, Superintendent, State Correctional Institution at Dallas. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 979194. Yraida Leonides Guanipa, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 979199. Daniel Flores-Ochoa, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979200. Stephen C. Thompson, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 979203. Samsur Baksh, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 979204. Craig Richard Clymore, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

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968 FRIDAY, JUNE 26, 1998 No. 979208. Arthur E. Proctor, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979209. Fernando Pena, Petitioner v. United States; and No. 979265. Luis Ferreira, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 979213. Lonnie Snelling, Petitioner v. Housing Authority of St. Louis County, et al. Petition for writ of certiorari to the Court of Ap- peals of Missouri, Eastern District, denied. No. 979214. Jose Silva, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 979218. Corey D. White, Petitioner v. Internal Revenue Serv- ice. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 979220. John Allen Walter, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979221. Steven Cox, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 979223. Gregory Taylor, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 979231. Donald Marutz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979236. Reginald Ervin MacKall, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979246. Leonardo Juarez-Juarez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979247. John E. Corn, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 979249. Eddie Dean Morris, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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FRIDAY, JUNE 26, 1998 969 No. 979250. Thomas Lavell McClain, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979252. Richard Johns, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 979253. Javier Luna-Herrera, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979254. Marvin Junior King, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 979257. Antonio A. Garcia, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979258. Ricardo Gonzalez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 979260. Gerard Gallant, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979261. Edwin Fortes, aka Charles Brookshire, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 979266. Allen E. Horton, aka Mickey Horton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979267. Ronald Wayne Sapp, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979268. Calvin Dean Peters, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 979269. William Rousan, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. No. 979270. Bernard Jiles, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

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970 FRIDAY, JUNE 26, 1998 No. 979271. Gregory Jones, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 979272. J. A. J., a Male Juvenile, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 979277. John Bradford Bond, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 979278. Glenn Howard Cotton, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979279. Eugene Palomo, Petitioner v. Territory of Guam. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979285. Derick Dewayne Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979288. Elton Lee Funches, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 979291. Tony Buck, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979294. Terry Terrell Clipper, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 979301. Brent William Allery, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 979302. Adrian Brito, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979304. Jorge Henriquez Leuro-Rosas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 979305. Robert Lee Winfield, Jr., and Lorenzo Lee Winfield, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

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FRIDAY, JUNE 26, 1998 971 No. 979313. Edward Johnson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 979314. Gary Modrak, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 979316. Odell Harmon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979319. Alberto Sust, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 979326. John Dolenc, Petitioner v. David Demore. Petition for writ of certiorari to the Commonwealth Court of Pennsylvania denied. No. 979332. Angela Dawn Shannon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979333. David Omar Sarraulte, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 979335. Yolanda Andrade, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979343. Jose Hernandez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 979388. Scott F. Frohwirth, Petitioner v. Marianne A. Cooke, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 971144. United States, Petitioner v. Norman Lee Ooley, Jr. Mo- tion of respondent for leave to proceed in forma pauperis granted Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971630. Laura Melendez, Petitioner v. Metropolitan Life Insur- ance Company. Motion of Citizen Action of New York, et al., for leave to file a brief as amici curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 971773. Theis Research, Inc., Petitioner v. Octel Communica- tions Corporation and Northern Telecom, Inc. Motion of Intellectual

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972 FRIDAY, JUNE 26, 1998 Property Creators, et al., for leave to file a brief as amici curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the the Federal Circuit denied. No. 978837. Kevin Cooper, Petitioner v. Arthur Calderon, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit before judgment denied.

Habeas Corpus Denied

No. 971952. In Re Arthur Arlo Hayden, Jr., Petitioner. Petition for writ of habeas corpus denied.

Mandamus Denied

No. 978490. In Re Otis Rudd, Petitioner; No. 978802. In Re Terry Snyder, Steve Isbell, Randy Snyder, and Richard Bradley, Petitioners; No. 978861. In Re Roberto Baez, Petitioner; No. 978928. In Re Lester M. Ayars, Petitioner; and No. 979237. In Re Alexander Ifeanyi Ijemba, Petitioner. Petitions for writs of mandamus denied.

Prohibition Denied

No. 971789. In Re Charles A. Eidson, Petitioner; and No. 978864. In Re Rolf Betka, Petitioner. Petitions for writs of prohibition denied. Rehearings Denied

No. 971494. Michael Greb and Charles J. Reighard, Petitioners v. General Motors Corporation; No. 971533. Ernest McDuffie, III, dba D & M Contracting Com- pany, Petitioner v. First Union National Bank; No. 971540. David Walker, Petitioner v. Michigan Public Service Commission, et al.; No. 977568. Robert Michael Shaw, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division; No. 977841. In Re David McDowell Robinson, Petitioner; No. 978141. Scott A. Cuthbert, Petitioner v. District Court of Ap- peal of Florida, Fifth District, et al.; and No. 978525. In Re Alvin Washington, Petitioner. Petitions for re- hearing denied.

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FRIDAY, JUNE 26, 1998 973 No. 97885. Paul J. Engelhart, et al., Petitioners v. Consolidated Rail Corporation, et al.; and No. 971527. Lance E. Ruck, Petitioner v. United Transportation Union, Executive Board, et al. Motions for leave to file petitions for rehearing denied.

Attorney Discipline No. D1933. In the Matter of Disbarment of Thomas Ewing Phillips. Disbarment order entered. No. D1936. In the Matter of Disbarment of Michael Ira Greer. Dis- barment order entered. No. D1938. In the Matter of Disbarment of Seth R. Rotter. Disbar- ment order entered. No. D1939. In the Matter of Disbarment of Eugene J. Irons. Disbar- ment order entered. No. D1942. In the Matter of Disbarment of Ephraim Collins. Dis- barment order entered. No. D1943. In the Matter of Disbarment of Stanley Lewis Kantor. Further consideration of the Rule to Show Cause deferred. No. D1944. In the Matter of Disbarment of Sylvia E. Hall. Disbar- ment order entered. No. D1946. In the Matter of Disbarment of Howard Earl Blumen- thal. Disbarment order entered. No. D1947. In the Matter of Disbarment of Stanley Michael Krupa. Disbarment order entered. No. D1951. In the Matter of Disbarment of Robert A. Breeze. Dis- barment order entered. No. D1965. In the Matter of Michael Sweig Mendelson. Michael Sweig Mendelson, of Chicago, Illinois, 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 the practice of law before this Court. The Rule to Show Cause, issued on June 15, 1998, is discharged. No. D1972. In the Matter of Disbarment of Douglas James Hynes. Douglas James Hynes, of Farmingdale, New York, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1973. In the Matter of Disbarment of Fredrick S. Falick. Fredrick S. Falick, of Middletown, New York, is suspended from the

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974 FRIDAY, JUNE 26, 1998 practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

Recess Order The Court will take a recess from today until the first Monday in October, 1998, at which time the October 1997 Term will adjourn. Justice Stevens said: "I am authorized to announce that the Court has acted upon all cases submitted to the Court for decision. Accordingly, it is ordered that those cases remaining on the docket, but not ready for consideration, are continued to the session of the Court beginning October 5, 1998. The Court will be in recess from today until the first Monday in Octo- ber, 1998, at which time the October 1997 Term of the Court will be adjourned and the October 1998 Term of the Court will begin as pro- vided by statute. "The members of the Court thank all of the Supreme Court staff for their outstanding work and their continued devotion to duty during this Term. The Court, the Bar, and the public recognize the diligent work, commitment, and professionalism of the Court staff. The fine work done by the Court staff contributes significantly to the accom- plishment of the Court's mission."

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(JOURNAL) WEDNESDAY, JULY 8, 1998 975 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Certiorari Denied No. 985116. Wilburn A. Henderson, Petitioner v. Larry Norris, Di- rector, Arkansas Department of Correction. Application for stay of ex- ecution of sentence of death presented to Justice Thomas and by him referred to the Court denied. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

Habeas Corpus Denied No. 985117. In Re Wilburn A. Henderson, Petitioner. Application for stay of execution of sentence of death presented to Justice Thomas and by him referred to the Court denied. Petition for writ of habeas corpus denied. Justice Stevens and Justice Breyer would grant the ap- plication for stay of execution.

Order in Pending Case No. A33 (O. T. 1998). Wilburn A. Henderson, Applicant v. Larry Norris, Director, Arkansas Department of Correction, et al. Applica- tion for stay of execution of sentence of death presented to Justice Thomas and by him referred to the Court denied.

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(JOURNAL) FRIDAY, JULY 10, 1998 977 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Rehearing Denied No. 978791. John H. Plath, Petitioner v. Michael W. Moore, Director, South Carolina Department of Corrections, et al. Application for stay of execution of sentence of death addressed to The Chief Justice and by him referred to the Court denied. Petition for rehearing denied.

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(JOURNAL) MONDAY, JULY 13, 1998 979 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Habeas Corpus Denied No. 985201. In Re Thomas M. Thompson, Petitioner. Application for stay of execution of sentence of death presented to Justice O'Connor and by her referred to the Court denied. Petition for writ of habeas corpus denied.

Mandamus Denied No. 985202. In Re Thomas M. Thompson, Petitioner. Application for stay of execution of sentence of death presented to Justice O'Connor and by her referred to the Court denied. Petition for writ of manda- mus denied.

Certiorari Denied No. 985203. Thomas M. Thompson, Petitioner v. Arthur Calderon, Warden. Application for stay of execution of sentence of death pre- sented to Justice O'Connor and by her referred to the Court denied. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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(JOURNAL) WEDNESDAY, JULY 22, 1998 981 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Certiorari Denied No. 985284. Danny Lee King, Petitioner v. Fred W. Greene, War- den. Application for stay of execution of sentence of death presented to The Chief Justice and by him referred to the Court denied. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Stevens and Justice Ginsburg would grant the application for stay of execution.

Orders In Pending Cases No. A300. Roland Felix Eyoum, Applicant v. Immigration and Nat- uralization Service. Application for bail addressed to Justice Stevens and referred to the Court denied. No. 97-1856. Eugenie Parnar, Petitioner v. John A. Chanin Law Of- fices. Application for stay addressed to The Chief Justice and referred to the Court denied.

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(JOURNAL) TUESDAY, JULY 28, 1998 983 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Order in Pending Case No. A71 (O. T. 1998). Amsterdam Video, Inc., Applicant v. City of New York, et al. Application for stay presented to Justice Stevens and by him referred to the Court denied.

Rehearings Denied No. 120, Original. State of New Jersey, Plaintiff v. State of New York; No. 961693. Frank X. Hopkins, Warden, Petitioner v. Randolph K. Reeves; and No. 969142. Randolph K. Reeves, Petitioner v. Frank X. Hopkins, Warden; No. 961829. Montana, et al., Petitioners v. Crow Tribe of Indians, et al. No. 97391. Arthur Calderon, Warden, et al., Petitioners v. Troy A. Ashmus, etc.; No. 971267. Professional Pilots Federation, et al., Petitioners v. Federal Aviation Administration; No. 971407. Thomas L. Falkenberry, Petitioner v. Joyce K. Taylor; No. 971566. Beverly Deteresa, Petitioner v. American Broadcasting Companies, Inc., et al.; No. 971600. Monika F. Bayer, Petitioner v. Stanford University School of Medicine/Medical Center, et al.; No. 971622. Cliff Greene, Petitioner v. Citibank, N.A., et al.; No. 971640. James A. Hinchliffe and Yong Sun Hinchliffe, Petition- ers v. Prudential Home Mortgage Company, Inc.; No. 971643. Eugene Phillips, et al., Petitioners v. City of Harvey, et al.; No. 971654. Jonas Weissman, Petitioner v. Cohn, Lifland, Perlman, Hermann & Knopf, et al.; No. 976657. Lawan Denise Brown, Petitioner v. Robert E. Rubin, Secretary of the Treasury;

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984 TUESDAY, JULY 28, 1998 No. 977583. James Meredith Whitaker, Jr., Petitioner v. Nancy Page Whitaker, et al.; No. 977729. Arthur C. Kreiger, II, Petitioner v. Virginia; No. 977863. Charles Villacres, Petitioner v. Matthew C. Kramer, Warden, et al.; No. 977865. Timothy E. White, Petitioner v. James E. McMillan, et al.; No. 977873. Timothy Edward White, Petitioner v. James E. McMil- lan, et al.; No. 977878. Alonzo Diego Fuller, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division; No. 977883. James DeWig, Petitioner v. Terry L. Stewart, Director, Arizona Department of Correction, et al.; No. 977945. Jessie D. McDonald, Petitioner v. Tennessee; No. 978082. Juan C. Baruch, Petitioner v. George A. Smith, Warden, et al.; No. 978123. Peter Paul Walkoviak, Petitioner v. District Court of Texas, Harris County; No. 978186. In Re Jack Stein, Petitioner; No. 978202. In Re Michael Kennedy, Petitioner; No. 978235. In Re Clifford A. Doyle, Petitioner; No. 978240. Frederick M. Dever, Jr., Petitioner v. Ohio; No. 978244. Donald Gaerttner, Petitioner v. William Love, et al.; No. 978263. Neal Franklin Hesterlee, Petitioner v. Truett Good- win, Warden; No. 978304. In Re Ida Mae Williams Lewis, Petitioner; No. 978341. Kenneth E. Williams, Petitioner v. Michael W. Moore, Director, South Carolina Department of Corrections, et al.; No. 978358. Earnest A. Darden, Petitioner v. Alameda County Net- work of Mental Health Clients, et al.; No. 978379. Lester Warren Carter, Jr., Petitioner v. Joseph Curran, Jr., Attorney General of Maryland, et al.; No. 978385. Billy Daniel Raulerson, Petitioner v. Georgia; No. 978402. Pearl Bernard, Petitioner v. New York City Health and Hospital Corporation; No. 978422. Renaud Belhomme, Petitioner v. Sheila E. Widnall, Secretary of the Air Force; No. 978452. Allen Lee Davis, Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections; No. 978492. Andrew J. Johnson, Petitioner v. Wyoming; No. 978522. In Re Vincent F. Rivera, Petitioner;

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TUESDAY, JULY 28, 1998 985 No. 978534. Steve Tataii, Petitioner v. Benjamin J. Cayetano; No. 978544. Carmelita D. Viray, Petitioner v. Donald Steuer; No. 978574. Wojciech Marian Turkowski, Petitioner v. William J. Clinton, President of the United States, et al.; No. 978594. Nathaniel Swint, Petitioner v. United States; No. 978659. Jeffrey John McQuown, Petitioner v. Safeway, Incorporated; No. 978666. Bernadette A. Ricketts, Petitioner v. Department of the Air Force; No. 978685. Timothy Ray Schleeper, Petitioner v. Missouri; No. 978692. Jeffrey John McQuown, Petitioner v. Safeway, Incorporated; No. 978709. Bobby Blackmon, Petitioner v. David Poindexter, War- den, et al.; No. 978711. Madeline Rawles, Petitioner v. Alexander Herzog, et al.;No. 978735. In Re Donald Flynn, Petitioner; No. 978753. Samantha Kennedy, Petitioner v. Paramount Pictures Corporation, et al.; No. 978777. Michael Norwood, Petitioner v. United States; and No. 978931. In Re Richard C. Bell, Petitioner. Petitions for rehear- ing denied. Attorney Discipline

No. D1923. In the Matter of Disbarment of Richard Miles McGo- wen. Disbarment order entered. No. D1932. In the Matter of Disbarment of Barry L. Taub. Disbar- ment order entered. No. D1945. In the Matter of Disbarment of Thomas Herbert San- born. Disbarment order entered. No. D1949. In the Matter of Disbarment of Stanley Marvin Meyer. Disbarment order entered. No. D1950. In the Matter of Disbarment of Jeffrey V. Boxer. Dis- barment order entered. No. D1953. In the Matter of Disbarment of Clayton A. Chittim, Jr. Disbarment order entered. No. D1955. In the Matter of Disbarment of David Howerton Bow- den. Disbarment order entered. No. D1957. In the Matter of Disbarment of Ronald G. Maurice. Disbarment order entered.

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986 TUESDAY, JULY 28, 1998 No. D1959. In the Matter of Disbarment of Paul J. Warkow. Disbar- ment order entered. No. D1974. In the Matter of Disbarment of David P. Brauer. David P. Brauer, of Dover, Massachusetts, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1975. In the Matter of Disbarment of Michael Gary Rose. Michael Gary Rose, of Valley Stream, New York, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1976. In the Matter of Disbarment of James T. Kalyvas. James T. Kalyvas, of Sarasota, Florida, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1977. In the Matter of Disbarment of Paul Duane Priamos. Paul Duane Priamos, of Cerritos, California, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1978. In the Matter of Disbarment of Winston J. Bridge. Win- ston J. Bridge, of North Port, Florida, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1979. In the Matter of Disbarment of Alan Franklyn Post. Alan Franklyn Post, of Bethesda, Maryland, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1980. In the Matter of Disbarment of Thomas M. Foley. Thomas M. Foley, of Honolulu, Hawaii, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1981. In the Matter of Disbarment of Thomas Michael Utter- back. Thomas Michael Utterback, of Leslie, Missouri, is suspended from the practice of law in this Court, and a rule will issue, returnable

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TUESDAY, JULY 28, 1998 987 within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1982. In the Matter of Disbarment of Linsey Moore. Linsey Moore, of Jacksonville, Florida, is suspended from the practice of law in this Court and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1983. In the Matter of Disbarment of Richard M. Plato. Rich- ard M. Plato, of Baytown, Texas, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

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(JOURNAL) WEDNESDAY, AUGUST 12, 1998 989 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Rehearings Denied

No. 971278. Inmates of the Suffolk County Jail, et al., Petitioners v. Richard Rouse, Sheriff, Suffolk County, et al.; No. 971440. Clifford F. Gurney, et al., Petitioners v. United States; No. 971529. Sadie L. Campbell, Petitioner v. United States; No. 971619. Ira Gangopadhyay, Petitioner v. Nirmal K. Gangopadhyay; No. 971714. Theodore P. Coates, Petitioner v. Kenneth M. Seaton; No. 971724. James Hunt Barker, Petitioner v. Mary Jo Leeds, et al.; No. 971742. Catherine P. Dorsey, Petitioner v. John B. Dorsey; No. 971773. Theis Research, Inc., Petitioner v. Octel Communica- tions Corporation and Northern Telecom, Inc.; No. 971784. Nelson Egbert, Petitioner v. Judy Reis, et al.; No. 971827. David L. Smith, Petitioner v. Supreme Court of Colorado; No. 971854. Joan Godwin Pierson, Petitioner v. Wilshire Terrace Corporation; No. 971860. Robert W. Kearns, Petitioner v. Wood Motors, Inc., et al.; No. 975745. Ricardo R. Sanchez, Petitioner v. United States; No. 976791. Peter P. Nghiem, Petitioner v. Toshiba America Elec- tronic Components, Inc.; No. 977946. Carmelita D. Viray, Petitioner v. Beneficial California, Inc., et al.; No. 977988. Monty Ray Haynes, Petitioner v. Dennis J. Kepka, et al.;No. 978029. Linda Lee Mason-Neubarth, Petitioner v. Dameron Hospital Association; No. 978120. Jacob John Dougan, Jr., Petitioner v. Harry K. Single- tary, Jr., Secretary, Florida Department of Corrections, et al.; No. 978236. Betty J. Dumas, Petitioner v. Illinois; No. 978246. Moshe Rothman, Petitioner v. University of Massachu- setts Medical Center;

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990 WEDNESDAY, AUGUST 12, 1998 No. 978288. Linda Carole Billemeyer, Petitioner v. Missouri, et al.; No. 978310. Richard Robert Johnson, Petitioner v. David Crist, Warden; No. 978355. Ulysses Jackson, Jr., Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections; No. 978519. Clarence Dixon, Petitioner v. Terry L. Stewart, Direc- tor, Arizona Department of Correction, et al.; No. 978530. John Laessig, Petitioner v. Donald T. Vaughn, Superin- tendent, State Correctional Institution at Graterford, et al.; No. 978533. Michael H. Nowik, Petitioner v. North Dakota, et al.; No. 978570. Dennis R. Cookish, Petitioner v. New Hampshire; No. 978572. Richard M. Father, Petitioner v. Boeing Company, et al.;No. 978578. In Re John Bradin, Petitioner; No. 978587. Anthony Sancho, Petitioner v. United States; No. 978605. Jose I. Adames, Petitioner v. Elizabeth Batista, et al.; No. 978617. In Re Brad Sidles, Petitioner; No. 978690. Myrle V. King, Petitioner v. Thomas J. Adamson, et al.; No. 978695. Matthew Joseph Sikora, Jr., Petitioner v. Alan Higley, Associate Warden; No. 978704. Alfred Peter Harms, Petitioner v. United States; No. 978710. In Re Leonard Crooms, Petitioner; No. 978733. Parnell Seaton, Petitioner v. Michigan; and Parnell Seaton, Petitioner v. Michigan; No. 978806. James Jackson, Petitioner v. West Virginia, et al.; No. 978818. Richard Delbert Blair, Petitioner v. Frank Thompson, Superintendent, Oregon State Penitentiary; No. 978838. Israel Carter, Jr., Petitioner v. United States; No. 978840. Linda Roberts, Petitioner v. Battelle Memorial Institute; No. 978846. Drew M. Pizzo, Petitioner v. Louisiana; No. 978864. In Re Rolf Betka, Petitioner; No. 978907. Reuben E. DeLoach, Petitioner v. General Dynamics Corporation; No. 979033. Diosdado Rosendo Valdes, Petitioner v. United States; No. 979182. Leonard Bieri, III, Petitioner v. United States; and No. 979237. In Re Alexander Ifeanyi Ijemba, Petitioner. Petitions for rehearing denied. No. 97679. American Telephone and Telegraph Company, Petitioner v. Central Office Telephone, Inc. Petition for rehearing denied. Justice O'Connor took no part in the consideration or decision of this petition.

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WEDNESDAY, AUGUST 12, 1998 991 No. 971770. Longinus Yen, Petitioner v. National Labor Relations Board, et al. Motion of petitioner for leave to proceed further herein in forma pauperis granted. Petition for rehearing denied. No. 978287. Barry Ceminchuk, Petitioner v. William S. Cohen, Sec- retary of Defense, et al.; and No. 978434. Andrew Grant DeYoung, Petitioner v. Georgia. Motions for leave to file a petition for rehearing denied.

Attorney Discipline No. D1971. In the Matter of Peter J. Toth. Peter J. Toth, of Burling- ton, New Jersey, 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 the practice of law before this Court. The Rule to Show Cause, issued on June 22, 1998, is discharged.

Order In Pending Case No. 977597. Patrick Knowles, Petitioner v. Iowa. Motion of respond- ent to dismiss the writ of certiorari as improvidently granted denied.

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(JOURNAL) THURSDAY, AUGUST 13, 1998 993 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Order In Pending Case

No. 971472. Michael Haddle, Petitioner v. Jeanette Garrison, et al. Motion of respondents to dismiss the writ of certiorari as improvi- dently granted denied.

Attorney Discipline

No. D1948. In the Matter of Disbarment of David H. Perlman. Dis- barment order entered. No. D1963. In the Matter of Disbarment of James Warner Marshall. Disbarment order entered. No. D1964. In the Matter of Disbarment of James Ryan Green. Disbarment order entered. No. D1967. In the Matter of Disbarment of J. Larkin Pahl. Disbar- ment order entered. No. D1969. In the Matter of Disbarment of Steven J. Barkin. Dis- barment order entered. No. D1980. In the Matter of Thomas M. Foley. Thomas M. Foley, of Honolulu, Hawaii, 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 the practice of law before this Court. The Rule to Show Cause, issued on July 28, 1998, is discharged. No. D1984. In the Matter of Disbarment of Richard LeRoy Turner. Richard LeRoy Turner, of Susanville, California, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1985. In the Matter of Disbarment of Richard John Drew. Richard John Drew, of Flint, Michigan, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

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994 THURSDAY, AUGUST 13, 1998 No. D1986. In the Matter of Disbarment of Obie Pinckney, Jr. Obie Pinckney, Jr., of Washington, D. C., is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1987. In the Matter of Disbarment of Leonard J. Angelo. Leonard J. Angelo, of Westhampton, New York, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

Habeas Corpus Denied No. 985619. In Re Zane Brown Hill, Petitioner. Application for stay of execution of sentence of death presented to The Chief Justice and by him referred to the Court denied. Petition for writ of habeas cor- pus denied.

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(JOURNAL) MONDAY, AUGUST 17, 1998 995 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Certiorari-Summary Disposition No. 971620. James M. Seif, Secretary, Pennsylvania Department of Environmental Protection, et al., Petitioners v. Chester Residents Concerned For Quality Living, et al. On writ of certiorari to the United States Court of Appeals for the Third Circuit. Judgment vacated, and case remanded to the United States Court of Appeals for the Third Circuit with instructions to dismiss in light of United States v. Mun- singwear, Inc., 340 U. S. 36 (1950).

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(JOURNAL) WEDNESDAY, AUGUST 19, 1998 997 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Certiorari Denied No. 985562. Lance Antonio Chandler, Petitioner v. Fred W. Greene, Warden. Application for stay of execution of sentence of death pre- sented to The Chief Justice and by him referred to the Court denied. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Stevens and Justice Ginsburg would grant the application for stay of execution.

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(JOURNAL) WEDNESDAY, AUGUST 26, 1998 999 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Certiorari Denied No. 985331. Genaro Ruiz Camacho, Jr., Petitioner v. Gary L. John- son, Director, Texas Department of Criminal Justice, Institutional Di- vision. Application for stay of execution of sentence of death presented to Justice Scalia and by him referred to the Court denied. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Stevens and Justice Ginsburg would grant the application for stay of execution.

Order In Pending Case No. A173. Genaro Ruiz Camacho, Jr., Applicant v. Texas. Applica- tion for stay of execution of sentence of death presented to Justice Scalia and by him referred to the Court denied. Justice O'Connor took no part in the consideration or decision of this application.

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(JOURNAL) THURSDAY, AUGUST 27, 1998 1001 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Orders In Pending Cases No. 97475. El Al Israel Airlines, Ltd., Petitioner v. Tsui Yuan Tseng. Motion of Air Transport Association of America for leave to file a brief as amicus curiae granted. Motion of International Air Trans- port Association for leave to file a brief as amicus curiae granted. No. 97930. Victoria Buckley, Secretary of State of Colorado, Peti- tioner v. American Constitutional Law Foundation, Inc., et al. Motion of American Civil Liberties Union, et al., for leave to file a brief as amici curiae granted. Motion of Kerry S. Hada, Esquire, to permit Paul Grant, Esquire, to present oral argument pro hac vice denied. Motion of respondents for divided argument denied. Motion of respond- ent Bill Orr for leave to file supplemental brief granted. No. 971121. City of Chicago, Petitioner v. Jesus Morales, et al. Mo- tion of Ohio, et al., for leave to participate in oral argument as amici curiae and for divided argument denied. No. 971130. Wayne K. Pfaff, Petitioner v. Wells Electronics, Inc. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted. No. 971147. Minnesota, Petitioner v. Wayne Thomas Carter; and Minnesota, Petitioner v. Melvin Johns. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted. No. 971418. Bank of America National Trust and Savings Associa- tion, Petitioner v. 203 North LaSalle Street Partnership. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted. No. 971230. City of West Covina, Petitioner v. Lawrence Perkins, et al. Motion of National League of Cities, et al., for leave to file a brief as amici curiae granted.

Attorney Discipline No. D1972. In the Matter of Disbarment of Douglas James Hynes. Disbarment order entered.

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1002 THURSDAY, AUGUST 27, 1998 No. D1974. In the Matter of David P. Brauer. David P. Brauer, of Dover, Massachusetts, 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 the practice of law before this Court. The Rule to Show Cause, issued on July 28, 1998, is discharged. No. D1988. In the Matter of Disbarment of Walter J. Price, Jr. Wal- ter J. Price, Jr., of Huntsville, Alabama, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

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(JOURNAL) FRIDAY, AUGUST 28, 1998 1003 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Certiorari Denied No. 985761. Johnile L. DuBois, Petitioner v. Fred W. Greene, War- den. Application for stay of execution of sentence of death presented to The Chief Justice and by him referred to the Court denied. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Justice Stevens and Justice Ginsburg would grant the application for stay of execution.

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(JOURNAL) MONDAY, AUGUST 31, 1998 1005 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Certiorari Denied No. 985420. Delbert Boyd Teague, Jr., Petitioner v. Gary L. John- son, Director, Texas Department of Criminal Justice, Institutional Di- vision. Application for stay of execution of sentence of death presented to Justice Scalia and by him referred to the Court denied. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Stevens and Justice Ginsburg would grant the application for stay of execution.

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(JOURNAL) WEDNESDAY, SEPTEMBER 9, 1998 1007 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Orders In Pending Cases No. 961570. NYNEX Corporation, et al., Petitioners v. Discon, In- corporated. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted to be divided as follows: petitioners-25 minutes; respondent-25 min- utes; the Solicitor General-10 minutes. No. 97303. Humana Inc., et al., Petitioners v. Mary Forsyth, et al. Motion of Alliance of American Insurers, et al., for leave to file a brief as amici curiae granted. Motion of Consumer Credit Insurance Associ- ation for leave to file a brief as amicus curiae granted. No. 97475. El Al Israel Airlines, Ltd., Petitioner v. Tsui Yuan Tseng. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted. No. 971235. City of Monterey, Petitioner v. Del Monte Dunes at Monterey, Ltd., and Monterey-Del Monte Dunes Corporation. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted. No. 971184. National Federation of Federal Employees, Local 1309, Petitioner v. Department of the Interior, et al.; and No. 971243. Federal Labor Relations Authority, Petitioner v. De- partment of Interior, et al. Motion of petitioner National Federation of Federal Employees, Local 1309 for divided argument granted to be divided as follows: Federal Labor Relations Authority-20 minutes; National Federation of Federal Employees, Local 1309-10 minutes. No. 971230. City of West Covina, Petitioner v. Lawrence Perkins, et al. Motion of Ohio for leave to participate in oral argument as ami- cus curiae and for divided argument granted. No. 971337. Minnesota, et al., Petitioners v. Mille Lacs Band of Chippewa Indians, et al. Motion of Pacific Legal Foundation for leave to file a brief as amicus curiae granted. No. 971396. Vicky M. Lopez, et al., Appellants v. Monterey County, et al. Motion of Pacific Legal Foundation for leave to file a brief as amicus curiae granted.

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1008 WEDNESDAY, SEPTEMBER 9, 1998 No. 971472. Michael A. Haddle, Petitioner v. Jeanette G. Garrison, et al. Motion of Lawyers Committee for Civil Rights Under Law for leave to file a brief as amicus curiae granted. Motion of National Em- ployment Lawyers Association, et al., for leave to file a brief as amici curiae granted. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted.

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(JOURNAL) THURSDAY, SEPTEMBER 10, 1998 1009 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Appeal-Jurisdiction Noted No. 98404. Department of Commerce, et al., Appellants v. United States House of Representatives, et al. Motion of parties to expedite consideration and to expedite briefing schedule granted. In this case probable jurisdiction noted. Briefs of appellants and intervenor- respondents to be filed with the Clerk and served upon opposing coun- sel on or before 3 p.m., Tuesday, October 6, 1998. Briefs of appellees to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, November 3, 1998. Reply briefs, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tues- day, November 17, 1998. Rule 29.2 does not apply. Oral argument set for Monday, November 30, 1998.

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(JOURNAL) MONDAY, SEPTEMBER 14, 1998 1011 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Order in Pending Case No. A31. Robert Ellis, Applicant v. Illinois. Application for stay addressed to Justice Breyer and referred to the Court denied.

Order in Pending Case No. 985864. Tommy David Strickler, Petitioner v. Fred W. Greene, Warden. Application for stay of execution of sentence of death pre- sented to The Chief Justice and by him referred to the Court granted pending disposition of the petition for writ of certiorari. Should the petition for writ of certiorari be denied, this stay shall terminate auto- matically. In the event the petition for writ of certiorari is granted, the stay shall continue pending the sending down of the judgment of this Court.

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(JOURNAL) FRIDAY, SEPTEMBER 18, 1998 1013 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Certiorari Denied No. 986020. Kenneth Manuel Stewart, Jr., Petitioner v. Ronald G. Angelone, Director, Virginia Department of Corrections. Application for stay of execution of sentence of death presented to The Chief Jus- tice and by him referred to the Court denied. Petition for writ of certio- rari to the United States Court of Appeals for the Fourth Circuit de- nied. Justice Stevens and Justice Ginsburg would grant the application for stay of execution.

Certiorari Denied No. 986021. Kenneth Manuel Stewart, Jr., Petitioner v. Virginia, et al. Application for stay of execution of sentence of death presented to The Chief Justice and by him referred to the Court denied. Petition for writ of certiorari to the Supreme Court of Virginia denied.

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(JOURNAL) TUESDAY, SEPTEMBER 22, 1998 1015 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Certiorari Denied No. 985650. David Allen Castillo, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Application for stay of execution of sentence of death presented to Justice Scalia and by him referred to the Court denied. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Stevens and Justice Ginsburg would grant the application for stay of execution.

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(JOURNAL) FRIDAY, SEPTEMBER 25, 1998 1017 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Certiorari Denied No. 986114. Sammy D. Roberts, Petitioner v. Michael W. Moore, Director, South Carolina Department of Corrections, et al. Application for stay of execution of sentence of death presented to The Chief Jus- tice and by him referred to the Court denied. Petition for writ of certio- rari to the Supreme Court of South Carolina denied.

Order in Pending Case No. A234. City of Grenada, Mississippi, et al., Applicants v. Louise Hubbard, et al. Application for stay pending appeal presented to Jus- tice Scalia and by him referred to the Court denied.

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(JOURNAL) TUESDAY, SEPTEMBER 29, 1998 1019 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer.

Appeal-Jurisdiction Noted No. 9885. James B. Hunt, Jr., Governor of North Carolina, et al., Appellants v. Martin Cromartie, et al. Appeal from the United States District Court for the Eastern District of North Carolina. In this case probable jurisdiction noted. Brief of appellants to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, November 10, 1998. Brief of appellees to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, December 8, 1998. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, December 29, 1998. Rule 29.2 does not apply.

Certiorari Granted No. 97843. Aurelia Davis, as Next Friend of LaShonda D., Peti- tioner v. Monroe County Board of Education, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Cir- cuit granted limited to Question 1 presented by the petition. Brief of petitioner to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, November 10, 1998. Brief of respondents to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, December 8, 1998. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, December 29, 1998. Rule 29.2 does not apply. No. 971625. California Dental Association, Petitioner v. Federal Trade Commission. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted. Brief of petitioner to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, November 10, 1998. Brief of respondent to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, December 8, 1998. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, December 29, 1998. Rule 29.2 does not apply. No. 971732. California Public Employees' Retirement System, et al., Petitioners v. Paul Felzen, et al. Petition for writ of certiorari to

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1020 TUESDAY, SEPTEMBER 29, 1998 the United States Court of Appeals for the Seventh Circuit granted limited to Question 1 presented by the petition. Brief of petitioners to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, November 10, 1998. Brief of respondents to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, December 8, 1998. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, December 29, 1998. Rule 29.2 does not apply. Justice O'Connor took no part in the consideration or decision of this petition. No. 972000. American Manufacturers Mutual Insurance Company, et al., Petitioners v. Delores Scott Sullivan, et al. Motion of National Association of Waterfront Employers, et al., for leave to file a brief as amici curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit granted. Brief of petition- ers to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, November 10, 1998. Brief of respondents to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, December 8, 1998. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, December 29, 1998. Rule 29.2 does not apply. No. 972044. United States, Petitioner v. Haggar Apparel Company. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit granted. Brief of petitioner to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, November 10, 1998. Brief of respondent to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, December 8, 1998. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, December 29, 1998. Rule 29.2 does not apply. No. 972045. South Central Bell Telephone Company, et al., Petition- ers v. Alabama, et al. Motion of AlliedSignal, Inc., et al., for leave to file a brief as amici curiae granted. Motion of Committee on State Taxation for leave to file a brief as amicus curiae granted. Petition for writ of certiorari to the Supreme Court of Alabama granted limited to Questions 1 and 2 presented by the petition. Brief of petitioners to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, November 10, 1998. Brief of respondents to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tues- day, December 8, 1998. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, Decem- ber 29, 1998. Rule 29.2 does not apply.

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TUESDAY, SEPTEMBER 29, 1998 1021 No. 979217. Manuel DeJesus Peguero, Petitioner v. United States. Motion of petitioner for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit granted. Brief of petitioner to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, November 10, 1998. Brief of respondent to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, December 8, 1998. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, December 29, 1998. Rule 29.2 does not apply. No. 9818. Joseph G. Brooker, Petitioner v. Durocher Dock and Dredge, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit granted. Brief of petitioner to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, November 10, 1998. Brief of respondents to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tues- day, December 8, 1998. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, Decem- ber 29, 1998. Rule 29.2 does not apply. No. 9884. National Collegiate Athletic Association, Petitioner v. R. M. Smith. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit granted. Brief of petitioner to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, November 10, 1998. Brief of respondent to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, December 8, 1998. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, December 29, 1998. Rule 29.2 does not apply. No. 9897. Eloise Anderson, Director, California Department of So- cial Services, et al., Petitioners v. Brenda Roe and Anna Doe, etc. Mo- tion of United States Justice Foundation, et al., for leave to file a brief as amici curiae granted. Motion of Washington Legal Foundation, et al., for leave to file a brief as amici curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted. Brief of petitioners to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, November 10, 1998. Brief of respondents to be filed with the Clerk and served upon oppos- ing counsel on or before 3 p.m., Tuesday, December 8, 1998. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, December 29, 1998. Rule 29.2 does not apply.

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1022 TUESDAY, SEPTEMBER 29, 1998 No. 98184. Wyoming, Petitioner v. Sandra Houghton. Motion of re- spondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the Supreme Court of Wyoming granted. Brief of petitioner to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, November 10, 1998. Brief of respondent to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, December 8, 1998. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, December 29, 1998. Rule 29.2 does not apply.

Certiorari Denied No. 986139. Javier Cruz, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Applica- tion for stay of execution of sentence of death presented to Justice Scalia and by him referred to the Court denied. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Stevens and Justice Ginsburg would grant the applica- tion for stay of execution.