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OCTOBER TERM 1998

Reference Index Contents: Page

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

(I)

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II

STATISTICS AS OF JUNE 24, 1999

In Forma Paid Original Pauperis Total Cases Cases

Number of cases on docket..................... 7 2387 5689 8083 Cases disposed of...................................... 2 2066 4947 7015

Remaining on docket ............. 5 321 742 1068

Cases docketed during term: Paid cases............................................................................................ 2061 In forma pauperis cases.................................................................. 5047 Original cases ..................................................................................... 1 Total ..................................................................................................... 7109 Cases remaining from last term ............................................................... 974 Total cases on the docket........................................................................... 8083 Cases disposed of......................................................................................... 7015 Number remaining on docket.................................................................... 1068 Petitions for certiorari granted: In paid cases ....................................................................................... 66 In forma pauperis cases.................................................................. 9 Appeals granted: In paid cases............................................................................. 6 Total cases granted plenary review......................................................... 81* Cases argued during term......................................................................... 90 Number disposed of by full opinions ............................................. 84 Number disposed of by per curiam opinions .............................. 4 Number set for reargument next term......................................... 2 Cases available for argument at beginning of term............................. 41 Disposed of summarily after review was granted ................................ 4 Original cases set for argument ............................................................... 0 Cases reviewed and decided without oral argument ........................... 59 Total cases available for argument at start of next term................... 30

Number of written opinions of the Court............................................... 75 Per Curiam opinions in argued cases..................................................... 4

Number of lawyers admitted to practice as of June 24, 1999: On written motion ............................................................................. 2722 On oral motion.................................................................................... 1309 Total ................................................................................................ 4031 *Includes those cases granted after June 26, 1998. Excludes those cases granted after June 24, 1999.

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III

GENERAL: Page

1997 Term closed and 1998 Term convened October 5, 1998; adjourned October 4, 1999 ........................................ 1 Blackmun, J. (Retired). Died March 4, 1999, in Arling- ton, Virginia; lay in repose at Court March 8, 1999; burial in Arlington National Cemetery, service at Met- ropolitan Memorial United Methodist Church March 9, 1999; announcement of death.............................................. 599 Breyer, J. Reads dissent from bench (98149) ..................... 959 House, Toni. Public Information Officer. Announcement of death........................................................................................ 2 Nelsen, Sandra G. Assistant Clerk. First woman to sit at Clerk's Desk in Courtroom. Died May 7, 1999. Powell, J. (Retired). Announcement of death. Resolu- tions of Bar presented, official portrait presented to Court by former law clerks ................................................ 1, 825 Rehnquist, C.J. Presided over impeachment trial of Presi- dent Clinton in Senate Chamber January 7 through February 12, 1999. Souter, J. Reads dissent from bench (98436)...................... 959 Scalia, J. Reads dissent from bench (971121) ..................... 903 Stevens, J. Reads dissent from bench (98531) ................... 959 White, J. (Retired). Assigned to CA9.................................... 987 APPEALS: Appeal summarily dismissed after lead case decided (98413)................................................................................... 509 Joint motion to expedite case granted, briefing schedule set and case consolidated for oral argument with an- other census case (98564) .................................................. 175 ARGUMENTS: Cases restored to calendar for reargument and parties directed to brief additional issues (98405, 98406) ...... 963 Further consideration of suggestion of mootness deferred to hearing case on merits (98822).................................... 964 Twenty minutes of additional time allotted for oral argu- ment; four attorneys argued cases (971927, 9883).. 573, 664 Two hours allotted for oral argument (97826, 97829, 97 830, 97831, 971075, 971087, 971099, 971141)............ 204

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IV

ATTORNEYS: Motion for appointment of counsel granted (971139, 97 7164, 977541; 978629, 985864; 98184; 977597; 98 6322; 981037, 987809, 988384; 981299; 981255)..... 6, 226, 262, 283, 690, 792, 906, 989 Motion for appointment of second counsel denied (979361) ................................................................................. 261 Resignation from Bar accepted (D2002; D1934; D 2023; D2026; D2018; D2055).................................... 383, 467, 587, 652, 755, 756 Rule to Show Cause discharged (D1906) ............................ 587 Suter, William K. Clerk. Moved admissions to Bar............ 255 BRIEFS: Leave to file unredacted appendix under seal granted (98316)................................................................................... 272 CERTIORARI: Case summarily remanded to CA with order vacating CA judgment (971695)............................................................... 961 Certiorari before judgment denied (98721)........................ 430 Joint motion to defer consideration of petition granted (981446) ................................................................................. 883 Leave granted to file petition under seal with redacted petition filed in 30 days (M-3); certiorari denied (98735) ................................................................................... 5, 328 Motion to dismiss writ as moot denied (981161) ............... 964 Order granting certiorari amended (98830) ....................... 495 Petition prepared pro se granted (987809; 987540)..... 713, 906 Petitions from two different Court of Appeals granted and consolidated (971927, 9883)...................................... 262 Petition dismissed, petitioner denied (987222)................... 550 Stay of execution and petition for certiorari granted (995746)................................................................................. 1007 Writ dismissed pursuant to Rule 46 April 20, 1999, one day before argument was to be heard (98507).............. 449 Writ dismissed under Rule 46 June 24, 1999 (98958) ....... 746 COSTS: Case summarily remanded to CA. Costs not allowed (971988) ................................................................................. 937

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V

HABEAS CORPUS: Solicitor General invited to file brief expressing views of United States; petition denied, three Justices would set case for full briefing (985804) ....................................... 347, 895 JUDGMENTS AND OPINIONS: In consolidated cases, one judgment affirmed, second ap- peal dismissed in opinion (Census cases) (98404, 98564) .................................................................................... 493 Judgment of CA affirmed by equally divided Court. Opinion per curiam (971732) ............................................ 475 Opinion concurring in denial of certiorari (971790) .......... 216 Opinion respecting denial of certiorari (985021)............... 466 Order granting certiorari vacated and petition dismissed (Petitioner died after case was argued). Opinion per curiam (977213)............................................................... 206, 365 Petition granted and CA judgment summarily reversed, restraining order lifted, opinion per curiam to follow (981412) ................................................................................. 596 ORIGINAL CASES: 9, Original. Supplemental decree in Texas boundary case entered ................................................... 179 65, Original. Motion of River Master for fees and ex- penses granted............................................... 5, 745 105, Original. Motion of Special Master for compensa- tion and expenses granted .......................... 689 108, Original. Motion of Special Mater for compensation and expenses granted ............................... 179, 963 120, Original. Decree entered; motion of Special Master for compensation and expenses granted 792, 906 126, Original. Solicitor General invited to file brief as amicus curiae; leave granted to file bill of complaint, defendants allowed 60 days to file answer; Nebraska granted leave to file motion to dismiss limited to single question, briefing schedule set........... 5, 451, 938 127, Original. Leave to file bill of complaint denied in opinion per curiam....................................... 597

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VI

PARTIES: Motion for leave to file Rule 29.6 listing under seal granted (981242, 981243) ................................................. 732 Motion for leave to intervene as appellants granted (9885)..................................................................................... 207 Motion of United States for leave to intervene granted (98436)................................................................................... 374 RULES: Federal Rules of Bankruptcy amended................................. 760 Federal Rules of Civil Procedure amended ......................... 760 Federal Rules of Criminal Procedure amended .................. 761 Revised Rules of Supreme Court adopted effective May 3, 1999...................................................................................... 443 STAYS: Application to vacate stay of execution granted (A285; 981368; A790)................................................................ 177, 570, 665 Stay pending disposition of petition for certiorari granted (987140; 987001; 988384; 981932; 996035; 99 451)....................................................................................... 343, 369, 687, 938, 1011, 1025 CONCLUSION: Call of calendar suspended April 26, 1999; last case of Term argued April 28, 1999 .............................................. 757, 766 Last opinions of Term announced June 23, 1999, remarks by Chief Justice; order list released June 24, 1999; last recess order entered ......................................................... 959, 961, 979 Last Orders of Term released September 28, 1999 ............... 1027

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(JOURNAL) MONDAY, OCTOBER 5, 1998 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 1997 Term of the Supreme Court of the United States is now closed, and the October 1998 Term is now convened. "As we open this morning, I want to pay tribute to our friend and colleague, Lewis F. Powell, a retired Justice of this Court, who died on August 25, 1998, at his home in Richmond, Virginia. "Lewis Powell took the Oath of Office on January 7, 1972, becoming the 99th Justice to serve on this Court. He retired on June 26, 1987. Following his retirement, he sat on the Court of Appeals for the Fourth Circuit, and taught at both Washington and Lee and the University of Virginia. "Justice Powell was born on September 19, 1907, in Suffolk, Virginia. He graduated first in his class at Washington and Lee College in 1929, then completed his law degree in two years and went on to receive his LL.M. from Harvard Law School in 1932. In that year, he began prac- ticing law in his native city of Richmond. In 1941, at the time of the Japanese attack on Pearl Harbor, he was 34 years old. Though his age and family responsibilities would have excluded him from the draft, he volunteered and was commissioned a First Lieutenant in the Air Force, rising in rank to Colonel, and winning the Legion of Merit and Bronze Star medals. He served overseas with distinction as an Intelligence Officer in the Air Force for four years during World War II and its aftermath. "After serving the country during the war, he returned to Richmond and the law firm of Hunton and Williams. Throughout his career in Virginia, he gave generously of his time and energy to the Richmond community and to the Commonwealth. He served as the President of the Virginia State Board of Education as well as Chairman of the Rich- mond Public School Board. He was elected to serve as the President of the American Bar Association and was appointed by President Johnson as a member of the National Commission on Law Enforcement and Administration of Justice. "At the age of 64, already occupying a secure place among the legal leaders of the United States, his country called again and he accepted

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2 MONDAY, OCTOBER 5, 1998 an appointment to this Court as his patriotic duty. We who served with him during his fifteen years on this Court cherished his intellect, gentlemanly charm, and consummate judicial temperament. We con- tinue to miss him. At an appropriate time in the spring, the traditional memorial observance of the Court and the Bar of the Court will be held in this Courtroom. "We have also suffered another loss within the past week. We note with sadness today that the Supreme Court's Public Information Offi- cer, Toni House, died on September 29, 1998. She served the Court well for sixteen years. We will miss her, and extend our condolences to her family. "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. 971623. United States, Petitioner v. Leon Clifford Foster. On petition for writ of certiorari to the United States Court of Appeals for the Ninth 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 Ninth Circuit for further consideration in light of Muscar- ello v. United States, 524 U. S. (1998). No. 971656. Linda Sloan, Petitioner v. John Sharp, Comptroller of Public Accounts of Texas, et al. 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 consid- eration in light of Faragher v. City of Boca Raton, 524 U. S. (1998), and Burlington Industries, Inc. v. Ellerth, 524 U. S. (1998). No. 971751. Marie Pfau, Petitioner v. William Reed, Director, De- fense Contract Audit Agency. 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 consid- eration in light of Faragher v. City of Boca Raton, 524 U. S. (1998), and Burlington Industries, Inc. v. Ellerth, 524 U. S. (1998). No. 971969. Susan Wilson, Petitioner v. City of Plano. 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

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MONDAY, OCTOBER 5, 1998 3 Circuit for further consideration in light of Faragher v. City of Boca Raton, 524 U. S. (1998), and Burlington Industries, Inc. v. Ellerth, 524 U. S. (1998). No. 972018. Kiowa Tribe of Oklahoma, Petitioner v. Robert M. Hoo- ver, Jr. On petition for writ of certiorari to the Supreme Court of Okla- homa. Petition for writ of certiorari granted. Judgment vacated, and case remanded to the Supreme Court of Oklahoma for further consider- ation in light of Kiowa Tribe of Oklahoma v. Manufacturing Technolo- gies, Inc., 523 U. S. (1998). No. 978284. James Lee Schweninger, Petitioner v. Minnesota. On petition for writ of certiorari to the Court of Appeals of Minnesota. Motion of petitioner for leave to proceed in forma pauperis and peti- tion for writ of certiorari granted. Judgment vacated, and case re- manded to the Court of Appeals of Minnesota for further consideration in light of Kansas v. Hendricks, 346 U. S. (1997). No. 978592. Ricky A. Pierce, Petitioner v. Tommy W. King, Assist- ant Superintendent, Tillery Correctional Center, et al. On petition for writ of certiorari to the United States Court of Appeals for the Fourth 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 Fourth Circuit for further consideration in light of Pennsylvania Department of Cor- rections v. Yeskey, 524 U. S. (1998). No. 978906. Carol Floyd and Carla Floyd, Petitioners v. Iris Wait- ers, et al. On petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit. Motion of petitioners 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 Eleventh Circuit for further consideration in light of Gebser v. Lago Vista Independent School District, 524 U. S. (1998). No. 98155. Lori A. Todd, Petitioner v. Ortho Biotech, Inc. On peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit. 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 Faragher v. City of Boca Raton, 524 U. S. (1998), and Burlington Industries, Inc. v. Ellerth, 524 U. S. (1998). Orders in Pending Cases No. M71 (OT 97). In Re John Doe, Petitioner. Motion to unseal peti- tion for writ of certiorari lodged under seal denied.

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4 MONDAY, OCTOBER 5, 1998 No. M86 (OT 97). Lucy Carlier, Petitioner v. Michael D. Ray, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M1. Kinsey L. Jackson, Petitioner v. Golden State Foods Corpo- ration. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M2. Franklin Reaves, Petitioner v. Marion County, South Caro- lina, et al. Motion to direct the Clerk to file a petition for writ of certio- rari out-of-time denied. No. M4. Phonometrics, Inc., Petitioner v. Siemens Information Sys- tems. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M5. Shipping Financial Services, Petitioner William Drakos, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M7. Gary L. Wiedemer, Petitioner v. Richard Marr, Superin- tendent, Arkansas Valley Correctional Facility, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M10. Aaron Ardoin, Petitioner v. Frank Savoy, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time is denied. No. M11. Arthur J. Golis, Petitioner v. Commissioner of Social Secu- rity. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M12. Leonard T. Evans, Petitioner v. Baytown Police Depart- ment, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M13. Dan C. Fore, Petitioner v. Denny's Inc., et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M14. Nancy Schlesinger, Petitioner v. Jerome Schlesinger. Mo- tion to direct the Clerk to file a petition for writ of certiorari out-of- time denied. No. M15. Village of Airmont, New York, et al., Petitioners v. Yitz- chok LeBlanc-Sternberg, et al. Motion to direct the Clerk to file a peti- tion for writ of certiorari out-of-time denied. No. M16. Mohammed I, Karimi, 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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MONDAY, OCTOBER 5, 1998 5 No. M17. Jon A. Baran, Petitioner v. Federal National Mortgage Association. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M3. "William Loe", Petitioner v. United States. Motion for leave to file a petition for writ of certiorari under seal denied without preju- dice to filing a redacted petition for writ of certiorari within 30 days. No. M8. Darryl Byrd, Petitioner v. Shad Connelly, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time under Rule 14.5 denied. No. M9. Harsha Sankar, Petitioner v. Randolph Ellis, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time under Rule 14.5 denied. No. 65, Original. Texas, Plaintiff v. New Mexico. Motion of the River Master for fees and reimbursement of expenses granted, and the River Master awarded a total of $4,054.58 for period April 1-June 30, 1998, to be paid equally by the parties. No. 126, Original. Kansas, Plaintiff v. Nebraska. The Solicitor Gen- eral is invited to file a brief in this case expressing the views of the United States. No. 971943. Karen Sutton and Kimberly Hinton, Petitioners v. United Air Lines, Inc. The Solicitor General is invited to file a brief in this case expressing the views of the United States. No. 971992. Vaughn L. Murphy, Petitioner v. United Parcel Service, Inc. The Solicitor General is invited to file a brief in this case express- ing the views of the United States. No. 98127. Alex Campos, et al., Petitioners v. Ticketmaster Corpo- ration. The Solicitor General is invited to file a brief in this case ex- pressing the views of the United States. No. 985070. Thomas Slekis, Petitioner v. Joyce A. Thomas, Commis- sioner, Connecticut Department of Social Services. The Solicitor Gen- eral 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. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted. No. 971287. Hughes Aircraft Company, et al., Petitioners v. Stanley I. Jacobson, et al. 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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6 MONDAY, OCTOBER 5, 1998 No. 971536. Arizona Department of Revenue, Petitioner v. Blaze Construction Company, Inc. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argu- ment granted. No. 971709. Kumho Tire Company, Ltd., et al., Petitioners v. Pat- rick Carmichael, etc., et al. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argu- ment granted. No. 971139. United States, Petitioner v. Jacinto Rodriguez-Moreno. Motion for appointment of counsel granted, and it is ordered that John P. McDonald, Esquire, of Somerville, New Jersey, is appointed to serve as counsel for respondent in this case. No. 971472. Michael A. Haddle, Petitioner v. Jeanette G. Garrison, et al. Motion of National Whistle-Blower Center for leave to file a brief as amicus curiae granted. No. 977164. Francois Holloway, aka Abdu Ali, Petitioner v. United States. Motion for appointment of counsel granted, and it is ordered that Kevin J. Keating, Esquire, of Garden City, New York, is appointed to serve as counsel for petitioner in this case. No. 977541. Amanda Mitchell, Petitioner v. United States. Motion for appointment of counsel granted, and it is ordered that Steven A. Morley, Esquire, of Philadelphia, Pennsylvania, is appointed to serve as counsel for petitioner in this case. No. 978978. Katherine L. Russell, Petitioner v. VBR. Motion of petitioner Katherine L. Russell for reconsideration of order denying leave to proceed in forma pauperis denied. No. 98413. Legislature of California, et al., Appellants v. United States House of Representatives, et al. Motion of appellants to expedite consideration of the jurisdictional statement and to consolidate argu- ment with No. 98-404, Department of Commerce v. U. S. House of Representatives, denied. No. 985350. Voyd B. Burger, Petitioner v. Masters, Mates & Pilots Union, et al. Motion of petitioner for leave to proceed in forma pau- peris denied. Petitioner allowed until October 26, 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. 985707. In Re Michael Kennedy, Petitioner. Motion of peti- tioner for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner allowed until October 26, 1998, within which to pay the dock-

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MONDAY, OCTOBER 5, 1998 7 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. 971754. Immigration and Naturalization Service, Petitioner v. Juan Anibal Aguirre-Aguirre. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted. No. 971008. Carolyn C. Cleveland, Petitioner v. Policy Management Systems Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit granted limited to the following questions: 1. Whether the application for, or receipt of, dis- ability insurance benefits under the Social Security Act, 42 U. S. C. § 423, creates a rebuttable presumption that the applicant or recipient is judicially estopped from asserting that she is a "qualified individual with a disability" under the Americans with Disabilities Act of 1990, 42 U. S. C. § 12101 et seq. 2. If it does not create such a presumption, what weight, if any, should be given to the application for, or receipt of, disability insurance benefits when a person asserts she is a "qualified individual with a disability" under the ADA? No. 971802. David Conn and Carol Najera, Petitioners v. Paul L. Gabbert. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted limited to the following ques- tions: 1. Does a prosecutor violate an attorney's rights under the Four- teenth Amendment by causing the attorney to be searched at the time his client is testifying before a grand jury? 2. If the answer to the first question is "yes," was such a right on the part of the attorney clearly established in March 1994? No. 978629. Eddie Richardson, 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 Seventh Circuit granted limited to the following question: "Whether the district court committed reversible error in failing to instruct the jury that it must agree unanimously on which particular drug viola- tions constituted the `series of violations' required for conviction for conducting a continuing criminal enterprise in violation of 21 U. S. C. § 848." No. 979361. Louis Jones, Petitioner v. United States. Motion of peti- tioner for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit granted limited to the following questions: 1. Whether peti-

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8 MONDAY, OCTOBER 5, 1998 tioner was entitled to a jury instruction that the jury's failure to agree on a sentencing recommendation automatically would result in a court- imposed sentence of life imprisonment without possibility of release. 2. Whether there is a reasonable likelihood that the jury instructions led the jury to believe that deadlock on the penalty recommendation would automatically result in a court-imposed sentence less severe than life imprisonment. 3. Whether the court of appeals correctly held that the submission of invalid non-statutory aggravating factors was harmless beyond a reasonable doubt. No. 985864. Tommy David Strickler, Petitioner v. Fred W. Greene, Warden. 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 Fourth Circuit granted limited to the following ques- tions: 1. Whether the State violated Brady v. Maryland, 373 U. S. 83 (1963), and its progeny. 2. If so, whether the State's non-disclosure of exculpatory evidence and the State's representation that its open file contained all Brady material establishes the requisite "cause" for fail- ing to raise a Brady claim in state proceedings. 3. Whether petitioner was prejudiced by non-disclosure.

Certiorari Denied No. 971061. Ricky Eugene Morrow, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 971254. 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. 971549. Walter Frost, Petitioner v. United States; No. 978295. Robert Eugene Turner, Petitioner v. United States; No. 978305. Peggy Young Potter, Petitioner v. United States; No. 978328. Richard Thomas Congo, Petitioner v. United States; andNo. 978374. Dennis Allen Faulkner, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971575. Perry Von Murdock, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 971638. David Rendel, et ux., Petitioners 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 5, 1998 9 No. 971652. Northwestern Indiana Telephone Company, et al., Peti- tioners v. Commissioner of Internal Revenue. Petition for writ of cer- tiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 971668. Nick J. Mileti, Petitioner v. Marcia N. Cole, Representa- tive of the Estate of Joseph E. Cole, Deceased. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971679. UNUM Corporation and UNUM Life Insurance Com- pany of America, Petitioners v. United States. Petition for writ of cer- tiorari to the United States Court of Appeals for the First Circuit denied. No. 971685. Lane S. Howell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 971690. Anthony J. LoBue and Thomas Kulekowskis, Petition- ers v. Joseph G. DiLeonardi, United States Marshal for the Northern District of Illinois. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 971702. Rigoberto Sanchez-Velasco, Petitioner v. Florida. Peti- tion for writ of certiorari to the Supreme Court of Florida denied. No. 971717. Thomas E. Bennett, 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 Second Circuit denied. No. 971721. Erie Adams, Petitoner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971733. William Spears, et ux., Petitioners v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 971734. Stichting Pensioenfonds Voor de Gezondheid, Geeste- lijke en Maatschappelijke Belangen, 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. 971739. Richardo Rodriguez, et al., Petitioners v. Dramese Fair, a Minor, By and Through His Mother and Next Friend, Sandra Foy. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 971740. Wendy Lee Wilson and Stevie Burns, Petitioners v. Leon "Buddy" Nutt, Sheriff of Wayne County. Petition for writ of cer-

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10 MONDAY, OCTOBER 5, 1998 tiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971744. Julia A. Christians, etc., Petitioner v. Crystal Evangeli- cal Free Church, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 971748. Alfred Raso, et al., Petitioners v. Marisa Lago, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 971759. Research Triangle Institute, Petitioner 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 Fourth Cir- cuit denied. No. 971768. Merrill Lynch, Pierce, Fenner & Smith, Inc., et al., Petitioners v. Jeffrey Phillip Kravitz, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Third Circuit denied. No. 971774. Minh Dat Dinh Do, Petitioner v. Colorado. Petition for writ of certiorari to the Court of Appeals of Colorado denied. No. 971783. Barry Schimmel, Flip Becker, Terry Fitzgerald, Jerry Giustiniani, and Sheila McCann, Petitioners v. International Associa- tion of Machinists and Aerospace Workers, AFL-CIO, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 971786. Delroy Blaske, Petitioner v. UNUM Life Insurance Company of America. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 971792. Lyle David Pierce, III, aka Sealed Deft. 2, aka Joe Martin, aka Joe Boy, Petitioner v. United States; and No. 978964. Regina Pierce, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 971796. Richard Epstein, Petitioner v. Southern California Per- manente Medical Group, dba Kaiser Permanente Medical Group, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971807. CLEAN, etc., et al., Petitioners v. City of Spokane, et al. Petition for writ of certiorari to the Supreme Court of Washington denied. No. 971808. Michael Bellesfield, Petitioner v. Peter Verniero, Attor- ney General of New Jersey, 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 5, 1998 11 No. 971812. Myron N. Terlecky, Trustee, Petitioner v. Dwight I. Hurd, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971816. James H. Neal, Petitioner v. District of Columbia and John Lattimore. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 971817. Smiland Paint Company, et al., Petitioners v. Environ- mental Protection Agency, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971818. Gloria Gisch, Petitioner v. Extendacare Health Sys- tems, Inc., and T2 Medical, Inc. Petition for writ of certiorari to the Court of Appeals of Texas, Fifth District, denied. No. 971820. Altipenta, Inc., etc., Petitioner v. Security Insurance Company of Hartford. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 971824. Anthony J. Crippen, Petitioner v. Robert Kuhlmann, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 971828. Omega Environmental, Inc., et al., Petitioners v. Gilb- arco, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971829. Deborah West, In Her Individual Capacity and Official Capacity as an Agent of the State of North Carolina, et al., Petitioners v. David L. Lynn, Jr., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 971830. Metropolitan Government of Nashville, et al., Petition- ers v. Michael Doe, By and Through His Parents and Next Friends, Dr. and Mrs. Doe. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971832. Alan Strang, et al., Petitioners v. National Labor Rela- tions Board. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 971835. Margaret Boring, Petitioner v. Buncombe County Board of Education, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 971836. Friedrich Lu, Petitioner v. Paul Ravida, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

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12 MONDAY, OCTOBER 5, 1998 No. 971837. Chaparral Steel Company, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Tenth Dis- trict, denied. No. 971838. Northeast Cellular Telephone Company, Petitioner v. Federal Communications Commission, et al. Petition for writ of certio- rari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 971839. Santee Sioux Tribe of Nebraska, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 971840. National Association for the Advancement of Colored People, Los Angeles Branch, et al., Petitioners v. Bill Jones, California Secretary of State, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971844. Carl Bernofsky, Petitioner v. Tulane University School of Medicine, etc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971846. Anti-Monopoly, Inc., Petitioner v. Hasbro, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 971847. Leo Maestas, Petitioner v. Board of Supervisors of Navajo County, et al. Petition for writ of certiorari to the Court of Appeals of Arizona, Division One, denied. No. 971848. Dan Rodney Joos, Petitioner v. Piper C. Joos. Petition for writ of certiorari to the Court of Appeals of Utah denied. No. 971850. David Dees, dba David Dees Illustration, Petitioner v. Saban Entertainment, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971851. Ben Gyadu, Petitioner v. Workers' Compensation Com- mission of Connecticut, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 971853. Ohio, Petitioner v. Lamont L. Holt. Petition for writ of certiorari to the Court of Appeals of Ohio, Franklin County, denied. No. 971855. Claude V. Routh, Petitioner v. Wyoming Workers' Com- pensation Division. Petition for writ of certiorari to the Supreme Court of Wyoming denied. No. 971856. Eugenie Parnar, Petitioner v. Law Offices of John A. Chanin. Petition for writ of certiorari to the Supreme Court of Hawaii denied.

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MONDAY, OCTOBER 5, 1998 13 No. 971857. Bonnie Velasco, et al., Petitioners v. William F. Fairall. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 971859. Robert T. Hulmes, Petitioner v. Honda Motor Company, Ltd., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 971862. Lionel Dela Rosa, Petitioner v. Scottsdale Memorial Health Systems, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971863. Wilma Bearden, Petitioner v. Quorum Health Group, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 971864. Louis Cantor, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 971865. Terrie Snyder, Petitioner v. Samuel J. Ringgold. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 971866. Interstate Independent Corporation, Petitioner v. Board of Zoning Appeals for Fayette County and the Village of Octa. Petition for writ of certiorari to the Court of Appeals of Ohio, Fayette County, denied. No. 971869. Dole Ocean Liner Express, Petitioner v. Georgia Vege- table Company. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971870. Estate of William C. Mauro, By and Through Its Inde- pendent Personal Representative, Sandra Mauro, Petitioner v. Borgess Medical Center. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971873. Charles G. Stumpf, Jr., Petitioner v. Greater New Or- leans Expressway Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971874. Holt Cargo Systems, Inc., Petitioner v. Bernard Keifer, Sr., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 971875. A. J. Wren and Jerry Wren, Petitioners v. Jim Towe and Jay Norris. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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14 MONDAY, OCTOBER 5, 1998 No. 971876. El Vocero de Puerto Rico (Caribbean International News Corp.) and Victor Gonzalez, Petitioners v. Puerto Rico and Carlos Negron-Rosario. Petition for writ of certiorari to the Court of Appeals of Puerto Rico denied. No. 971878. Vicari Contractors, Inc., Petitioner v. Parish of Jeffer- son. Petition for writ of certiorari to the Court of Appeal of Louisiana, Fifth Circuit, denied. No. 971879. MAC Panel Company, Petitioner v. Virginia Panel Cor- poration. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 971880. St. Matthew's Slovak Roman Catholic Congregation of St. Mathias Church, 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. 971881. Andrew Lloyd Webber, et al., Petitioners v. Ray Repp, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied. No. 971882. Feliciano Lejano, et ux., Petitioners v. K. S. Bandak Assuranceforeningen Gard, et al. Petition for writ of certiorari to the Supreme Court of Louisiana denied. No. 971883. Charles X. Daniels and Jino S. St. Lot, Petitioners v. Six L's Packing Company, Inc., and Lawrence Lipman. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 971886. Jean A. M. Meade, Petitioner v. USAA Life Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971888. Dikar, S. Coop. LTDA, Petitioner v. United States Dis- trict Court for the Eastern District of Kentucky, (Matthew Haymaker, Real Party in Interest). Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971889. Byung Wha An and Young-Kae An, Petitioners v. Doo- Hwan Chun, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971890. Sandra K. Kerby, Petitioner v. Southeastern Public Service Authority of Virginia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 971891. Jamie Babicz, et al., Petitioners v. School Board of Bro- ward County, Florida, 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 5, 1998 15 No. 971893. Student Loan Fund of Idaho, Inc., Petitioner v. Jeffrey Duerner. Petition for writ of certiorari to the Supreme Court of Idaho denied. No. 971896. Steve Seale, Petitioner v. Jasper Hospital District. Pe- tition for writ of certiorari to the Court of Appeals of Texas, Ninth District, denied. No. 971897. Vista Paint Corporation, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971898. David L. Williams, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylvania, Harris- burg Office, denied. No. 971899. NationsBank of Georgia, N. A., and Sovran Capital Management Corporation, Petitioners v. Alexis Herman, Secretary of Labor. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 971900. Adele Buzzetti, dba Cozy Cabin, and Vanessa Doe, Peti- tioners 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. 971902. Anthony M. DeMaria, et ux., et al., Petitioners v. Wash- ington County, Idaho, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971904. John Hubert Moll, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Fifth District, denied. No. 971905. City of Roseburg, Petitioner v. Marlyn L. Rohde. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971906. Melonie Wade, Petitioner v. Victoria College. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971910. Marilyn Ziemke, et al., Petitioners v. Shalom Almog, et ux., et al. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. No. 971911. Michael R. Weaver, et al., Petitioners v. Prudential In- surance Company of America. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

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16 MONDAY, OCTOBER 5, 1998 No. 971912. Charlena Wirtz, Executrix of the Estate of Lena Wat- son Whitley, et al, Petitioners v. Dennis R. Switzer. Petition for writ of certiorari to the Supreme Court of Mississippi denied. No. 971915. Delores Frahm, et al., Petitioners v. Equitable Life Assurance Society of the United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 971916. John E. Harper, Petitioner v. Union Pacific Railroad Company, et al. Petition for writ of certiorari to the Supreme Court of Missouri denied. No. 971917. Bruce Buchbinder, et ux., Petitioners v. Franchise Tax Board of California, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971918. Howard A. Fromson, Petitioner v. Anitec Printing Plates, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 971919. Bryan L. Beckham, et al., Petitioners v. Union Pacific Railroad Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 971920. Teresa Killian, Petitioner v. Provident Life and Acci- dent Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 971921. Jose A. Cuevas-Segarra, et al., Petitioners v. Maria Luisa Contreras. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 971922. Port Authority Trans-Hudson Corporation, Petitioner v. Federal Railroad Administration, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 971923. Vicki Meisner, Individually and as Personal Repre- sentative of the Estate of Howard Gene Weatherly, Deceased, Peti- tioner v. Potlatch Corporation and Robert House. Petition for writ of certiorari to the Supreme Court of Idaho denied. No. 971925. Roy F. Sutton, Petitioner v. George L. Seltzer, et al. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. No. 971926. Roy F. Sutton, Petitioner v. Estate of Roy C. Sutton, et al. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied.

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MONDAY, OCTOBER 5, 1998 17 No. 971928. Verna Emery, etc., Petitioner v. American General Fi- nance, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 971930. Cessna Aircraft Company, Petitioner v. John H. Dalton, Secretary of the Navy. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 971931. Jake Vanner, Petitioner v. Our Lady of the Lake Hospi- tal, et al. Petition for writ of certiorari to the Court of Appeal of Louisi- ana, First Circuit, denied. No. 971934. Robert H. Brient, Jr., Petitioner v. Petro PSC, LP. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971935. Cal-Almond, Inc., et al., Petitioners v. Department of Agriculture. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971936. Gary L. Benefiel, Petitioner v. Idaho. Petition for writ of certiorari to the Supreme Court of Idaho denied. No. 971937. City of Atlantic City, Petitioner v. Milton Pevner. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 971938. Greg D. Biagi, et ux., Petitioners v. United States For- est Service. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971939. Richard L. Taylor, Petitioner v. Raymond E. Ham, Indi- vidually and in His Official Capacity as Chief of Police, Ponca City Police Department, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 971941. Stafford J. Coolbaugh, Petitioner v. Louisiana. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971944. Jerron West, Inc., et al., Petitioners v. California State Board of Equalization, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971945. Sandra Lea Benedict, Petitioner v. Eau Claire Public Schools, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 971946. Charles R. Kidd, Petitioner v. Mae Bell Kidd. Petition for writ of certiorari to the Court of Civil Appeals of Alabama denied.

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18 MONDAY, OCTOBER 5, 1998 No. 971948. Glinda Hoskins, Petitioner v. Washington County. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971950. Jim Pope, Sheriff, Shasta County, et al., Petitioners v. Rolland Richard Henry, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971951. Rodney C. Grogan, et ux., Petitioners v. Thomas J. Mar- oney, United States Attorney for the Northern District of New York, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied. No. 971953. Dean E. Jordan, Petitioner v. Don A. Fendon. Petition for writ of certiorari to the Court of Appeals of Arizona, Division One, denied. No. 971954. Stephen Johnson, Petitioner v. Togo West, Secretary of Veterans Affairs. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971955. Melvin Grigley, Petitioner v. City of Atlanta, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 971956. Don King Productions, Inc., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 971957. K & K Construction, Inc., et al., Petitioners v. Michigan Department of Natural Resources and Michigan. Petition for writ of certiorari to the Supreme Court of Michigan denied. No. 971959. Dow Jones & Company, Inc., et al., Petitioners v. Wil- liam Jefferson 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. 971960. Lafayette Federal Credit Union, et al., Petitioners v. National Credit Union Administration, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Fourth Circuit denied. No. 971961. Peter Castellano, et al., Petitioners 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. 971962. Southlake Property Associates, Ltd., Petitioner v. City of Morrow. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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MONDAY, OCTOBER 5, 1998 19 No. 971963. James E. Conerly, Petitioner v. William J. Henderson, Postmaster General, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971964. Virginia S. Conrad, Legal Representative of Rick S. Conrad, Deceased, Petitioner v. Secretary of Health and Human Serv- ices. Petition for writ of certiorari to the United States Court of Ap- peals for the Federal Circuit denied. No. 971965. Jose Olmos-Flores, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971966. David Baxter and City of Murfreesboro, Petitioners v. John W. Reed and Henry Sharber. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971967. Paul Thomas Bratton, Petitioner v. Pennsylvania. Peti- tion for writ of certiorari to the Superior Court of Pennsylvania, Phila- delphia Office, denied. No. 971968. Richard C. Baldwin, Petitioner v. Massachusetts. Peti- tion for writ of certiorari to the Supreme Judicial Court of Massachu- setts denied. No. 971970. Vernon Mills, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971971. Biltmore Forest Radio, Inc., Petitioner v. Federal Com- munications Commission, et al.; Biltmore Forest Radio, Inc., Petitioner v. Federal Communications Commission, et al.; and Willsyr Communi- cations, Petitioner v. Federal Communications Commission, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 971972. Kevin W. Landberg, et al., Petitioners v. William E. Duffy, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 971973. Cheryl D. Christopher, Petitioner v. Adam's Mark Ho- tels, etc. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 971974. Gwendolyn Wright, Petitioner v. Paul Frederiksen. Pe- tition for writ of certiorari to the Court of Appeals of Colorado denied. No. 971975. Gary Monte Spring, Petitioner v. Washington. Petition for writ of certiorari to the Court of Appeals of Washington, Division 3, denied.

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20 MONDAY, OCTOBER 5, 1998 No. 971976. Benjamin G. Sprecher, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 971977. YWCA of Oklahoma City, et al., Petitioners v. Self In- surers' Management Group; and Colbert Nursing Home, Inc., dba Southern Pointe Living Center, et al., Petitioners v. Oklahoma Employ- ers Safety Group, S. I. A. Petition for writ of certiorari to the Supreme Court of Oklahoma denied. No. 971978. Falcon Drilling Company, Inc., et al., Petitioners v. Pat- rick Viator. Petition for writ of certiorari to the Court of Appeal of Louisiana, Third Circuit, denied. No. 971979. Robert Abrams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 971980. Ronald Williams, Petitioner v. City of Los Angeles. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971981. West Virginia Board of Public Works, et al., Petitioners v. CSX Transportation, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 971982. In Re Peter Francis Geraci, Petitioner. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 971983. James T. Walker, Petitioner v. Institute for Economet- ric Research. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 971986. Russell Weinstein, Petitioner v. Fidelity Brokerage Services, Inc. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 971987. Marilyn L. Hudson, Petitioner v. Janet Reno, Attorney General. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971989. Andrzej Kuhl, et al., Petitioners v. Board of Adjust- ment of the Township of Montclair, et al. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. No. 971990. Larry Belin, Petitioner v. Equal Employment Opportu- nity Commission, 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 5, 1998 21 No. 971995. Kelsey A. Miller, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Armed Forces denied. No. 971996. Albert Campbell, et al., Petitioners v. California. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971997. Bank of America National Trust and Savings Associa- tion, Petitioner v. Virginia M. Marques. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied. No. 971998. Elisabeta Gosu, Petitioner v. Immigration and Natural- ization Service. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 972001. Blanche Randolph, as Conservator of Deborah Ran- dolph, Petitioner v. Al Cervantes, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 972002. Robert F. Coleman, et al., Petitioners v. Santa Clara County Open Space Authority. Petition for writ of certiorari to the Court of Appeal of California, Sixth Appellate District, denied. No. 972003. Spyridon Armenis, Petitioner v. Cesar V. Aguirre, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 972004. National Collegiate Athletic Association, Petitioner v. Norman Law, et al.; and National Collegiate Athletic Association, Peti- tioner v. Norman Law, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 972005. Phonometrics, Inc., Petitioner v. Tadiran Electronic In- dustries, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 972006. Curtis Ray Ward, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 972007. MSW Investments, Petitioner v. Chevron U. S. A., Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 972008. Wen-Chouh Lin, Petitioner v. Anita C. S. Lin. Petition for writ of certiorari to the Court of Appeals of North Carolina denied. No. 972009. Barbara Monsky, Petitioner v. Howard J. Moraghan, Connecticut Superior Court Judge. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

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22 MONDAY, OCTOBER 5, 1998 No. 972010. Dorothea A. Arcuri, et al., Petitioners v. Local 54 of the Hotel Employees and Restaurant Employees International Union, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 972011. In Re Robert C. Hilliard, Petitioner. Petition for writ of certiorari to the Supreme Court of Texas denied. No. 972012. Doug Rankin, et ux., Petitioners v. Mark Evans, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 972013. Ray Watson, Petitioner v. William Szczepaniak, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 972014. Eric Warner, a Minor, By and Through Linda Warner, His Mother, Petitioner v. St. Paul Independent School District No. 625. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 972015. Michael I. Monus, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 972016. Ariadne Financial Services Pty. Ltd., and Memvale Pty. Ltd., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 972017. Hooters of America, Inc., Petitioner v. Carolina Wings, Inc. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. No. 972019. Don Horsley, Sheriff, San Mateo County, Petitioner v. Jose Napolean Santamaria; and No. 979296. Jose Napolean Santamaria, Petitioner v. Don Horsley, Sheriff, San Mateo County, California. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 972020. Metropolitan Transportation Authority, Petitioner v. New York Magazine. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 972021. William P. Todd, et ux., On Their Own Behalf and as Next Friends for their Son, William Matthew Todd, et al., Petitioners v. Rush County Schools, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 972022. Eugene L. Putnam, Petitioner v. Richard Proulx, et al. Petition for writ of certiorari to the Supreme Judicial Court of Maine denied.

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MONDAY, OCTOBER 5, 1998 23 No. 972023. Rudy Neira, Petitioner v. Bandera County Fresh Water Supply District No. 1. Petition for writ of certiorari to the Court of Appeals of Texas, Fourth District, denied. No. 972025. Charles M. Vorhees, as Executor of the Last Will and Testament of Helen V. Brach, a Person Presumed Dead, Petitioner v. Kirk Brown, Secretary, Illinois Department of Transportation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 972026. Arizona, Petitioner v. William Lee Branham. Petition for writ of certiorari to the Court of Appeals of Arizona, Division One, denied. No. 972027. Harlan L. Jacobsen, Petitioner v. South Dakota. Peti- tion for writ of certiorari to the Supreme Court of South Dakota denied. No. 972028. Travelers Indemnity Company of Illinois, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 972030. School District of Philadelphia, Petitioner v. Delores Scott Sullivan, et al.; and No. 98161. Johnny Butler, Secretary, Pennsylvania Department of Labor and Industry, et al., Petitioners v. Delores Scott Sullivan, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 972031. TDK Corporation, Petitioner v. Warren/Sherer Re- frigeration Company, et al. Petition for writ of certiorari to the Court of Appeal of Louisiana, First Circuit, denied. No. 972033. Christina M. Grimes, Petitioner v. William E. McA- nulty, Judge, Jefferson Circuit Court of Kentucky (Kentucky, Real Party in Interest). Petition for writ of certiorari to the Supreme Court of Kentucky denied. No. 972034. Berman J. Watts, Petitioner v. Louis Caldera, 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. 972035. Carolyn Properties I, et al., Petitioners v. Mitsui Trust & Banking Co., Ltd., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 972036. Peter C. Andresen, Petitioner v. Minkoff Company, Inc. Petition for writ of certiorari to the Court of Appeals of Maryland denied.

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24 MONDAY, OCTOBER 5, 1998 No. 972037. Gary Hoefler, et al., Petitioners v. Bruce Babbitt, Secre- tary of the Interior, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 972039. Alan W. Havighurst, et al., Petitioners v. First National Bank of Southwestern Ohio, Executor of the Estate of Walter E. Havi- ghurst, et al. Petition for writ of certiorari to the Court of Appeals of Ohio, Butler County, denied. No. 972040. Grinnell Corporation, Petitioner v. Road Sprinkler Fit- ters Local Union No. 669, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 972041. Miguel A. Ascarrunz, Petitioner v. Bechtel Power Cor- poration. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 972042. William Nickalous Walker, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 972043. Donald Edgar Johnson, Petitioner v. Richard Gordon Johnson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 972046. Supervalu Inc., and Moran Foods, Inc., dba Save-A-Lot, Ltd., Petitioners v. Discount Foods, Inc. Petition for writ of certiorari to the Supreme Court of Alabama denied. No. 972047. David Selinger, Petitioner v. Schlage Lock Company, et al. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. No. 972049. Condor Insurance Company, Petitioner v. Lisa Chris- tine Eriksen. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 972051. Denise Graff, Petitioner v. V & M Erectors, Inc. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 972052. Petroleum Helicopters, Inc., Petitioner v. Mitchell Buras. Petition for writ of certiorari to the Court of Appeal of Louisi- ana, Fourth Circuit, denied. No. 972053. Edward M. Wolkowitz, Trustee, and David R. Weinstein, Petitioners v. Shearson Lehman Brothers, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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MONDAY, OCTOBER 5, 1998 25 No. 972054. Palm Beach Soil and Water Conservation District, Peti- tioner v. Mark Bledsoe. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 972055. James Hunt Barker, Petitioner v. Bank One, Lexington, N. A., et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 972056. Melanie Satterfield, Petitioner v. Wal-Mart Stores, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 972058. Congress of California Seniors, et al., Petitioners v. Charles Quackenbush, etc., et al. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied. No. 972059. National Association for the Advancement Of Colored People, Minneapolis Branch, et al., Petitioners v. Metropolitan Council. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 972060. Eugene H. Gaddis, Petitioner v. Sharon H. Gaddis. Peti- tion for writ of certiorari to the Court of Appeals of Arizona, Division One, denied. No. 972061. Richardson C. Bell, Trustee for Bell Land Trust, Peti- tioner v. City of Virginia Beach. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 972062. Impressa Perosa, S. R. L., Petitioner v. Tommaso Buti and Fashion World Company. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 972064. Textile Productions, Inc., Petitioner v. Mead Corpora- tion and Fiber Trim Sewing Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 972065. Matthew R. Carroll, Petitioner v. Kermit Black, Charles W. Graham, William L. Perry, E. Dean Gage, and Walter Wen- dler. Petition for writ of certiorari to the Court of Appeals of Texas, Tenth District, denied. No. 972066. Manoutchehr Yadegar, Petitioner v. Maria Saperstein Yadegar, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 972067. Ernest A. Oliver, Petitioner v. Hydro-Vac Services, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

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26 MONDAY, OCTOBER 5, 1998 No. 972068. Therm-O-Disc, Inc., Petitioner v. Maryland Casualty Company, as Subrogee of Eileen K. Gitelson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 972069. Edward S. Nielsen, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 972070. Tada Skara, Petitioner v. Akop Mestchyan, et ux. Peti- tion for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 972071. Kevin Miller, et al., Petitioners v. Charles W. Flume, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. No. 972072. Turbomeca, S. A., et al., Petitioners v. Kyong Ju Bar- nett, Individually and as Guardian Ad Litem and Next Friend of Jessie Morgan Barnett, et al. Petition for writ of certiorari to the Court of Appeals of Missouri, Western District, denied. No. 972073. Darnella Barjon and Lee Duran, 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. 972074. Stephen Demarest, et ux., Petitioners v. Rainier Title Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 972075. Randolph E. Green, et ux., and Craig A. Green, Peti- tioners v. City of Boston, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 972076. Eric Wynn, Petitioner v. United States; and No. 985654. Brad Haddy, aka Bradley J. Haddy, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 972077. Ellen R. Hibble, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 972078. Ray Watson, Petitioner v. University Medical Center, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 972080. J & E Salvage Company, et al., Petitioners 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, OCTOBER 5, 1998 27 No. 972082. Paul Thrash, Petitioner, Individually and as Pierce County Deputy Sheriff, Petitioner v. Herbert Gulliford. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 972083. Evelyn E. Rice, et al., Petitioners v. Lesley Borovicka, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied. No. 972084. Glenn Lockerby, Petitioner v. Thomas Dugal, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 972085. S. A. Ludsin & Co., Petitioner v. Small Business Ad- ministration. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 978122. Robert Todd, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 978191. Billy J. Torain, Petitioner v. Siemens Rolm Communica- tions, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 978229. James Edward Dodd, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 978230. Bernon Howery, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 978383. James Harold Underwood, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 978416. Thomas Page and Daryl Fullum, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 978425. Noel C. Alvarado, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 978460. Clinton Burns, Petitioner v. United States; and No. 979155. Tracy Topaz Turner, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 978515. Larry Franklin, Petitioner v. Charles E. Jones, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

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28 MONDAY, OCTOBER 5, 1998 No. 978551. William J. R. Embrey, Petitioner v. Greg Hershberger, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 978558. Coyette Deon Johnson, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 978586. Martell Lee, Petitioner v. United States; No. 978634. Nate Hall, Petitioner v. United States; No. 978636. Rodney Palmer, Petitioner v. United States; and No. 978638. Sectric Curry, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied. No. 978593. R. D., Petitioner v. Alabama. Petition for writ of certio- rari to the Court of Criminal Appeals of Alabama denied. No. 978620. Jesus Jose Escobar, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978626. Alice Withers, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 978641. Eusebio Escobar de Jesus, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 978654. Todd W. Grubbs, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 978670. Jaime Gonzalez Bath, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Thirteenth Dis- trict, denied. No. 978677. Clarence Dee, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978678. Richard Charles Duncan, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 978681. Gerald James Holland, Petitioner v. Mississippi. Peti- tion for writ of certiorari to the Supreme Court of Mississippi denied. No. 978701. Andrew Kokoraleis, Petitioner v. Jerry Gilmore, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

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MONDAY, OCTOBER 5, 1998 29 No. 978740. James Joseph Wilkens, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 978745. Iso Nahnken, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 978767. Walter J. Rason, 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. 978771. Richard Max Strahan, Petitioner v. Trudy Coxe, Secre- tary of Massachusetts Executive Office of Environmental Affairs, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 978774. Kevin James Lisle, Petitioner v. Nevada. Petition for writ of certiorari to the Supreme Court of Nevada denied. No. 978776. Donald Albert Massie, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 978805. Hendrick W. Haynes, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978828. Robert Dennis Bunner, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 978830. Antonia Damarlane, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 978853. Antoine Liddell Williams, Petitioner v. Nevada. Peti- tion for writ of certiorari to the Supreme Court of Nevada denied. No. 978871. Robert Lee Griffin, aka Robert L. Griffin, Petitioner v. Gary Penrod, Sheriff, San Bernardino County, California. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978880. Steve Henley, Petitioner v. Tennessee. Petition for writ of certiorari to the Supreme Court of Tennessee, Middle Division, denied. No. 978884. Timothy Parks, Petitioner v. Howard Andersen, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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30 MONDAY, OCTOBER 5, 1998 No. 978887. John Paul Sobaszkiewicz, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, Third Appellate District, denied. No. 978888. Donald Green, Petitioner v. Dennis C. Vacco, Attorney General of New York. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 978889. Willie Don Daniel, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 978895. Donald W. Davis, 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. 978896. Salvador Gambino, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978897. John R. Farabaugh, Petitioner v. Lee Markovitz. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 978898. Gregory Curry, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Scioto County, denied. No. 978901. William W. Scott, Petitioner v. Donald Dorsey, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 978902. Charles C. Reed, Jr., 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. 978903. Phillip W. Stanfield, Petitioner v. Osborne Industries, Inc., et al. Petition for writ of certiorari to the Supreme Court of Kan- sas denied. No. 978910. Jose Mendez, aka Ever Quintanilla, 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. 978913. Benny Lee Saylor, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied. No. 978914. Mohammed Maksuour Rahman, Petitioner v. Hal Hub- bard, 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 5, 1998 31 No. 978918. James S. Baldwin, IV, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. No. 978919. Gilbert Avila, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 978925. Dennis McGuire, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 978927. Davy Gene Stephens, Petitioner v. North Carolina. Pe- tition for writ of certiorari to the Supreme Court of North Carolina denied. No. 978934. Joel Brown, Petitioner v. Theo White, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 978937. Benny Lee Clay, Petitioner v. Jimmy Stegall, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 978939. Morris Damon Banks, Petitioner v. Michigan. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 978941. Jeffery Darden, 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. 978942. Donovan Howard, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 978946. Felton B. Green, 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. 978947. Nehemiah Pope, Jr., Petitioner v. Mack Jarvis, Secre- tary, North Carolina Department of Correction, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 978949. Viret Phim, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fifth Appellate Dis- trict, denied.

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32 MONDAY, OCTOBER 5, 1998 No. 978952. Calvin Dumas, Petitioner v. Burl Cain, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978954. Ronald S. Leventhal, Petitioner v. Claude E. Surface, Jr., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 978960. Ronald Dean Lowe, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. No. 978963. Leonard D. Prentice, Petitioner v. Information Re- sources, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 978965. Gary Reed Walp, Petitioner v. Melinda Bozarth. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978966. Theral Terry, Petitioner v. Circuit Court of Mississippi, Sunflower County. Petition for writ of certiorari to the Supreme Court of Mississippi denied. No. 978967. Rodolfo G. Ortiz, Petitioner v. Florida, et al. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 978968. Colleen Riley, Petitioner v. Seattle University, et al. Petition for writ of certiorari to the Court of Appeals of Washington, Division 2, denied. No. 978976. Darrell Ferguson, Petitioner v. David Williams, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied. No. 978977. Charles Lee Trujillo, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 978979. Richard Norris, Petitioner v. West Valley City, Utah. Petition for writ of certiorari to the Court of Appeals of Utah denied. No. 978983. James McQueen Byrd, Petitioner v. Carl Clements. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 978984. Tony Alonzo Bradford, Petitioner v. David Thompson, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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MONDAY, OCTOBER 5, 1998 33 No. 978985. Orland Dennis Stewart, Petitioner v. Burl Cain, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. No. 978986. Lonnie D. Snelling, Petitioner v. Missouri, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 978988. Michael C. Antonelli, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 978990. Carson Lynn Brown, Petitioner v. Raymond G. Toombs, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 978992. Tyrone L. Farris, Petitioner v. Cloid L. Shuler. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 978993. Gary Farrell, 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. 978997. Von Lester Taylor, Petitioner v. Utah. Petition for writ of certiorari to the Supreme Court of Utah denied. No. 978999. Vincent Francis Cass, Petitioner v. Pennsylvania. Peti- tion for writ of certiorari to the Supreme Court of Pennsylvania, West- ern District, denied. No. 979003. Terry K. Arthur, Petitioner v. Fred Stock, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 979005. Emily Burge, Petitioner v. Colorado, et al. Petition for writ of certiorari to the District Court of Colorado, Jefferson County, denied. No. 979009. Johnny Neal, Jr., Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 979013. Johnie Michael Cox, 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. 979014. Charles Peter Allison, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fifth District, denied.

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34 MONDAY, OCTOBER 5, 1998 No. 979016. Johnny Dwayne Staten, Petitioner v. Bob Pruitt, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979019. Omar Mohammed Ali Rezaq, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 979021. Howard Andrew Brewer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 979025. Ethel L. Jones, 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. 979027. Arturo Solis, 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. 979028. Steven Allen Shawley, 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. 979029. Richard Bucci, Petitioner v. Planned Parenthood Feder- ation of America, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 979030. Jose Roberto Santiago, Petitioner v. Massachusetts. Pe- tition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 979031. Tong Park, Petitioner v. County of San Mateo, et al. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied. No. 979036. 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. 979037. Roberto Baez, Petitioner v. United States District Court for the Northern District of Georgia. Petition for writ of certio- rari to the United States Court of Appeals for the Eleventh Circuit denied. No. 979038. Madyun Abdulhaseeb, Petitioner v. Steve Hargett, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

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MONDAY, OCTOBER 5, 1998 35 No. 979039. Stephen S. Hudson, Petitioner v. Okaloosa County Board of County Commissioners, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 979046. Maria Horpenko, Petitioner v. Glenn L. Bliss. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. No. 979049. Mark King, Petitioner v. Burl Cain, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979051. Larry Lynn Robinson, Petitioner v. Darwin Sanders, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979052. Clayborn Smith, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 979053. Gerald L. Raines, Petitioner v. Margarette T. Ghee, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 979055. Cornelius W. Harris, Petitioner v. Kenneth Morgan, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 979056. Rodney Collins, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern District, denied. No. 979059. James Lewis Hardy, Petitioner v. Donald R. Hamlin, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 979062. Robert J. Castaldi, Petitioner v. Township of Radnor, et al. Petition for writ of certiorari to the Commonwealth Court of Pennsylvania denied. No. 979064. J. R. Wilkerson, Petitioner v. James W. Nielsen, Chair- man, California Board of Prison Terms, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Ninth Circuit denied. No. 979065. Allan Walden, Petitioner v. Daniel E. Lungren, Attor- ney General of California. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979068. Daniel R. Morgan, Petitioner v. Mark Kimbrough, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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36 MONDAY, OCTOBER 5, 1998 No. 979069. Eduardo R. Leon, Petitioner v. Ernest C. Roe, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 979071. Steven Raheem Kado, Petitioner v. Stanley Adams, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 979078. Marilyn W. Doe, Petitioner v. A. M. E. Zion Church, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 979081. George M. Escamilla, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Third Judicial Department, denied. No. 979083. Ernest Selby Epps, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fourth Ap- pellate District, denied. No. 979084. Wilmer Paradise, Petitioner v. Warden, Connecticut Correctional Institute. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 979088. Patrick J. Higgins, Sr., Petitioner v. James V. Anderson, Commissioner, Mississippi Department of Corrections, et al. Petition for writ of certiorari to the Supreme Court of Mississippi denied. No. 979095. Daniel W. Risher, 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. 979096. Francis Clayton Hood, Petitioner v. Officer Murphy, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 979097. Scott A. Cuthbert, Petitioner v. Sandy Crawford, Clerk, Circuit Court of Florida, Brevard County, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 979098. Dwain Buffkin, 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. 979100. Otis Frank Williams, 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, OCTOBER 5, 1998 37 No. 979103. Timothy Parks, Petitioner v. Madison County, Indiana, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. No. 979104. Jesse J. Perez, Petitioner v. California; and Jesse J. Perez, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 979106. Salvatore Moretti, 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. 979109. David A. Kersh, Petitioner v. Julian Cook, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 979112. Keith Smith, et ux., Petitioners v. Russell Haynes, et al. Petition for writ of certiorari to the Supreme Court of Montana denied. No. 979114. Vernon Frank Stone, Petitioner v. George Galaza, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979118. Omar Blanco, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 979119. Gene Schofield, Petitioner v. James Brown, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 979121. Feliks Sadowski, Petitioner v. Technical Career Insti- tutes, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 979122. Donald Palmer, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 979123. Roger Roy, Petitioner v. General Dynamics Corpora- tion, Electric Boat Division, et al. Petition for writ of certiorari to the Appellate Court of Connecticut denied. No. 979124. Jimmie Dale Poole, 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. 979126. John Michael Borrie, 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. 979127. Joseph Sellers, 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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38 MONDAY, OCTOBER 5, 1998 No. 979128. Marcos Savedra, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Seventh District, denied. No. 979129. Thomas G. Poulakidas, Petitioner v. United States Court of Appeals for the Seventh Circuit. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 979130. Otis Rudd, Petitioner v. Clinton Robinson, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979131. David Lee Russell, Petitioner v. Johnny Sikes, Warden. Petition for writ of certiorari to the Supreme Court of Georgia denied. No. 979134. David Lee Richards, Petitioner v. Charles Jones, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 979135. David A. Kersh, Petitioner v. Martin & Mehaffy, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 979137. Gordon E. Johnson, Petitioner v. Richard C. Burton, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979138. Parviz Karim-Panahi, Petitioner v. Pete Wilson, Gover- nor of California, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979139. Curtis Dean Purser, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Eighth District, denied. No. 979141. Gustaaf Van't Hof, Petitioner v. Metropolitan Water District of Southern California, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 979143. James Games, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied. No. 979144. Steven Dominque, Petitioner v. Burl Cain, Warden. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979145. Kevin D. Earick, Petitioner v. Laura J. Earick. Petition for writ of certiorari to the Court of Appeal of California, Fourth Ap- pellate District, denied. No. 979146. Michael R. Fuller and Nancy Halstead, Petitioners v. Virginia. Petition for writ of certiorari to the Supreme Court of Vir- ginia denied.

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MONDAY, OCTOBER 5, 1998 39 No. 979150. Eddie Lawrence, Petitioner v. Missouri Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 979154. Jimmy Williams, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. No. 979157. Charles Bradley Rienhardt, Petitioner v. Arizona. Peti- tion for writ of certiorari to the Supreme Court of Arizona denied. No. 979158. Dale G. Wills, Petitioner v. Cal Terhune, Director, Cali- fornia Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979160. Otis Mack Vickson, Petitioner v. Henry D. Alford, Superintendent, Gulf Correctional Institution. Petition for writ of cer- tiorari to the Supreme Court of Florida denied. No. 979161. Mary R. Scarpello, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Fourth Judicial Department, denied. No. 979163. Adrian Ardel Duncan, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Fifth District, denied. No. 979166. Charles Ray Knight, Petitioner v. Edgar Ivester, et al. Petition for writ of certiorari to the Court of Appeals of South Carolina denied. No. 979167. James D. Maciel, Petitioner v. Ernie Roe, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979168. Frankie L. McCoy, Petitioner v. Sewall B. Smith, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 979169. Marvin D. Mayberry, Petitioner v. Gary Gabry. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 979171. Robert Tuerk, Petitioner v. Florida Board of Bar Ex- aminers. Petition for writ of certiorari to the Supreme Court of Flor- ida denied. No. 979172. Timothy E. White, Petitioner v. Fran Rigsby, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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40 MONDAY, OCTOBER 5, 1998 No. 979175. Jaturun Siripongs, Petitioner v. Arthur Calderon, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 979176. 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. 979177. Maria N. Tudorov, Petitioner v. Lucia Colazo. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 979178. Marbel Mendoza, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 979179. Gary Alberts, et ux., Petitioners v. Arthur Gray. Peti- tion for writ of certiorari to the Court of Appeals of Michigan denied. No. 979185. Richard W. Dunnugan, Petitioner v. John Keane, Super- intendent, Sing Sing Correctional Facility. Petition for writ of certio- rari to the United States Court of Appeals for the Second Circuit denied. No. 979188. Kevin James Lisle, Petitioner v. Nevada. Petition for writ of certiorari to the Supreme Court of Nevada denied. No. 979189. Yehanna Joan M. M. Malone, Petitioner v. Steven Sha- piro. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 979190. Keith L. Mason, Petitioner v. United States District Court for the Middle District of Florida. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 979192. William Blount, Sr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 979193. Charles Wayne Johnson, Petitioner v. Hal Meltzer, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979195. James Lee Hess, Petitioner v. Charles Ryan, Warden, et al. Petition for writ of certiorari to the Court of Appeals of Arizona, Division Two, denied. No. 979196. Melvin Gregory, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Lucas County, denied. No. 979197. Johnnie Earl Ewing, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied.

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MONDAY, OCTOBER 5, 1998 41 No. 979198. J. D. Gleaton, Petitioner v. Michael W. Moore, Director, South Carolina Department of Corrections, et al.; No. 979264. Larry Gilbert, Petitioner v. Michael W. Moore, Direc- tor, South Carolina Department of Corrections, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 979201. Ernest Whitfield, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 979202. Michael Zampardi, Petitioner v. United States; and No. 979488. John Cassano, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 979205. Carruthers Johnson, Petitioner v. Danny Waters, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. No. 979206. Henry Douglas Charlton, Petitioner v. William Duncan, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979207. James R. Swofford, Petitioner v. Anthony M. Scillia, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 979210. Michael Damon Rippo, Petitioner v. Nevada. Petition for writ of certiorari to the Supreme Court of Nevada denied. No. 979211. Clay Roselle, Petitioner v. Department of the Interior. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979212. William J. O'Rourke, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Fifth District, denied. No. 979215. Vincent J. Prowell, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied. No. 979216. Jeffrey Pinckney, 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. 979219. Carol J. Weatherspoon, Petitioner v. Alexis Herman, Secretary of Labor. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

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42 MONDAY, OCTOBER 5, 1998 No. 979222. Wayne O. Sowers, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 979224. Donald Ray Varnado, Petitioner v. Burl Cain, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. No. 979225. Aubie Baltin, et ux., Petitioners v. Alaron Trading Cor- poration. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 979226. Bobby Allen Raleigh, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 979227. Pablo San Martin, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 979228. John M. Murray, Petitioner v. Henry D. Alford, Warden. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 979229. Mildred A. Miller-Jackson, Petitioner v. Mead Corpora- tion, et al.; No. 979318. Brenda S. Smith, Petitioner v. Mead Corporation, et al.; and No. 979346. Ann Holcomb, Petitioner v. Mead Corporation, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 979230. Leland Jacobs, Petitioner v. Machell Jacobs, et al. Peti- tion for writ of certiorari to the Court of Appeals of Minnesota denied. No. 979232. Tywanna Faye Martin, 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. 979234. John A. Pikitus, Petitioner v. Borough of Shenandoah Sewage Department. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 979235. Donald H. Brancato, Petitioner v. Ronald J. Fischer, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 979238. Keith D. Limehouse, Petitioner v. Red Lobster, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 979239. Robert Kinslow, 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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MONDAY, OCTOBER 5, 1998 43 No. 979240. Jerry B. King, 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. 979241. Levon Spaulding, Petitioner v. Randy Lee, Administra- tor, Caledonia Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 979244. John M. Murray, Petitioner v. Henry D. Alford, Warden. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 979245. Raymond McCluster, Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 979248. Vernon Jones, Petitioner v. Alabama, et al. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 979251. Richard L. Bast, Petitioner v. Victor M. Glasberg, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 979255. Richard Lovell Henderson, Petitioner v. University of Colorado at Boulder. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 979259. Robert Allen Hirt, Petitioner v. Jim Girard, Minnesota Commissioner of Revenue. Petition for writ of certiorari to the Court of Appeals of Minnesota denied. No. 979262. Rodney E. Hillsman, Petitioner v. New Jersey. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. No. 979263. Ronnie Howard, 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. 979273. Charles E. White, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied. No. 979274. Ronald D. Weaver, Petitioner v. Carolyn A. George, et al. Petition for writ of certiorari to the Commonwealth Court of Pennsylvania denied. No. 979275. Mantha Lee Henderson, Sr., Petitioner v. Iowa, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

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44 MONDAY, OCTOBER 5, 1998 No. 979276. Tyrone Delano Gilliam, Petitioner v. Stuart O. Simms, Secretary, Maryland Department of Public Safety and Correctional Services. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 979280. Jessica C. Adams, Petitioner v. Lockheed Martin. Peti- tion for writ of certiorari to the District Court of Appeal of Florida, First District, denied. No. 979281. Stacy L. Sonnier, Petitioner v. Burl Cain, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979282. Gary Jerome Palmer, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 979284. Michael A. Shaw, 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. 979287. Kenneth Russo, Petitioner v. San Francisco County, California, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979289. Thomas R. Morke, Petitioner v. David A. Garraghty, Warden; Thomas R. Morke, Petitioner v. David A. Garraghty, Warden; Thomas R. Morke, Petitioner v. David A. Garraghty, Warden; and Thomas R. Morke, Petitioner v. David A. Garraghty, Warden. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 979290. Warren T. McEvoy, Petitioner v. M. Jean Hoag. Petition for writ of certiorari to the Court of Appeals of Arizona, Division One, denied. No. 979292. Earl Richmond, Jr., Petitioner v. North Carolina. Peti- tion for writ of certiorari to the Supreme Court of North Carolina denied. No. 979293. Bill E. Tucker, Jr., Petitioner v. Winston Barton, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 979295. Robert Morris Cochran, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 979297. Jack Barrett, Petitioner v. Arizona. Petition for writ of certiorari to the Court of Appeals of Arizona, Division Two, denied. No. 979298. Felix Roche, Petitioner v. United States; and

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MONDAY, OCTOBER 5, 1998 45 No. 979367. Edwin Rivera, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 979299. Gary W. Sweatt, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 979300. Antonio Sanchez Palacios, Petitioner v. Frank Thomp- son, Superintendent, Oregon State Penitentiary, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Cir- cuit denied. No. 979303. Lawrence Colwell, Petitioner v. Nevada. Petition for writ of certiorari to the Supreme Court of Nevada denied. No. 979306. Dale D. Whitley, Petitioner v. Michigan. Petition for writ of certiorari to the Court of Appeals of Michigan denied. No. 979307. Ramon M. Vidal, 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. 979308. Pearly L. Wilson, Petitioner v. John Kinkela, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 979309. Michael S. Diaz, aka Winston Thomas, Petitioner v. James E. Brady. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 979310. Ethel Walton, Petitioner v. Kenneth S. Apfel, Commis- sioner of Social Security. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 979311. Salvatore Moretti, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 979312. Jerry Lee Key, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 979315. Michael Minerd, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylvania, Pittsburgh Office, denied. No. 979317. James Watson Ramsey, 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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46 MONDAY, OCTOBER 5, 1998 No. 979320. Antonio B. Sampang, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979321. Reagan Duane Watson, 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. 979322. Marjorie Wolper, Petitioner v. McGraw-Hill, Inc. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 979323. Raymond Loy Rampey, Petitioner v. George H. Bald- win, Superintendent, Eastern Oregon Correctional Institution. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979324. John Stephen Roley, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 979325. Jeffery Lynn Borden, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. No. 979327. Vincent Perez, 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. 979328. Jamie Lamont Smith, Petitioner v. North Carolina. Pe- tition for writ of certiorari to the Supreme Court of North Carolina denied. No. 979330. Larry D. Turner, Petitioner v. Kirk Johnson. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 979331. Michael Price, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 979334. Daniel Ochoa-Flores, Petitioner v. John M. Tombone, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979337. Willie Mays Aikens, 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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MONDAY, OCTOBER 5, 1998 47 No. 979338. Thelma Ann Davis, Petitioner v. City of Pittsburgh. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 979339. Thomas G. Ervin, 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. 979340. William E. Hawkins, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 979342. Humes Houston Hart, Petitioner v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 979344. Melvin Lee Davis, aka Pops Davis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979345. Bobby Ray Fretwell, 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. 979347. Ronald Marcus Gholston, Petitioner v. Ralph Hooks, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 979348. Joey Lee Smith, Petitioner v. Tennessee. Petition for writ of certiorari to the Court of Criminal Appeals of Tennessee, Mid- dle Division, denied. No. 979349. Larry Lynn Robinson, Petitioner v. K. Ratnarajah, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979350. Gary L. Sammons, Petitioner v. Michael A. Nelson, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 979351. Kenneth Leron Satterwhite, Petitioner v. Vernice Small, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979353. Monte McCoy, 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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48 MONDAY, OCTOBER 5, 1998 No. 979354. Michael Joe Boyd, Petitioner v. Tennessee. Petition for writ of certiorari to the Supreme Court of Tennessee, Western Divi- sion, denied. No. 979355. John Lee Cobbs, Petitioner v. United States; No. 979369. Taubari Olanyan Latson, Petitioner v. United States; andNo. 979562. Demetrius Marcus Williams, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 979356. Henry Callaway, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 979357. Derrick Eugene Coleman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 979359. Alan D. Breech, Petitioner v. Alabama Power Company, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. No. 979360. Angelo B. Perry, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 979363. William S. Cummings, 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. 979364. John S. Coates, III, 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. 979365. Luis A. Padilla-Flores, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979366. Dwayne Willard Phillips, Petitioner v. Tennessee. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Tennes- see, Eastern Division, denied. No. 979368. Johnny Quinones-Ruiz, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979370. Larry Darnell Moore, 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, OCTOBER 5, 1998 49 No. 979371. Victor Lyons, Petitioner v. Michael Carlton Sills. Peti- tion for writ of certiorari to the Supreme Court of Arizona denied. No. 979372. Levon Misirli, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979373. I. Stephan Bloch, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979374. Paul Aduluije Aghaji, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979375. Wayne A. Smith, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern District, denied. No. 979376. Randall Orvis Peterson, 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. 979377. Antonio B. Williams, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 979378. Franklin E. Carter, Petitioner v. West Virginia. Peti- tion for writ of certiorari to the Supreme Court of Appeals of West Virginia denied. No. 979379. Leroy Pooler, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 979380. Jeffrey A. Rosenberg, Petitioner v. Department of the Air Force, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 979381. Mayner J. Pope, Petitioner v. Board of School Commis- sioners of Baltimore City, et al. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied. No. 979382. Terry Lynn Beydler, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979383. Juleen Brown, 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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50 MONDAY, OCTOBER 5, 1998 No. 979384. Anthony D. Bressi, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 979385. LeRoy Harris, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 979386. Bobby Ray Fretwell, 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. 979387. Carolyn Jean Harris, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 979389. Derek Marquis Fleming, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 979390. Cedric Carter, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Hamilton County, denied. No. 979391. Wali F. Rashed, Petitioner v. Joseph W. Dorsey, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 979392. Rose D. Stewart, Petitioner v. Hechinger Stores Com- pany. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied. No. 979393. Scott L. Panetti, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 979394. Michael Louis Biszalik, Petitioner v. Michigan. Petition for writ of certiorari to the Court of Appeals of Michigan denied. No. 979395. Ricardo Lara-Guevara, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 979396. Terrance Leroy Nelson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 979397. Dwayne Adrian Kirkland, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 979398. Juan Manuel Leuvano, 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 5, 1998 51 No. 979399. Mario Martinez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 979400. Charles Leon Kirksey, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 979401. Efrain Lopez-Elizondo, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 979402. Myron Lieberman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 979403. Terry Spears, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979404. Ralph D. Owen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979405. Gerald Lee Powers, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979406. Arthur Paul Baird, II, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied. No. 979407. Franklin Chippewa, Sr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979408. Robert L. Allison, Petitioner v. United States; and No. 979555. Paul Stafford, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied. No. 979409. Jose Juan Zarate-Martinez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979410. George E. Wright, Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 979411. Frederick Urban, 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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52 MONDAY, OCTOBER 5, 1998 No. 979412. Woodrow Wollesen, Petitioner v. Ana Maria Sacasa. Petition for writ of certiorari to the Court of Special Appeals of Mary- land denied. No. 979413. Louis Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 979415. Dyke Hoy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 979416. Brian S. Grimmond, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 979417. Daniel G. Gellert, Petitioner v. Commissioner of Inter- nal Revenue, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 979418. Dinah Grant, Petitioner v. Regents of the University of California, et al. Petition for writ of certiorari to the Court of Appeal of California, Third Appellate District, denied. No. 979419. Russell Hechinger, Petitioner v. Delaware. Petition for writ of certiorari to the Supreme Court of Delaware denied. No. 979420. Bobby D. Hart, 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. 979421. Renard A. Daniels, Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 979422. Darrell Houston, Petitioner v. Carl Anderson, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 979424. Thomas R. Hester, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Armed Forces denied. No. 979425. Thomas Fly, Petitioner v. Georgia. Petition for writ of certiorari to the Court of Appeals of Georgia denied. No. 979427. Roger Dawson and Sylvester Smith, Petitioners v. Dis- trict of Columbia. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

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MONDAY, OCTOBER 5, 1998 53 No. 979428. John Thomas Noland, Jr., Petitioner v. James B. French, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 979430. Willie James Watson, 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. 979431. Michael J. Jackson, Petitioner v. Paul Caspari, Superin- tendent, Missouri Eastern Correctional Center. Petition for writ of cer- tiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 979432. Eduardo Morejon, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Third District, denied. No. 979433. Julio Bueno, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 979434. Arthur Patterson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 979435. Michael Franklin Einfeldt, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 979436. David E. Bailey, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the District of Columbia Court of Ap- peals denied. No. 979437. Jerome Cecil Black, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. No. 979438. Joel Brown, 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. 979439. Michael Bruccheri, Jr., Petitioner v. Arizona. Petition for writ of certiorari to the Court of Appeals of Arizona, Division One, denied. No. 979440. Charles A. Trobaugh, Petitioner v. Iowa. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

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54 MONDAY, OCTOBER 5, 1998 No. 979443. Earl Taylor, Jr., Petitioner v. Jon Sharp. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979444. James B. Wilkie, 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. 979445. Jesse Ellsworth Whitsel, Petitioner v. Thomas Hundley, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 979446. 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. 979447. Larry Lane Aultman, Petitioner v. Henry D. Alford, Warden. Petition for writ of certiorari to the Supreme Court of Flor- ida denied. No. 979448. Tuan Anh Nguyen, Petitioner v. Dan Reynolds, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied. No. 979449. Darrell Alan Link, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 979450. Robert Lee Anderson, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied. No. 979451. James Caputo, Petitioner v. J. J. Clark, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 979452. John D. Brown, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 979453. Cynthia Loroene Brown, Petitioner v. Phillip Frazier. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 979456. Willie B. Powell, Petitioner v. Ralph Battle, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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MONDAY, OCTOBER 5, 1998 55 No. 979457. Hamid Reza Sayadi-Takhtehkar, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979458. Chester Lee Rutherford, 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. 979459. Gerald Spagnoulo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 979460. Edward Michael O'Brien, Petitioner v. General Motors Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979461. Anthony W. Roberson, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Third District, denied. No. 979462. Michael Ray Benson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 979464. Barry Williams, Petitioner v. Burl Cain, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979465. Eugene Brabson, Petitioner v. Tennessee; Terry Davis, Petitioner v. Tennessee; and Cecil Williamson, Petitioner v. Tennessee. Petition for writ of certiorari to the Court of Criminal Appeals of Ten- nessee, Eastern Division, denied. No. 979466. Abiodun Henri Lagoye, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979467. 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. 979468. Curt McDonnell, aka Curtis Justice, Petitioner v. Wil- liam J. Clinton, President of the United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 979469. Stanley A. Lancaster, Petitioner v. Linda Griffin, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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56 MONDAY, OCTOBER 5, 1998 No. 979470. LaDonovan Owens, Petitioner v. Daniel E. Lungren, Attorney General of California, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979471. Guadalupe Soto-Cervantes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 979472. Nathan M. Rogers, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979473. Teresa Gloria Alegre, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Third Appel- late District, denied. No. 979474. David Lee Clarey, Petitioner v. Stephen S. Gregg, United States Marshal for the Southern District of California. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979476. Stanley Ray Asbury, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 979477. Terry W. Mickey, Petitioner v. North Carolina. Petition for writ of certiorari to the Supreme Court of North Carolina denied. No. 979478. Abdulio Lazo-Ortiz, aka Obdulio Laza, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 979479. Alvin Ray Mathis, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979480. Grace Marsh, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 979481. Marc Charles Mendoza, Petitioner v. Hawaii. Petition for writ of certiorari to the Supreme Court of Hawaii denied. No. 979482. Michael Scott Ioane, Petitioner v. John H. Coward. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979483. Raymond Liess, Jr., 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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MONDAY, OCTOBER 5, 1998 57 No. 979484. Phillip J. Pennellatore, Petitioner v. Larry E. DuBois, Commissioner, Massachusetts Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 979485. Anthony J. Carta, Petitioner v. United States; No. 985109. Mary Gilmore, Petitioner v. United States; No. 985131. Shirley D. McAleer, Petitioner v. United States; and No. 985132. James L. McAleer, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 979487. Richard Kenneth Cox, Petitioner v. Pamela A. Sargent, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. No. 979489. Michael J. Bowler, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979490. Fred Creley, Petitioner v. Tim LeMaster, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 979491. Terry J. Bender, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 979492. Dennis J. Sittman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979493. Dwayne Peyton, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 979494. Ramon Portorreal-Quezada, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 979495. Adam Riojas, Petitioner v. Bert Rice, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979496. Marvin E. Miller, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 979497. Marvin Moore, 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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58 MONDAY, OCTOBER 5, 1998 No. 979498. Antonio Rafael Montero-Morlotti, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979499. Vernon L. Mara, Petitioner v. Hawaii. Petition for writ of certiorari to the Supreme Court of Hawaii denied. No. 979500. Paul B. Haring, et ux., Petitioners v. IR Federal Credit Union. Petition for writ of certiorari to the Supreme Court of Vir- ginia denied. No. 979501. Gene Harrison, Petitioner v. Hawaii. Petition for writ of certiorari to the Supreme Court of Hawaii denied. No. 979502. Derrick Brodnax, 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. 979503. Jonathan E. Mathis, Petitioner v. John R. Oden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979505. Dean McKenzie, Petitioner v. Pennsylvania, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 979506. Mark Lender, Petitioner v. Massachusetts. Petition for writ of certiorari to the Appeals Court of Massachusetts denied. No. 979507. Fernando Perez Bustillo, 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. 979508. Glenn L. Coleman, Petitioner v. Dennis Jacobs, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 979509. Kenneth S. Alexander, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 979510. Tony Colida, Petitioner v. Sony Corporation of America. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 979511. Richard N. Clewell, Petitioner v. United Church of Christ, 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 5, 1998 59 No. 979512. Raymond Stewart, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979513. Bertha Pappas, Petitioner v. Ernest Pappas. Petition for writ of certiorari to the Supreme Court of Delaware denied. No. 979514. Amir Solomon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 979515. Curtis Harris, Petitioner v. United States Postal Serv- ice. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 979516. Joseph A. Gallo, Petitioner v. Peggy L. Kernan, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 979518. James D. Harper, Jr., 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. 979519. Larry Gene Goble, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. No. 979520. Tyronne Edwards, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. No. 979521. James Dean Glover, 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. 979522. Joseph Glover, Jr., Petitioner v. Department 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. 979523. Fitzgerald Hinson, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. No. 979524. Kenneth B. Davenport, Petitioner v. David Owens, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 979526. Ruben Miguel Buckner, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979527. Jerre Wayne Allen, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

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60 MONDAY, OCTOBER 5, 1998 No. 979528. Peggie Burg, Petitioner v. Raven, Kirschner & Norell, P.C. Petition for writ of certiorari to the Court of Appeals of Arizona, Division Two, denied. No. 979529. Cletus O. Ashiegbu, Petitioner v. Jay Kim, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 979530. Rodney Chitty, Petitioner v. Nebraska. Petition for writ of certiorari to the Supreme Court of Nebraska denied. No. 979531. Tommie G. Clark, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979532. Andre Swinton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 979533. Charles Thomas Joyner, Petitioner v. B. Taylor, Deputy Sheriff, Shelby County, Tennessee, et al. Petition for writ of certiorari to the Court of Appeals of Tennessee, Western Division, denied. No. 979534. Richard L. Bowes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979535. Emilio Ernesto Cornejo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979536. Asen Bonev, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 979537. Kenneth Mocks, Petitioner v. Massachusetts. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied. No. 979538. David Lyles, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied. No. 979539. Michael L. Myers, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadel- phia Office, denied. No. 979540. Rusley Robinson, Jr., Petitioner v. David C. Henderson, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied.

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MONDAY, OCTOBER 5, 1998 61 No. 979541. John B. Pender, Petitioner v. Union County, New Jer- sey, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 979542. Godfrey Spencer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 979543. Nazareen Ward, Petitioner v. General Motors National Retirement Service. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979544. Thomas Charles Toth, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 979545. Reinhold F. Zuther, Petitioner v. Robert R. Moon, Judge, Superior Court of Arizona, Mohave County. Petition for writ of certiorari to the Court of Appeals of Arizona, Division One, denied. No. 979546. Wayne Haywood Williams, 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. 979547. Regina Viloria, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979548. Carlos Velasquez-Tello, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 979549. Gabriel Valle, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979550. Eddie James Walker, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Fifth District, denied. No. 979551. John Tonubbee, Petitioner v. River Parishes Guide, et al. Petition for writ of certiorari to the Supreme Court of Louisiana denied. No. 979552. Cletus O. Ashiegbu, Petitioner v. James E. Herron, Ohio Bureau of Employment Services, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Sixth Circuit denied. No. 979556. Keljer King, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Petition

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62 MONDAY, OCTOBER 5, 1998 for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979557. John Luckett, Petitioner v. United States, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979558. Victor Vaughn, Petitioner v. Chris Artuz, Superintend- ent, Green Haven Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 979559. Danny G. Thomas, Petitioner v. Missouri, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 979560. Anthony Young, Petitioner v. Britton Dennis, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 979561. Terrance Zerla, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Franklin County, denied. No. 979563. Harold Story, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 979564. Isaias Paredes-Batista, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 979565. Michael Anthony Crawford, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 979566. Miguel Rubio Betancourt, 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. 979567. Dobie Gillis Williams, Petitioner v. Burl Cain, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979568. Kelvin Bowman, 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. 979569. Leslie E. Carter, Petitioner v. Ernie Roe, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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MONDAY, OCTOBER 5, 1998 63 No. 979572. Jerry Hughes, Petitioner v. Robert Mitchell, Superin- tendent, Eastern Correctional Facility, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Second Circuit denied. No. 979573. Dave Harrison, Petitioner v. David W. Helman, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. No. 979574. Willie Freeman, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied. No. 979575. Guy Hubert Hall, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979576. Jose Gonzalez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979578. Thomas Garcia, 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. 979579. Donald Dallas, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. No. 979580. Darrel Wayne Hill, Petitioner v. Arkansas. Petition for writ of certiorari to the Supreme Court of Arkansas denied. No. 979581. Corinne Guilmain, Petitioner v. Washington Family Court. Petition for writ of certiorari to the Supreme Court of Ver- mont denied. No. 979582. Darrell Belo, Petitioner v. City of High Point, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 979583. Bassam Arnous, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 979584. David Eugene Matthews, Petitioner v. Kentucky. Peti- tion for writ of certiorari to the Supreme Court of Kentucky denied. No. 979585. Cornelius Knottnerus, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 979586. Mark A. Lee, Petitioner v. Cushman, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

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64 MONDAY, OCTOBER 5, 1998 No. 979587. Samuel R. Metz, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Washington County, denied. No. 979588. John Wesley Stewart, Petitioner v. Colin C. J. Angliker, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. No. 979590. Wilbert Emory Leslie, Petitioner v. Nevada. Petition for writ of certiorari to the Supreme Court of Nevada denied. No. 979591. Thomas Keenan, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 979592. Alice A. Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 979593. John Paul Turner, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 979594. Anthony Thomas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979595. Howard Wilson, 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. 979596. Vinson G. Crenshaw, Petitioner v. Kansas; and Vinson G. Crenshaw, Petitioner v. Kansas. Petition for writ of certiorari to the Court of Appeals of Kansas denied. No. 979597. James Ricky Bryant, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 979598. William Fulton, Petitioner v. Whitley Circuit Court, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 979599. Eric Joseph Guay, Petitioner v. Jimmy Stegall, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 979600. Brian Keith Franklin, Petitioner v. James A. Gammon, Superintendent, Moberly Correctional Center, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

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MONDAY, OCTOBER 5, 1998 65 No. 979601. Robert Green Fairbank, Jr., Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. No. 979602. Don Wilson Hawkins, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. No. 979603. Terrell Whaley, 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. 979604. Luis Tobias, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 979605. Matthew Eric Wrinkles, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied. No. 979606. Thomas Higgins, Petitioner v. Christopher Artuz, Superintendent, Green Haven Correctional Facility, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 979607. Monroe E. Davis, Petitioner v. Donal Campbell, Com- missioner, Tennessee Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 979608. James B. Geitz, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fifth District, denied. No. 979609. Rene Diaz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979610. James Dannals, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979611. John R. Farabaugh, Petitioner v. Allegheny Valley Hos- pital, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 979612. George G. Ross, Petitioner v. Bert Rice, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979613. Ronald Dwight Schackart, Petitioner v. Arizona. Peti- tion for writ of certiorari to the Supreme Court of Arizona denied.

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66 MONDAY, OCTOBER 5, 1998 No. 979614. John Snavely, Petitioner v. City of Palo Alto. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979616. Ralph E. Williams, Jr., Petitioner v. Robert Allan Edgar, Judge, United States District Court for the Eastern District of Tennessee, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 979618. Eric Lee Brelove, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 979619. Richard Canatella, Petitioner v. Louise Renne, et al. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied. No. 979620. Bryan Edmond Hunt, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 979621. Freddie Harrison, Petitioner v. Tennessee. Petition for writ of certiorari to the Court of Criminal Appeals of Tennessee, East- ern Division, denied. No. 979622. Peter D. Huff, aka Doug Thompson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 979623. Keith William DeBlasio, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 979624. Monte Ray Bixler, 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. 979625. Kieran Kennedy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 979627. Paul N. Clavette, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979628. Michael Dewayne Boxley, Petitioner v. West Virginia. Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied.

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MONDAY, OCTOBER 5, 1998 67 No. 979629. Jeffrey Ronald Tizer, Petitioner v. Montgomery County Orphans' Court. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Middle District, denied. No. 979631. Harold H. Uchimura, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979632. Sarah Stadtfeld, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 979633. Charles Eugene Epley, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Fourteenth District, denied. No. 979634. Steven W. Parkus, 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. No. 979635. Toby Rash, Petitioner v. Bill Rains, Warden, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979636. Karen Sue Shaffer, Petitioner v. Workers' Compensa- tion Division and West Virginia Division of Vocational Rehabilitation. Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied. No. 979637. Marvin E. Martin, Petitioner v. James M. Davis, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 979638. Keith Judd, Petitioner v. University of New Mexico, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979639. Marvin L. King, Petitioner v. Bruce Babbitt, Secretary of the Interior. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 979640. Arron C., Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, First Appellate Dis- trict, denied. No. 979641. Willie Crawford Bennett, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 979642. Kimberly Dawn Lundgren, Petitioner v. Joan Yukins, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

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68 MONDAY, OCTOBER 5, 1998 No. 979643. Yehanna Joan M. M. Malone, Petitioner v. Elaine Chan. Petition for writ of certiorari to the District of Columbia Court of Ap- peals denied. No. 979646. George W. Baldwin, Petitioner v. Michael F. Easley, Attorney General of North Carolina, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Fourth Circuit denied. No. 979647. Gregory Oliver, Petitioner v. Thomas J. Ervin, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 979648. Franklin Camacho, Petitioner v. New Jersey. Petition for writ of certiorari to the Supreme Court of New Jersey denied. No. 979649. Lynn B. Bell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 979650. Darius Smith, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 979651. Thomas Mark Shleifer, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979652. Dennis Kyle Wood, Petitioner v. James C. Pierce, III, Superintendent, Caswell Correctional Center, et al. Petition for writ of certiorari to the Supreme Court of North Carolina denied. No. 979653. Charlotte Randall, Petitioner v. Robert E. Mangels, et al. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. No. 979654. Kathleen Walczak, Petitioner v. Massachusetts State Retirement Board. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 979656. Larry Lynn 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. 979657. Michael Nelson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 979658. Monica King, Petitioner v. James O. Freedman, et al. Petition for writ of certiorari to the Superior Court of New Hampshire, Rockingham County, denied.

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MONDAY, OCTOBER 5, 1998 69 No. 979659. Joseph James Bongiorno, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 979660. Jonathan B., Petitioner v. New Mexico. Petition for writ of certiorari to the Supreme Court of New Mexico denied. No. 979663. Edward V. Lawrence, 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. 979664. Gilbert Kirk, Petitioner v. James Phillip Knight, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 979665. Tracy Brian Brown, 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. 979666. Danny Barnett, Petitioner v. James Gammon, Superin- tendent, Moberly Correctional Center. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 979667. David Dean Anderson, Petitioner v. Jack M. Garner, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979668. David P. Bolton, Petitioner v. Tana Wood, Superintend- ent, Washington State Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979669. Timothy D. V. Bazrowx, 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. 979670. Gary Lee Howe, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 979671. William D. Hubbard, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979672. Alfred Bernard Harris, 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. 979673. Barry J. Duvigneaud, Petitioner v. Mitch Morrow, Act- ing Superintendent, Oregon State Penitentiary. Petition for writ of cer-

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70 MONDAY, OCTOBER 5, 1998 tiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979674. Roger Hummel, Petitioner v. Jose J. Baca, Judge, Dis- trict Court of Texas, El Paso County. Petition for writ of certiorari to the Court of Appeals of Texas, Eighth District, denied. No. 979675. Gary Lawayne Goings, Petitioner v. Carl White, Super- intendent, Algoa Correctional Center, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Eighth Circuit denied. No. 979677. Eddie Lee Galloway, Petitioner v. Michael C. Speros, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 979678. William Columbus Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 979679. Isaac I. Omoike, Petitioner v. Louisiana. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979680. David Furtado Gray, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 979681. Jose Antonio Angulo Felix, 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. 979682. Monica King, Petitioner v. Superior Court of New Hampshire, Rockingham County. Petition for writ of certiorari to the Supreme Court of New Hampshire denied. No. 979683. Vinh Hung Lam, Petitioner v. Interim Services, Incor- porated. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 979684. Keljer King, Petitioner v. Christopher Elser. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979685. Michelle Coutermarsh, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 979687. Monson Lee Durham, Petitioner v. United States; and

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MONDAY, OCTOBER 5, 1998 71 No. 985065. Danny Ray Evans, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 979688. Confessor Perez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 979689. Jeffrey A. Rosenberg, Petitioner v. Montgomery County, Maryland, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 979690. Albert Pena Casas, aka Albert Simon Casarez, Peti- tioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979691. Adan Brito, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 979692. Richard C. Bartel, Petitioner v. Eastern Airlines. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 979693. Darryl Jerome Brown, 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. 979694. Eugene H. Campbell, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. No. 981. James A. Long, et al., Petitioners v. Firstrust Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 983. Ollie Mastronardi, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Erie County, denied. No. 985. Andre Kimboko, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 987. Charles L. Grimes, Petitioner v. Vitalink Communications Corporation. Petition for writ of certiorari to the Supreme Court of Delaware denied. No. 988. Stewart A. Feldman and Marla B. Matz, Petitioners v. Niel Morgan. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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72 MONDAY, OCTOBER 5, 1998 No. 989. Stanley Emanuel and Peter Emanuel, dba Salvation Dis- posal & Construction Co., Petitioners v. J. M. Container Corp. Petition for writ of certiorari to the Supreme Court of New Hampshire denied. No. 9812. Henry Zimmer, Petitioner v. Dan Naumann, Parish Coun- cil Chairperson, et al. Petition for writ of certiorari to the Court of Appeals of Minnesota denied. No. 9813. Emily J. Wagner, Petitioner v. TRW, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 9814. John Cleveland, et al., Petitioners v. Dorothy H. Wilken, Clerk, Circuit Court, Fifteenth Judicial Circuit, Palm Beach County, Florida, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 9815. Robyn Astaire, Petitioner v. Best Film & Video Corpora- tion. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 9816. Shelby Baucum, Petitioner v. Robyn Sanders, Cynthia Mullanix, and Casa View Baptist Church. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 9820. Rita S. Oglesby, Individually and as Representative of the Estate of Larry Glenn Oglesby, Deceased, Petitioner v. Brown & Williamson Tobacco Corporation, etc., et al.; No. 9831. Martha Vela Whirley, Petitioner v. Brown & Williamson Tobacco Corporation, Individually, and as Successor By Merger to the American Tobacco Company, et al.; and No. 9871. Kenneth Michael Hulsey, Petitioner v. Brown & William- son Tobacco Corporation, etc., et al. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 9823. Harry Aleman, Petitioner v. Circuit Court of Cook County, Illinois, Criminal Division, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 9825. Florence H. Alexander, Petitioner v. Herbert E. Baker, Attorney General of Georgia, et al. Petition for writ of certiorari to the Supreme Court of Georgia denied. No. 9826. Andrei Niculescu, Petitioner v. Immigration and Natural- ization Service. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 9827. Alex Blankenship, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

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MONDAY, OCTOBER 5, 1998 73 No. 9829. Z. J. Gifts D2, L. L. C., dba Christie's, Petitioner v. City of Aurora. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 9830. Lechuza Villas West, Petitioner v. California Coastal Commission, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 9832. John Roumeliotis, Petitioner v. George Popa. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 9833. Scott Lynn Christenson, Petitioner v. Tony Turpin, War- den. Petition for writ of certiorari to the Supreme Court of Georgia denied. No. 9834. Nelson Fernandes, Petitioner v. Environmental Protec- tion Agency, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 9835. Aretha Ann Atwater, Petitioner v. Federal Express Cor- poration. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 9836. Roy K. Preston, Petitioner v. Georgia Power Company. Petition for writ of certiorari to the Court of Appeals of Georgia denied. No. 9837. Paul Talanda, Petitioner v. KFC National Management Company, dba KFC, aka Kentucky Fried Chicken. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 9839. Eugene E. Klecan and Donald Schauerte, Petitioners v. New Mexico Right to Choose/NARAL, et al. Petition for writ of certio- rari to the Supreme Court of New Mexico denied. No. 9840. Sergio LaFontaine, Petitioner v. Commissioner of Correc- tional Services of New York. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 9841. Robert L. Vera Cruz, Petitioner v. City of Escondido. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 9844. Gerald Gee, Petitioner v. Frederick Humphries, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 9845. Murray Alan Coats, Petitioner v. Robert Smith, Superin- tendent, Eastern Correctional Institution. Petition for writ of certio-

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74 MONDAY, OCTOBER 5, 1998 rari to the United States Court of Appeals for the Fourth Circuit denied. No. 9846. Brotherhood of Maintenance of Way Employees, Peti- tioner v. Atchison, Topeka & Santa Fe Railway Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 9847. William Doyle Wood, Petitioner v. City Council of Manas- sas, et al. Petition for writ of certiorari to the Circuit Court of Virginia, Prince William County, denied. No. 9848. Frank Paul Lukacs, 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. 9849. Immanuel Grinn, Petitioner v. Village of North Palm Beach, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 9851. Alan Basch, et al., Petitioners v. The Ground Round, Inc. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 9852. Gary Victor Dubin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 9853. Michael C. Gold, Petitioner v. City of Miami, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 9856. Melvin E. Harwick, Petitioner v. Dwayne "Andy" Ander- son, Individually and as Sheriff of McClain County, Oklahoma, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 9857. Albert D'Aurizio, Petitioner v. Borough of Palisades Park, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 9858. In Re Gerald L. Brumley, Petitioner. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 9859. William Jackson, Petitioner v. CSX Transportation, Inc., and Doug Corcoran. Petition for writ of certiorari to the Court of Ap- peal of Louisiana, Fourth Circuit, denied.

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MONDAY, OCTOBER 5, 1998 75 No. 9860. Keith Buck, Petitioner v. Fries & Fries, Inc. and Hercules Flavor, Inc., dba Tastemaker. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 9861. David P. Broome, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 9863. S. August Fasone, Petitioner v. Clinton Township, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 9864. Rebecca A. Jones, Executrix of the Estate of Scott R. Jones, Deceased, Petitioner v. Consolidated Rail Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 9865. Thomas J. Dillon, Petitioner v. Arthur Beeler, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 9866. Denise M. Kennedy, Petitioner v. Schoenberg, Fisher & Newman, Ltd., and Robert C. Goldberg. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 9867. William H. Brandt, Petitioner v. Norm Maleng, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 9870. Dennis Rae Buckley, Petitioner v. Arizona. Petition for writ of certiorari to the Court of Appeals of Arizona, Division One, denied. No. 9873. John G. Price and David G. Price, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 9875. Daniel R. Thomas, Petitioner v. Oregon. Petition for writ of certiorari to the Supreme Court of Oregon denied. No. 9878. City and County of Honolulu, Petitioner v. Small Land- owners of Oahu, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 9879. Kristopher Sellers, by His Parents Alan Sellers, et ux., et al., Petitioners v. School Board of the City of Manassas, Virginia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

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76 MONDAY, OCTOBER 5, 1998 No. 9880. J. St. Girard Jordan, Petitioner v. SmithKline Beecham, Inc. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied. No. 9881. Robert L. Schulz and John Salvador, Jr., Petitioners v. New York State Executive, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 9882. International Union of Operating Engineers, Local 18, Petitioner v. Michael Vencl. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 9887. Patricia S. Martin, Petitioner v. Hugh Lamar, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 9889. J. A. Croson Company, Petitioner v. J. A. Guy, Inc., et al. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 9890. Richard Bolt, Petitioner v. Daytona Community Hospital, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. No. 9892. George Glascoe, Petitioner v. Shoppers Food Warehouse MD Corp. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied. No. 9895. Key Bank National Association, fka Key Bank of New York, Petitioner v. Ronald P. Milham, et ux., and Andrea E. Celli. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 9896. Elliott's Enterprises, Incorporated, Petitioner v. Flying J, Incorporated, and CFJ Properties. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 9899. Jadair, Incorporated, Petitioner v. Allied Colloids, Incor- porated. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 98100. William A. Fairfull, Petitioner v. Jim Lee, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 98104. Oscar F. Sanchez, et ux., Petitioners v. Charles Swyden, Inspector, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 98106. Doris L. Sassower, Petitioner v. Guy Mangano, Presid- ing Justice of the Appellate Division, Second Department, Supreme

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MONDAY, OCTOBER 5, 1998 77 Court of New York, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 98107. R. M. Smith, Petitioner v. National Collegiate Athletic Association, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 98108. James Travis Davis and Donald L. Shaw, Petitioners v. Glen Shavers. Petition for writ of certiorari to the Supreme Court of Georgia denied. No. 98109. Manuel Parra, et al., Petitioners v. City of Chino, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98110. Julian P. Kornfeld, Petitioner v. Commissioner of Inter- nal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 98111. Charles G. Milden, et ux., Petitioners v. State of the Art, Inc., et al. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. No. 98112. Dawn Dee Bryant, et al., Petitioners v. General Dynam- ics Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 98113. Nikolay Senchenko, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98114. A.R. and L.R., Petitioners v. Massachusetts. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied. No. 98115. Andrew Lee Mitchell, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 98116. Thomas A. Wilkinson, III, and Edward M. Conk, Peti- tioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 98117. Stephen W. Rupp, Trustee, Petitioner v. Julia Taylor. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 98118. Wisconsin Right to Life, Inc., Petitioner v. Gregory J. Paradise, Chairman, Wisconsin State Elections Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

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78 MONDAY, OCTOBER 5, 1998 No. 98119. Joseph A. May, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 98120. Sylvia D. Reckliess, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 98121. John J. Walker, et al., Petitioners v. Federal Home Loan Mortgage Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 98122. Robert David Campbell, Petitioner v. Sherman Hatcher, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 98123. Rockie Ratcliff, et al., Petitioners v. Capital Cities/ABC, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 98124. Burbank-Glendale-Pasadena Airport Authority, Peti- tioner v. City of Burbank, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98125. Jodi Goodwin, Individually, and as Next Friend of Betty Jo Goodwin, a Minor, Petitioner v. Randy Hall. Petition for writ of certiorari to the Supreme Court of Wyoming denied. No. 98129. Cicely Ann Procopio, a Minor, By and Through Her Next Friend and Mother, Suzette Procopio, Petitioner v. University School of Nova Southeastern University, etc., et al. Petition for writ of certio- rari to the United States Court of Appeals for the Eleventh Circuit denied. No. 98132. Western Resources, Inc., Receiver of the Assets of the Victor Muscat Testamentary Trusts, Petitioner v. California. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98133. Unnamed Attorney, Petitioner v. Maryland Attorney Grievance Commission. Petition for writ of certiorari to the Court of Appeals of Maryland denied. No. 98134. Michael Levine, Petitioner v. Securities and Exchange Commission. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 98136. Victor J. Orena, Petitioner v. United States; and Pas- quale Amato, 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, OCTOBER 5, 1998 79 No. 98138. Isom E. Turquitt, etc., Petitioner v. Jefferson County. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 98139. Pablo Fernandez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 98140. Jerry R. Fent, et ux., Petitioners v. Oklahoma Capitol Improvement Authority, etc. Petition for writ of certiorari to the Su- preme Court of Oklahoma denied. No. 98141. Robert P. DeLuca, Sr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 98142. Shong-Ching Tong, Petitioner v. Domingo Garcia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98143. Doris Kahn, Petitioner v. Smith Barney, Harris Upham & Co., Inc. Petition for writ of certiorari to the Appellate Divi- sion, Supreme Court of New York, First Judicial Department, denied. No. 98144. In Re Larry Klayman and Paul J. Orfanedes, Petition- ers. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied. No. 98146. Daniel B. Snyder, Petitioner v. Joe Morgan. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Middle Dis- trict, denied. No. 98147. TPI International Airways, 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. 98148. George Aubin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 98150. Adaptive Power Solutions, LLC, Petitioner v. Hughes Missile Systems Company, and Raytheon Company. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98151. Jacqueline Ragan, 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. 98152. Charles F. Hockenbarger, Petitioner v. Kansas. Petition for writ of certiorari to the Court of Appeals of Kansas denied.

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80 MONDAY, OCTOBER 5, 1998 No. 98156. Robert Morris, Petitioner v. Cooper Stevedoring Com- pany, and Insurance Company of America. Petition for writ of certio- rari to the United States Court of Appeals for the Fifth Circuit denied. No. 98157. Friederike Monika Adsani, Petitioner v. Peter Miller, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 98159. Jerome Berg, Petitioner v. State Bar of California. Peti- tion for writ of certiorari to the Supreme Court of California denied. No. 98160. Irene Skinner, Petitioner v. United States Railroad Re- tirement Board. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 98164. William H. Brandt, Petitioner v. King County District Court, Shoreline Division. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98165. Shirley C. Cain, Individually, and as Personal Repre- sentative of the Estate of Brian Keith Thompson, et al., Deceased, Petitioner v. City of Tacoma and Tacoma Housing Authority. Petition for writ of certiorari to the Court of Appeals of Washington, Division 2, denied. No. 98166. Colleen Michaels, Petitioner v. Washington County Chil- dren Services Board. Petition for writ of certiorari to the Court of Appeals of Ohio, Washington County, denied. No. 98168. Leonard R. Kahn, Petitioner v. General Motors Corpora- tion. Petition for writ of certiorari to the United States Court of Ap- peals for the Federal Circuit denied. No. 98169. Gary Frost and George Johnson, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 98170. Keystone Coca-Cola Bottling Co., Petitioner v. Pennsyl- vania Unemployment Compensation Board of Review. Petition for writ of certiorari to the Commonwealth Court of Pennsylvania denied. No. 98171. Viney K. Gupta, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98174. David W. Silverman, Independent Fiduciary of the Uni- tron Graphics, Inc., Profit Sharing Trust, etc., Petitioner v. Mutual Ben- efit Life Insurance Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

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MONDAY, OCTOBER 5, 1998 81 No. 98175. U. S. Supply Company, Incorporated, Petitioner v. Apex Plumbing Supply, Incorporated, and Harold Falchick. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 98176. Fred E. Young, Inc., Petitioner v. Brush Mountain Sportsmen's Association. Petition for writ of certiorari to the Superior Court of Pennsylvania, Pittsburgh Office, denied. No. 98177. Cirila Przybylski, Petitioner v. Michigan, et al. Petition for writ of certiorari to the Court of Appeals of Michigan denied. No. 98178. Nobelpharma AB and Nobelpharma USA, Inc., Petition- ers v. Implant Innovations, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 98180. Michael M. Sherman, Petitioner v. State Bar of Califor- nia. Petition for writ of certiorari to the Supreme Court of California denied. No. 98182. Armando Rodriguez, Petitioner v. United States Postal Service. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 98183. Landgate, Inc., Petitioner v. California Coastal Commis- sion. Petition for writ of certiorari to the Supreme Court of Califor- nia denied. No. 98185. Leah Ryan, Petitioner v. Connecticut. Petition for writ of certiorari to the Appellate Court of Connecticut denied. No. 98187. Morris Peltier, Jr., Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. No. 98191. Drago Daic Interests, Inc., Petitioner v. Nauru Phos- phate Royalties (Texas), Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 98195. R. Leon Smith, et ux., Petitioners v. Thomas C. Hunton, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied. No. 98196. Giancarlo Parretti, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98202. Porteal Groom, 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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82 MONDAY, OCTOBER 5, 1998 No. 98205. Claude Hosch, Petitioner v. Bandag, Incorporated, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 98206. John P. Messina, Petitioner v. John Labatt, Limited, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 98207. Nick Premratananont, Petitioner v. South Suburban Park and Recreation District. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 98210. Margaret Speth, Petitioner v. Capitol Indemnity Corpo- ration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 98213. Solomon J. Upshaw, Petitioner v. Jeffrey M. Bond, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 98214. Sam Keirsey and Kay Orndorff, Petitioners v. Drew Diamond, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 98216. James O. Henderson, 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. 98218. Bingman Laboratories, Inc., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 98220. Libambu M. Schiller, Petitioner v. Department of State. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 98221. Lubrizol Corporation, Petitioner v. Exxon Chemical Pat- ents, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 98226. Shong-Ching Tong, Petitioner v. United States Court of Appeals for the Ninth Circuit, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98233. Pennsylvania, Petitioner v. Robert Hunter. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadelphia Office, denied. No. 98234. Juan Garcia-Abrego, 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, OCTOBER 5, 1998 83 No. 98236. Paul W. Graber, 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. 98240. Earlene Polyak, Petitioner v. United States Court of Appeals for the Sixth Circuit. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 98246. Felipe B. Cruz, Petitioner v. William S. Cohen, Secre- tary of Defense. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98247. Hattie Foster Davidson, Petitioner v. William S. Cohen, Secretary of Defense. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 98248. George E. Benko, Petitioner v. Judges' Retirement Sys- tem, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 98250. Theodore C. Granger, Petitioner v. Office of Attorney Ethics of New Jersey, et al. Petition for writ of certiorari to the Su- preme Court of New Jersey denied. No. 98252. Father John Hengle, et al., Petitioners v. Brother Ga- briel Ward. Petition for writ of certiorari to the Court of Appeals of Ohio, Summit County, denied. No. 98257. James V. Marcanti, Petitioner v. Illinois Attorney Regis- tration and Disciplinary Commission. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 98258. Michael A. Foti, Petitioner v. Arlington County Board of Supervisors, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 98264. Yvonne R. Stribling, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 98268. Marvin D. Tom, et ux., Petitioners v. Commissioner of Internal Revenue, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 98270. Thomas Ruskin, aka Thomas Rufkin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 98277. Arthur O. Armstrong, Petitioner v. School District of Philadelphia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

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84 MONDAY, OCTOBER 5, 1998 No. 98283. Thomas Edward Nevis, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98288. Jesse Webster, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 98299. Peter Basso, 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. 98300. Stephen Russell Holgate, et ux., Petitioners v. Commis- sioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98301. Ronald Lee Pennix, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 98304. Garland Robertson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 98305. Daniel J. Grey, Petitioner v. Carrier/United Technologies Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 98306. Thomas W. Dowty, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Armed Forces denied. No. 98328. Ronald Jesse Allison, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98332. William Lenius, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied. No. 98342. Alex M. Foster, Petitioner v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98344. Robert A. Grossi, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 98349. Philip Manglitz, 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 5, 1998 85 No. 98365. Steven Dreyer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 98373. Yick Man Mui, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 98379. Bennie Thrasher, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 98393. Welton Wright, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 98395. Leonard Earl Davis, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 98398. Joseph Defede, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 985002. Chad Steven Rainey, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 985003. Harry Franklin Phillips, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 985004. Byron De La Beckwith, Petitioner v. Mississippi. Peti- tion for writ of certiorari to the Supreme Court of Mississippi denied. No. 985005. Allen Lloyd Penoyer, 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. 985006. Gilbert A. Rojas, Jr., Petitioner v. United States Postal Service. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 985007. Johnny Swanson, III, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985008. Willie Gilbert Phillips, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985009. Jerome Phillips, 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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86 MONDAY, OCTOBER 5, 1998 No. 985010. Anwar Abdul, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied. No. 985011. Ahmed Amer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 985012. Charles James Witt, Petitioner v. Roadway Express, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied. No. 985013. Robert J. Murillo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985014. Keith Love, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 985015. David Jennings, 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. 985016. Kevin R. Morley, Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 985017. Allen Wayne Johnson, 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. 985018. Harold Frederick Krueger, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 985019. Onofre T. Serrano, Petitioner v. Gary Lindsey, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 985020. Donald O'Bryant, Petitioner v. Mississippi. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985022. William Powell, 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 5, 1998 87 No. 985023. William D. Robertson, Petitioner v. Craig A. Hanks, Superintendent, Wabash Valley Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 985024. Leroy A. Schubert, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985025. James R. Piggott, Petitioner v. United States; and No. 985171. Fred Moye, Wayne Rodriguez, and Jerry Williams, Petitioners v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 985026. Allen Robertson, Jr., Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. No. 985027. Charles Gary Bruce, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985028. Griouard V. Butler, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985029. Juan Cortez, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 985030. James L. Coolman, Petitioner v. Commissioner of In- ternal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 985031. Frances Elaine Craighead, Petitioner v. United States; and No. 985137. Nannie Sue Craighead, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985032. Joseph Ernest Atkins, 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. 985033. Michael Owsley, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. No. 985034. Ralph O. Jackson, 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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88 MONDAY, OCTOBER 5, 1998 No. 985035. Willie Livingston, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985036. Bill Jones, Petitioner v. Michael F. Easley, Attorney General of North Carolina, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985037. Elton L. Williams, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 985038. Dwayne Twane Walker, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985039. Karen Zelch, Jill Ondrey, Troy Jones, Gary MacFar- land, Gregory Mack, Rein Atteman, Otis Wright, Michael Bowersox, Zachery Griefen, Adams Wood, and Allan Liiv, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985040. Kenneth W. Walker, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985041. Raymond A. Brison, Petitioner v. Willie Scott, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. No. 985043. Samuel Trevino, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985044. Alex Biles, Jr., Petitioner v. Jack Morgan, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985045. Jimmie L. Clayton, Jr., Petitioner v. Craig A. Hanks, Superintendent, Wabash Valley Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 985046. Valentine Birds, Petitioner v. Deborah Nugent, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 985047. Madison Pugh, 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 5, 1998 89 No. 985048. William Ronnie Romines, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985049. Chiquita Veleta Owens, Petitioner v. United States; andNo.985377.KevinL.Johnson,Petitionerv.UnitedStates.Petitions for writs of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 985050. Onofre Tommy Serrano, Petitioner v. Superior Court of California, Los Angeles County. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 985051. Benjamin Smith, Petitioner v. United Federation of Teachers, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 985052. Jerome Riddick, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 985054. Harry Roberts, 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. 985056. Desiree Johnson, aka Desiree Idrissi, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985057. Henry L. Johnson, Jr., Petitioner v. Florida. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985058. Perren O. Avery, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985059. Michael Walter Harding, Petitioner v. California. Peti- tion for writ of certiorari to the Appellate Department, Superior Court of California, County of Los Angeles, denied. No. 985060. Belarcazar Hernandez-Pauturi, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985061. Raul C. Gonzales, 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. 985062. Darryl Gumm, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Hamilton County, denied.

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90 MONDAY, OCTOBER 5, 1998 No. 985063. Joseph Anthony Hayes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985064. Yancey Lyndell Douglas, Petitioner v. Oklahoma. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Okla- homa denied. No. 985066. Thomas J. Higgins, Petitioner v. Christopher Artuz, Superintendent, Green Haven Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 985067. Billy Holmes, aka Billy Richards, 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. 985068. Robert Gandy, 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. 985069. Elwyn Jerome Chisholm, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985071. Michael Kennedy, Petitioner v. District Court of Texas, Anderson County. Petition for writ of certiorari to the Court of Ap- peals of Texas, Twelfth District, denied. No. 985072. James A. Wheeler, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985073. Charles William Levy, Petitioner v. City of Alexandria, Virginia. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985075. Aaron Frank Cole, Petitioner v. A. Obregon, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985076. Leon F. Barnett, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 985077. Ronald Dean Lowe, Petitioner v. Larry R. Monard. Petition for writ of certiorari to the Court of Civil Appeals of Okla- homa, Third Division, denied.

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MONDAY, OCTOBER 5, 1998 91 No. 985078. Donald Kelley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 985079. David Alban Mahler, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 985080. Ebenezer Emeka Nwachukwu, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985082. Ronnie A. Brummitt, Petitioner v. Ernest Chandler, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985083. Larry Richard Wilhelm, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 985084. Frank Anthony Oberle, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 985085. Danny Trent, Petitioner v. Indiana. Petition for writ of certiorari to the Court of Appeals of Indiana, Second District, denied. No. 985086. Mark Pack, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 985087. Jeffrey Lee Pihlblad, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985088. Emma Smith, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 985089. Wayne E. Joyner, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985090. Steven D. Jones, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985091. Vernon C. Johnson, Petitioner v. Ohio, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

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92 MONDAY, OCTOBER 5, 1998 No. 985092. Refiloe Khali, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985093. James McConico, Jr., Petitioner v. Thomas Booker, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985095. Otis David Jackson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985096. Andrew Lavern Smith, 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. 985097. Jimmie Ray Slaughter, Petitioner v. Oklahoma. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Okla- homa denied. No. 985098. Jorge L. Ramirez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985099. Michael Hampton Sonner, Petitioner v. Nevada. Peti- tion for writ of certiorari to the Supreme Court of Nevada denied. No. 985100. Arnold H. Lewine, Petitioner v. Robert A. Butter- worth, Attorney General of Florida. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985101. Bobby E. Moore, Jr., Petitioner v. Charles Jackson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985102. Ramon Medrano, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985103. Jimmie Allen Kearney, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985104. Jesus Mejia, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 985106. Darrell Harris, Petitioner v. United States; and

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MONDAY, OCTOBER 5, 1998 93 No. 985450. Darrell Atkins, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985107. Helen Walker Farber, Petitioner v. Jonathan Z. Farber. Petition for writ of certiorari to the Court of Special Appeals of Mary- land denied. No. 985108. Jeffrey Erwin, Petitioner v. Key West Citizen, et al. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 985110. William F. Gipperich, Petitioner v. Lee Pearson. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 985111. Skender Fici, Petitioner v. Douglas T. Lansing, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 985112. Kenneth R. Springfield, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985115. Randy Glen Pense, Petitioner v. John Shanks, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied. No. 985118. Antonio Espinal, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985119. Dock Charles Hubert, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985120. Joshua Ortel Hatfield, Petitioner v. North Carolina. Petition for writ of certiorari to the Court of Appeals of North Caro- lina denied. No. 985121. Kerry Neil Enjady, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 985122. Mark A. Horek, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 985123. Glen Sherron, Petitioner v. Middletown Rancheria of Pomo Indians, dba Twin Pine Casino. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

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94 MONDAY, OCTOBER 5, 1998 No. 985124. Aziz Safouane, et ux., Petitioners v. Washington State Department of Social and Health Services. Petition for writ of certio- rari to the Court of Appeals of Washington, Division 1, denied. No. 985125. Jay Scott, Petitioner v. Ohio. Petition for writ of certio- rari to the Court of Appeals of Ohio, Cuyahoga County, denied. No. 985126. Donald L. Smith, Petitioner v. Shirley A. Rogers, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 985127. Eugene Reeves, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985128. Stud Stephens, Petitioner v. Sandra W. Freedman, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985129. Arlene A. Kierstead, Petitioner v. William K. Suter, Clerk, Supreme Court of the United States, et al.; and Arlene A. Kierstead, Petitioner v. William K. Suter, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 985133. Darrell Mease, 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. 985135. Kevin Ashley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 985136. Ronnie A. Brummitt, Petitioner v. Ernest V. Chandler, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985138. Merced Cantu, Jr., Petitioner v. United States; and No. 985277. Henry S. Landan, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985140. Sheikh Bashir Ahmed, Petitioner v. Michael Reese Hospital and Medical Center. Petition for writ of certiorari to the Ap- pellate Court of Illinois, First District, denied. No. 985141. John Booth, aka John Booth-El, Petitioner v. Maryland. Petition for writ of certiorari to the Circuit Court of Maryland, Balti- more City, denied.

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MONDAY, OCTOBER 5, 1998 95 No. 985142. Shirley Curd, Petitioner v. Jess Odom, Sheriff, White County, Arkansas, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 985143. Robert J. Chrispen, Petitioner v. Carole Y. Taylor, Judge, Circuit Court of Florida, Broward County, et al. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 985145. Willie Brown, Jr., Petitioner v. North Carolina. Petition for writ of certiorari to the Superior Court of North Carolina, Martin County, denied. No. 985147. Lawrence M. Weiswasser, Petitioner v. Cal Terhune, Director, California Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Cir- cuit denied. No. 985149. Silver Ziebarth, Petitioner v. AgriBank, FCB. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 985150. Libbie Pesek, Petitioner v. Diane Witscheber, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 985153. John J. Shaughnessy, Petitioner v. Daniel E. McKeever, et al. Petition for writ of certiorari to the Superior Court of New Hampshire, Belknap County, denied. No. 985154. Bobby Stevens, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985155. Heyward J. Tumlin, Petitioner v. Goodyear Tire & Rubber Company, et al. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 985156. Ronnie Williams, Petitioner v. Odie Washington, Direc- tor, Illinois Department of Corrections, et al. Petition for writ of certio- rari to the Appellate Court of Illinois, Fifth District, denied. No. 985157. Jerry Lester Willis, Petitioner v. Leland Linahan, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. No. 985158. Julias Patterson, 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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96 MONDAY, OCTOBER 5, 1998 No. 985159. Harold Green McKinnon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985160. Nigel N., a Juvenile, Petitioner v. Massachusetts. Peti- tion for writ of certiorari to the Appeals Court of Massachusetts denied. No. 985161. Curtis Lee Watson, Petitioner v. United States. Peti- tion for writ of certiorari to the District of Columbia Court of Ap- peals denied. No. 985162. David J. Walker, Petitioner v. Ken Klinger, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 985163. Larry Eugene Thompson, Petitioner v. Mr. Spriggs, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985164. Ramiro Gomez-Gutierrez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985165. Alphonso Howard, Petitioner v. House Parts, Inc. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985166. Jesse James Gillies, Petitioner v. Terry L. Stewart, Director, Arizona Department of Correction. Petition for writ of certio- rari to the United States Court of Appeals for the Ninth Circuit denied. No. 985168. Lewis Eugene Gilbert, Petitioner v. Oklahoma. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Okla- homa denied. No. 985169. Yannick Didier Padilla, 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. 985170. Jerry James Logan, Petitioner v. Gregory White, Superintendent, State Correctional Institution at Pittsburgh, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 985172. Arturo Molina-Moreno, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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MONDAY, OCTOBER 5, 1998 97 No. 985173. Howard George Johnson, Petitioner v. Supreme Court of California. Petition for writ of certiorari to the Supreme Court of California denied. No. 985174. Charles Joseph Talbert, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 985175. David Whitethorne, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 985176. Luz Maria Urias, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985177. Karen Williamson, Petitioner v. Jeannette City Police, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied. No. 985178. Randall David Capps, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, First Appel- late District, denied. No. 985179. Daniel W. Brand, Petitioner v. David Thompson, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. No. 985180. Tina Marie Cordova, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fourth Ap- pellate District, denied. No. 985181. Jeffrey Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985182. Francis Bolduc, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 985183. Leonard Shorter, Petitioner v. Ernest C. Roe, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 985184. Stephen T. Rangen, Petitioner v. Securities and Ex- change Commission. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985185. Harvey Portnoy, Petitioner v. Office of Personnel Man- agement. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

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98 MONDAY, OCTOBER 5, 1998 No. 985186. Michael A. Shingler, Petitioner v. United States; and Michael A. Shingler, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Cir- cuit denied. No. 985187. Calvin D. Peters, Petitioner v. Tim LeMaster, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 985188. James K. Lattaker, Petitioner v. Delicha Lattaker, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 985189. Don Lewis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985190. Alvin Andrew Kelly, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 985192. Clark Allen Kimbrough, Petitioner v. Superior Court of California, Kern County. Petition for writ of certiorari to the Court of Appeal of California, Fifth Appellate District, denied. No. 985193. Demetrious P. Moore, 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. 985194. Brett C. Kimberlin, Petitioner v. Department of Jus- tice. Petition for writ of certiorari to the United States Court of Ap- peals for the District of Columbia Circuit denied. No. 985195. George Lee Miller, Petitioner v. Richard Marr, Super- intendent, Arkansas Valley Correctional Facility, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Cir- cuit denied. No. 985196. Michael Curtis Keys, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985198. Stephen J. Warner, Petitioner v. Keystone Junior Col- lege, et al. Petition for writ of certiorari to the Commonwealth Court of Pennsylvania denied. No. 985199. Edward Thomas Wilson, Petitioner v. Nevada. Petition for writ of certiorari to the Supreme Court of Nevada denied.

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MONDAY, OCTOBER 5, 1998 99 No. 985200. Augustus T. Capers, Jr., Petitioner v. TCI of Northern New Jersey, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 985204. Calvin Maurice Boyd, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985205. Carlos Enrique Cervantes De Gortari, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 985206. Guillermo Diaz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985207. Arturo Garay-Burgos, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985208. Davina Nicole Henderson, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, First District, denied. No. 985210. David Allen Gore, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 985211. Reginald T. Dabney, Petitioner v. United States. Peti- tion for writ of certiorari to the District of Columbia Court of Ap- peals denied. No. 985213. David Wayne Holland, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985214. Albert Hart/Cross, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985217. Roger Welbeck, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 985218. Scott H. Watkins, Petitioner v. Chalat & Co., P.C., et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 985219. Rey David Vargas, Petitioner v. Mike Keown, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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100 MONDAY, OCTOBER 5, 1998 No. 985220. Tarza Ray Nelson, Petitioner v. Bud Prunty, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 985221. Kent K. Stone, Petitioner v. Hawaii. Petition for writ of certiorari to the Supreme Court of Hawaii denied. No. 985222. Billy Ray Scott, 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. 985223. Daniel Johnson, Petitioner v. Roy Corley, et al. Petition for writ of certiorari to the Court of Appeals of Texas, First District, denied. No. 985224. Glenn Calvin Lawhorn, Jr., Petitioner v. Ronald J. An- gelone, Director, Virginia Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985225. Emory Alvin Michau, Jr., Petitioner v. Mary Miller, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985226. Jeffrey Cressey, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 985227. William Earl Cunningham, Petitioner v. J. Kent, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985228. Artis Ray Mayes, 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. 985229. Michael R. Manley, Petitioner v. Delaware. Petition for writ of certiorari to the Supreme Court of Delaware denied. No. 985230. Grant Anderson, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 985231. Jarvious Cotton, Petitioner v. Kirk Fordice, Governor of Mississippi, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985232. Joseph L. Byrd, aka John Laessig, Petitioner v. Gerald Robison, 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 5, 1998 101 No. 985233. 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. 985234. Mary Ann Bolling, Petitioner v. Russell County De- partment of Social Services, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985235. Michael F. Davis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 985236. Thomas Hughes, Petitioner v. Karen Cornell, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 985237. Phillip Robert Frantz, 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. 985238. James Clayton Dukes, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985239. Christopher L. Gloster, 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. 985240. Eddie Lee Gordon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985241. Clarence T. Fox, Jr., 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. 985242. Kathryn Hensler, Petitioner v. United States District Court for the Western District of Texas. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985243. Bernard Wilson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 985244. Lonzie Wilson, Jr., Petitioner v. William Stephens, As- sistant Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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102 MONDAY, OCTOBER 5, 1998 No. 985245. James A. Atman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985246. Robert L. Butler, Petitioner v. Richard A. Gammick, District Attorney, Washoe County, Nevada. Petition for writ of certio- rari to the Supreme Court of Nevada denied. No. 985247. Horace Jeffery, Petitioner v. Roy Everett. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985249. 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. 985250. Dewey Bozella, Petitioner v. Charles Greiner, Superin- tendent, Sing Sing Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 985251. Roderick Dale Ashworth, 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. 985252. Mark Anthony Cousins, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985253. Adrian P. Bailey, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 985254. Bradly Cunningham, 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. 985255. Thomas O'Donnell, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 985256. Marty Wayne Rothel, 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. 985257. Jackie Ray Roller, Petitioner v. Jerry M. Sikes, War- den, 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 5, 1998 103 No. 985259. Exdonovan Peak, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985260. Glenn Smith, Petitioner v. D. W. Worthington, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985261. Daniel Ify Iwegbu, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985262. Jeffrey Scott Nielson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985263. Billy Ray Irick, Petitioner v. Tennessee. Petition for writ of certiorari to the Court of Criminal Appeals of Tennessee, East- ern Division, denied. No. 985264. Steven M. Jacob, Petitioner v. Nebraska. Petition for writ of certiorari to the Supreme Court of Nebraska denied. No. 985265. Martin H. Adams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 985266. Aileen Avilla, Petitioner v. Hawaii Department of Human Services. Petition for writ of certiorari to the Supreme Court of Hawaii denied. No. 985267. Heath Leon Ayers, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 985268. Anthony Walker, Petitioner v. United States; and No. 985325. Walter Diaz, aka Eric Rogers, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 985270. Rodrigo Cortes-Ramirez and Antonio Garcia-Rojas, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985271. Stephan M. Bullis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985272. Loran Bruce Pierson, 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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104 MONDAY, OCTOBER 5, 1998 No. 985273. Estella Prade and James Jackson, Petitioners v. Jack- son and Kelly. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985274. Joseph Reed, Petitioner v. Brenda Wilkinson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985276. Jessie Ailsworth, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 985278. Milton Jones, Petitioner v. Larry Norris, Director, Ar- kansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 985279. Stephen Klaimon, Petitioner v. Cigna Companies, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985280. Byron Lewis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985281. Troy Douglas Allen, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985283. Tuval Ogondee McKoy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985285. Floyd McLean, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985287. Andre D. Morrow, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. No. 985288. Calvin Johnson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985289. Frank Christian Nichols, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 985290. Gloria Barley-Cooke, Petitioner v. Roland Edison, 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 5, 1998 105 No. 985291. David Kee Mann, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 985292. Sean Kirkland, aka Shawn Kemp, aka Seth Webb, Peti- tioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985293. Steve Aronovsky, Petitioner v. Jay N. Nguyen, et al. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied. No. 985294. Orlando Yazzie, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985295. Robert Lee Young, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985296. Fidel Antonio Velasquez, Petitioner v. United States; andNo. 985332. Juan Ramon Velasquez, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 985298. Yves Valmond, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Third Dis- trict, denied. No. 985299. Kevin Johnson, Petitioner v. Ronald J. Angelone, Direc- tor, Virginia Department of Corrections, et al. Petition for writ of cer- tiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985300. Darryl Byrd, Petitioner v. City of Erie Police Depart- ment, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 985301. Kenneth S. Benigni, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 985303. Walter Reynolds, Petitioner v. James Gammon, Super- intendent, Moberly Correctional Center. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 985304. Johnny Albert Martinez, Petitioner v. United States; and

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106 MONDAY, OCTOBER 5, 1998 No. 985799. Daniel Chavez Villegas, aka El Gordo, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985305. Vetta Linwood, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 985306. Ronald Emery Jones, 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. 985307. Charles Andrew LeBlanc, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985308. Anthony C. Mathis, Petitioner v. John Morden Buick, Inc. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. No. 985309. David C. Grigonis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985310. Kenneth Gerald Hardin, Petitioner v. United Sttaes. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985311. Alberto G. Diaz, Petitioner v. Eloise Anderson, Interim Director, California Department of Social Services. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985312. Dorothy Grant, Petitioner v. Tosco Refining Company. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985314. John A. Hill, Petitionr v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985315. Spencer B. Durham, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 985317. Evelyn Hommrich, Petitioner v. Carolyn Schneider. Pe- tition for writ of certiorari to the Court of Appeals of Wisconsin, Dis- trict III, denied.

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MONDAY, OCTOBER 5, 1998 107 No. 985319. Frizelle L. Aguilar Riley Ozmen, Petitioner v. New Mexico. Petition for writ of certiorari to the District Court of New Mexico, Bernalillo County, denied. No. 985320. Warren A. Spivey, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 985321. Mahmoud Ribhe Mohd, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985322. Peter J. Jones, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 985323. Wallace Mitchell, Petitioner v. Michelle Elzie, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 985324. Edwin Nieves, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 985326. Troy Heflin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985327. Bilal Troy Farahkhan, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985328. Thomas Twiddy, Petitioner v. City of Healdsburg, Cali- fornia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985329. Donald Alan Friddell, Petitioner v. United States; and No. 985463. Leslidawn Clark, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985330. Kenneth M. Carter, Jr., Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Ap- peals denied. No. 985334. Roger L. Lyle, Petitioner v. Luella Burke, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985335. Omar Gabrel Morales, 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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108 MONDAY, OCTOBER 5, 1998 No. 985336. Rafael Luson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 985337. Manuel Valerio, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 985338. Bardul Taftsiou, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 985339. Benjamin Tillman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985340. William Fred Coleman, Jr., Mark D. Ward, and Tom Leroy Whitehurst, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Cir- cuit denied. No. 985342. David Joseph Brown, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985343. Cletus O. Ashiegbu, Petitioner v. Marti Damschroder. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985344. Michael Barbour, Petitioner v. Michigan Department of Social Services. Petition for writ of certiorari to the Court of Ap- peals of Michigan denied. No. 985345. Michael John Canino, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 985346. Greg Steven Cooke, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985347. Antolin Valderrama-Hernandez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985348. Darrell Williams, Petitioner v. South Carolina. Petition for writ of certiorari to the Supreme Court of South Carolina denied. No. 985349. David Billups, Petitioner v. Michael Traxler, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

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MONDAY, OCTOBER 5, 1998 109 No. 985351. James McQueen Byrd, 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. 985352. Harry Alvin Barkley, 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. 985353. Stephen Thomas Drotar, Petitioner v. Board of Com- missioners on Judicial Standards, et al. Petition for writ of certiorari to the Supreme Court of South Carolina denied. No. 985354. Amador Gutierrez-Hermosillo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 985355. Andre Douglas, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadelphia Office, denied. No. 985357. Wilbert E. Hollins, 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. 985358. William Earl Doyle, 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. 985359. Fred E. Dean, Petitioner v. Donal Campbell, Commis- sioner, Tennessee Department of Correction, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985360. Susan Carol Huffman, Petitioner v. Dean Flippo, et al. Petition for writ of certiorari to the Court of Appeal of California, Sixth Appellate District, denied. No. 985361. Richard Lewis Green, Petitioner v. Clarice Stoval. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985362. Terry Hall Davis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985363. Bobby Lee Sehorn, Petitioner v. United States; No. 985381. Keith Lamar Lott, Petitioner v. United States; and

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110 MONDAY, OCTOBER 5, 1998 No. 985875. Lamont Benedict Nelson, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985364. Kenneth M. Rowe, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appel- late District, denied. No. 985365. Otis Paris, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985366. Onofre T. Serrano, Petitioner v. Gary Lindsey, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 985367. Theodore W. Robinson, Petitioner v. Mary Maentanis, Deputy Sheriff, Cook County, Illinois. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 985368. Anthony J. Rosser, Petitioner v. Anthony Newland, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985369. Troy Singleton, Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections. Petition for writ of cer- tiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied. No. 985370. Louis Sanchez, Jr., Petitioner v. Daniel L. Stieneke, Director, North Carolina Division of Prisons. Petition for writ of certio- rari to the United States Court of Appeals for the Fourth Circuit denied. No. 985371. Vernon Ray Robertson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985373. Derrick Roger Coombs, Petitioner v. Raymond J. Sob- ina, Superintendent, State Correctional Institution at Somerset, et al.; and Derrick Roger Coombs, 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. 985375. Loretta Pazmino Valdes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985376. Druce Martin, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Mahoning County, denied.

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MONDAY, OCTOBER 5, 1998 111 No. 985378. James Leslie Mooring and Cheryl D. Mooring, Petition- ers v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 985379. Lloyd George Maxwell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985382. William Eugene Mincey, II, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied. No. 985383. Fikri Bayramoglu, 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. 985384. Avery Clemmons, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985385. Elton Rieara, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 985386. Gregory P. Scott, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 985387. Herbert R. Smith, Petitioner v. Doug Sapp, Commis- sioner, Kentucky Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985388. Christopher Lee Prosser, Petitioner v. Mary Weeks, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 985389. Donald Gerald Green, Petitioner v. Edward J. Tasker, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied. No. 985390. Roosevelt Hall, Petitioner v. Richard P. Ieyoub, Attor- ney General of Louisiana, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985391. Jerry Gloster, 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.

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112 MONDAY, OCTOBER 5, 1998 No. 985392. Roger Gordon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 985393. Lambert Dehler, Petitioner v. Betty Mitchell, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985394. Vernon A. Harvey, Petitioner v. Anthony Newland, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985396. Kenneth I. Ganther, Petitioner v. Leslie Woods, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. No. 985397. Michael Day, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylvania, Pittsburgh Office, denied. No. 985398. David Harrell, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 985399. Mark Scott Daniels, Petitioner v. Workers' Compensa- tion Appeals Board, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 985400. William B. O'Connell, Jr., Petitioner v. Theresa Baca, Judge, District Court of New Mexico, Bernalillo County, et al. Petition for writ of certiorari to the Supreme Court of New Mexico denied. No. 985401. Johnny Lee Richards, 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. 985402. Vernon Peter Saucy, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985403. Marcos Amabiles Pena, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 985404. James D. Maciel, 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. 985407. Henry Hyman, 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 5, 1998 113 No. 985408. Ofati Malepeai, aka Al, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985409. Andrew R. Lopez, Petitioner v. G. Lynn Hada. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985411. Darick Leonard Gerlaugh, 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. 985413. Robert M. Tweed, Jr., Petitioner v. Reginald A. Wil- kinson, Director, Ohio Department of Rehabilitation and Correction, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 985414. Robert Earl Jackson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985415. Toney Montgomery, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 985416. William Lee Brown, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985417. Kou Va Saelee, Petitioner v. Theo White, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985418. Tien Sin Jiang, aka Zhen Zing Chen, Petitioner v. United States; No. 985573. Ching Lin, aka Huey Lin, Petitioner v. United States; andNo. 985613. Xue Fei Lin, Min Shun Hu, and Jian Li Lin, aka Jing Li Lin, Petitioners v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985419. Steven F. Molin, Petitioner v. The Trentonian, et al. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. No. 985421. Richard E. Champion, Petitioner v. Board of Prison Terms, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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114 MONDAY, OCTOBER 5, 1998 No. 985422. DeVera Foremanye, Petitioner v. University of Penn- sylvania. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 985423. Olen Eddie Hutchison, Petitioner v. Tennessee. Petition for writ of certiorari to the Court of Criminal Appeals of Tennessee, Eastern Division, denied. No. 985425. Thomas Curtis Hamilton, Petitioner v. South Carolina. Petition for writ of certiorari to the Court of Appeals of South Caro- lina denied. No. 985426. Michael Goldsmith, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 985427. Jorge Serafin Quintero Gomez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985428. Maury Hexamer, Petitioner v. Patrick Foreness, et al. Petition for writ of certiorari to the Court of Appeals of Texas, Fifth District, denied. No. 985429. David Leslie Genereux, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985430. Dan Gilbert, Petitioner v. Samuel T. Wright, Judge, Letcher Circuit Court, et al. Petition for writ of certiorari to the Su- preme Court of Kentucky denied. No. 985432. Allen Lloyd Smith, Petitioner v. Tennessee. Petition for writ of certiorari to the Court of Criminal Appeals of Tennessee, Eastern Division, denied. No. 985434. Gina Lee Patton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 985435. Samuel E. Slagel, Petitioner v. Shell Oil Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 985436. John Babe Ray, Jr., Petitioner v. South Carolina. Peti- tion for writ of certiorari to the Supreme Court of South Carolina denied. No. 985437. Carl Robert Richards, Petitioner v. United States Dis- trict Court for the Eastern District of California. Petition for writ of

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MONDAY, OCTOBER 5, 1998 115 certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985438. John Allen Mazurak, Petitioner v. Arizona. Petition for writ of certiorari to the Court of Appeals of Arizona, Division One, denied. No. 985440. Desmond Checotha Jones, 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. 985441. Robert Lee Butler, Petitioner v. Todd Renwick, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985442. Thomas J. Bartelho, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 985443. Louis R. Ervin, Petitioner v. Fisherman's Restaurant. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985446. Joe Welton Green, 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. 985447. Jaime Alvarez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 985448. Justin Angel Cruz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985449. Michael Buchsbaum, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985451. Melvin James Sanford, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985452. Irvin Oliveras-Medrano, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985453. Kevin Charles Smith, Petitioner v. William Merkle, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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116 MONDAY, OCTOBER 5, 1998 No. 985454. Jorge Viveros-Castro, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985455. Alfonso C. Telleria, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 985456. Donald W. Worthington, Petitioner v. Ed Day, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985457. Joseph M. Custodio, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 985458. Ronald T. Edwards, Petitioner v. Charles Michael Tobin, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985459. Ouk Chhorn, Petitioner v. Togo West, Secretary of Veterans Affairs. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 985460. Terrence Boudreau, Petitioner v. Mack Jarvis, Secre- tary, North Carolina Department of Correction, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985461. Robert G. Curtis, Petitioner v. Philip Parker, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985462. Willie Clarks, Petitioner v. Steven Cambra, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985464. Thomas Austin, Petitioner v. Jeffrey B. Pine, Attorney General of Rhode Island. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 985465. Anthony J. Bator, Petitioner v. Peter Breen, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985466. Randall David Capps, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, First Appel- late District, denied. No. 985467. Hugh Damian Brown, Petitioner v. Harry K. Single- tary, Jr., Secretary, Florida Department of Corrections. Petition for

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MONDAY, OCTOBER 5, 1998 117 writ of certiorari to the District Court of Appeal of Florida, Third District, denied. No. 985469. Dentze Denise Abner, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985471. Robert Calvin Craig, Jr., Petitioner v. North Carolina. Petition for writ of certiorari to the Supreme Court of North Caro- lina denied. No. 985472. Eugene E. Canady, Petitioner v. Dennis Baker, Super- intendent, Mansfield Correctional Institution. Petition for writ of cer- tiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985473. William Connelly, Petitioner v. Connecticut. Petition for writ of certiorari to the Appellate Court of Connecticut denied. No. 985474. Jose Ruiz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 985476. Roberto Ramirez, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appel- late District, denied. No. 985477. Gerald Smith, Petitioner v. United States; and No. 985478. Calvin Sumler, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 985482. Dorian Steeley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985483. Gerald Lee Patterson, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 985488. Chris Hynes, Petitioner v. J. Squillace, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 985489. Luis Felipe, aka King Blood, aka Inka, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 985490. Antonio Hernandez, Sr., Petitioner v. United States; and

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118 MONDAY, OCTOBER 5, 1998 No. 985800. Antonio Hernandez, Jr., Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985491. Joshua L. Green, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985492. Richard Evan Harms, Petitioner v. Internal Revenue Service. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 985493. Carlos Ray Brewster, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985494. Will Davis, Petitioner v. Colonial Savings. Petition for writ of certiorari to the Court of Appeals of Arizona, Division One, denied. No. 985497. Raymond Harry Norris, aka Raymond Norris, Peti- tioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985498. Victor G. Kelley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985499. Vernon Kembitskey, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985500. Michael E. Madsen, Petitioner v. David Dormire, Superintendent, Jefferson City Correctional Center, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 985501. Bing Mauwee, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985502. Antonio Miller, aka Blood, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985506. Jibril L. Ibrahim, 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 5, 1998 119 No. 985507. Virtis Lee Gibson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985509. Samir K. Sain, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 985511. Peter J. Percopo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985512. Donald R. Jermosen, Petitioner v. J. Cahill, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 985513. Darryl Moore, Petitioner v. Thomas F. Page, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 985515. Ralph Christopher Johnson, Petitioner v. Patrick Ar- vonio, Administrator, East Jersey State Prison, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Cir- cuit denied. No. 985517. Carol Lee Shulman, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985519. Roland Outlaw, Petitioner v. Kenneth S. Apfel, Com- missioner of Social Security. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 985524. Noel Washington, aka Joel Robinson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 985525. Rolando Mares, Petitioner v. Thomas F. Page, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 985526. Clint R. Lawson, Petitioner v. United States; and No. 985907. Joseph Alvarez, aka Joe Hill, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985527. Gerry Ranson, Petitioner v. Florida, et al. Petition for writ of certiorari to the District Court of Appeal of Florida, Second District, denied.

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120 MONDAY, OCTOBER 5, 1998 No. 985528. Lee Otis, Petitioner v. James Schotten, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985529. Shawn Anthony Prince, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985531. Edward Gabriel McBrown, aka Red, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985534. Patricia Rae Koehler, Petitioner v. United States; No. 985559. Vicki Slater, Petitioner v. United States; and No. 985560. Billy Mack O'Neill, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985535. Alex Davis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985537. Gerald Damone Hopper, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985538. David Robles, 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. 985539. Jose Arnulfo Ramos-Rey, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985540. Malcolm Dean Scott, 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. 985541. Jose Miguel Rodriguez-Rodriguez, Petitioner v. United States; and No. 985561. David Garcia-Beltran, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the First Circuit denied. No. 985543. Juan Nieves, aka Johnny, 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, OCTOBER 5, 1998 121 No. 985544. Ricky Murks, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985545. Lazarus Kipkirwa, Petitioner v. Santa Clara County Probation Department, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985549. Faris Abdul-Matiyn, Petitioner v. New York. Petition for writ of certiorari to the Supreme Court of New York, Bronx County, denied. No. 985551. Benedict Joseph Cook, III, Petitioner v. David G. Mills, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985552. Anthony W. D'Ginto, Petitioner v. Frank D. Gillis, Superintendent, State Correctional Institution at Coal Township, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 985553. Paul Fluitt, Petitioner v. James Stinson, Superintend- ent, Great Meadow Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 985555. Alonzo Haynes, Petitioner v. Ricky Bell, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985556. Anthony Gault, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 985558. Wayne Gene Benson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 985563. Thomas Woodenlegs, III, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985564. Ezequiel Reyes-Gutierrez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 985565. Steve Richard Shockey, 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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122 MONDAY, OCTOBER 5, 1998 No. 985566. Eric Rumph, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985567. Princess Spencer, Petitioner v. Lynn M. Miller. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 985569. Rupert Saunders, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 985570. John Michael Souverain, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985574. Michael Murray, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 985575. John C. Mouradian, Petitioner v. Detroit News, et al. Petition for writ of certiorari to the Court of Appeals of Michigan denied. No. 985576. Juan Ramon Martinez, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985578. Hratch Kazandjian, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985580. Reginald Loftin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985581. Harry R. Watkins, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 985583. Felipe Sicairo Beltran, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Ap- pellate District, denied. No. 985584. Michael Bautista, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 985585. Lucio A. Barroga, Petitioner v. Kayla J. Gillan, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

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MONDAY, OCTOBER 5, 1998 123 No. 985586. Jimmie Lee Kennedy, aka James Kornegay, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 985591. Abelardo Samboy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 985592. Thomas J. Paul, Jr., Petitioner v. Commissioner of In- ternal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 985595. Darryl Jerome Bryant and Gabriel Miguel Torrens, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985597. Charles Crehore, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985600. Dennis R. Reagan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 985604. Daniel Federenko, 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. 985606. Mark P. Donaldson, Petitioner v. Department of Agri- culture. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985610. Richard Allan Walker, Petitioner v. Eldon McDaniel, Warden. Petition for writ of certiorari to the Supreme Court of Ne- vada denied. No. 985612. Beverly Duncan, Petitioner v. Children's National Medical Center. Petition for writ of certiorari to the District of Colum- bia Court of Appeals denied. No. 985614. William Michael Dennis, Petitioner v. California. Peti- tion for writ of certiorari to the Supreme Court of California denied. No. 985615. Jeffrey D. Van De Walker, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985616. Lee A. Martin, Petitioner v. Missouri. Petition for writ of certiorari to the Court of Appeals of Missouri, Southern District, denied.

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124 MONDAY, OCTOBER 5, 1998 No. 985617. Bahram Jarrahi, aka Bob, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985618. Troy Edmonds, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985620. James Lockhart, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 985623. Howard Christian, Petitioner v. William C. Seabold, Warden, et al. Petition for writ of certiorari to the Court of Appeals of Kentucky denied. No. 985624. James Randolph Davis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985625. Kenneth D. Ross, Petitioner v. United States; and No. 985884. James H. Adams, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985626. Maryann B. Posl, Petitioner v. Kenneth S. Apfel, Com- missioner of Social Security. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 985628. Daniel Augustus Christian, Petitioner v. Virginia. Peti- tion for writ of certiorari to the Supreme Court of Virginia denied. No. 985631. Mario Olivarez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985632. Jack Wayne Smalley, 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. 985633. Jose Gonzales-Amescua, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985635. Evangelio Diaz, 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 5, 1998 125 No. 985636. Milton Edwards, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 985637. Nathiaon Eldon Dumas, 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. 985639. Charles Davis, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 985640. Richard Dillon, Petitioner v. Al Parke, Superintendent, Indiana State Prison. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 985641. Danny Earl Doyle, Petitioner v. Gary L. Johnson, Di- rector, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 985642. Nicolas Ramirez-Gonzalez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985644. Kenneth Irvin Counce, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985646. Ronald M. Higley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 985651. Charles E. Haynes, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 985653. John Doe, aka Owen Lawrence Smith, aka Azubuike Madabuchi Iroh, Petitioner v. United States. Petition for writ of certio- rari to the United States Court of Appeals for the Seventh Circuit denied. No. 985655. Jackie Ham, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 985660. Bobby Lee Hopper, 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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126 MONDAY, OCTOBER 5, 1998 No. 985662. John Gatto, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 985666. Clyde K. Futrell, 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. 985672. Robert Michael Standard, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985673. Mark Gerard Spaulding, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985674. Donald L. Puch, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985675. Demetrius N. McLean, Petitioner v. United States. Pe- tition for writ of certiorari to the District of Columbia Court of Ap- peals denied. No. 985678. Anthony L. Johnson, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fourth Ap- pellate District, denied. No. 985685. Louis Henderson Brooks, Petitioner v. Eugene Nuth, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985686. Tomas Villa Arellano, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985687. Nelson Hernandez, aka Nelson Hernandez Rodriguez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 985690. Sebastian Morales, 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. 985693. Lesley Eugene Warren, Petitioner v. North Carolina. Petition for writ of certiorari to the Supreme Court of North Caro- lina denied. No. 985700. Charles Williamson, Jr., Petitioner v. Donna E. Shalala, Secretary of Health and Human Services. Petition for writ of certiorari

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MONDAY, OCTOBER 5, 1998 127 to the United States Court of Appeals for the District of Columbia Circuit denied. No. 985701. Danny Conner, Petitioner v. Wisconsin. Petition for writ of certiorari to the Court of Appeals of Wisconsin, District I, denied. No. 985702. Ronald Pierce, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985703. Monica Kenlon Saunders, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985704. Johnny A. Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985705. Larry Joseph Bratton, Petititoner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied. No. 985706. Bennet Chika Aboh, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985708. Gordon Johnson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985709. Stanley Moore, Petitioner v. Chris Artuz, Superintend- ent, Green Haven Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 985711. Marcia H. Luepke, Petitioner v. Office of Personnel Management. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 985712. Charles G. Johnson, Petitioner v. William J. Henderson, Postmaster General. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 985714. Steven R. Calhoun, Petitioner v. Wisconsin. Petition for writ of certiorari to the Court of Appeals of Wisconsin, District I, denied. No. 985716. Steven J. Nowaczyk, Petitioner v. Supreme Court of New Hampshire, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

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128 MONDAY, OCTOBER 5, 1998 No. 985718. Brian Keith Battles, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985719. Kenneth Belford Anders, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Twelfth Dis- trict, denied. No. 985720. Dovon Brown, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985726. Juan Lahera, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985728. Jose A. Marin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 985730. Scott Leone West, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985734. Leslie Thomas Weadon, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 985739. Kevin Joseph Pluta, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985740. Anthony George Allen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985745. William Neal Lanter, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985750. Robert D. Hunter, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 985751. Lance Fredericks, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985753. Buddy Steve Daniel, 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, OCTOBER 5, 1998 129 No. 985756. Alvin Moore, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985757. Kevin Mitnick, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985758. Alton Leonard Slater, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985759. Desi E. Shavers, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 985768. Bernard Montgomery, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985771. Edward Terrell Lott, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985773. Philip Key-El, Petitioner v. Maryland. Petition for writ of certiorari to the Court of Appeals of Maryland denied. No. 985774. John Noble, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985775. Gildardo Magana, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985780. Thomas Wayne Nguyen, Petitioner v. United States District Court for the District of Columbia. Petition for writ of certio- rari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 985783. Joseph L. Perry, Jr., Petitioner v. William Henderson, Postmaster General. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 985784. Reynaldo Jeremias Ortiz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 985785. Gerard T. Ouimette, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

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130 MONDAY, OCTOBER 5, 1998 No. 985786. Robert C. McLane, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985790. Lloyd George Maxwell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985794. Joe Howard Jones, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985795. Clinton E. McKinney, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 985797. Stanley Boclair, Petitioner v. Thomas Page. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 985801. Manuel Flores-Solano, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985803. Anthony Lewis Swann, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985808. Robert Earl Hopper, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985810. Samuel Frank Downey, Petitioner v. James M. Davis, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985814. Samuel Bertrell Moore, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 985815. Paul E. Lowe, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 985824. Reginald Hicks, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 985825. Marlo Helmstetter, 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, OCTOBER 5, 1998 131 No. 985831. Tracy Uvell Curry, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985832. Hector Beltran, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985834. Laroy Randall Campbell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985835. Terrance D. Brown, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985838. Omadat Singh, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985842. Jose Garcia-Bermudez, Petitioner v. Joseph Brooks, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 985844. Michael Lovell Hinton, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985846. Robert Owen Hinton, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985847. Antoine Shawn Harris, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985849. Gavin Allan Paul, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985851. Bobby Odus, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 985854. Victor A. Blythe, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 985857. Dewayne Wright, 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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132 MONDAY, OCTOBER 5, 1998 No. 985858. Nettasha Suleast Western, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985859. Carlos Ventura, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 985860. Kaletta Young, aka Kaletta Burnside, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 985863. Louis Dee Young, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985865. Maria Lourdes Aragon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 985866. Jerald E. Bradshaw, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985868. Wayne Ervin Lambert and Ervin Wayne Lambert, Jr., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985874. Delmer Victor Leonard, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985878. Juan Manuel Ortega-Ramos, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985879. Nathan Reese, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985887. Richard Marcelle Elbert, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 985889. Morris Hunter, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985890. Carlos Garcia, 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 5, 1998 133 No. 985891. Nathaniel Hoover, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 971798. Birbrower, Montalbano, Condon & Frank, P. C., and Kevin J. Hobbs, Petitioners v. ESQ Business Services, Inc. Motion of American Corporate Counsel Association, et al., for leave to file a brief as amici curiae granted. Motion of Federal Communications Bar Asso- ciation for leave to file a brief as amicus curiae granted. Motion of Securities Industry Association for leave to file a brief as amicus cu- riae granted. Petition for writ of certiorari to the Supreme Court of California denied. No. 971825. Rebecca Isquith, By Her Custodian, Fred T. Isquith, Individually and on Behalf of All Others Similarly Situated, Petitioners v. Caremark International, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition. No. 971841. Arthur Calderon, Warden, Petitioner v. Freddie Lee Taylor. 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. 972024. Arthur Calderon, Warden, Petitioner v. Douglas Daniel Clark. 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. 9811. Michigan, Petitioner v. Markee Bailey. Motion of respond- ent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the Court of Appeals of Michigan denied. No. 9822. Ohio, Petitioner v. Troy Matthew Tenace. Motion of re- spondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the Court of Appeals of Ohio, Lucas County, denied. No. 98212. Michigan, Petitioner v. Jerry L. Bass. Motion of respond- ent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the Supreme Court of Michigan denied. No. 971895. Mary McCarthy, et al., Petitioners v. Providential Cor- poration, et al. Motion of Stephane Bourcier De Carbon, 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.

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134 MONDAY, OCTOBER 5, 1998 No. 971929. Montana, et al., Petitioners v. Environmental Protec- tion Agency, et al. Motion of Montana Association of Counties for leave to file a brief as amicus curiae granted. Motion of National Water Resources Association, et al., for leave to file a brief as amici curiae granted. Motion of Sunnyside Valley Irrigation District, 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. 971958. Small Landowners of Oahu, et al., Petitioners v. City and County of Honolulu. Motion of Pacific 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. 971999. Fireman's Fund Insurance Company, Petitioner v. M. V. DSR Atlantic, Her Engines, Tackle, Machinery, etc., in rem, and Cho Yang Shipping Company, Ltd. Motion of American Institute of Marine Underwriters for leave to file a brief as amicus curiae granted. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 972032. Gabe Kaimowitz, Petitioner v. Florida, et al.; Gabe Kai- mowitz, Petitioner v. United States District Court for the Northern District of Florida; and Gabe Kaimowitz, Petitioner v. United States District Court for the Northern District of Florida. Motion of peti- tioner to defer consideration of petition for writ of certiorari denied. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 972081. Michael Bruce Sassani, Petitioner v. United States. Mo- tion of petitioner to defer consideration of petition for writ of certiorari denied. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 979571. Steven C. Griffin, Petitioner v. United States. Motion of petitioner to defer consideration of petition for writ of certiorari denied. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 9877. Richard Breedlove and Nadine Tanner, etc., Petitioners v. Earthgrains Baking Companies, Inc., dba Campbell Taggart Baking Company, Inc. Motion of petitioners to defer consideration of petition for writ of certiorari denied. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 972050. Ronald Graboski, et al., Petitioners v. Rudolph Giuliani, Mayor of the City of New York, etc., et al. Motion of COAPP-VSF, Inc., for leave to file a brief as amicus curiae granted. Petition for writ

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MONDAY, OCTOBER 5, 1998 135 of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 972063. State Farm Mutual Automobile Insurance Company, Petitioner v. John Speroni, et al. Motion of Public Citizen, Inc., et al., for leave to file a brief as amici curiae granted. Motion of National Conference of Insurance Legislators for leave to file a brief as amicus curiae granted. Motion of Alliance of American Insurers, et al., for leave to file a brief as amici curiae granted. Motion of Office of Public Insurance Counsel for leave to file a brief as amicus curiae granted. Motion of Chamber of Commerce of the United States for leave to file a brief as amicus 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 Supreme Court of Illinois denied. No. 979242. William Stewart Steele, Petitioner v. Rodney Sistrunk, Jr., et al. Motion of respondents for determination of frivolousness de- nied. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. No. 979286. Dennis J. Solomon, Petitioner v. Kimberly Cheney, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. The Chief Justice took no part in the con- sideration or decision of this petition. No. 979358. Robert Breest, Petitioner v. Paul E. Brodeur, Commis- sioner, New Hampshire Department of Corrections. 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. No. 979517. Peter Hudd, Petitioner v. Stuart Shiffman, et al. Peti- tion for writ of certiorari before judgment to the United States Court of Appeals for the Seventh Circuit denied. No. 979615. Page Penk, Petitioner v. William J. Clinton, President of the United States. Petition for writ of certiorari before judgment to the United States Court of Appeals for the Tenth Circuit denied. No. 979686. Peter A. Gianopoulos, Petitioner v. Bancohio, aka NCB/ COLS National Cities Corp., et al. 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. No. 98192. Larry Chandler, et ux., Petitioners v. Norwest Bank Minnesota, National Association, 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.

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136 MONDAY, OCTOBER 5, 1998 No. 9854. Thomas Dodd, et ux., Petitioners v. Hood River County, et al. Motion of Hans Hoeck 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. 9862. Ethicon, Inc., and InBae Yoon, Petitioners v. United States Surgical Corporation and Young Jae Choi. The motion of Ameri- can Home Products Corporation, 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 Federal Circuit denied. No. 9869. Sal Tinnerello & Sons, Inc., Petitioner v. Town of Stoning- ton, et al. Motion of BFI Waste Systems of North 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 denied. No. 9886. Edward J. Shoen, Petitioner v. Samuel W. Shoen, et al. Petition for writ of certiorari to the Court of Appeals of Arizona, Divi- sion One, denied. Justice Thomas took no part in the consideration or decision of this petition. No. 985055. Mark Miller and Peter R. Swendseid, Petitioners v. Lorain County Board of Elections, et al. Motion of Coalition for Free and Open Elections, 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.

Common Law Certiorari Denied No. 985215. In Re Donald Bender and Walter Olsen, III, Petition- ers. Petition for writ of certiorari denied.

Habeas Corpus Denied No. 979475. In Re Jesus Solis Arreola, Petitioner; No. 979554. In Re Harold Wapnick, Petitioner No. 979617. In Re John Wilson, Petitioner; No. 979630. In Re John James Thompson, Petitioner; No. 979676. In Re Danny Lee Henderson, Petitioner; No. 985074. In Re Richard Delbert Blair, Petitioner; No. 985130. In Re David Randall Jenkins, Petitioner; No. 985148. In Re Eugene Wolf, Petitioner; No. 985152. In Re Johnny Swanson, Petitioner; No. 985356. In Re Clinton W. Delespine, Petitioner; No. 985470. In Re Zoltan Toth, Petitioner; No. 985522. In Re Michael L. Williams, Petitioner;

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MONDAY, OCTOBER 5, 1998 137 No. 985523. In Re Larry D. Cannon, Petitioner; No. 985599. In Re Darrell Siggers, Petitioner; No. 985671. In Re Ernest Lee Townsend, Petitioner; No. 985789. In Re Linzy Earl Lincoln, Petitioner; No. 985807. In Re James R. Schultz, Petitioner; No. 985896. In Re Ronald Marcus Gholston, Petitioner; and No. 985897. In Re Parnell B. Herrington, Petitioner. Petitions for writs of habeas corpus denied.

Mandamus Denied No. 972038. In Re Charles Raymond Crowell, Petitioner; No. 979079. In Re Lamar Fletcher, Petitioner; No. 979090. In Re Parnell Seaton, Petitioner; No. 979120. In Re David McDowell Robinson, Petitioner; No. 979132. In Re Otis Rudd, Petitioner; No. 979133. In Re Jose Rodriguez Cruz, Petitioner; No. 979256. In Re Gary Farrell, Petitioner; No. 979283. In Re Errol Tony Scott, Petitioner; No. 979352. In Re Ronald Dean Lowe, Petitioner; No. 979426. In Re Alonzo Fuller, Petitioner; No. 979429. In Re Ronald Dean Lowe, Petitioner; No. 979441. In Re Leon Tasby, Petitioner; No. 979655. In Re David D. Todd, Petitioner; No. 979661. In Re Ronald Dean Lowe, Petitioner; No. 98259. In Re John Stanton, Petitioner; No. 985042. In Re James Vincent Zankich, Petitioner; No. 985105. In Re Ronald Dean Lowe, Petitioner; No. 985197. In Re Ronald Dean Lowe, Petitioner; No. 985216. In Re John G. Westine, Petitioner; No. 985282. In Re Ronald Dean Lowe, Petitioner; No. 985445. In Re Herman E. Harston, Petitioner; and No. 985548. In Re Blas Varela, Petitioner. Petitions for writs of mandamus denied. No. 971933. In Re Bank of Saipan, Executor of the Estate of Larry Lee Hillblom, Petitioner; No. 978930. In Re David L. Campbell, Petitioner; No. 979233. In Re Thabit Yasir Saleem, Petitioner; No. 979341. In Re John E. Devlin, Petitioner; No. 979644. In Re Vernon Moves Camp, Petitioner; No. 979645. In Re Vernon Moves Camp, Petitioner; No. 9817. In Re Eileen Vey, Petitioner;

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138 MONDAY, OCTOBER 5, 1998 No. 9842. In Re Ella Louise Stewart Wooten, Petitioner; No. 9876. In Re Mark S. Dornfried, Petitioner; and No. 98242. In Re Jean Francois Lauslega, Petitioner. Petitions for writs of mandamus and/or prohibition denied.

Prohibition Denied

No. 98330. In Re Edward B. Atkinson, Petitioner. Petition for writ of prohibition denied. Rehearings Denied

No. 971567. American Medical Association, Petitioner v. Practice Management Information Corporation; No. 971872. George Arshal, Petitioner v. John H. Dalton, Secretary of the Navy; No. 977420. Michael Patrick Gavin and Ed Clark, Petitioners v. Terry Branstad, et al.; No. 977635. Stanley Kosyla, Petitioner v. Illinois; No. 978265. William E. Cunningham, Petitioner v. Leslie Woods, Warden, et al.; No. 978409. Mark Stephen Wilson, Petitioner v. Belinda Stewart, Superintendent, McNeil Island Corrections Center; No. 978420. Kenneth B. Quarterman, Petitioner v. Alan S. Quarterman; No. 978430. Carlos McCord, Petitioner v. United States; No. 978705. Donald Eugene Halpin, Petitioner v. Harry K. Single- tary, Jr., Secretary, Florida Department of Corrections; No. 978738. David L. Hilliard, Petitioner v. Steve Kaiser, et al.; No. 978793. Phildosha's Umar Aljami, Petitioner v. Kentucky; No. 978855. Emanuel Washington, Petitioner v. Service Employees' International Union, Local 50, et al.; No. 978861. In Re Roberto Baez, Petitioner; No. 978873. Michael Anthony Hunter, Petitioner v. South Carolina, et al.; 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; No. 978890. Shelby Harris, Petitioner v. Gerald Higgins, Warden; No. 979002. Heather L. K. Crafton, Petitioner v. John P. Crafton; No. 979006. Canute P. Campbell, Petitioner v. United States Postal Service; and

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MONDAY, OCTOBER 5, 1998 139 No. 979089. Charles E. Steele, Petitioner v. United States. Petitions for rehearing denied. No. 971615. Jackie Lou Propst, Individually and as Representative of the Estate of Elva Mae Chambers, Deceased, Petitioner v. Roy Kingry, et al. Motion for leave to file petition for rehearing denied.

Attorney Discipline No. D1952. In the Matter of Disbarment of Hundson Cary Stewart. Disbarment order entered. No. D1954. In the Matter of Disbarment of Ricky Edwin Williams. Disbarment order entered. No. D1956. In the Matter of Lloyd Mitchell Bleecker. Motion to defer consideration granted. No. D1958. In the Matter of Disbarment of Jerome Berg. Disbar- ment order entered. No. D1960. In the Matter of Disbarment of Michael Charles Meisler. Disbarment order entered. No. D1962. In the Matter of Disbarment of Denis Michael Neill. Motion to defer consideration denied. Disbarment order entered. No. D1966. In the Matter of Disbarment of George Michael Taylor. Disbarment order entered. No. D1968. In the Matter of Disbarment of Mitchell W. Herzog. Disbarment order entered. No. D1975. In the Matter of Disbarment of Michael Gary Rose. Disbarment order entered. No. D1978. In the Matter of Disbarment of Winston J. Bridge. Dis- barment order entered. No. D1979. In the Matter of Disbarment of Alan Franklyn Post. Disbarment order entered. No. D1981. In the Matter of Disbarment of Thomas Michael Utter- back. Disbarment order entered. No. D1982. In the Matter of Disbarment of Linsey Moore. Disbar- ment order entered. No. D1983. In the Matter of Disbarment of Richard M. Plato. Dis- barment order entered. No. D1989. In the Matter of Disbarment of Carl Thompson Wol- from. Carl Thompson Wolfrom, of Columbus, Ohio, is suspended from the practice of law in this Court, and a rule will issue, returnable

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140 MONDAY, OCTOBER 5, 1998 within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D1990. In the Matter of Disbarment of Wyatt Nowlin Taylor. Wyatt Nowlin Taylor, of Shelbyville, Tennessee, 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. D1991. In the Matter of Disbarment of Herbert Arnold Becker. Herbert Arnold Becker, of Sterling, 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. D1992. In the Matter of Disbarment of Perry Thomas Christy. Perry Thomas Christy, of Plymouth, 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. No. D1993. In the Matter of Disbarment of Thomas Scott Richard- son, Jr. Thomas Scott Richardson, Jr., of St. Louis, Missouri, 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. D1994. In the Matter of Disbarment of Keith Martin Krasnove. Keith Martin Krasnove, of Coral Springs, 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. D1995. In the Matter of Disbarment of John B. Stevenson, Jr. John B. Stevenson, Jr., of Blanco, 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.

Admissions to the Bar on Written Motions July 17, 1998 Applicant City and State Movant

Leslie Case Abernathy Cumming, GA H. Steve Abernathy

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Applicant City and State Movant David Louis Abrams Atlanta, GA Diane Pamela Wood Eric M. Albritton Longview, TX Clifton L. Holmes Benton Leroy Tad Edwardsville, IL Thomas Andrew Armstrong Hill Joseph Martin Aronds Westfield, NJ Phillip R. Patton Christopher L. Ashby Houston, TX Robert G. Lowman, Jr. Barbara Doolittle Auger Tallahassee, FL Carl R. Pennington, Jr. Bruce Allen Baldwin Los Angeles, CA James Lee Seal Jerome Balter Philadelphia, PA Michael Churchill Michelle Elise Beeman St. Paul, MN Hubert H. Humphrey, III Richard Hunter Bitner, II Orlando, FL Lawrence Howard Kolin Robert James Bjerg Kansas City, MO James R. Hobbs Alan H. Blankenheimer Phoenix, AZ C. Randall Bain Rosa Borenstein New York, NY Arthur Kinoy Franklin Lewis Broyles Dallas, TX Rodney Acker Joseph W. Bryan Atlanta, GA Martha Clewis Perrin Gary Burnett Las Vegas, NV Charles Edward Wiggins Andrew Edward Burrows San Francisco, CA Steven Benjamin Berlin Richard J. Cairns New York, NY Thomas Richard Kennedy Gregory E. Camden Norfolk, VA Charles S. Montagna Nancy L. Cameron Saint Paul, MN Carol A. Ellingson Paul D. Carrier Chicago, IL William J. Harte Patrick F. Carrigan Denver, CO Richard Paul Barkley Ayleen Charles San Juan, PR Paul B. Smith, Jr. Adam Byron Cogan Greensburg, PA Bruce A. Antkowiak Gina D. Coggin Gadsden, AL Clarence F. Rhea

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Applicant City and State Movant Marsha Nan Cohen San Francisco, CA Raymond Lawrence Sullivan Joshua Richard Cohen Cleveland, OH Donald Scott Scherzer Emmanuel Cokins Houston, TX Kenneth G. Engerrand Richard Timothy Colaresi Annapolis, MD Albert Willis Northrop Jonathan Strickland Tampa, FL Guy M. Burns Coleman Randall DeWayne Collins Beaumont, TX Mark Freeman Stephen G. Corris Irvine, CA Steven B. Chameides Mary C. Coulson Tulsa, OK Richard E. Coulson Timothy D. Crawley Jackson, MS Alben Norris Hopkins Stephen J. Cullen Baltimore, MD Rachel Theora McGuckian James R. Daly Chicago, IL Paul W. Schroeder Dan C. Dargene Dallas, TX Franklin Eastwood Wright Jack W. Derryberry, Jr. Nashville, TN Bruce Douglas Sokler Jaime M. Diez Brownsville, TX Javier Aguilar Mary B. Doggett San Antonio, TX Wallace Bernard Jefferson Francis T. Donohue, III Irvine, CA Viki Marlot Buchanan Michael J. Doyle Cornwall, NY Walt Thomas Zielinski Thomas W. Duffey Boston, MA Thomas M. Neville John T. Dukes Mobile, AL Frederick George Helmsing Lori A. Dvorak North Bergen, NJ James D. Martin, Jr. Laurie Anne Edlund Minneapolis, MN Dean Edward Miller

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Applicant City and State Movant Chuen Choi Eng Newark, NJ Hugo Reinaldo Ruiz Meredith Ann Erickson Faribault, MN James H. Manahan Earle I. Erman Bloomfield Hills, Sheldon Murray MI Meizlish Ray Fargason Lubbock, TX Harold Houston Pigg Steven Andrew Folsom San Diego, CA John Robert Ewers, Jr. Louis P. Font Brookline, MA Howard A. Friedman Patricia M. Forsyth Secaucus, NJ Kenneth Dennis McPherson, Jr James Michael Fox Boston, MA Dana Alan Curhan Frederick Wayne Frey Lake Charles, LA Robert Richard Bryant James Ryan Fryling Erie, PA Thomas Michael Lent Marsha Zimmerman Gerber Houston, TX Louis Burr Paine, Jr. Naomi E. Gittins Lorton, VA Gwendolyn H. Gregory Gale L. Glazer Brookline, MA Howard A. Friedman Jeffrey Edward Goering Wichita, KS Morris Lee Thompson Richard Blair Goetz Los Angeles, CA Warren M. Christopher Sandra Goldberg Oakland, CA Kenneth P. Alex Sherry A. Goldin Providence, RI Edward S. Goldin Corbett Gordon Portland, OR David H. Wilson, Jr. Brett Christopher Govett Dallas, TX Karl Glenn Dial K. Denise Grant Washington, DC John R. Quarles, Jr. James Cary Gray Houston, TX James Mills McGraw Richard A. Guest Seattle, WA Mason D. Morisset Amy Blumberg Hafey Los Angeles, CA Tami Sue Smason

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Applicant City and State Movant Judith A. Hagley Washington, DC Ann Modlin Boehm Sheryl Jaffee Halpern Chicago, IL Thomas John Verticchio Marcia Renaud Hot Springs, AR Paul Richard Hearnsberger Bosson D. Scott Hemingway Dallas, TX Robert W. Turner Roger L. Hillman Seattle, WA Normon J. Bruns Peter B. Hofrenning St. Paul, MN John L. Kirwin Lisa Hogan Denver, CO Terence Carley Gill James Holahan Rochester, NY Paul J. Yesawich, III Chandra Lorraine Holmes Lawton, OK Jay Stanley Walker Joseph G. Homsy Chicago, IL Paul Anton Zevnik Stephen Mark Houghton Pittburgh, PA Richard Douglass Klaber Marvin Isgur Houston, TX David Ronald Jones Patricia Ann Jamison Columbus, OH James Duvall David G. Jennings Columbus, OH Mark Landes Anthony Dean Johnson Tallahassee, FL Judge Charles J. Kahn, Jr. Cynthia M. Johnson St. Paul, MN Judge Mary Jeanne Coyne Carl I. Kaminsky New York, NY Howard S. Cooper Debra S. Katz Washington, DC Lynne Bernabei Jeffrey C. Kauffman Chicago, IL Edward B. Miller James Patrick Keane Boston, MA Thomas M. Neville Nancy Joan Kesteloot Phoenix, AZ Kerry G. Wangberg Judith Lorraine Kidd Locust Hill, VA Roger Gaylord Hopper Scott Allen King Dayton, OH Peter John Donahue Michael W. Kirk Washington, DC Michael A. Carvin Alice Judith Klein Boston, MA Thomas M. Neville Robert Edward Knoer Buffalo, NY Alan M. Wishnoff Lisa Cortney Landsman Miami, FL Alfred J. Pomeranz

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Applicant City and State Movant Ellen Sims Langille San Francisco, CA B. James Finnegan Fernand Lavallee Washington, DC Benjamin Richard Civiletti Evan Garland Lea Cartersville, GA Jefferson L. Davis, Jr. Lea Leadbeater Chicago, IL Paul Anton Zevnik Cindy S. Lee Pasadena, CA George J. Franscell Vicki R. Leggett Hattiesburg, MS Lawrence C. Gunn, Jr. Barbara Kozar Letcher Columbus, OH Charles Ensign Brant Jaimee Horowitz Levin Chicago, IL Patrick Alan Tuite Lawrence Wolf Levin Chicago, IL Patrick Alan Tuite Evan Singer Lipstein Lakewood, CO Telfer Woodhouse Norman Bradford L. Livingston Chicago, IL Edward W. Bergmann Luis Antonio Cintron Lopez Aguadilla, PR Hector Reichard S. Peter Ludwig New York, NY Ira Jay Levy James P. Magee New Orleans, LA Frederick W. Veters David P. Marcus Buffalo, NY Gayle L. Vaillancourt Eagan Bruce Alan Markell Bloomington, IN Steven H. Ancel Lisa K. McClelland New York, NY Michael Delikat Charles S. McCowan, III Baton Rouge, LA William Randolph D'Armond J. Olin McDougall, II Beaufort, SC E. John Daugs James W. McGlaughn Gadsden, AL Curtis Wright Paul Gerard McNamara Los Angeles, CA Warren M. Christopher Judith Ann Merrill Hartford, CT David Henry Wrinn Marcia J. Milner Las Cruces, NM Roger A. Finzel Tom M. Moore Oklahoma City, John N. Hermes OK John Lawrence Moore, Jr. Washington, DC Marcus Charles Migliore

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Applicant City and State Movant Paul Gerard Moorehead Washington, DC Philip Baker-Shenk John I. Morris Riverside, CA Richard Joseph Healy Marc Stuart Moskowitz Washington, DC Theodore Kligman Anhar Abdultayeb Mulla Boston, MA Thomas M. Neville Kevin Patrick Mullen Washington, DC Honorable John Paul Stevens, Associate Justice of the Supreme Court Mary L. Murphy Dallas, TX Rodney Acker Robert D. Nachman Chicago, IL Richard M. Bendix, Jr. Stephen Niermann Dallas, TX Andrew C. Olivo John M. Nonna Pleasantville, NY Thomas Richard Kennedy Donald D. Oliver Syracuse, NY James R. LaVaute Susan Orlansky Anchorage, AK Jeffrey M. Feldman Margarita Padilla Oakland, CA Kenneth P. Alex Eddie A. Pantiliat Scottsdale, AZ Alan H. Susman John Patrick Parker Cleveland, OH David Lawrence Doughten Richard Gary Passler New Orleans, LA Peter J. Butler Jeffrey J. Pavletic Washington, DC David Philip Schippers, Jr. Patrick M. Pickett Columbus, OH Mark Landes Simone C. Polak Wailuku, HI Philip Henry Lowenthal Mark Leslie Pomeranz Miami, FL Alfred J. Pomeranz Joseph A. Prokop, Jr. Baton Rouge, LA A. Edward Hardin Belinda B. Quilici Lovelock, NV David Francis Sarnowski Doug W. Ray Austin, TX Charles Richard Fine Ann M. Rice Concord, NH Douglas Noyes Jones

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Applicant City and State Movant J. Ray Riley Houston, TX Richard Guy Lione John W. Roberts Chicago, IL Paul Anton Zevnik Denise Rios Rodriguez Los Angeles, CA Tami Sue Smason Larry A. Rothstein Woodland Hills, Harry W. R. CA Chamberlain, II Robert J. Rudolph San Francisco, CA Nathan Cohn William J. Ruotolo Warwick, RI Dwight Gerard Duncan Charles B. Russell Wichita Falls, TX Stephen Robert Shelton Frank K. Russo St. Petersburg, Claudos G. Spears FL A. James Sarkisian Valparaiso, IN Nancy Harris Vaidik Kevin Michael Schad Cincinnati, OH Daniel Jerome Buckley Elizabeth L. Schoedel Spokane, WA Phyllis Dolvin Schoedel Jerry H. Schwab Houma, LA Charles Hanemann William J. Schwartz Somerset, NJ Hugo Reinaldo Ruiz Stuart A. Schwartz Philadelphia, PA Richard Douglass Klaber Gordon Phillip Selfridge West Palm Beach, Denise Distel FL Dytrych Michael D. Senneff Santa Rosa, CA Scott N. Kivel Suzanne M. Sheridan Washington, DC Steven Yale Winnick Deborah Elaine Shrager McLean, VA Linda J. Dreeben Chad A. Shultz Atlanta, GA F. Carlton King, Jr. Scott Siff Washington, DC Lois J. Schiffer Steven G. Silverman Huntington James George Woods, MI Gross Larry A. Silverman Pittsburgh, PA Michael J. Sweeney

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Applicant City and State Movant Steven Gary Sloma Cerritos, CA William James Landsiedel Robert H. Smallenberg Richmond, VA Gary R. Hershner John D. Smart Dallas, TX Franklin Eastwood Wright Nita Kay Smith Cleveland, OH Beth A. Sebaugh John Stanley Smith Lebanon, KY Joseph H. Mattingly, III Gary M. Spero Cerritos, CA William James Landsiedel John Edward Stafford Boston, MA Thomas M. Neville Gail Duffie Stebbins Augusta, GA David E. Hudson Laurel Stevenson Springfield, MO Donald E. Woody Andrena L. Stone Anchorage, AK Saul R. Friedman Silvija Anna Strikis Cabin John, MD Honorable Ruth B. Ginsburg, Associate Justice of the Supreme Court Michael Denis Sullivan Cedar Grove, NJ Stuart R. Koenig Patricia Witkowski Aurora, IL Thomas J. Supergan Piskorski Susan Barlow Swain San Jose, CA Ann Miller Ravel John Clinton Swanson San Francisco, CA Geo. H. Morgan Patricia Anne Taylor New York, NY Thomas Richard Kennedy Gilbert Earle Teal, II Eagle River, AK Christopher Alan Abel Peter Lund Tester St. Paul, MN Hubert H. Humphrey, III Marc F. Thys Isla Verde, PR Juan Villafane-Lopez Julie Underwood Alexandria, VA Ann L. Majestic Michael Aaron Varner Houston, TX Gus David Oppermann, V Jeanne Bugg Walston Birmingham, AL William Anthony Davis, III Jeffrey L. Warnick Chicago, IL Joan Susan Cherry

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Applicant City and State Movant Ann H. Washburn Dallas, TX William Ross Teter Robert Leslie Waycaster, Dalton, GA Warren N. Jr. Coppedge, Jr. Rebecca R. Weinreich Los Angeles, CA Kirk Christopher Jenkins Richard L. Weisz Albany, NY Jay Worona Moses E. Williams Tallahassee, FL Richard Anthony Patterson Maria Lucia Woodbridge Washington, DC Adam Howard Charnes David James Worley Atlanta, GA Dean Arthur Strang David Wallace Yancey San Francisco, CA Paul S. Rosenlund John P. Zelbst Lawton, OK Jay Stanley Walker Steven Zwick Santa Ana, CA Peter H. Wernicke

Admissions to the Bar on Written Motions August 7, 1998 Applicant City and State Movant Cynthia L. Anson Tucson, AZ Cary S. Sandman Kimberly A. Baker Cheyenne, WY Hugh L. Kenny Charles Waring Barrow Savannah, GA R. Stephen Sims Barbara Ann Benko Troy, MI George Edwardo Benko Susan M. Benton-Powers Chicago, IL Duane Charles Quaini Andrew S. Berns West Orange, NJ Stephen Hinshaw Skoller Richard R. Bleeke Fort Wayne, IN J. Frank Kimbrough Eric Weston Bloom Washington, DC John R. Keys, Jr. Douglas MacMillan Santa Ana, CA Stuart Gregory Borthwick Steingraber Laurie Richman Bortz Baltimore, MD Luther Ellis Justis, Jr. Lori A. Bowman Los Angeles, CA Robert Edward Freitas

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Applicant City and State Movant Myrna D. Bricker Miami, FL Alejandro Vilarello Gerald Vincent Bright Dallas, TX Arthur L. Walker, Jr. Michael R. Buchanan Dallas, TX James Knox Peden, III Janet K. Catina Stroudsburg, PA James Robertson Marsh Alison Lanier Reedsville, OH Dennis Lyle Sipe Cauthorn-Kreiss Joseph Patrick Chamley Champaign, IL Kenneth Norman Beth Bill Y. Chin Tigard, OR Richard A. Slottee Anthony Cohen Santa Rosa, CA George Forman F. Stephen Collins Denver, CO Joel W. Cantrick William Given Colvin Chattanooga, TN Ronald I. Feldman Errol L. Cormier Lafayette, LA J. Minos Simon Philip F. Cossich, Jr. Belle Chasse, LA John J. Molaison, Jr. Kathleen Coughenour Phoenix, AZ Philip T. Goldstein David Lawrence Craft Dallas, TX Arthur L. Walker Robert B. Craig Crestview Hills, Robert G. Stachler KY Mark Allan Crinnion Ferguson, MO Marie Lodato Crinnion Harriet E. Cummings Carson City, NV Ellen Miriam Shearing Gregory B. Curwen Tacoma, WA Dennis Sanford Harlowe Kimberly Sue Davis Columbus, OH Richard Osborn Wuerth Cheryl Lynette Davis New York, NY Robert Friend Herrmann Albert Edward Desrosiers Stratford, CT Donald C. Cousins Margaret C. DiCicco Huntington, CT Neil Howard Cogan Timothy Patrick Dillon Claremont, CA William M. Shernoff Bradley G. Bledsoe Downes Hoopa, CA Roger P. Downes William Marion Duncan Hornbrook, CA Edward Otho Cresap Ord

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Applicant City and State Movant James Kevin Duplese Ansonia, CT Neil Howard Cogan Charles L. Edwards Chicago, IL Stanley J. Adelman Jon B. Eisenberg Oakland, CA Barry R. Levy Anthony J. Ellrod Los Angeles, CA David J. Wilson John Douglas Ensley Topeka, KS Arthur E. Palmer Leigh D. Erie Tacoma, WA Dennis Sanford Harlowe Mark A. Erikson Vancouver, WA David B. Smith Jack E. Ferrebee Virginia Beach, Jeremiah A. VA Denton, III Janice Lee Fitzsimmons San Jose, CA Ann Miller Ravel Benjamin Alan Fleischner New York, NY Eric B. Schoenfeld Michael M. Fleming Seattle, WA Michael Robert Rayton Isla Ann Fruchter Philadelphia, PA Charles P. Mirarchi, III Rodney E. Gaddy St. Petersburg, Sylvia H. Walbolt FL Edward G. Gallagher Washington, DC Donald Glenn Gavin Carole Jean Gatewood Pittsburgh, PA Stanley M. Stein Ronald W. Gerdes Washington, DC Paul G. Giguere Sidney L. Gold Philadelphia, PA Richard L. Huffman Pamela H. Goldberg Tulsa, OK Leslie C. Rinn Jerald Patrick Grainger Hillsborough, CA Terence John Shannon Jack Michael Graves Boulder, CO David M. Ebel Stephen T. Greer Dunlap, TN Gerald Howard Summers Bruce A. Griggs Dallas, TX James Knox Peden, III Kendra J. Hall San Diego, CA Roy D. Axelrod James R. Holland, II Kansas City, MO Brian J. Finucane William F. Holt Cranston, RI William J. Lynch Cynthia A. Homan Chicago, IL Roy E. Hofer Valoria C. Hoover Akron, OH James Earl Davis Michael HuYoung Richmond, VA Edward D. Barnes

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Applicant City and State Movant Randi Klein Hyatt Baltimore, MD Clifford Bernard Geiger Brian Keith Jackson Chicago, IL John Milton Mason Edward M. Joffe Miami, FL Gilbert Lee Sandler David H. Johnson Savannah, GA Carl S. Pedigo, Jr. Philip Andrieus Jones Chicago, IL Jerome Gilson Gayla I. Jones Oklahoma City, David William OK Lee Robert Allen Katzmann Washington, DC Martin D. Ginsburg George A. Kielman McLean, VA Dean S. Cooper Leo Jimmy Kight, Jr. Macon, GA William Ashley Hawkins Mark Allen Kleiman Santa Monica, CA Carol A. Sobel Kenneth Klein Washington, DC David Finley Williams Frank Leo Kollman Baltimore, MD Peter S. Saucier Sharon Cerelle Konits Hauppauge, NY Ronald Podolsky Robert D. Kretzer Jersey City, NJ Edwin A. Hartung David R. Lawson Columbia, SC Michael Stephen Pauley Michael J. Lightfoot Los Angeles, CA John Paul Martin Craig Henry Lubben Kalamazoo, MI Craig A. Miller Paul Patrick Lynch New Castle, PA Carmen Frank Lamancusa Phyllis Elaine Mann Alexandria, LA Dmitrc Ian Burnes Thomas Marcelle Albany, NY Michael Roy Sonnenreich Leslie Seid Margolis Baltimore, MD Mitchell Y. Mirviss Leslie Gill Martin Dallas, TX Patrick Carl Guillot Warren E. Martin Tacoma, WA Timothy J. Whitters Noel D. Massie Birmingham, MI Theodore R. Opperwall

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Applicant City and State Movant Donn Jay McCall Casper, WY Michael John Sullivan Richard E. McCormack New Orleans, LA Wood Brown, III George Paul McCormick, Jr. Boulder, CO Jean Eberhart Dubofsky Charles Kennedy McCotter, New Bern, NC Rudolph Jr. Alexander Ashton, II Michael C. McLaughlin Boston, MA W. Paul Needham Robert Alexander McLean Germantown, TN Edwin Dean White, III Bartholomew L. McLeay Omaha, NE David Kemp Karnes Michael W. McTigue, Jr. Philadelphia, PA David P. Bruton John Dwyer Meehan Orlando, FL Douglas Neal Brawley Marc Nathaniel Melnick San Francisco, CA Stuart R. Pollak Richard Glen Menaker New York, NY Robert Friend Herrmann Richard A. Mescon New York, NY Peter Buscemi Roberto Lefranc Morales San Juan, PR Jose´ Antonio Mene´ndez Cortad Daniel J. Mulcahy McLean, VA David Finley Williams Karl G. Nelson Dallas, TX David I. Schiller D. Wesley Newhouse, II Columbus, OH Richard Osborn Wuerth James Louis Shannon Huntington, CT Neil Howard O'Rourke Cogan Gregory J. Ossi Washington, DC William P. McClure Alfred M. Parsons Shawnee, OK Jack Mattingly David A. Pearson, IV Fort Worth, TX William Harrison Ray Eric J. Pelton Birmingham, MI Theodore R. Opperwall

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Applicant City and State Movant Duke W. Ponick, Jr. Kansas City, MO Frederick James Wilkins Steven Hartnell Preston Orlando, FL Peter N. Smith Daniel Joseph Radacosky Phoenix, AZ John H. Cassidy Robert Rappel Vero Beach, FL Dennis M. O'Brien, Jr. Peter Michael Reed Austin, TX D. Kirk Swinney Dennis J. Rhoad Charleston, SC Gedney M. Howe, III Steven M. Richman Princeton, NJ Sheldon Michael Finkelstein Frederick A. Richman Los Angeles, CA Linda Jane Smith Jay Ernest Robinson Dallas, TX Michael F. Linz Jaime Rodriguez Rodriguez Vega Baja, PR Felix M. Zeno Gloro William J. Ruotolo Mansfield, MA Dwight Gerard Duncan David A. Santacroce Ann Arbor, MI Karl L. Moss Jan Bullock Sbarbaro Denver, CO Neil D. O'Toole Bradley H. Schleier Phoenix, AZ Joseph Thomas Clees Tod Frederick Schleier Phoenix, AZ Joseph Thomas Clees James E. Schneider Marietta, OH Dennis Lyle Sipe Eric M. Schwing Springfield, IL Mary Lee Cullen Leahy Scott Gary Seidman Portland, OR Don Hall Marmaduke Hassan Marwan Shihab Columbus, OH Steven C. Bahls Gary Richard Siniscalco San Francisco, CA Michael Delikat John Scott Smith Sacramento, CA Carolee Kilduff Ray S. Smith, III Atlanta, GA Steven K. Leibel James Vance Stallings Williamsburg, VA Stephen A. Hudgins Taylor Currell Stein Lawton, OK Jerry Clay Cude Darren D. Sumich Belle Chasse, LA John J. Molaison, Jr. Richard Brian Sypher New York, NY Paul Joseph Bschorr

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Applicant City and State Movant Brent A. Talbot New Orleans, LA Douglas Lanaux Grundmeyer John J. Tambascia, Jr. Belle Mead, NJ George Anthony Prutting, Jr. Pamela O'Leary Tower Honolulu, HI Daniel Robert Foley Monica Joan Tranel Philadelphia, PA James I. Crowley Alfred Truesdell Orlando, FL Thomas C. Garwood, Jr. John Franklin Udochi New York, NY James Emanuel Brown Richard W. VanVeldhuisen Trenton, NJ Maryann K. Bielamowicz Ramon Vazquez Bayamon, PR Roberto Lefranc-Romero David Paul Voisin Columbia, SC John H. Blume David C. Voss Topeka, KS John Clarence Frieden Anthony W. Walluk San Antonio, TX Ward William Elmendorf Ronald Francis Wayne Cleveland, OH Roger W. Van Deusen Edward S. Weil, III Chicago, IL Paul Joseph Gaynor Donna Cox Wells Los Angeles, CA Michael P. King Andrew Jefferson Whalen, Griffin, GA John James Flynt, III Jr. Kenneth E. White Ft. Lauderdale, James Hughes FL Hancock Melissa N. Widdifield Los Angeles, CA John Paul Martin Robert Bryan Wilson Charleston, WV Roger D. Forman James H. R. Windels New York, NY John J. Clarke, Jr. Kay Lynne Wolf Orlando, FL Thomas C. Garwood, Jr. Roger Todd Wooten Little Rock, AR Jerry W. Cavaneau Lorinda Meier Youngcourt Indianapolis, IN Brent L. Westerfeld

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156 MONDAY, OCTOBER 5, 1998 Admissions to the Bar on Written Motions August 28, 1998 Applicant City and State Movant

James F. Adler Kansas City, MO Dennis James Campbell Owens Nelson Dale Alexander Indianapolis, IN Donald Bradley Kite, Sr. Clifford David Allo Tacoma, WA Douglas Warren Vanscoy Kent Verne Anderson West Sacramento, Quin Denvir CA Maria Juskiw Armstrong Columbus, OH George V. Voinovich Michael Kevin Atkinson Washington, DC Richard Anthony Hibey James W. Bain Denver, CO Charles F. Brega Scott Sonny Balber New York, NY James Wesley Harbison, Jr. George Eftihios Bassias Astoria, NY Spiros A. Tsimbinos Dennis Benjamin Boise, ID David Z. Nevin Michael Milton Bergfeld Los Angeles, CA James O. White, Jr. Michael Roger Bergmann Washington, DC Newman Thorbus Halvorson, Jr. Edward Franklin Berry Columbus, GA William G. Scrantom, Jr. James William Bilderback, Los Angeles, CA Donald Eugene II DeNicola David Joseph Boneno Baton Rouge, LA Robert G. Pugh Earl Raymond Booze Johnson City, TN Myers N. Massengill Leonard L. Broseker Sacramento, CA Walter Darrell Phillips Michael G. Burk Austin, TX Judge James R. Nowlin Peter J. Butler, Jr. New Orleans, LA Peter J. Butler

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Applicant City and State Movant Stanton L. Cave Lexington, KY W. Henry Jernigan, Jr. Lori J. Cerato Stroudsburg, PA Paul A. Barrett Jennifer A. Childress Austin, TX Adrian L. Young Michael Kent Clarkson San Francisco, CA B. James Finnegan Lanetta M. Cooper Austin, TX Mark L. Kincaid Christine Penelope Omaha, NE Thomas J. Costantakos Monaghan Desiree Olivia Cox Santa Rosa, CA Gary Nadler James Thomas Crotty Chicago, IL Jerome F. Crotty Brian Wayne Cubbage Alexandria, VA William Steven Paleos Robin Elizabeth Curtis Houston, TX L. Chapman Smith Richard L. Demsey Cleveland, OH Harlan Meyer Gordon Jeanette Denham North Little Rock, Beni Shane Perry AR Saleem D. Dennis Valdosta, GA Roger J. Dodd Donna D. Domonkos Cheyenne, WY Sylia Lee Hackl Thomas Alexander Douvan San Francisco, CA John T. Ronan, III William T. Doyle Cleveland, OH John Brendan Gibbons Thomas Jefferson Drake, Jr. Nashville, TN Mariah A. Wooten Robert Kenneth Drinan Brooklyn, NY Kent Vaughan Moston Jeffrey Scott Dunlap Cleveland, OH Ronald H. Isroff Richard W. Edwards Louisville, KY Edward H. Stopher Salley Wood Elliott Columbia, SC Donald John Zelenka Pamela Carroll Farmer Frankfort, KY Suetta Wilson Dickinson Brenda L. Flanders Salt Lake City, Bryce E. Roe UT Karel Robert Foster Stockton, CA Thomas Joseph Shephard David E. French Boca Raton, FL Russell S. Bohn Keith E. Gilman Scotch Plains, NJ Daniel H. Bobis

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Applicant City and State Movant Jennifer A. Golden Cheyenne, WY Thomas Michael Golden Martin J. Goodman Albany, NY Diane Davis Richard B. Gould, Jr. McAllen, TX Joseph A. Connors, III Charles W. Gould Alexandria, VA William C. Kelly, Jr. David E. Green Carroll, IA Robert Kohorst Andrew Madison Greenwell Corpus Christi, James Richard TX Harris Robert P. Guido Mineola, NY Moses M. Weinstein Jeannine S. Haag Fort Collins, CO George Henry Hass Donna L. Harris San Diego, CA Gary Richard Nichols Robin Elise Harvey Cincinnati, OH David G. Holcombe John David Hawkins Spartanburg, SC Toney J. Lister Kent Erickson Herrin Johnson City, TN John S. Bingham Mark Herron Talahassee, FL Edward Gary Early J. Kent Holland Salt lake City, UT Tim Dalton Dunn Kathleen A. Hunt Laramie, WY Rebecca Ann Lewis Michael Joseph Jackonis, Jr. Philadelphia, PA Rand Redd Pixa William S. Jacobson Cleveland, OH Harlan Meyer Gordon Phillip Jaffe Astoria, NY Spiros A. Tsimbinos Timothy Lee James Yankton, SD John R. Kabeiseman John Charles Joyce Tulsa, OK J. C. Joyce Timothy H. Joyce Hudson, MA William J. Murphy Karen S. Kassebaum Omaha, NE Mark Alan Weber Timothy M. Kelly Chicago, IL Alvin R. Becker J. Thomas Kirkman Barnstable, MA Philip A. Rollins David S. Krueger Eureka, CA Frances M. Ternus John Henry Ladd Washington, DC Barnaby W. Zall

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Applicant City and State Movant

Virginia Curtis Lee Salt Lake City, Randy L. Dryer UT Jeffrey Allan Leikin Cleveland, OH Harlan Meyer Gordon Guy Joseph Levasseur New York, NY Francis P. Manchisi Adam J. Levitt Chicago, IL William Roy Coulson Nancy J. LoDolce Santa Rosa, CA John F. DeMeo Ronald G. MacFarlane, Jr. Dallas, TX Lewis R. Sifford Francisco S. Marinas Cherry Hill, NJ Joseph Harris David Marsha Elaine Marovich Corte Madera, CA George Michael Marovich Nancy Ann Martin Checotah, OK Christen R. Blair Samuel M. Matchett Atlanta, GA John F. Wymer, III Michael Mattimore Tallahassee, FL Bruce Alexander Minnick Martha Lynn McGill San Diego, CA Alexandra Mary-Stacia Kwoka Jeffrey Curran McIntyre Calabasas, CA Gary Stephen Lewis Eric Bennett Metz Wichita, KS Morris Lee Thompson Michael A. Mixer Ann Arbor, MI Stefan B. Herpel Lisa K. Nally-Martin Lebanon, KY Joseph H. Mattingly, III John Richard Nance Stanfield, NC Timothy Stewart Barkley, Sr. Angela J. Nicita Detroit, MI Mark Granzotto Margaret Ann O'Donnell Troy, MI John Patrick Charters Michael F. O'Donnell Santa Rosa, CA Scott N. Kivel Mary Elizabeth Ott St. Louis, MO Deborah Michelle Bird

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160 MONDAY, OCTOBER 5, 1998

Applicant City and State Movant David M. Paris Cleveland, OH Harlan Meyer Gordon Michael Eli Quiat Hackensack, NJ Arthur Uscher Kenneth R. Raines Bay Minette, AL Bayless E. Biles Leo John Ramunno Wilmington, DE James Folsom Janet Ruth Randle Dallas, TX Armand Arabian Timothy M. Rastello Boulder, CO A. Bruce Jones Nathaniel Rayle McLean, VA Israel Goldowitz John William Rife Hot Springs, AR John Romaine Beasley William M. Rishoi Orlando, FL Terrence Edward Kehoe Steven R. Rodgers Phoenix, AZ C. Randall Bain Richard A. Rominger Savannah, GA Edward T. Brennan Maria Ruhtenberg Des Moines, IA Paul H. Rosenberg John Charles Ruiz-Bueno Cleveland, OH Anne Kilbane Peter Scott Rukin New York, NY Robert H. Stroup Kieran Francis Ryan Las Cruces, NM Mark A. Filosa Shelley Jean Sandusky Redwood City, CA Carl William Chamberlin Kathryn Rider Schmeltzer Washington, DC Howard Michael Schmeltzer Patrick S. Scott Fort Lauderdale, Robert C. Scott FL Howard Marc Shanker Phoenix, AZ John H. Cassidy Tamera Crites Shanker Tempe, AZ John H. Cassidy Jeffrey S. Shapiro Richmond, VA Leah Ann Darron John Mark Shelnutt Columbus, GA William G. Scranton, Jr. Philip J. Snyderburn Winter Park, FL Terrence Edward Kehoe Kathleen J. St. John Cleveland, OH Harlan Meyer Gordon Paul Strauss Chicago, IL Judson Hirsch Miner Robert C. Sullivan, Jr. New York, NY Robert Cook Sullivan

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MONDAY, OCTOBER 5, 1998 161

Applicant City and State Movant Rodney Mayer Sweet Lafayette, CA Robert Michael Smith Allison Hughes Ting Los Angeles, CA Marc Elliot Turchin Sheldon V. Toubman Guilford, CT Francis Xavier Dineen Michael S. Truesdale Austin, TX Thomas E. Baker Darrell R. VanDeusen Baltimore, MD Peter S. Saucier Mark T. Walsh Albany, NY Thomas F. Gleason William J. Walsh Boston, MA Brian E. Burke Louis Hanner Watson, Jr. Jackson, MS Lawrence J. Franck James Francis Weadick Covington, GA John Virgil Costley, Jr. W. David Wells St. Louis, MO James W. Erwin Robert Phillip Whitlock Fresno, CA Arnold O'Neill Overoye Sandra Boyd Williams Indianapolis, IN Donald Bradley Kite, Sr. Howard S. Wolfson New York, NY Patricia Anne Kuhn Stephen Brian Yeager Dallas, TX William Earl Marple Robert Allen Zielke Seattle, WA David W. Duce

Admissions to the Bar on Written Motions September 18, 1998 Applicant City and State Movant

Ashley B. Abel Greenville, SC Edwin G. Foulke, Jr. Amanda M. San Juan, PR Hernandez Rafael Acevedo-Rhodes A. Carazo Carol Ann Ahern Chicago, IL James R. Daly David A. Allgeyer Minneapolis, MN James Patrick McCarthy Debora B. Alsup Austin, TX John Cornyn Victor Amador Dallas, TX Charles W. McGarry

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162 MONDAY, OCTOBER 5, 1998

Applicant City and State Movant Julie A. Auerbach Media, PA David E. Auerbach Lawrence P. Bemis Miami, FL Joseph P. Klock, Jr. Margie Best Chicago, IL Kathleen F. Hobson Michael Nicholas Beukas Tenafly, NJ Marc C. Saperstein Marilyn Blandford Baltimore, MD James F. Blandford Abraham W. Bogoslavsky Little Rock, AR Russell Allen Gunter Tonianne J. Bongiovanni Asbury Park, NJ Richard Coughlin Robert W. Booksh, Jr. New Orleans, LA Lindsey M. Ladouceur Michael V. Brady Sacramento, CA R. James Diepenbrock J. Lorraine Brennan Miami, FL Esther Elisa Galicia Linda Broocks Houston, TX William W. Ogden Travis B. Bryan, III Bryan, TX Jim W. James David Andrew Buzard Norfolk, VA Carlton Frank Bennett Gregg Anthony Cervi Alexandria, VA William T. Storz Ralph D. Chabot Camarillo, CA Wendy Cole Lascher Cedric Henry Channels Laguna Beach, CA John Francis Parker Robert Duncan Church Annapolis, MD Robert Earl Wilson Luke Winthrop Cole San Francisco, CA Anne Elizabeth Simon Jorge Alexis Colon Washington, DC Robert Gregory Covington William Buck Conners Monterey, CA George Leonard Schroeder Jeffrey James Conway South Sioux City, Christopher A. NE McLean Larry J. Cox Sacramento, CA Peter Alva Buck

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MONDAY, OCTOBER 5, 1998 163

Applicant City and State Movant Sandra Ray Criner Wilmington, NC Phillip Scott Hedrick Sherman Lee Criner Wilmington, NC Phillip Scott Hedrick Kathleen Mary Cronin New York, NY Thomas J. Munsch, Jr. John Bartley DeLone Harrisburg, PA Samuel L. Andes Cecilia Marque´s Di´az San Juan, PR Jose Antonio Menendez Cortada Garrett Christopher Donley Troy, MI Bernard J. Cantor Joseph Massie DuRant Newport News, James Vance VA Stallings John Christopher Stephen San Diego, CA Rick L. Bove Dunk Andrew Philip Pomfret San Diego, CA Rick L. Bove Dunk, III James Melbourne Durant, Washington, DC George Williford III Boyce Haley Scott Anthony Durfee Houston, TX Lisa A. Brown Bradley Michael Fields San Diego, CA Everett L. Bobbitt Philip A. Fleischman Chicago, IL Alvin R. Becker John B. Fox New Orleans, LA Lindsey M. Ladouceur Andrew J. Frackman New York, NY Daniel J. Beller Kevin Allan Gaynor Washington, DC Alden Lewis Atkins Leonard Howard Gerson New York, NY Rochelle Rena Weisburg Mark J. Gherty Hudson, WI Terrence M. Gherty Jefferson D. Gilder Southaven, MS Susan M. Brewer Ira Lawrence Gottlieb Pacific Palisades, Matthew S. CA Greenberg Robert J. Gregory Washington, DC Lorraine Charlotte Davis Robert Groover Dallas, TX Edward G. Fiorito James Kevin Haney East Brunswick, Paul J. Soderman NJ

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164 MONDAY, OCTOBER 5, 1998

Applicant City and State Movant Mark D. Harrison Sacramento, CA R. James Diepenbrock Michael Eric Herz New York, NY Paul R. Verkuil Stephen A. Hilger Grand Rapids, MI Richard Allan Kay Paula W. Hinton Houston, TX Daniel Joseph Scott Lew Hippen Ames, IA Edith Dinneen Hakola Walter William Hofheinz Dallas, TX Kay Elkins-Elliot Christian S. Hofstetter Nashville, TN Oscar B. Hofstetter, Jr. Joseph Richard Homsey, Jr. Oklahoma City, Robert Harlan OK Henry George C. Hopkins Washington, DC Alden Lewis Atkins Russell D. Hunt, Jr. Georgetown, TX Stanley L. Schwieger Joel S. Jacobs Oakland, CA Margarita Padilla Billie Louise Johnson Edwardsville, IL J. William Lucco Jack Carl Jordan Lansing, MI Paul Vincent Groth Donald Ward Kallstrom, Jr. San Francisco, CA Graydon Shaw Staring F. Scott Kieff New York, NY Giles Sutherland Rich Teresa L. Kinney Arvada, CO Charles H. Richardson Daniel Joshua Klau Hartford, CT Mark R. Kravitz George Christian Kraehe Brownsville, TX Charles V. Willette, Jr. Karen J. Krueger Washington, DC Martin Everett Sloane Carlton Edgar Lacy Walnut Creek, CA Rene´e E. Torres Fred A. Leibrock Oklahoma City, Kenneth Upton, OK Jr. Joshua D. Lerner Miami, FL Scott M. Sarason Richard Allan Lewis Chicago, IL Lawrence Rosenthal Dobbin P. Lo Los Angeles, CA Wellington Yee Kwan William Lambert Lucas Edina, MN David F. Herr

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MONDAY, OCTOBER 5, 1998 165

Applicant City and State Movant Robert Markle New Orleans, LA Christopher Albert Aberle Wilbert B. Markovits Cincinnati, OH William Henry Blessing J. Kevin McCall Chicago, IL Joan M. Hall Ann Brom McCaughan St. Paul, MN Lawrence Hammerling Sean Thomas McGee San Diego, CA Rick L. Bove Melissa Lynn Menkel Baltimore, MD Peter D. Guattery Cathryn Young Minneapolis, MN Lawrence Middlebrook Hammerling Bennett Avram Midlo Houston, TX Catherine Bukowski Matthew Guy Minter Sanford, FL Daniel DeWitt Eckert Genevieve Morelli Washington, DC Robert Jeffrey Aamoth Marshal David Morgan San Juan, PR Francisco Augusto Besosa J. Andrew Nathan Denver, CO Christina Marie Habas Mark S. Nelson Brookfield, WI Christine K. Nelson George Nelson Jacksonville, FL John J. Kearns Gerald L. Neuman New York, NY John Francis Manning Jeffrey A. Norkin Miami, FL F. Lee Bailey Stephen Jay Obie New York, NY Alexander R. Sussman Christian Carl Onsager Denver, CO Thomas Buchan Kelley Joseph C. Parker Marietta, GA Garvis Leon Sams, Jr. Robert W. Pittman Miami, FL Joseph P. Klock, Jr. Sarah Posner Washington, DC Leslie Agnes Brueckner Bruce D. Praet Santa Ana, CA Peter J. Ferguson Margaret Raymond Iowa City, IA James Joseph Tomkovicz

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166 MONDAY, OCTOBER 5, 1998

Applicant City and State Movant Mary K. Reeder Indianapolis, IN James Ward Riley, Jr. Michael Nicholas Ripani Chicago, IL Judge Abraham L. Marovitz John W. Rodgers Murfreesboro, TN Michael G. McLaren Elyse Rosenblum Washington, DC Audrey Jane Anderson Andrew R. Schulman Hampstead, NH Gary Nowell Apfel Lonnie C. Simmons Chcarleston, WV Rudolph L. DiTrapano Mark Small Indianapolis, IN Harry Allan Wilson, Jr. Marc Alan Starrett Montgomery, AL Norman Gunter Guy, Jr. Scott Michael Strauss Little Rock, AR Austin McCaskill K. Michael Swann Winter Park, FL Terrence Edward Kehoe Paul S. Swedlund Rapid City, SD James S. Nelson William L. Thompson Boston, MA Barry Y. Weiner Todd E. Thompson San Francisco, CA Martin R. Glick Sanford Allen Toyen San Diego, CA Everett L. Bobbitt Joseph William Varela Houston, TX David Adler Craig Allen Varga Chicago, IL Norman Benjamin Berger Daniel J. Voelker Chciago, IL John Herbert Anderson David Mark Wagner Virginia Beach, Joseph William VA Eshelman Richard A. Weigand New Orleans, LA Carl James Hebert Linda M. Weinberg Washington, DC Douglas Ward Hall Rolayne Ailts Wiest Pierre, SD David D. Wiest Stephen C. Willis Tallahassee, FL Edward Charles Kitchen Larry M. Wolf Baltimore, MD Robert S. Hillman John Oliver Worth Rushville, IN Rodney V. Taylor Derek Barnet Yarmis Baltimore, MD Bryan D. Bolton

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MONDAY, OCTOBER 5, 1998 167

Applicant City and State Movant

Michael S. Yu San Marino, CA Mark Paul Geffon Gregory T. Zalecki Sterling Heights, Roger Q. Hyde MI Catherine Cornelia Ziehl Boston, MA Richard Wayne Cole

Admissions to the Bar on Written Motions October 5, 1998 Applicant City and State Movant

Michael L. Alexander Little Rock, AR Austin McCaskill Frances P. Allegra Miami, FL Guillermo Enrique Pena Susan Joyce Andrews Minneapolis, MN Marie L. Wolf Libby Hougland Banks Oklahoma City, Bernard J. OK Rothbaum Catherine L. Bjorck Dallas, TX William Earl Marple Michael Brenner Lighthouse Point, Robert Gregory FL Covington Lee E. Christian Fort Collins, CO M. David Lindsey Carmine Joseph Cordi, Jr. Monticello, AR William R. Simpson, Jr. Billy M. Croll Oklahoma City, Bernard J. OK Rothbaum Mayra Isabel Rivera Washington, DC Robert Gregory Delgado Covington Fred Joseph Federici, III Las Cruces, NM William R. Federici Gary Dean Fry Philadelphia, PA John W. Pelino Richard M. Gaynor Washington, DC Malcolm M. Gaynor Alexander E. Golan Seattle, WA Quentin R. Yerxa James A. Goold Washington, DC E. Edward Bruce Alice Ward Greene Little Rock, AR Charles A. Brown Cynthia Lamb Harnett Cheyenne, WY Michael Lee Hubbard Teresa Lynn Harris Raleigh, NC William Paul Hart

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168 MONDAY, OCTOBER 5, 1998

Applicant City and State Movant Ryan H. Haywood Ann Arbor, MI James Dabney Miller Peter S. Holmes Seattle, WA James P. Donohue Steven Wright Likens Memphis, TN Paul E. Prather Russell J. Malta Oakhurst, NJ Martin John McGreevy Edward M. Mansfield Des Moines, IA Sue Luettjohann Seitz Jay F. Meisenberg Fort Myers, FL Annamarie Bondi-Stoddard Allan Todd Migdal Skokie, IL Douglas Roy Cannon James Edward Miller Philadelphia, PA John W. Pelino George William Mykulak Boston, MA Louis J. Scerra, Jr. Judith Riccardi Nemsick New York, NY Michael J. Holland Sandra Kay Pailca Seattle, WA Richard H. Holmquist Benet Pols Brunswick, ME Cynthia Mary Pols Luz Ivette Rivera-Rivera San Juan, PR Hernandez Rafael A. Carazo Howard Andrew Rosenthal Philadelphia, PA John W. Pelino Darryl M. Saunders Newark, NJ Chuen Choi Eng Pamela S. Schmidt Santa Monica, CA Michael M. Berger Kevin Patrick Shay San Antonio, TX Harold C. Zuflacht Lisa Maureen Smith Southfield, MI Roger James McClow Stephen E. Toner, Jr. Spring Hill, FL Genie Buckingham Toner William D. Turner Lewisburg, WV Grant F. Crandall Elizabeth Warren Cambridge, MA Charles Fried Charles Randall Watts Washington, DC Warren M. Cheek, Jr. Mark Joseph Weber Rockville Centre, Eugene Wollan NY Denise R. Yarnoff Paoli, PA Thomas A. Riley, Jr.

Admissions to the Bar on Oral Motions Applicant City and State Movant Gary Paul Andre´ Los Angeles, CA Philip A. Doran

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MONDAY, OCTOBER 5, 1998 169

Applicant City and State Movant Leon Anderson, Jr. Oak Park, IL Patrick Martin Gleason Gwendolyn D. Bayless Oak Park, IL Patrick Martin Gleason Adrienne Elaine Davis Chicago, IL Patrick Martin Gleason Parul U. Desai Chicago, IL Patrick Martin Gleason Mark Phillip Douglass Chicago, IL Patrick Martin Gleason Praveen Kosuri Chicago, IL Patrick Martin Gleason Yolanda Vazquez Leon Chicago, IL Patrick Martin Gleason Erica Lorraine Reddick Chicago, IL Patrick Martin Gleason Amy Notarius Rubin Chicago, IL Patrick Martin Gleason Mark Joel Rubin Chicago, IL Patrick Martin Gleason Harold J. Winston Naperville, IL Patrick Martin Gleason A. S. Ben-Merre Bronx, NY Gerald Lebovits Jeffrey C. Chancas New York, NY Gerald Lebovits Julia Ruth Davis Brooklyn, NY Gerald Lebovits Lester Dembitzer New York, NY Gerald Lebovits Lucas A. Ferrara New York, NY Gerald Lebovits Renee T. Fortain New York, NY Gerald Lebovits Peter Glick Teaneck, NJ Gerald Lebovits David M. Godosky New York, NY Gerald Lebovits Judith Ellen Gross New York, NY Gerald Lebovits Cheryl Ann Harris New York, NY Gerald Lebovits John J. Murphy, Jr. New York, NY Gerald Lebovits Zoran Najdoski New York, NY Gerald Lebovits Richard S. Peskin New York, NY Gerald Lebovits Helene Carol New York, NY Gerald Lebovits Schechtman-Praeger Ravi Ivan Sharma New York, NY Gerald Lebovits Todd L. Williams New York, NY Gerald Lebovits

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170 MONDAY, OCTOBER 5, 1998 Oral Arguments No. 961570. NYNEX Corporation, et al., Petitioners v. Discon, In- corporated. Argued by Mr. James R. Young for the petitioners, by Mr. Lawrence G. Wallace for the United States as amicus curiae, by spe- cial leave of the Court, and by Mr. Lawrence C. Brown for the respondent. No. 971056. Naomi Marques, Petitioner v. Screen Actors Guild, Inc., et al. Argued by Mr. Raymond J. LaJeunesse for the petitioner and by Mr. Leo Geffner for the respondents. No. 976203. Nathaniel Jones, Petitioner v. United States. Argued by Mr. Quin Denvir for the petitioner and by Mr. Edward C. DuMont for the respondent.

Adjourned until Tuesday, October 6, 1998, at 10 o'clock.

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(JOURNAL) TUESDAY, OCTOBER 6, 1998 171 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 Scott Edward Blinks Chehalis, WA Honorable Slade Gorton James Andrew Vander Chehalis, WA Honorable Slade Stoep, Jr. Gorton Mark Raymond Mitchell Cadillac, MI Honorable David Lee Camp Robert Dale Sheehan Rochester Hills, Honorable David MI Lee Camp Janis John Otto Biks a San Mateo, CA Silvija Anna Strikis Patricia Rose Ballner New York, NY Gerald Lebovits Perry Burkett New York, NY Gerald Lebovits Sherri L. Eisenpress New York, NY Gerald Lebovits Edna Estelle Figueroa Brooklyn, NY Gerald Lebovits William Kenneth Hoefer Bronx, NY Gerald Lebovits Jehovenn A. Honculada Wayne, NJ Gerald Lebovits Thomas Joseph Lynch Bronx, NY Gerald Lebovits Anita O. Prodigalidad New York, NY Gerald Lebovits Steven B. Shapiro New York, NY Gerald Lebovits Dennis J. Sheridan New York, NY Gerald Lebovits Wallace A. Showman New York, NY Gerald Lebovits Jean Warshaw New York, NY Gerald Lebovits

Oral Arguments

No. 971147. Minnesota, Petitioner v. Wayne Thomas Carter and Melvin Johns. Argued by Mr. James C. Backstrom for the petitioner, by Mr. Jeffrey A. Lamken for the United States as amicus curiae, by special leave of the Court, and by Mr. Bradford Colbert for the respondents. No. 971130. Wayne K. Pfaff, Petitioner v. Wells Electronics, Inc. Argued by Mr. Jerry R. Selinger for the petitioner, by Mr. C. Randall

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172 TUESDAY, OCTOBER 6, 1998 Bain for the respondent, and by Mr. Jeffrey P. Minear for the United States as amicus curiae, by special leave of the Court.

Adjourned until Wednesday, October 7, 1998, at 10 o'clock.

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(JOURNAL) WEDNESDAY, OCTOBER 7, 1998 173 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

Leanne Alsen Media, PA Judge Robert A. Wright Roxanne Arena Media, PA Judge Robert A. Wright Andre E. Belefonte Meda, PA Judge Robert A. Wright Sheryl L. Brown Media, PA Judge Robert A. Wright Linda Crozier Ferrara Media, PA Judge Robert A. Wright Thomas P. Gannon Woodlyn, PA Judge Robert A. Wright Michael Joseph Hawley Media, PA Judge Robert A. Wright Marc David Ippoliti Media, PA Judge Robert A. Wright Elaine M. Jenkins-Wacey Media, PA Judge Robert A. Wright Darla Selaine Keaton Media, PA Judge Robert A. Wright Kathryn A. Meloni Media, PA Judge Robert A. Wright Donna Kantor Osner Media, PA Judge Robert A. Wright Clara Allison Rankin Media, PA Judge Robert A. Wright John W. Campbell Spokane, WA Francis John Lorson Mary Catherine Charleston, WV Dan Schweitzer Buchmelter Michael Robert Geroe Washington, DC Myles V. Lynk, III

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174 WEDNESDAY, OCTOBER 7, 1998

Applicant City and State Movant Duke K. McCall, III Washington, DC Lee Ann Anderson McCall Nooshen Amiri Washington, DC Katherine Romayne Shanabrook Christy A. Slamowitz Washington, DC Katherine Romayne Shanabrook

Oral Arguments No. 971235. City of Monterey, Petitioner v. Del Monte Dunes at Monterey, Ltd., and Monterey-Del Monte Dunes Corporation. Argued by Mr. George A. Yuhas for the petitioner, by Mr. Edwin S. Kneedler for the United States as amicus curiae, by special leave of the Court, and by Mr. Michael M. Berger for the respondent. No. 97889. Ceasar Wright, Petitioner v. Universal Maritime Service Corporation, et al. Argued by Mr. Ray P. McClain for the petitioner, by Ms. Barbara D. Underwood for the United States as amicus curiae, by special leave of the Court, and by Mr. Charles A. Edwards for the respondents.

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

Order in Pending Case No. A281. Jonathan Nobles, Applicant v. Texas Department of Criminal Justice. Application for stay of execution of sentence of death presented to Justice Scalia and by him referred to the Court denied.

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(JOURNAL) FRIDAY, OCTOBER 9, 1998 175 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. 98564. William Jefferson Clinton, President of the United States, et al., Appellants v. Matthew Glavin, et al. Appeal from the United States District Court for the Eastern District of Virginia. Joint motion to expedite consideration of the jurisdictional statement, and to set an expedited briefing schedule granted. In this case, probable jurisdiction is noted. Brief of the Solicitor General to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, October 20, 1998. Brief of appellees to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Wednesday, Novem- ber 4, 1998. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before Tuesday, November 17, 1998. Rule 29.2 does not apply. The case is consolidated for oral argument on Mon- day, November 30, 1998, with No. 98404, Department of Commerce v. United States House of Representatives, and a total one and one-half hours are allotted for oral argument.

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(JOURNAL) MONDAY, OCTOBER 12, 1998 177 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. 986324. Dwayne Allen Wright, Petitioner v. Ronald J. Ange- lone, 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.

Order In Pending Case No. A285. John Lambert, Superintendent, Washington State Peni- tentiary v. Katie Vargas, Next Friend of Jeremy Sagastegui. Applica- tion to vacate stay of execution of sentence of death entered by the United States Court of Appeals for the Ninth Circuit on October 11, 1998, presented to Justice O'Connor and by her referred to the Court granted. Justice Stevens and Justice Breyer would deny the application to vacate the stay of execution.

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(JOURNAL) TUESDAY, OCTOBER 13, 1998 179 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. M19. In Re Philip Hargreaves, Petitioner. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M20. Dan E. Fore, Petitioner v. Michael W. Carmel, et al. Mo- tion to direct the Clerk to file a petition for writ of certiorari out-of- time denied. No. M21. U. S. Fish Corporation, Petitioner v. Seminole Tribe of Florida. Motion to direct the Clerk to file a petition for writ of certio- rari out-of-time denied. No. 9, Original. United States of America, Plaintiff v. State of Loui- siana, et al. (Texas boundary case) On Bill of Complaint. Joint motion for entry of supplemental decree granted. Decree entered. No. 108, Original. Nebraska, Plaintiff v. Wyoming, et al. Motion of the Special Master for compensation and reimbursement of expenses granted, and the Special Master awarded a total of $98,644.56 to be paid as follows: 35% by Nebraska, 35% by Wyoming, 5% by Colorado, and 25% by the United States. No. 97303. Humana Inc., et al., Petitioners v. Mary Forsyth, et al. Motion of the Solicitor General for leave to participate 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 respondent American Constitutional Law Foundation, Inc., for leave to permit respondent Bill Orr to sit at counsel table denied. 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 petitioners to award costs denied.

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180 TUESDAY, OCTOBER 13, 1998 No. 98404. Department of Commerce, et al., Appellants v. United States House of Representatives, et al. Motion of Jerome Gray, et al., for leave to file a brief as amici curiae granted. No. 985554. Bruce Flanagan, et ux., Petitioners v. Howard Arnaiz, et al. Motion of petitioners for leave to proceed in forma pauperis denied. Petitioners allowed until November 3, 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. 985590. C. Muhammad, Petitioner v. Federal Republic of Nige- ria, et al. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner allowed until November 3, 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. 986. El Paso Natural Gas Company, et al., Petitioners v. Laura Neztsosie, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted. No. 971868. UNUM Life Insurance Company of America, Peti- tioner v. John E. Ward. Motion of Standard Insurance Company for leave to file a brief as amicus curiae granted. Motion of Association of California Life and Health Insurance Companies for leave to file a brief as amicus curiae granted. Motion of American Council of Life Insur- ance, 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. No. 971985. Ellis E. Neder, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit granted limited to the following questions: 1. Whether the trial court's failure to instruct the jury on the materiality element in this case was harmless error because materiality was not in dispute at trial. 2. Whether materiality is an element of the crimes set forth in the federal mail fraud (18 U. S. C. Section 1341), wire fraud (18 U. S. C. Section 1343), and bank fraud (18 U. S. C. Section 1344) statutes.

Certiorari Denied

No. 971947. Beverly Community Hospital Association, dba Beverly Hospital, et al., Petitioners v. S. Kimberly Belshe, Director, California Department of Health Services, et al.; No. 971949. Richard Gilmore,

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TUESDAY, OCTOBER 13, 1998 181 et al., Petitioners v. Donna E. Shalala, Secretary of Health and Human Services, et al.; and No. 972079. California Ambulance Association, et al., Petitioners v. S. Kimberly Belshe, Director of the California Department of Health Services, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 971994. Frank D. Newton, et ux., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 972029. Paramount Health Systems, Inc., Personally and on Behalf of All Persons Similarly Situated, et al., Petitioners v. Robert W. Wright, Director, Illinois Department of Public Aid, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 979054. James Paul Collier, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 979626. Guy Tobias LeGrande, Petitioner v. Michael F. Easley, Attorney General of North Carolina. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 9824. Mitzi Baker, Petitioner v. William J. Henderson, Postmas- ter General. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 9850. Keweenaw Bay Indian Community, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 9874. Joseph Teague, et ux., et al., Petitioners v. James O. Bak- ker, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 9898. Terry L. Stewart, Director, Arizona Department of Cor- rections, et al., Petitioners v. Bernard Smith. Petition for writ of certio- rari to the United States Court of Appeals for the Ninth Circuit denied. No. 98102. Pete Lien & Sons, Inc., dba Colorado Lien Company, Petitioner v. Board of County Commissioners of the County of Larimer, et al. Petition for writ of certiorari to the Court of Appeals of Colo- rado denied. No. 98130. United States, Petitioner v. Continental Airlines, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

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182 TUESDAY, OCTOBER 13, 1998 No. 98154. Penny Moore, Petitioner v. Board of Education of the Johnson City Schools, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 98179. Panduit Corporation, Petitioner v. Thomas & Betts Cor- poration, and Thomas & Betts Holdings, Inc. Petition for writ of certio- rari to the United States Court of Appeals for the Seventh Circuit denied. No. 98181. Andrew Leo Lopez, Petitioner v. Mark Shapiro, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 98189. Stephane Bourcier De Carbon, et al., Petitioners v. Gen- eral Motors Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98198. Joseph F. Whelan, et al., Petitioners v. Merrell Dow Pharmaceuticals, Inc. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 98201. Patricia Koch, et al., Petitioners v. George W. James, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 98215. Andrea Heller, Petitioner v. Fortis Benefits Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 98219. Leo Fries, Petitioner v. Richard J. Helsper, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 98228. Dan C. Frisard, Petitioner v. Cynthia Traina. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 98229. Futura Development of Puerto Rico, Inc., Petitioner v. Estado Libre Asociado de Puerto Rico, et al. Petition for writ of certio- rari to the United States Court of Appeals for the First Circuit denied. No. 98230. Aetna Life Insurance Company, Petitioner v. Sherrie Ace. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 98232. Harry J. Coughin, Jr., Petitioner v. City of Birmingham. Petition for writ of certiorari to the Circuit Court of Alabama, Jeffer- son County, denied.

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TUESDAY, OCTOBER 13, 1998 183 No. 98244. Repeat-O-Type Stencil Manufacturing Corporation, Petitioner v. Hewlett-Packard Company. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98253. Cooksey Brothers Disposal Company, Inc., Petitioner v. Boyd County. Petition for writ of certiorari to the Court of Appeals of Kentucky denied. No. 98255. Ronald B. Paul, Petitioner v. Farmland Industries, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 98256. Timothy D. Saltsman, et al., Petitioners v. Dawn Camp- bell, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 98261. Stanley Ma, et al., Petitioners v. Charles W. Brown, et ux. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98265. 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. 98267. Daniel Hoeings, aka Daniel Hoins, etc., et al., Petitioners v. Adams County, et al. Petition for writ of certiorari to the Supreme Court of Nebraska denied. No. 98269. James P. Davis, et al., Petitioners v. United States Fidel- ity and Guaranty Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 98271. Certain Underwriters at Lloyd's, London, et al., Peti- tioners v. Indiana Gas Company, Inc., et al. Petition for writ of certio- rari to the United States Court of Appeals for the Seventh Circuit denied. No. 98273. Phil Berg, Petitioner v. Louis B. Kozloff. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Middle Dis- trict, denied. No. 98274. Don R. Tyler, Petitioner v. Lawton Chiles, Governor of Florida, et al. Petition for writ of certiorari to the District Court of Appeal of Florida, Second District, denied. No. 98278. John R. Kirwan, et ux., et al., Petitioners v. CIGNA Settling Defendants. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

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184 TUESDAY, OCTOBER 13, 1998 No. 98280. Alice R. Lane, etc., 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. 98282. John S. Tamagni, et al., Petitioners v. Tax Appeals Tri- bunal of New York, et al. Petition for writ of certiorari to the Court of Appeals of New York denied. No. 98287. John M. Shanklin, Petitioner v. Securities and Exchange Commission. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 98293. Mariano A. Favis, Jr., Petitioner v. Napa State Hospital, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 98294. Duane Flesch, Petitioner v. Charles Wranosky. Petition for writ of certiorari to the Court of Appeals of Wisconsin, District III, denied. No. 98297. Katherine R. Napleton, Not Individually, but as Trustee under the Katherine R. Napleton Revocable Self-Declaration of Trust dated October 1, 1992, Petitioner v. General Motors Corporation. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 98302. Airborne Freight Corporation, dba Airborne Express, Petitioner v. John M. Kelley. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 98311. Islander East Rental Program and J. Ray Riley, Peti- tioners v. Lowry Barfield, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 98319. Carlos Obregon, et ux., Petitioners v. Allstate Insurance Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98323. Shong-Ching Tong, Petitioner v. James McMahon, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98343. Phillip N. Norland, II, Petitioner v. Grinnell Mutual Reinsurance Company, etc., et al. Petition for writ of certiorari to the Supreme Court of Iowa denied. No. 98375. Nicole Allen Vers, An Incompetent, By Her Discharged Permanent Conservator and Guardian Ad Litem, Joseph Vers, et al., 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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TUESDAY, OCTOBER 13, 1998 185 No. 98416. NSBD, dba Fairlane Town Center, Petitioner v. Na- tional Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 98420. Antonino Aiello, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 98427. Chicago Milwaukee Corporation, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 98435. Electronic Engineering Company, 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. 985001. Michael Benson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985094. Ronald Anthony Jones, Petitioner v. California. Peti- tion for writ of certiorari to the Supreme Court of California denied. No. 985134. Perry A. Cribbs, Petitioner v. Tennessee. Petition for writ of certiorari to the Supreme Court of Tennessee, Western Divi- sion, denied. No. 985139. Kevin Crockett, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 985146. Tyreesh White, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985209. Jeffrey Dillingham, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 985212. James Otto Earhart, 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. 985316. Samuel Clark Gallamore, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

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186 TUESDAY, OCTOBER 13, 1998 No. 985439. Darryl A. Abbington, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985475. Elmer Ken Rogers, Petitioner v. Louisiana. Petition for writ of certiorari to the Court of Appeal of Louisiana, Second Cir- cuit, denied. No. 985479. Launeil Sanders, Petitioner v. Carol M. Browner, Ad- ministrator, Environmental Protection Agency, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985480. Harry E. Siegrist, Petitioner v. Augustine Iwuagwa. Petition for writ of certiorari to the Court of Appeals of Georgia denied. No. 985484. Edna M. Pickett, Petitioner v. Wal-Mart Stores, Inc., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. No. 985485. Richard Fabian, Petitioner v. Metropolitan Dade County, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985486. Jose Andrade Diaz, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 985487. John W. Duvall, Petitioner v. Dan Reynolds, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 985503. Norris Virgil Lee, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appel- late District, denied. No. 985504. Charles L. Novosad, Jr., Petitioner v. New Mexico Board of Medical Examiners, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 985505. Dayral T. Nathan, Petitioner v. Roger Cook, Superin- tendent, South Mississippi Correctional Institution, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985508. Robert J. Chrispen, Petitioner v. Kenneth C. Jenne, II, Sheriff, Broward County, Florida, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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TUESDAY, OCTOBER 13, 1998 187 No. 985514. Ronald Dean Lowe, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. No. 985516. Robert Simpson, 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. 985518. Luis Rivera, Petitioner v. Massachusetts. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied. No. 985520. Richard Vieira, Petitioner v. Arthur Calderon, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 985521. Timothy Trainor, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Third District, denied. No. 985533. Mark S. Neuman, Petitioner v. William C. Duncil, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. No. 985542. Mark St. Clair, Petitioner v. Norman Hodges, District Judge, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 985546. Raymond Jemzura, Petitioner v. Carl J. Mugglin, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 985547. Joel Brown, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. No. 985550. Eddie James Miller, Petitioner v. Hays State Prison, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. No. 985557. Charles A. Dread, Petitioner v. Maryland State Police. Petition for writ of certiorari to the Court of Special Appeals of Mary- land denied. No. 985568. Raymond Singleton, Petitioner v. Brenda Lewis, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985571. Lawrence Earl Ray, Petitioner v. Trustees and Officers of the Cherry Chapel UM Church. Petition for writ of certiorari to the Supreme Court of Texas denied.

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188 TUESDAY, OCTOBER 13, 1998 No. 985579. Ronnie Johnson, Petitioner v. Paul Coggins, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985582. Leonard Yancey, Petitioner v. Malcolm Glazer, et al. Petition for writ of certiorari to the Court of Appeals of Ohio, Mont- gomery County, denied. No. 985587. James R. Johnson, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. No. 985588. Floyd William Marr, Petitioner v. Washington. Petition for writ of certiorari to the Court of Appeals of Washington, Division 2, denied. No. 985589. Robert Lee Norris, 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. 985593. Earl Bruce Roland, Petitioner v. Texas. Petition for writ of certiorari to the Supreme Court of Texas denied. No. 985594. Brenda Perry, Petitioner v. John Patrick Goodin, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985596. Elmo Humphrey, III, Petitioner v. Burl Cain, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985601. Sulaiman A. Rashid, Petitioner v. Kathleen M. Hawk, Director, Federal Bureau of Prisons, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985602. Vincent Faustino Rivera, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Second District, denied. No. 985603. Terry Lee Harris, Petitioner v. John M. King, et al. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. No. 985605. Bal Dev Enand, Petitioner v. M. Abraham Ahmad, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985608. Maxine Grady, Petitioner v. Affiliated Central, Inc. Pe- tition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

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TUESDAY, OCTOBER 13, 1998 189 No. 985609. Shirley A. Tyus, Petitioner v. B & G Packaging. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 985611. Virgil Cochran, Petitioner v. Martha D. Nelson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985621. Marvallous Keene, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 985622. Christopher Hugh Lucas, Petitioner v. Nelson Brinson, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985627. Michael Bardo, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern Dis- trict, denied. No. 985629. James E. Cornell, Petitioner v. Betty J. Mitchell, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 985630. Gerry Ranson, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 985634. Xuan Huynh, Petitioner v. Forte Airport Services, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 985638. Tommy J. Hamilton, 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. 985643. Carl Schuder, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Second District, denied. No. 985645. Juan Manuel Gonzalez, 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. 985647. Johnny R. Crawford, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 985648. Ronald Alexander, Petitioner v. Cheryl K. Pliler, 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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190 TUESDAY, OCTOBER 13, 1998 No. 985649. William Abegglen, 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. 985652. Ronald Foster, Petitioner v. Cuyahoga County Board of Commissioners, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985657. Ronald K. Thomas, Petitioner v. Louisiana Department of Labor, et al. Petition for writ of certiorari to the Supreme Court of Louisiana denied. No. 985658. William Hachmeister, Petitioner v. Hawaii. Petition for writ of certiorari to the Supreme Court of Hawaii denied. No. 985659. Arzella A. Cordle, Petitioner v. Square D Company, et al. Petition for writ of certiorari to the Court of Appeals of Kentucky denied. No. 985661. John D. Gann, Petitioner v. Steven Cambra, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 985667. Kevin B. Gunnell, Petitioner v. Alan Lazaroff, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985668. Marvin Lee Hill, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Fifth District, denied. No. 985684. William J. Cerveniak, Petitioner v. Dennis A. Baker, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985691. Mathew E. Mason, Petitioner v. Anthony J. Brigano, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985699. Scott Lee Tinsley, Petitioner v. Michael J. O'Dea, III, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985710. Favis Clay Martin, Petitioner v. D. B. McElvaney, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985727. Demetrius Knuckles-El, Petitioner v. Gary Ordiway. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

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TUESDAY, OCTOBER 13, 1998 191 No. 985729. Jeffrey D. Mann, Petitioner v. James Schotten, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985732. Ronald W. Pugh, Petitioner v. Department of Veterans Affairs. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 985733. Theo Ervin Williams, Petitioner v. Robert Borg, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 985743. Lucia Cuterez Morales, Petitioner v. Immigration and Naturalization Service. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985764. John Perotti, Petitioner v. Dennis Baker, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985791. 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. 985805. William Smith, Petitioner v. Ernest C. Roe, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 985821. Robert E. Tubwell, Petitioner v. Gray Evans. Petition for writ of certiorari to the Supreme Court of Mississippi denied. No. 985828. Boyce L. Dempsey, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985836. Neil Edgar Beachem, Petitioner v. Dora B. Schriro, Director, Missouri Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 985837. Bernard Ray Richardson, Petitioner v. Virginia De- partment of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985840. Lynn Hatcher Sanders, Petitioner v. Wendy Hobbs, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985843. Robert Alan Hecker, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fourth Ap- pellate District, denied.

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192 TUESDAY, OCTOBER 13, 1998 No. 985852. John T. Arkadile, Petitioner v. Paul C. Worthington, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985862. Victor K. Thomas, Petitioner v. George Bartlett, Superintendent, Elmira Correctional Facility. Petition for writ of cer- tiorari to the United States Court of Appeals for the Second Circuit denied. No. 985871. Reynell A. H. Lynch, Petitioner v. Pathmark Super- markets. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 985873. Damion E. Johnson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 985877. Raymond Perez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 985883. Manley Cargill, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985885. Robert L. Belcher, 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. 985888. Steven A. Forsythe, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 985900. Mack Lee Nichols, Petitioner v. Martin McDade, Superintendent, Harnett Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Cir- cuit denied. No. 985901. Martin Lewin, Petitioner v. Charles E. Thompson, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985906. Fayaz Anjum, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985908. Nancy Louise Stephens, Petitioner v. Robert E. Rubin, Secretary of the Treasury. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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TUESDAY, OCTOBER 13, 1998 193 No. 985910. Sampath Kumaran, Petitioner v. Town of Cicero, Illi- nois. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. No. 985913. Adrian Perkins, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985915. Ralphael Okoro, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 985916. Barbara Ann Parker, Petitioner v. Department of Jus- tice, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985918. Demetrius L. McCullers, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985920. Ronald Lee Jones and Jackie McGeorge, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985924. Norberto Martinez, aka Steven Martinez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 985926. Louis Burrous, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 985927. Emanuel Brown, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985928. Benjamin Acoba, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Armed Forces denied. No. 985932. Charles W. Blackburn, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 985933. Eric A. Clark, I, Petitioner v. William J. Henderson, Postmaster General, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985935. Ricky Carter, 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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194 TUESDAY, OCTOBER 13, 1998 No. 985937. Gary F. Carter, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985938. Gregory Eugene August, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985943. Juan Carlos Parra-Rios, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985945. Leo Contrera, Petitioner v. United States; No. 985950. David Mora, Petitioner v. United States; and No. 985993. William Fabian Mora, aka Will, aka Little Will, Peti- tioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 985946. John Glenn Moody, 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. 985947. Akram Lewal, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 985949. Jesus Lopez-Lopez, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985955. Charles Bacon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985956. Luis Cotto, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 985957. James A. Norris, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985961. Leamon L. Tatum, Petitioner v. Correctional Medical Systems, et al. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied. No. 985962. Maurice Tyler, 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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TUESDAY, OCTOBER 13, 1998 195 No. 985964. Darwin S. Rice, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985971. Anthony J. Gantt, aka Fats, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 985972. Cindy Grant-Chase, Petitioner v. Henry Risley, 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. 985974. Michael Ray Hicks, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 985975. Hugo Garcia, aka Carlos, aka Profe, aka Professor, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 985978. John Luis Berry, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985990. Benjamin F. Sallee, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 985998. James Charles Abbott, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 986002. Mark Dale Viscome, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986006. Juan H. Lomeli, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 986014. John Rees, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 986015. Brian Keith Spratt, 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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196 TUESDAY, OCTOBER 13, 1998 No. 986029. Charles M. Murphy, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 986030. Jose Isabel Mansanares, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 986033. Harry Lee Michelsen, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 986036. Lee Roy Parker, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986044. Kevin Leon Bassham, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 986045. Armando Lisasuain, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 986046. Robert A. Lavigne, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986048. Ernesto Cirilo-Munoz, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 986052. Richard B. Simmons, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986054. Equinees Boyles, Petitioner v. Wisconsin. Petition for writ of certiorari to the Court of Appeals of Wisconsin, District III, denied. No. 986056. Travis Bullington, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 986059. David Spencer, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 986068. Ricardo Burciaga-Jimenez, 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 13, 1998 197 No. 986085. Charles A. Trobaugh, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 971688. Colorado, Petitioner v. Mario Romero. Motion of re- spondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the Supreme Court of Colorado denied. No. 971940. Arthur Calderon, Warden, Petitioner v. Robert Cruz McLain. 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. 9855. Burl Cain, Warden, Petitioner v. Elmo Humphrey, III. 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 Fifth Circuit denied. No. 98203. North Carolina, Petitioner v. Richard Allen Jackson. Motion of respondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the Supreme Court of North Caro- lina denied. No. 971779. Alan Richards, et al., Petitioners v. Lloyd's of London, et al. Motion of North American Securities Administrators Association, 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 Ninth Cir- cuit denied. Justice Breyer took no part in the consideration or decision of this motion and this petition. No. 971795. Equality Foundation of Greater Cincinnati, Inc., et al., Petitioners v. City of Cincinnati, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. Opin- ion by Justice Stevens, with whom Justice Souter and Justice Ginsburg join, respecting the denial of the petition for writ of certiorari. No. 98245. Howmedica, Inc., Petitioner v. George E. Elbert. Motion of Pharmaceutical Research and Manufacturers 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 Ninth Circuit denied. Justice O'Connor took no part in the consideration or decision of this motion and this petition. No. 98286. Burton L. Fish, Petitioner v. Marsh, Spaeder, Baur, Spaeder & Schaaf, et al. Motion of petitioner to disqualify counsel and other relief denied. Petition for writ of certiorari to the Superior Court of Pennsylvania, Pittsburgh Office, denied.

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198 TUESDAY, OCTOBER 13, 1998 No. 985410. William D. Elledge, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. Dissenting opinion by Justice Breyer.

Habeas Corpus Denied No. 985917. In Re David L. McDermott, Petitioner; No. 985923. In Re Phillip C. Meloncon, Petitioner; No. 985951. In Re Brett C. Kimberlin, Petitioner; No. 985982. In Re Bernard Lee Hamilton, Petitioner; No. 986004. In Re Keith B. Webb, aka Keith B. Webb-El, Petitioner; No. 986007. In Re Charles King, Jr., Petitioner; No. 986072. In Re David Cantrell, Petitioner; and No. 986075. In Re Ralphael Okoro, Petitioner. Petitions for writs of habeas corpus denied.

Mandamus Denied No. 985895. In Re James M. DeBardeleben, Petitioner. Petition for writ of mandamus denied.

Attorney Discipline No. D1961. In the Matter of Disbarment of Michael Harris Weisser. Motion to defer consideration granted. No. D1977. In the Matter of Disbarment of Paul Duane Priamos. Disbarment order entered. No. D1984. In the Matter of Disbarment of Richard LeRoy Turner. Disbarment order entered. No. D1985. In the Matter of Disbarment of Richard John Drew. Disbarment order entered. No. D1986. In the Matter of Disbarment of Obie Pinckney, Jr. Dis- barment order entered. No. D1996. In the Matter of Disbarment of Harold L. Braxton. Har- old L. Braxton, of Miami, 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. D1997. In the Matter of Disbarment of Steven M. Kramer. Ste- ven M. Kramer, of New York, New York, is suspended from the prac- tice of law in this Court, and a rule will issue, returnable within 40

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TUESDAY, OCTOBER 13, 1998 199 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. 81998. In the Matter of Disbarment of Richard D. Torpy. Rich- ard D. Torpy, 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. D1999. In the Matter of Disbarment of Raymundo Campos Quiroz. Raymundo Campos Quiroz, of Los Angeles, 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. D2000. In the Matter of Disbarment of Donald Wilson Henry. Donald Wilson Henry, of Woodland 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. No. D2001. In the Matter of Disbarment of James L. Lalime. James L. Lalime, of Williamsville, 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 19, 1998, until Monday, November 2, 1998.

Admissions to the Bar on Written Motions Applicant City and State Movant John A. Anderson, Jr. Convent Station, William Aloysius NJ Cahill, Jr. Frank A. Angileri Birmingham, MI Kevin John Heinl Cheryl Axley Mount Prospect, Joanne Elliott IL Pastorello James McLean Ayers, II New Bern, NC Gary Hamilton Clemmons Elizabeth Denise Baker Frankfort, KY Louis Franklin Mathias, Jr. William L. Baskette San Antonio, TX Andrew Dominick Thomas

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200 TUESDAY, OCTOBER 13, 1998

Applicant City and State Movant James William Bates Glendale, CA Denis Michael O'Rourke Thomas Carl Baudler Austin, MN Judge Robert R. Benson Lawrence E. Bechler Madison, WI Robert B. L. Murphy Charles Marchand Bonneau, Sacramento, CA Jay-Allen Eisen Jr. Karyn A. Booth Washington, DC Frederic Loring Wood Mary Alice Brennan Drexel Hill, PA Joseph Bernard Van Wyk Edward Franklin Britton, Topeka, KS Timothy George Jr. Madden Jerry Duane Brown Chicago, IL Robert L. Shuftan David Scott Clark Oak Ridge, TN Robert Warren Wilkinson Bret Shawn Clark Miami, FL Mark A. Dienstag Andrew Bruce Cohen Durham, NC Jonathan Drew Sasser Charles M. Cork, III Macon, GA W. Warren Plowden, Jr. Wm. Bruce Day Kansas City, MO John Joseph Kitchin William Drummond Atlanta, GA Nancy F. Deveney Reynolds Daniel John Donnellon Cincinnati, OH James Eugene Burke, III Michael Wayne Eady Austin, TX Bill D. Fountain Arnold Bradley Fagg Washington, DC Peter Buscemi Dana Johannes Finberg Richmond, VA Judge Robert Elkin Payne Mark Hazen Floyd Houston, TX Edith Dinneen Hakola Meagan Aileen Flynn Portland, OR Robert K. Udziela William Simson Freeman Hillsborough, CA Frederick David Baron Amber McLaughlin Gill Enid, OK Stephen Jones Harriet A. Gilliam Riverhead, NY Mona N. Glanzer

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TUESDAY, OCTOBER 13, 1998 201

Applicant City and State Movant Robert Tyler Goodwyn, IV Alexandria, VA Edgar Hough Martin Timothy A. Gutknecht Columbia, IL Floyd E. Crowder Sandra Young Harris Pine Bluff, AR Jesse L. Kearney Steven R. Harris White Plains, NY Joseph Termini James C. Heathman Topeka, KS James M. Concannon, III Namyr I. San Juan, PR Luis Hernandez-Sanchez Berrios-Amadeo Kelly K. Hook Hill Little Rock, AR Joseph Vincent Svoboda Mary J. Huber Atlanta, GA Weyman T. Johnson, Jr. Eugene Hunt Pine Bluff, AR Jack Allison McNulty Marvin L. Kaiser Williston, ND Paul Francis Richard Jack A. Kanz Richardson, TX Jerry Robin Selinger Jeffrey B. Kent Atlanta, GA Nancy F. Reynolds Scott B. Kidman Los Angeles, CA Eric John Emanuel David R. Klaassen Marquette, KS William Dean Owens Paul L. Kleinbaum Yardley, PA James R. Zazzali Michelle L. Kranz Toledo, OH Jeffrey M. Gamso Rita Carol LaLumia Albuquerque, NM Joseph William Gandert Charles Edwin Lykes, Jr. Clearwater, FL Daniel M. Hernandez Heather Anne MacKenzie Winston-Salem, Bertram Ervin NC Brown, II Ignacio D. Maramba, Jr. Chicago, IL James John Grogan Douglas R. Marek Ames, IA Gordon Eugene Allen Lonnie Kay Martens West Palm Beach, Judge Timohty P. FL McCarthy

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202 TUESDAY, OCTOBER 13, 1998

Applicant City and State Movant Gary Ray McColery Athens, GA Buddy Michael Mears Michael T. McConnell Denver, CO Thomas Harrold Shipps Francis J. McNamara, III East Northport, Frank Gulino NY Lisa Anne Mendoza Topeka, KS Timothy George Madden Joseph Scott Miller Chicago, IL Constantine L. Trela, Jr. Lee I. Miller Chicago, IL William J. Campbell, Jr. Dwight L. Miller Topeka, KS Joseph DeWitt Johnson Teresa Thomas Milton Alexandria, VA Gary Ross Allen James Maxwell Moody, Jr. Little Rock, AR Alston Jennings Anne D. Noto University Park, William R. Perry MD Edward H. O'Hare Newark, NJ James R. Zazzali Gayle Edward Oler Dallas, TX Tom M. Cain, Jr. Peter R. Olson Cartersville, GA Frank E. Jenkins, III Jerold M. Peven Chicago, IL Edward S. Weil Frank Dennis Pond San Francisco, CA Michael Wayne Lodwick Carolyn Smith Pravlik Washington, DC Bruce J. Terris Lorna M. Colon Rivera San Juan, PR Charles A. Cordero Teresa Wynn Roseborough Atlanta, GA Honorable John Paul Stevens, Associate Justice of the Supreme Court James W. Runcie Starksboro, VT Peter Forbes Langrock Daniel J. Schneider Poughkeepsie, NY Stephen J. Gaba Katherine A. Schultz Charleston, WV Barbara H. Fleisher Leigh R. Shinohara West Palm Beach, Russell S. Bohn FL Lisa J. Steele Clinton, MA Herbert L. Chabot

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TUESDAY, OCTOBER 13, 1998 203

Applicant City and State Movant William Pendleton Swain Louisville, KY Raymond Gray Smith Daniel Ralph Tompkins, III Roswell, GA Jennifer McLeod Jason C. Wagner Oklahoma City, Gayla I. Jones OK Elaine W. Wallace Oakland, CA Mark Jeffrey Bredemeier Raymond Peter Ward New Orleans, LA Robert E. Winn Bobby Keith Williams Lebanon, TN James Oscar Bond David H. Yun Denver, CO Joseph Cabello Jaudon, Jr.

Admissions to the Bar on Oral Motions Applicant City and State Movant Elise Freeman Crosby Georgetown, SC Honorable J. Strom Thurmond Joe Michael Crosby Georgetown, SC Honorable J. Strom Thurmond Kevin F. Arthur Baltimore, MD John Augustine Bourgeois Edward Kronman Newman New Orleans, LA Jordan Miles Newman Clinton Russell Pinyan Arlington, VA Sophia Colleen Koontz Pinyan Jessica Anne Watson San Diego, CA William Hays McAdam, Jr. Laurence N. Bourne Arlington, VA David H. Solomon Paula Rae Silberthau Washington, DC David H. Solomon Suzanne M. Tetreault Vienna, VA David H. Solomon K. Michele Walters Oklahoma City, David H. Solomon OK Richard Kiser Welch Falls Church, VA David H. Solomon Randall Keith Hunter Montgomery, AL Hugo M. Pfaltz, Jr. Hubert Maiden Palm Desert, CA Hugo M. Pfaltz, Jr. Matthew Thornton Adams Washington, DC Hugo M. Pfaltz, Jr. Edison Warner Dick Washington, DC Hugo M. Pfaltz, Jr. Arthur E. Klauser Washington, DC Hugo M. Pfaltz, Jr. Lloyd Tait Whitaker Atlanta, GA Hugo M. Pfaltz, Jr.

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204 TUESDAY, OCTOBER 13, 1998

Applicant City and State Movant Allan J. Carew Dubuque, IA Hugo M. Pfaltz, Jr. Louis W. Riethmann, Jr. St. Louis, MO Hugo M. Pfaltz, Jr. Herbert S. Glickman Newark, NJ Hugo M. Pfaltz, Jr. Richard T. Rice Winston-Salem, Hugo M. Pfaltz, Jr. NC Eugene Phillip Elsass Sidney, OH Hugo M. Pfaltz, Jr. Herbert Ernst, Jr. Dayton, OH Hugo M. Pfaltz, Jr. John J. Finan, Jr. Pawtucket, RI Hugo M. Pfaltz, Jr. Karen Gail Chinn Wong Seattle, WA Hugo M. Pfaltz, Jr.

Oral Arguments 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.; No. 97830. Association for Local Telecommunications Services, et al., Petitioner 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. Two hours allotted for oral argument. Argued by Mr. Seth P. Waxman for the federal petitioners, by Mr. Bruce J. Ennis, Jr., for the private petition- ers, by Ms. Diane Munns for the state commission respondents, by Mr. Laurence H. Tribe for the private respondents, by Mr. William P. Barr for the cross-petitioners/respondents, by Mr. Seth P. Waxman for the federal cross-respondents/petitioners, and by Mr. David W. Carpenter for the private cross-respondents/petitioners.

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

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(JOURNAL) WEDNESDAY, OCTOBER 14, 1998 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.

Admissions to the Bar on Oral Motions Applicant City and State Movant Margaret Witherup Tindall Baltimore, MD Judge Lawrence Robert Daniel Francis X. Borgerding, Jr. Towson, MD Judge Lawrence Robert Daniel Alan Royce Lee Bussard Towson, MD Judge Lawrence Robert Daniel Edward A. DeWaters, Jr. Towson, MD Judge Lawrence Robert Daniel Carl R. Gold Towson, MD Judge Lawrence Robert Daniel John O. Hennegan Towson, MD Judge Lawrence Robert Daniel C. Larry Hofmeister, Jr. Baltimore, MD Judge Lawrence Robert Daniel Michael Louis Jeffers Baltimore, MD Judge Lawrence Robert Daniel Dennis W. King Towson, MD Judge Lawrence Robert Daniel Timothy Michael Kotroco Baltimore, MD Judge Lawrence Robert Daniel Glen Duncan Lazzaro Baltimore, MD Judge Lawrence Robert Daniel Patrick Erney Maher Towson, MD Judge Lawrence Robert Daniel Martin Edwards Marvel Towson, MD Judge Lawrence Robert Daniel John Paul Rufe Hunt Valley, MD Judge Lawrence Robert Daniel Lawrence Eugene Schmidt Towson, MD Judge Lawrence Robert Daniel Debra A. Sober Baltimore, MD Judge Lawrence Robert Daniel

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206 WEDNESDAY, OCTOBER 14, 1998

Applicant City and State Movant Alexandra Nichols Williams Towson, MD Judge Lawrence Robert Daniel Dana Owen Williams Towson, MD Judge Lawrence Robert Daniel Thomas M. Quinn, III Fall River, MA Cynthia June Rapp James Sylvester Slavin Shrewsbury, MA Cynthia June Rapp Elizabeth M. Roth Alameda, CA Douglas K. Spaulding Patrick Michael Broderick Santa Rosa, CA Douglas K. Spaulding

Oral Arguments No. 97930. Victoria Buckley, Secretary of State of Colorado, Peti- tioner v. American Constitutional Law Foundation, Inc., et al. Argued by Ms. Gale Norton for the petitioner and by Mr. Neil D. O'Toole for the respondents. No. 977213. Sylvester Mosley, Petitioner v. United States. Argued by Mr. Donald J. McCauley for the petitioner and by Mr. David C. Frederick for the respondent.

Adjourned until Monday, October 19, 1998, at 10 o'clock.

Order In Pending Case No. A289. Dwayne Allen Wright, Applicant 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. Justice Stevens and Justice Ginsburg would grant the application for stay of execution.

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(JOURNAL) MONDAY, OCTOBER 19, 1998 207 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice O'Connor, 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. A157. Kevin Mitnick, Applicant v. United States. Application for bail addressed to Justice Stevens and referred to the Court denied. No. A209. In Re James L. Martin, Applicant. Application for stay addressed to Justice Ginsburg and referred to the Court denied. No. 9885. James B. Hunt, Jr., Governor of North Carolina, et al., Appellants v. Martin Cromartie, et al. Motion of Alfred Smallwood, et al., for leave to intervene as appellants in this Court granted.

Certiorari Denied No. 979504. Paul John Korn, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 979577. Mark Anthony Evans, aka Mark Evans, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 9872. Stephen M. LaFontaine, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. No. 9888. Richard E. Fleshman, 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. 9891. Tracy Thorne, Petitioner v. Department of Defense, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 98103. Ghaith R. Pharaon, Petitioner v. Board of Governors of the Federal Reserve System. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 98135. David E. Morgan, Petitioner v. Commissioner of Inter- nal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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208 MONDAY, OCTOBER 19, 1998 No. 98137. Erica Resner and Mary Lou Resner, Petitioners v. Arc Mills, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 98209. Pamela Hertel Mers, Petitioner v. Marriott Interna- tional Group Accidental Death and Dismemberment Plan. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 98239. Hester Industries, Inc., Petitioner v. Stein, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 98275. Beauford D. Eddleton, Petitioner v. Board of Supervi- sors of Hanover County. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 98281. Absentee Shawnee Tribe of Oklahoma, Petitioner v. Citi- zen Band of Potawatomi Indian Tribe of Oklahoma. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 98284. James E. Hawthorne, Petitioner v. University of West Florida, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 98285. John Hammons, dba Full Circle Distributing, Petitioner v. Alcan Aluminum Corp., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98290. Marlboro Footworks, Ltd., Laurence D. Koplan, and Ste- ven Goldberg, Petitioners v. Aerogroup International, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 98291. Robert G. Morris, Petitioner v. Sandra L. Morris. Peti- tion for writ of certiorari to the Court of Appeals of Texas, Fourth District, denied. No. 98298. Bent Dietrich, Petitioner v. Patricia Chew, Individually and as Administratrix of the Estate of Daren Chew, Deceased, and William Chew. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 98317. Kim D. Sigsbey, Petitioner v. Merrill Hartman, Judge, 190th Judicial District of Texas, Dallas County. Petition for writ of certiorari to the Supreme Court of Texas denied. No. 98321. Sam F. Cole, Jr., Substitute Trustee, Estate of Prudence Reynolds, Deceased, et al., Petitioners v. Juanita Mitchell, Personal

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MONDAY, OCTOBER 19, 1998 209 Representative of the Estate of Billy Gwin Mitchell, Deceased. Petition for writ of certiorari to the Supreme Court of Tennessee, Western Division, denied. No. 98324. Joseph P. Mayer, III, et ux., Petitioners v. Allen, Mat- kins, Leck, Gamble & Mallory, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 98327. Kevin Mark Abela, Petitioner v. Michigan. Petition for writ of certiorari to the Court of Appeals of Michigan denied. No. 98329. Lorenzo Brandon, Petitioner v. Chicago Board of Educa- tion. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. No. 98331. Nathaniel Shafer, Petitioner v. Board of Regents of the State of New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Third Judicial Department, denied. No. 98333. George R. "Tex" Wood, Petitioner v. M. Bruce Meadows, Secretary, State Board of Elections of Virginia. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Cir- cuit denied. No. 98340. Charles E. McManama, Petitioner v. Raymond R. Bag- ley, Jr., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98341. James A. Hinchliffe, Petitioner v. Residential Portfolio Investment Group II. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadelphia Office, denied. No. 98354. Kyleen Fischer, Petitioner v. Florida Division of Elec- tions and Florida Elections Commission. Petition for writ of certiorari to the District Court of Appeal of Florida, First District, denied. No. 98356. Ralph D. Ray, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 98361. Castlewood, Inc., Petitioner v. Anderson County, et al. Petition for writ of certiorari to the Supreme Court of Tennessee, East- ern Division, denied. No. 98389. John Glavaris, et ux., et al., Petitioners v. Herbert J. Young, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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210 MONDAY, OCTOBER 19, 1998 No. 98428. Harold Samuel Wrobel, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98429. Palumbo Brothers, Inc., formerly doing business as Le- ninger Mid-States Paving Co., and as Palumbo Excavating Co., et al., Petitioners v. United States; and No. 98434. Daniel Ferrarini, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 98438. Mark K. Hedrick, Petitioner v. Kenneth S. Apfel, Com- missioner of Social Security. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 98442. Felix De La Cruz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 98458. Jon Harold Royal, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 98460. David Dean Millard, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 98461. Duane Jeleal Osbourne, aka Rocky, aka Duane Anthony Osbourne, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985167. Sonny Enraca, Petitioner v. Superior Court of Califor- nia, Riverside County. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. No. 985258. Richard A. Sherlock, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985269. Richard Allan Walker, Petitioner v. Nevada. Petition for writ of certiorari to the Supreme Court of Nevada denied. No. 985275. Walter Renshaw, Petitioner v. Nebraska. Petition for writ of certiorari to the Supreme Court of Nebraska denied. No. 985302. Martin Templeton Stockdale, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985333. Thomas Musca, Petitioner v. Frederick K. Frank, Superintendent, State Correctional Institution at Huntingdon, et al.

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MONDAY, OCTOBER 19, 1998 211 Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 985663. Michael Sean Edmond, Petitioner v. William Wilson, Jr., Warden, et al. Petition for writ of certiorari to the Court of Appeals of Colorado denied. No. 985664. Bobby M. Friend, Petitioner v. Arkansas. Petition for writ of certiorari to the Supreme Court of Arkansas denied. No. 985669. Joseph Edmond DeYonghe, Petitioner v. H. N. "Sonny" Scott, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 985670. Billy Holmes, aka Billy Richards, 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. 985676. Saladin Keyes, Petitioner v. Missouri. Petition for writ of certiorari to the Court of Appeals of Missouri, Eastern District, denied. No. 985679. Feldon Jackson, Jr., Petitioner v. John Shanks, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 985682. Felix Crespin, Petitioner v. New Mexico, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 985683. Michael Bankert, Petitioner v. John Shanks, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied. No. 985689. Thomas Napper, Petitioner v. R. J. Hardy, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985692. Herbert N. Kendrick, Petitioner v. Edward L. Cohn, Commissioner, Indiana Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Cir- cuit denied. No. 985694. Kerwin Fedale Wade, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Third Appel- late District, denied. No. 985695. Sylvester Mahone, Petitioner v. Washington. Petition for writ of certiorari to the Court of Appeals of Washington, Division 2, denied.

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212 MONDAY, OCTOBER 19, 1998 No. 985696. Mitchell McLeod, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 985697. Keven W. LeRette, 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. 985698. David James Wyatt, Petitioner v. City of Boston, Mas- sachusetts, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 985713. John A. Wright, Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections. Petition for writ of cer- tiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied. No. 985715. Rogaciano G. Mendoza, Petitioner v. Kenneth Du- Charme, Superintendent, Washington State Reformatory. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985717. Demetrius Knuckles-El, Petitioner v. Michael Koski- nen, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985721. Allen David Payrot, 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. 985722. Vincent F. Rivera, Petitioner v. Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985724. Lonnie Snelling, Petitioner v. Washington Apartments Limited Partnership, et al. Petition for writ of certiorari to the Court of Appeals of Missouri, Eastern District, denied. No. 985731. Louis Joe Truesdale, 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. 985735. Johnnie Mae Jones and Harvella Jones, Petitioners v. Shearn Smith, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985736. Joe Jordan, Petitioner v. George W. Bush, Governor of Texas, 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 19, 1998 213 No. 985737. Francisca Brodrick, 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. 985746. Letha Granberry, Petitioner v. Baptist Memorial Hos- pital. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 985747. Robert Elliott Goodlette, Petitioner v. S. Frank Thompson. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985749. James E. Flaherty, Petitioner v. National Marine Fish- eries Service, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 985752. Marilyn Hayes, Petitioner v. Palomar Pomerado Health System. Petition for writ of certiorari to the Court of Appeal of Califor- nia, Fourth Appellate District, denied. No. 985754. William Christopher Gregory, Petitioner v. North Car- olina. Petition for writ of certiorari to the Supreme Court of North Carolina denied. No. 985765. Frank Ramsey, 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. 985841. Daries Sherrills, 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. 985856. James Bryan Ortez, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Second District, denied. No. 985861. Coy R. Troutman, Petitioner v. Carl S. Anderson, War- den. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 985872. Wilma K. Lanaux, Petitioner v. Central New York Psy- chiatric Center. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 985909. Gary Moawad, Petitioner v. James V. Anderson, 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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214 MONDAY, OCTOBER 19, 1998 No. 985929. George W. Burkhardt, Petitioner v. Pennsylvania. Peti- tion for writ of certiorari to the Superior Court of Pennsylvania, Phila- delphia Office, denied. No. 985959. 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. 985966. Charles Ogden, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 985979. Marvin Brown, Petitioner v. Joe R. Williams, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied. No. 985996. Stuart L. Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 985997. Rickey Lavern Sheppard, Petitioner v. Larry Dean Long, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 986018. Kelvin Malone, Petitioner v. Daniel Vasquez, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied. No. 986025. Albert D. Byrd, Petitioner v. James Price, Superin- tendent, 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. 986031. Hy Thi Nguyen, Petitioner v. John Dalton, Secretary of the Navy. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986034. Rickey A. Lee, Petitioner v. James Gammon, Superin- tendent, Moberly Correction Center. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 986037. Carroll B. Stoianoff, Petitioner v. New York Times, et al. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied. No. 986041. Timothy Paul Martin, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

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MONDAY, OCTOBER 19, 1998 215 No. 986050. Tyrone Perez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 986055. Michael Curtis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 986060. Jackie Harrison Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986076. Charles Edward Sweeney, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 986080. Jose Angel Perez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986093. John Doe, Petitioner v. Towson State University. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986096. Michael Fisher, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 986098. Olabode Fashewe, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 986099. Jose Guerrero-Acosta, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986102. Michael S. Holmes, aka David Holmes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 986105. Bobby Jarrell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986107. Kevin Washington, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 986108. Catalino Zelaya, 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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216 MONDAY, OCTOBER 19, 1998 No. 986116. Maxine Brown, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 986117. Rosalio Calzoncinth, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986119. Tanesha Bolar, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986123. Robert Dwayne James, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 986128. Raul Montalvo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 986135. Robert James Wilson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986160. Sylvester Hutchinson and Cheryl A. Williams, Peti- tioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 971790. Michael Lawson and Edie Tucker, Petitioners v. Elrick Murray, et ux. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. Concurring opinion by Jus- tice Scalia. No. 98227. K. W. Prunty, Warden, et al., Petitioners v. Jaitsen J. Singh. 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.

Habeas Corpus Denied No. 986141. In Re Harold T. Milner, Petitioner; No. 986222. In Re Anthony Paul Mok, Petitioner; and No. 986230. In Re Richard Seddens, Petitioner. Petitions for writs of habeas corpus denied.

Mandamus Denied No. 985665. In Re Billy Holmes, aka Billy Richards, Petitioner; No. 985723. In Re Timothy Ray Schleeper, Petitioner; and

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MONDAY, OCTOBER 19, 1998 217 No. 985741. In Re Ronald Paul Clark, Petitioner. Petitions for writs of mandamus denied. No. 986047. In Re Eric A. Clark, Petitioner. Petition for writ of mandamus and/or prohibition denied.

Rehearing Denied No. 978932. Rajko Barbir, Petitioner v. Theo White, Warden. Peti- tion for rehearing denied.

Admission to the Bar on Written Motions Applicant City and State Movant John Roger Alcorn Irvine, CA David Hirson Summer Marie Barranco Fort Lauderdale, Richard Allen FL Giuffreda Julia Turner Baumhart Birmingham, MI Thomas G. Kienbaum Mark R. Beebe New Orleans, LA Thomas G. O'Brien Elaine Charlson Bredehoft Reston, VA Robert T. Hall Robert Alan Breithaupt Monroe, LA Jimmy N. Dimos Timothy Neal Callahan Seattle, WA Jon Marvin Jonsson Richard Mark Creel Naples, FL John E. Ryan Norton Cutler Denver, CO Lloyd N. Cutler Bruce Delaplaine Washington, DC Anthony Steven Murry Dennis C. Drury Troy, MI Steven N. Andrews Karen Kelly Grasso Akron, OH Robert M. Gippin Douglas Littman Greenfield Washington, DC John Miller West Matthew Dwight Haire Norman, OK Lee Ann Jones Peters Aaron Hancock Riverside, CA Peter J. Ferguson William L. Humes Oklahoma City, William A. OK Edmondson Theodore Henry Jobes Philadelphia, PA Abraham Charles Reich Michael T. Kokal Springfield, IL Richard Henry Mills William Brookover Lafferty Atlanta, GA Anthony Bartholomew Askew

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218 MONDAY, OCTOBER 19, 1998

Applicant City and State Movant Thomas Humphrey Memphis, TN Thomas L. Lawrence, III Henderson Ralph R. Loyd Huntington Beach, Gregory Bruce CA Beam Horace McClerklin Alexandria, VA Bobby B. Stafford Daniel M. McIntyre Cleveland, OH Robert M. Gippin Samuel C. McKnight Southfield, MI Roger James McClow William Francis Mills Tucson, AZ James Middleton Howard Andrew C. Moler Orlando, FL John Lewis Woodard, III Carlos Fernandez Nadal Ponce, PR Hector Mendez-Loucil Kimberly A. Newman Washington, DC William F. Young Eric Yoshiaki Nishizawa Los Angeles, CA Gideon Kanner Nancy Kay Oliver Fairhaven, MD Roger Gordon Weiner Jose L. Patino Dearborn, MI Daniel H. Bromberg Stephanie Resnick Philadelphia, PA Louis William Fryman Don J. Sixta Harrisburg, PA William Richard Balaban Denise P. Tomlinson Austin, TX Burrell Dean Johnston, Jr.

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

Craig M. Beard Memphis, TN Cynthia June Rapp Charles Alan Karcher Newark, NJ Michael D. Driscoll Christopher James New York, NY Michael D. Neumann Driscoll Gary J. Friedlander Norristown, PA Samuel Detwiler Miller, III Gregory R. Gifford North Wales, PA Samuel Detwiler Miller, III

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MONDAY, OCTOBER 19, 1998 219

Applicant City and State Movant Lewis Goodman Elkins Park, PA Samuel Detwiler Miller, III Dorothea Suzette Hall Norristown, PA Samuel Detwiler Miller, III Sherry L. Horowitz Bala Cynwyd, PA Samuel Detwiler Miller, III Lynne Kessler Lechter Norristown, PA Samuel Detwiler Miller, III Susan M Markofski Pottstown, PA Samuel Detwiler Miller, III Edward M. Mezvinsky Narberth, PA Samuel Detwiler Miller, III Gregory L. Nester Philadelphia, PA Samuel Detwiler Miller, III Charles W. Ormsby, Jr. Jenkintown, PA Samuel Detwiler Miller, III Kenneth A. Rubin Philadelphia, PA Samuel Detwiler Miller, III Ernest Sasso Blue Bell, PA Samuel Detwiler Miller, III Harold Semanoff Jenkintown, PA Samuel Detwiler Miller, III Amy Rosenthal Stern Philadelphia, PA Samuel Detwiler Miller, III Michael J. Torchia Jenkintown, PA Samuel Detwiler Miller, III Robert J. Vagnoni Norristown, PA Samuel Detwiler Miller, III Kelly C. Wall Norristown, PA Samuel Detwiler Miller, III Wendy Anne Grispin Danbury, CT Eva M. DeFranco Richard J. Kilcullen Danbury, CT Eva M. DeFranco Amy L. A. Klein Danbury, CT Eva M. DeFranco Gail Lovell New Milford, CT Eva M. DeFranco Jose V. Martinez Danbury, CT Eva M. DeFranco Henry H. Moy Danbury, CT Eva M. DeFranco Peter H. Ruvolo, III Danbury, CT Eva M. DeFranco Susan Willcox Danbury, CT Eva M. DeFranco Susan Bloch Marhoffer Ridgefield, CT Eva M. DeFranco

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220 MONDAY, OCTOBER 19, 1998

Applicant City and State Movant Katherine Shelton Washington, DC David Mario Broderick Joseph Johnson Herman R. Brown, Jr. Frederick, MD David Mario Joseph Johnson Gay Gellhorn Washington, DC David Mario Joseph Johnson Rosario C. Gingras Washington, DC David Mario Joseph Johnson Stevan Lieberman Takoma Park, MD David Mario Joseph Johnson Charles David Mayo Washington, DC David Mario Joseph Johnson Tyrone Mitchell Washington, DC David Mario Joseph Johnson Ann Bishop Richardson Washington, DC David Mario Joseph Johnson Edward J. Bush Opa Locka, FL David Mario Joseph Johnson Daniel Adlai Katz Washington, DC David Mario Joseph Johnson W. Charles Meltmar Washington, DC David Mario Joseph Johnson Michael J. Onifer, III Elkton, MD David Mario Joseph Johnson Rene Sandler Rockville, MD David Mario Joseph Johnson Stephen Alexander Rockville, MD David Mario Shechtel Joseph Johnson Dean Foster Stoline Gaithersburg, MD David Mario Joseph Johnson Robert Patrick Floyd, III Alexandria, VA David Mario Joseph Johnson Debora J. McCormick Takoma Park, MD David Mario Joseph Johnson David Alan Wolf Pittsburgh, PA David Mario Joseph Johnson

Adjourned until Monday, November 2, 1998, at 10 o'clock.

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MONDAY, OCTOBER 19, 1998 221 Certiorari Denied No. 986420. Ronald Lee Fitzgerald, Petitioner v. Fred 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) TUESDAY, OCTOBER 20, 1998 223 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. 986529. In Re Michael Poland, 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.

Order In Pending Case No. A326. Michael Kent Poland, Applicant v. Janet Reno, Attorney General, et al. Application for stay of execution of sentence of death presented to The Chief Justice and by him referred to the Court denied.

Certiorari Denied No. 986548. Michael Kent Poland, Petitioner v. Arizona. Applica- tion 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.

Order In Pending Case No. A330. Terry L. Stewart, Director, Arizona Department of Cor- rections, et al., Applicants v. Michael Poland. Application to vacate stay of execution of sentence of death entered by the United States District Court for the District of Arizona on October 20, 1998, presented to Justice O'Connor and by her referred to the Court denied.

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(JOURNAL) MONDAY, NOVEMBER 2, 1998 225 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. 9819. United States, Petitioner v. Danny Lynn Qualls. On peti- tion 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 consideration in light of Caron v. United States, 524 U. S. (1998).

Orders In Pending Cases No. M22. Robert Hermansen, Petitioner v. Utah, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M23. Victor J. Bravo, Petitioner v. Department of Veterans Affairs, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M24. David Edward Jirovec, Petitioner v. Tana Wood, Superin- tendent, Washington State Penitentiary. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M25. Eugene L. Putnam, Petitioner v. Sharlene Weatherbee, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time. No. M26. David Keanu Sai, et al., Petitioners v. United States, et al. Motion to direct the Clerk to file a motion for leave to file a bill of complaint denied. 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. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted.

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226 MONDAY, NOVEMBER 2, 1998 No. 97475. El Al Israel Airlines, Ltd., Petitioner v. Tsui Yuan Tseng. Motion of the Solicitor General for leave to file a supplemental brief as amicus curiae granted. No. 97843. Aurelia Davis, as Next Friend of LaShonda D., Peti- tioner v. Monroe County Board of Education, et al. Motion of petitioner to dispense with printing the joint appendix granted. No. 971337. Minnesota, et al., Petitioners v. Mille Lacs Band of Chippewa Indians, et al. Motion of respondents John W. Thompson, et al., for divided argument granted to be divided as follows: 20 minutes for Minnesota, and 10 minutes for respondents John W. Thompson, et al. Request for additional time for oral argument denied. Motion of the Solicitor General for divided argument granted. No. 971489. Your Home Visiting Nurse Services, Inc., Petitioner v. Donna E. Shalala, Secretary of Health and Human Services. Motion of Oklahoma Hospital Association, et al., for leave to file a brief as amici curiae out-of-time denied. No. 971709. Kumho Tire Company, Ltd., et al., Petitioners v. Pat- rick Carmichael, etc., et al. Motion of International Association of Arson Investigators for leave to file a brief as amicus curiae granted. Motion of National Academy of Forensic Engineers for leave to file a brief as amicus curiae granted. No. 978629. Eddie Richardson, Petitioner v. United States. Motion for appointment of counsel granted, and it is ordered that William A. Barnett, Jr., Esquire, of Chicago, Illinois, is appointed to serve as coun- sel for the petitioner in this case. No. 985864. Tommy David Strickler, Petitioner v. Fred W. Greene, Warden. Motion for appointment of counsel granted, and it is ordered that Barbara L. Hartung, Esq., of Richmond, Virginia, is appointed to serve as counsel for the petitioner in this case. No. 98404. Department of Commerce, et al., Appellants v. United States House of Representatives, et al.; and No. 98564. William Jefferson Clinton, President of the United States, et al., Appellants v. Matthew Glavin, et al. Motion of appellees for divided argument granted. No. 985530. In Re Ronald Dean Lowe, Petitioner. Motion of peti- tioner for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner is allowed until November 23, 1998, 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.

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MONDAY, NOVEMBER 2, 1998 227 No. 985681. In Re Ronald Dean Lowe, Petitioner. Motion of peti- tioner for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner is allowed until November 23, 1998, 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. 985778. Robert Earle Carr, Petitioner v. Janet Vera Carr. Mo- tion of petitioner for leave to proceed in forma pauperis denied. Peti- tioner is allowed until November 23, 1998, 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. 985816. David A. Iyegha, Petitioner v. United Airlines, Inc. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner is allowed until November 23, 1998, 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. 985919. In Re Ronald Dean Lowe, Petitioner. Motion of peti- tioner for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner is allowed until November 23, 1998, 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. 986024. Charol L. Stafford, et vir, Petitioners v. Charles O. Rossotti, Commissioner of Internal Revenue. Motion of petitioners for leave to proceed in forma pauperis denied. Petitioners are allowed until November 23, 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. 971909. Murphy Brothers., Inc., Petitioner v. Michetti Pipe Stringing, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit granted. No. 98208. Carole Kolstad, Petitioner v. American Dental Associa- tion. Petition for writ of certiorari to the United States Court of Ap- peals for the District of Columbia Circuit granted. No. 98369. National Aeronautics and Space Administration, etc., et al., Petitioners v. Federal Labor Relations Authority, et al. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit granted.

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228 MONDAY, NOVEMBER 2, 1998 No. 98377. Bruce A. Lehman, Commissioner of Patents and Trade- marks, Petitioner v. Mary E. Zurko, et al. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit granted. No. 98131. United States, Petitioner v. Sun-Diamond Growers of California. Motion of Public Citizen for leave to file a brief as amicus curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit granted limited to the following question: Is the requirement in 18 U. S. C. Sec. 201(c)(1)(A) that a thing of value be given "for or because of any official act" satisfied by a showing that the giving of a thing of value was motivated by the recipient's official position? No. 98347. William J. Clinton, President of the United States, et al., Petitioners v. James T. Goldsmith. Motion of National Institute of Military Justice for leave to file a brief as amicus curiae granted. Peti- tion for writ of certiorari to the United States Court of Appeals for the Armed Forces granted.

Certiorari Denied

No. 979442. Charles L. Tune, Petitioner v. Ricky Bell, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 9821. Merrill Lynch, Pierce, Fenner & Smith, Inc., et al., Peti- tioners v. Marcia M. Roubik. Petition for writ of certiorari to the Su- preme Court of Illinois denied. No. 9828. Carpenters Local 209, AFL-CIO, Petitioner v. Anheuser- Busch, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 9838. Paul W. Berger, et ux., Petitioners v. Cable News Net- work, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 9868. Cynthia M. Stoner, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 98145. Bankers Life and Casualty Company, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 98153. Kevin N. Flynn and Randy Wolfson, Petitioners v. City of Boston, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

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MONDAY, NOVEMBER 2, 1998 229 No. 98158. Elizabeth Taylor Grady, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 98172. Bering Strait School District, Petitioner v. United States, etc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98173. Adventure Resources, Incorporated, Petitioner v. Mi- chael H. Holland, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 98186. UMIC, Inc., and Alex Charles Denney, Petitioners v. Federal Deposit Insurance Corporation, as Manager of the FSLIC Res- olution Fund. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 98188. Alexis M. Herman, Secretary of Labor, Petitioner v. L. R. Willson & Sons, Incorporated. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 98194. Bonnie A. O'Neill, on Behalf of Herself and the Estate of Kerryn L. O'Neill, Deceased, and Edmund J. O'Neill, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 98197. Brian E. Routen, 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. 98199. Access Telecommunications, etc., Petitioner v. South- western Bell Telephone Company. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 98204. Mammoet Shipping B. V., et al., Petitioners v. Sky Ship- ping Ltd., et al.; No. 98353. Sky Shipping Ltd., Petitioner v. Mammoet Shipping B. V., et al. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 98211. Billy Joe Turlington, et ux., Petitioners v. Atlanta Gas Light Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 98217. Park Village Apartments, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 98224. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections, Petitioner v. Harold Snowden. Petition for writ of cer-

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230 MONDAY, NOVEMBER 2, 1998 tiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied. No. 98260. Ellen Byrd, et al., Petitioners v. Vic Cantu, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98263. Peter Tischmann, Petitioner v. ITT/Sheraton Corpora- tion. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied. No. 98307. Eugene Melody, Petitioner v. Borough of Eatontown, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 98312. Harry Benion, et ux., etc., Petitioners v. Bank One, Day- ton, N.A., et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 98314. Jim Mattson, Petitioner v. Thomas O. Schultz. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 98325. John Doe, Petitioner v. Berkeley Publishers, dba The Berkeley Independent. Petition for writ of certiorari to the Supreme Court of South Carolina denied. No. 98334. Maris Freed, fka Maris Friedlander, Petitioner v. Amer- ican Arbitration Association and Burton G. Friedlander. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 98335. Guy E. Hunnewell, Jr., Petitioner v. Maine. Petition for writ of certiorari to the Supreme Judicial Court of Maine denied. No. 98336. Joe B. Ritchey, Petitioner v. Upjohn Drug Company and William Dement. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98337. Pneumo Abex Corporation, et al., Petitioners v. High Point, Thomasville and Denton Railroad Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 98339. Gloria Kelley, Petitioner v. Kluger, Peretz, Kaplan and Berlin, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 98345. Richard T. Keever, Petitioner v. City of Middletown. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

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MONDAY, NOVEMBER 2, 1998 231 No. 98351. Burle B. Beard, Petitioner v. Dan Baum, et al. Petition for writ of certiorari to the Supreme Court of Alaska denied. No. 98355. Gwendolyn Wright, Petitioner v. Paul Frederiksen. Peti- tion for writ of certiorari to the Court of Appeals of Colorado denied. No. 98357. Roslyn Nadel, Petitioner v. Morristown Fire Depart- ment, et al. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. No. 98358. Reliance Insurance Co., Petitioner v. U. S. Bank of Washington, N. A. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98359. Barney Doyle, et al., Petitioners v. BellSouth Communi- cations Systems, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 98360. Robert Chambers, et al., Petitioners v. Ohio Depart- ment of Human Services, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 98362. Heartsprings, Inc., Petitioner v. Heartspring, Inc., aka Institute of Logopedics, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 98364. American Dental Association, Petitioner v. Carole Kols- tad. Petition for writ of certiorari to the United States Court of Ap- peals for the District of Columbia Circuit denied. No. 98368. Denise Ladson, Petitioner v. Anthony Ladson, Sr. Peti- tion for writ of certiorari to the Appellate Court of Illinois, First Dis- trict, denied. No. 98372. Sofia E. Fowler, Petitioner v. Board of County Commis- sioners of Pottawatomie County. Petition for writ of certiorari to the Court of Civil Appeals of Oklahoma, First Division, denied. No. 98374. Sun-Diamond Growers of California, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 98380. Bank One, Milwaukee, N. A., Petitioner v. P. A. Berg- ner & Co. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 98381. Ronald E. Egan, Petitioner v. Athol Memorial Hospital, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the First Circuit denied.

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232 MONDAY, NOVEMBER 2, 1998 No. 98382. Gene Schmidt, et ux., Heirs of Decedent Stephanie Schmidt, et al., Petitioners v. HTG, Inc., et al. Petition for writ of cer- tiorari to the Supreme Court of Kansas denied. No. 98386. Roman Perales, Petitioner v. Supreme Court of Texas, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. No. 98392. Michael W. Walker, et al., Petitioners v. First Commer- cial Bank, N. A. Petition for writ of certiorari to the Supreme Court of Arkansas denied. No. 98394. Laszlo N. Tauber, et al., Petitioners v. Virginia, ex rel., Mark Earley, Attorney General of Virginia, et al. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 98401. Robert W. Mitchell, Petitioner v. John G. Richards, Chief Insurance Commissioner of South Carolina. Petition for writ of certio- rari to the United States Court of Appeals for the Fourth Circuit denied. No. 98402. Gatlin Gilder, aka Gatlin Gladney Gilder, Jr., aka Gatlin Gladney Gilder, Petitioner v. Mississippi. Petition for writ of certiorari to the Court of Appeals Mississippi denied. No. 98408. Ronald J. Allison, et ux., Petitioners v. Unknown Heirs, et al. Petition for writ of certiorari to the Supreme Court of Montana denied. No. 98415. Seacoast Motors of Salisbury, Inc., Petitioner v. Ch- rysler Corporation. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 98417. John H. Garner, et ux., Petitioners v. Corpus Christi National Bank. Petition for writ of certiorari to the Court of Appeals of Texas, Thirteenth District, denied. No. 98421. Robert L. Schulz and John Salvador, Jr., Petitioners v. New York State Executive. Petition for writ of certiorari to the Court of Appeals of New York denied. No. 98422. Daniel B. Snyder, Petitioner v. Isaac S. Garb, Judge, Court of Common Pleas, Bucks County, Pennsylvania. Petition for writ of certiorari to the United States Court of Appeals for the Third Cir- cuit denied. No. 98425. David Lawrence Solomon, Petitioner v. Florida Bar. Pe- tition for writ of certiorari to the Supreme Court of Florida denied.

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MONDAY, NOVEMBER 2, 1998 233 No. 98440. Roger M. Donlon, et al., Petitioners v. City of Oxnard, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 98441. Kim Lloyd Delap, Petitioner v. Oregon. Petition for writ of certiorari to the Supreme Court of Oregon denied. No. 98452. In Re Kevan H. Gilman, Petitioner. Petition for writ of certiorari to the Supreme Court of California denied. No. 98453. Barbara Duncan, Personally and on Behalf of Her De- ceased Child, Baby Boy Scott, Petitioner v. Louis Caldera, Secretary of the Army. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 98459. Warren W. Wyneken, Petitioner v. Harry W. Scott, et al. Petition for writ of certiorari to the Court of Appeals of Indiana, Second District, denied. No. 98475. Donald W. Dunlap, Petitioner v. National Bank of Alaska. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98481. Dan Anderson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 98506. Keith Mantell and Isogenics, Inc., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 98508. Robert Merrill, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied. No. 98513. Kenneth R. Gager, et ux., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98516. Margaret E. Lien and Waltraud H. Metzler, Petitioners v. Merit Systems Protection Board. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 98522. Marco Damico, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 98541. Philip I. Warren, Petitioner v. Wisconsin. Petition for writ of certiorari to the Supreme Court of Wisconsin denied. No. 98547. Cheryl Apperson, 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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234 MONDAY, NOVEMBER 2, 1998 No. 98549. Kwok Ching Yu, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 98567. Cyrus J. Cerro, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985081. James E. Billiot, Petitioner v. James V. Anderson, Commissioner, Mississippi Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985114. Candido Ramos-Rodriguez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985374. John Avalos Alba, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 985405. Stella Kasza and Helen Frost, Petitioners v. Carol M. Browner, Administrator, Environmental Protection Agency, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985412. Arthur Lee Walls, III, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 985431. Miguel Sanchez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985468. Ronnie Michael Cauthern, Petitioner v. Tennessee. Pe- tition for writ of certiorari to the Supreme Court of Tennessee, West- ern Division, denied. No. 985495. Ricky Nolen McGinn, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 985510. David Stevenson, Petitioner v. Delaware. Petition for writ of certiorari to the Supreme Court of Delaware denied. No. 985532. Edward Brian Capetillo, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 985536. Laura Darne, Petitioner v. Wisconsin, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

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MONDAY, NOVEMBER 2, 1998 235 No. 985738. Miguel A. Ramirez, Petitioner v. Sherman Hatcher, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985742. Guadalupe Moreno Barajas, 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. 985744. Amiralli Shroff, Petitioner v. Sunshine Extravaganza Promotion. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985755. Robin Lee Row, Petitioner v. Idaho. Petition for writ of certiorari to the Supreme Court of Idaho denied. No. 985760. Shane Ransom, Petitioner v. James S. Salkin. Petition for writ of certiorari to the Circuit Court of Maryland, Baltimore City, denied. No. 985763. Bill Colon, Petitioner v. Florida Commission on Ethics, et al. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 985766. Delores Stewart, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Third District, denied. No. 985767. Kim Smith, Petitioner v. James M. Morgan, Superin- tendent, State Correctional Institution at Smithfield, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 985769. Larry L. Jenkins, Jr., Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. No. 985770. Thiamond Dwight King, Petitioner v. A. G. Moodey. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985776. Jennie D. Collins, Petitioner v. Augusta Housing Au- thority, City of Augusta, Georgia. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985777. Anthony Boyd, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. No. 985779. James Ronald Meanes, 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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236 MONDAY, NOVEMBER 2, 1998 No. 985781. Cedric Mitchell, Petitioner v. TPI Restaurants. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985782. Christopher Lee Oatey, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 985787. Vincent Faustino Rivera, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, First District, denied. No. 985788. Johnny M. Patterson, Petitioner v. South Carolina. Pe- tition for writ of certiorari to the Supreme Court of South Carolina denied. No. 985792. Jack Keesling, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. No. 985796. Kurtis Allen Clifford, Petitioner v. Edward Bozzella, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. No. 985798. D. Uriyah Ajamu, Petitioner v. Leroy Alfred, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985802. Jeff Emery, 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. 985806. Steven Erick Riley, Petitioner v. K. W. Prunty, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985809. Warren Hill, Petitioner v. Tony Turpin, Warden. Peti- tion for writ of certiorari to the Supreme Court of Georgia denied. No. 985811. Alphonso B. Roundtree, III, Petitioner v. Patrick Ken- nedy, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985812. Gerald M. Sparks, Petitioner v. Kentucky Character and Fitness Committee, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985813. Anna Spigelski, Petitioner v. McDonald's. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

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MONDAY, NOVEMBER 2, 1998 237 No. 985817. Anna M. Liebers, Petitioner v. Saline County, Kansas. Petition for writ of certiorari to the Court of Appeals of Kansas denied. No. 985819. James Elbert Dubose, Petitioner v. Charlie Jones, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985820. Robert A. Shafer, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. No. 985822. Jose Guillot, Petitioner v. Edgar C. Day, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985829. James Leroy Shook, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Sixth Appel- late District, denied. No. 985830. Joseph Lester Hall, 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. 985833. Joseph Martin Barnes, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. No. 985839. Christopher Lee Prosser, Petitioner v. David Ross, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 985850. Daniel Patrick Rawlins, Petitioner v. Arizona Depart- ment of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985869. Thomas B. Kee, Petitioner v. Massachusetts Mutual Life Insurance Company, et al. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 985870. Lawrence Jackson, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 985880. Rafael Nieves, 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. 985882. David M. Kurtzemann, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Tenth District, denied. No. 985886. M. Wayne Forsyth, Petitioner v. V. Michael Brigner, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

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238 MONDAY, NOVEMBER 2, 1998 No. 985892. Edward Jerome Harbison and Deelicho Besh, Petition- ers v. Donal Campbell, Commissioner, Tennessee Department of Cor- rection, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985893. Jeffrey E. Hibbard, Petitioner v. Kenneth S. Apfel, Commissioner of Social Security. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 985894. Hector R. DeJesus, Petitioner v. Jim Edgar, Governor of Illinois, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 985899. Toufic Badih Naddi, Petitioner v. D. R. Hill, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 985902. Yvonne Willis, Petitioner v. Bobby L. Sprague. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 985903. Yvonne Willis, Petitioner v. Helen Southerland. Peti- tion for writ of certiorari to the District of Columbia Court of Ap- peals denied. No. 985904. Nigel Keiffer, Petitioner v. City of Seattle Civil Service Commission, et al. Petition for writ of certiorari to the Court of Ap- peals of Washington, Division 1, denied. No. 985911. Karl Hinze LaGrand and Walter Burnhart LaGrand, Petitioners v. Terry L. Stewart, Director, Arizona Department of Cor- rections. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985912. Donald K. Nelson, Petitioner v. Thomas Henson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985914. Michael M. Osborne, Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 985921. John James Moran, Petitioner v. David L. Trippett, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985925. Leslie Wayne Beckman, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, Fifth Appellate District, denied.

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MONDAY, NOVEMBER 2, 1998 239 No. 985930. Dionna Beachem, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 985936. John W. Castro, Sr., Petitioner v. Gary E. Gibson, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied. No. 985960. Rey David Vargas, Petitioner v. Johnny Sikes, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985981. Hezile Earl, Jr., Petitioner v. Arkansas. Petition for writ of certiorari to the Supreme Court of Arkansas denied. No. 985986. Mark Douglas Fields, 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. 985999. Gregory K. Christian, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 986005. Margaret Ann Willis, Petitioner v. Goodwill Industries of Kentucky, Inc. Petition for writ of certiorari to the Court of Appeals of Kentucky denied. No. 986011. Dale Ray Hurd, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appel- late District, denied. No. 986019. Jackie Lowrey, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 986022. Maria Rosenthal, Petitioner v. Larry E. Banks, Admin- istrative Appeals Judge, Department of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 986027. William Earl Cunningham, Petitioner v. Captain Pace, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. No. 986028. Cedric M. Jackson, Petitioner v. James Morgan, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 986035. Roy A. Scott, Petitioner v. Larry Burton, Warden. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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240 MONDAY, NOVEMBER 2, 1998 No. 986040. Kent A. Kroemer, Petitioner v. Frank E. Irvin. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 986063. Jesse Spence Tidwell, Petitioner v. David G. Mills, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 986069. Vinh Hung Lam, Petitioner v. Harte-Hanks Communi- cations, Incorporated. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986074. Daniel W. Risher, Petitioner v. Arkansas. Petition for writ of certiorari to the Supreme Court of Arkansas denied. No. 986078. John P. Beard, 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. 986079. Hyon O, Petitioner v. William J. Henderson, Postmas- ter General. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986081. Paul William Scott, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 986083. Linda Sue Jones, Petitioner v. Susan E. Poole, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 986084. Thomas James Lowe, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986089. Plao Viengvilai, Petitioner v. A. Newland, Warden. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986091. Douglas R. Arledge, Petitioner v. Idaho, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986097. Barry Himmelstein, 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. 986110. James Pack, Petitioner v. Thomas F. Page, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

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MONDAY, NOVEMBER 2, 1998 241 No. 986112. James Edward Prince, Petitioner v. Thomas R. Corco- ran, Jr., Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986118. David Brace, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986120. Fred Nance, Jr., Petitioner v. J.D. Vieregge, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 986126. Trevor E. Robinson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986129. Darryl E. Jackson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986130. Thomas C. Mahone, Petitioner v. William J. Henderson, Postmaster General. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 986136. Rashida Amadi Williamson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986142. Timothy Lee Melton, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 986145. Mitchell Washington King, aka Mitchel Washington King, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986153. Vincent Lomax, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 986154. William Jolly, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 986155. Phillip Marsh, Marlene Marsh, Jill Spencer, and Dar- rell Spencer, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986156. Ramiro Cardoza-Hinojosa, 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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242 MONDAY, NOVEMBER 2, 1998 No. 986158. Mertylin Carroll, Petitioner v. Local 144 Pension Fund, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied. No. 986159. Steve Williams, Petitioner v. Robert Furlong, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied. No. 986163. Margarita Carrillo-Hernandez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986165. Joseph L. Davis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 986167. Timothy Hannah, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 986168. Courtney Floyd Gregory, Scott William Lee, Ernest Sterling Wright, and Larry Eugene Reed, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986169. Roy Green, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986171. Hugo Lopez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 986172. Gerald A. Elwood, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986175. Richard Edward Gunn, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986176. Paul Markun, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 986179. Arthur L. Mallard, 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, NOVEMBER 2, 1998 243 No. 986183. Carey Antonio Pierce, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986185. Ervin George McLeggan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 986186. Freddie Myers, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 986187. Lorenzo V. Carrillo, 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. 986191. Antoine Jamar Dean, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986192. Garrett Leron Fox, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 986196. Eric Bruce Dinkins, Petitioner v. Michigan. Petition for writ of certiorari to the Court of Appeals of Michigan denied. No. 986197. John Stallings Green, III, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986202. Henry Ford, Jr., aka Jay Ford, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 986203. Hector B. Germosen, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 986206. John P. Kennedy, Petitioner v. Commissioner of Inter- nal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 986207. Carlos Lopez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986210. Danyel Boley, 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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244 MONDAY, NOVEMBER 2, 1998 No. 986211. Douglas Winslow Copney, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986213. Marvin Donnell Kelley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986215. Willie Hugh Morris, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986218. Melvin Avon Thomas, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986223. Dragisa Lazarevich, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986224. James Anthony Rojas, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986225. Lazaro Martinez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986227. Michael E. Jones, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986228. Joshua Paul Prophett, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986232. Walter Kazmierczak, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 986234. Morris Lynn Johnson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986235. Jay A. Brown, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 986243. Guadalupe Hernandez-Guerrero, 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, NOVEMBER 2, 1998 245 No. 986244. Anthony C. Frank, aka Alphonso Paul Clarke, aka An- thony Wilson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 986246. Charles Dunbar, Petitioner v. Michigan Department of Civil Service, Employment Relations Board. Petition for writ of certio- rari to the Court of Appeals of Michigan denied. No. 986249. Wardell Fields, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 986252. Anthony Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986253. Patrick Wood, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 986254. Manuel A. Tellechia, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 986255. Hector Alonzo Viramontes-Alvarado, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986257. Chafat Al Jibori, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 986259. Thomas F. Jenkins, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986260. Joe Willie Hooks, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986262. Samuel Joseph Gentile, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986267. Jose Granados, aka Chepe, aka Chippy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986271. H. E. Elya Peker, Petitioner v. Reid A. Fader, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

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246 MONDAY, NOVEMBER 2, 1998 No. 986284. Jose Angel Oviedo Rosales, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986285. Vincent Lorenzo Scruggs, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986286. Eric Carlisle Martinson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 986290. Ming Hoi Wong, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 986291. Melvin Vickers, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986295. Michael E. Baswell, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986301. Paul A. Carbaugh, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 986304. Sam Sidney Allman, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986307. David McKinney, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 986315. Marino Ramirez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986326. James Michael Murphy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 986327. Steven McCoy, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 986336. Jackie Juanita Wood, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

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MONDAY, NOVEMBER 2, 1998 247 No. 986339. Jose Vazquez-Pulido, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 986342. Robert Braggs, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 971485. Philip Coates, Director, Massachusetts Division of Ma- rine Fisheries, et al., Petitioners v. Richard Max Strahan. Motion of Conservation Law Foundation, Inc., for leave to file a brief as amicus curiae granted. 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 First Circuit denied. No. 979525. Cathy Lynn Henderson, Petitioner v. Texas. Motion of petitioner to amend the petition for writ of certiorari and to supple- ment the record denied. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 98292. Arthur Calderon, Warden, Petitioner v. John George Brown. Motion of respondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the Supreme Court of Califor- nia denied. No. 98371. D. R. Hill, Warden, et al., Petitioners v. Toufic Badih Naddi. 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. 98310. State Insurance Fund, Petitioner v. Kenneth G. M. Mather, Trustee for the Estate of Southern Star Foods, Inc. Motion of National Council on Compensation Insurance, Inc., 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 Tenth Circuit denied. No. 98352. AT&T Universal Card Services, Inc., Petitioner v. Be- nethel Rembert. 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.

Habeas Corpus Denied

No. 979032. In Re Joel Brown, Petitioner; No. 98528. In Re Robert G. Neal, Petitioner; No. 986293. In Re Richard Brenton Tobias, Petitioner; No. 986353. In Re Demario Parks, Petitioner; and

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248 MONDAY, NOVEMBER 2, 1998 No. 986410. In Re Shaleke Shamsideen Nasir, Petitioner. Petitions for writs of habeas corpus denied.

Mandamus Denied

No. 98414. In Re Kenneth J. Owen, Petitioner; No. 985793. In Re Stephen A. Miller, Petitioner; No. 985876. In Re James R. Schnelle, Petitioner; and No. 986201. In Re James M. DeBardeleben, Petitioner. Petitions for writs of mandamus denied.

Rehearings Denied

No. 979086. Eufrosina Diaconu, Petitioner v. Defense Logistics Agency, et al. Petition for rehearing denied. No. 979194. Yraida Leonides Guanipa, Petitioner v. United States. Motion for leave to file a petition for rehearing denied.

Attorney Discipline

No. D1976. In the Matter of Disbarment of James T. Kalyvas. Dis- barment order entered. No. D1987. In the Matter of Disbarment of Leonard J. Angelo. Dis- barment order entered. No. D1988. In the Matter of Disbarment of Walter J. Price, Jr. Dis- barment order entered. No. D2002. In the Matter of Disbarment of Steven H. Gifis. Steven H. Gifis, of Pennington, 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. D2003. In the Matter of Disbarment of Amiel Stephen Cueto. Amiel Stephen Cueto, of Belleville, Illinois, 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. D2004. In the Matter of Disbarment of James A. Consoli. James A. Consoli, of Dowingtown, Pennsylvania, 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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MONDAY, NOVEMBER 2, 1998 249 No. D2005. In the Matter of Disbarment of A. Curtis Washburn. A. Curtis Washburn, of Rockford, 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. D2006. In the Matter of Disbarment of Paul Arthur Price. Paul Arthur Price, of Salt Lake City, Utah, 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. D2007. In the Matter of Disbarment of Robert Dishington Monsour. Robert Dishington Monsour, of Murrysville, 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.

Admissions to the Bar on Written Motions Applicant City and State Movant Eduardo A. Santiago San Juan, PR Francisco Acevedo Augusto Besosa Ray James Artiano San Diego, CA Sidney A. Stutz John B. Arum Seattle, WA Marc D. Slonim Bradford A. Berenson Washington, DC Carter G. Phillips Matthew A. Biegert New Richmond, James A. Drill WI Robert Thaddeus Biskup Bloomfield Hills, Edward Joseph MI Biskup Jacquelyn E. Bowie Indianapolis, IN Kenneth J. Falk John P. Bradwell Norton, VA Michael L. Shortridge Laura A. Breveti New York, NY Joel Cohen David A. P. Brower New York, NY Fred Taylor Isquith Susan D. Burke Indianapolis, IN Monica Foster Anthony Scott Canty Flagstaff, AZ Reid Peyton Chambers Robert J. Ciovacco East Meadow, NY Bruce J. Bergman Jeffrey Alan Cohen St. Louis, MO David Victor Capes Thomas Galvin Cotter Stratford, CT Bryan L. LeClerc Kevin James Culligan New York, NY Albert E. Fey

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250 MONDAY, NOVEMBER 2, 1998

Applicant City and State Movant Robert Alan Culp New York, NY Eugene H. Nickerson Bruce M. Danner Metairie, LA Roy A. Raspanti W. Patrick Delaney Erie, PA Dale Edwin Huntley John V. Diepenbrock Sacramento, CA Mark D. Harrison Douglas Neil Dorris Marion, IL Wm. Kent Brandon Donald C. Douglas, Jr. Monroe, LA Thomas Moore Hayes, III Scott A. Edelman Los Angeles, CA Theodore J. Boutrous, Jr. Howard W. Edmunds Houston, TX Douglas Andrew Lacey Roy S. Fore Wenatchee, WA Patricia Ann Toth Deborah E. Fortune Oklahoma City, Robert Harlan OK Henry Norris E. Gelman Philadelphia, PA Jeremy C. Gelb Elizabeth Ann Govaerts Lincoln, NE Vincent M. Powers Cary Steven Greenberg Alexandria, VA Glen Franklin Koontz James P. Gregor Stroudsburg, PA Mark Steven Love Paul W. Groom, II Pensacola, FL Jan Shackelford Dean Hansell Los Angeles, CA Molly S. Boast Katherine Wade Hazard Washington, DC David Carlisle Shilton Michael F. Healy San Francisco, CA Frederick Douglas Baker Keith Wayne Heard New York, NY Raymond J. Burke, Jr. Scott J. Hergenroether Phoenix, AZ Marty Harper Gregory P. Holder Tampa, FL David Barnett Weinstein Jeffrey David Horowitz Los Angeles, CA Sam K. Abdulaziz Theodore J. Horvath Shaker Heights, Roger W. OH VanDeusen Luis E. Insignares Fort Myers, FL Raphael Goldstein Thomas Dice Jensen Minneapolis, MN Dan T. Ryerson Frank T. Judge, III Ridgefield, CT Floyd Abrams

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MONDAY, NOVEMBER 2, 1998 251

Applicant City and State Movant Stefan Kazmierski Denver, CO Barry Douglas Roseman William J. Keogh, III Augusta, GA David E. Hudson Hamlin Caldwell King, Jr. Columbus, OH James Duvall Jack I. Klein Marietta, GA Joseph Guy Sharpe, Jr. Diane Frances Klotnia Chicago, IL Marc O. Beem Samantha Reiss Koerner Los Angeles, CA Thomas E. Beck Steven Kropelnicki, Jr. Ashville, NC George Ward Hendon Thomas F. Kummer Las Vegas, NV Philip Martin Pro Seth Robert Leech Miami, FL Luis A. Cordero Kirk K. Livermont Independence, CA Dean Thomas Stout Eldon L. McAfee Des Moines, IA Doyle D. Sanders Markus H. Meier Arlington, VA Elizabeth Rose Hilder Julie Ann Michaelis San Diego, CA Pauline Holland Galbraith Getz David A. Mintz New York, NY Betty Levinson Sharon Cormack Mize New Orleans, LA Robert E. Winn Donald Drew Moore Grand Junction, James CO Montgomery Robb James E. Ocasek Chicago, IL Robert A. Clifford Mark Gregory Olson Everett, WA Donald Hugh Mullins Alexander Penalta Boca Raton, FL Marylin Batista Robert K. Rasmussen Nashville, TN Rebecca Latham Brown Felisa Recio-Mande´s San Juan, PR Charles A. Cordero Thomas Edmund Ring Minneapolis, MN Craig William Gagnon Thomas Matthew Riordan Los Angeles, CA Warren M. Christopher Robert Loring Rocke Tampa, FL Sean Patrick Murphy

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252 MONDAY, NOVEMBER 2, 1998

Applicant City and State Movant Thomas A. Tucker Ronzetti Miami, FL Robert Anthony Ginsburg Peter Rosen Rockaway, NJ Richard Shapiro Robert M. Rosenblum Stroudsburg, PA Mark Steven Love Robert Leonard Rothman Atlanta, GA William Henry Kitchens Dean A. Schaffer Austin, TX John Pike Powers, IV James H. Schlender Hayward, WI Reid Peyton Chambers David G. Secular New York, NY Jerry L. Tritz Timothy Patrick Selby New York, NY Alan Mark Parness Michael Henry Shapiro Los Angeles, CA Denise Meyer William H. Shewmake Richmond, VA G. Ronald Grubbs, Jr. Lyssa M. Simonelli Las Vegas, NV Philip Martin Pro Edwin Dean Singleton Owensville, IN Charles R. Nixon Thomas Gerard Smith Syracuse, NY Judge Frederick J. Scullin, Jr. Anthony Martin Smith San Antonio, TX Ronald LeRoy Goranson Sandra McDermott Smith Syracuse, NY Judge Frederick J. Scullin, Jr. Jason Louis Solotaroff New York, NY Shirley Fingerhood John Thomas Stemberger Orlando, FL Frederick Herbert Nelson Stevan Uzelac Detroit, MI Richard Bordley Gushee Gerald D. Vinnard Fresno, CA Howard A. Sagaser Mikal C. Watts Corpus Christi, William Ryle TX Edwards, III Alan Dean Weinberger New Orleans, LA Dominic J. Gianna Lu Ann White Des Moines, IA Frederick Gale White Connie Kay Wilhite Orange, TX Buddie J. Hahn Darryl M. Woo Palo Alto, CA Richard M. Goldman

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MONDAY, NOVEMBER 2, 1998 253

Applicant City and State Movant Denise Mooers Woodbury Bonners Ferry, ID Philip Henry Robinson Stephen Carl Woodruff Saipan, MP Alexandro Cruz Castro Reuben Franklin Young Raleigh, NC Isaac T. Avery, III John P. Zanini Boston, MA Catherine Cornelia Ziehl Neil Lawrence Zola New York, NY Daniel W. Krasner David W. Zoll Toledo, OH Frederick Byers James E. Zorn Ashland, WI Howard Joseph Bichler Stephen A. Zrenda, Jr. Oklahoma City, Burck Bailey OK

Admissions to the Bar on Oral Motions Applicant City and State Movant Jonathan Edward Becker Vienna, VA Edward C. Berkowitz William Thomas Daniels Chicago, IL Karen Evans Weichbrodt Elizabeth Pangburn Martin Washington, DC Gregory O'Duden Eugene C. Wheeler Sacramento, CA Melva Menzies Warriner Richard Dennis Green Washington, DC Lisa J. Roberts Kathy L. McClure Washington, DC Lisa J. Roberts

Oral Arguments

No. 971287. Hughes Aircraft Company, et al., Petitioners v. Stanley Jacobson, et al. Argued by Mr. Paul T. Cappuccio for the petitioners, by Ms. Lisa S. Blatt for the United States as amicus curiae, by special leave of the Court, and by Mr. Seth Kupferberg for the respondents. No. 971418. Bank of America National Trust and Savings Associa- tion, Petitioner v. 203 North LaSalle Street Partnership. Argued by Mr. Roy T. Englert, Jr., for the petitioner, by Ms. Patricia A. Millett for the United States as amicus curiae, by special leave of the Court, and by Mr. Richard M. Bendix, Jr., for the respondent. No. 971396. Vicky M. Lopez, et al., Appellants v. Monterey County, et al. Argued by Mr. Joaquin G. Avila for the appellants, by Mr. Paul

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254 MONDAY, NOVEMBER 2, 1998 R. Q. Wolfson for the United States as amicus curiae, by special leave of the Court, and by Mr. Daniel G. Stone for the appellees.

Adjourned until Tuesday, November 3, 1998, at 10 o'clock.

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(JOURNAL) TUESDAY, NOVEMBER 3, 1998 255 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. 971056. Naomi Marquez, Petitioner v. Screen Actors Guild, Inc., et al. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment affirmed. Opinion by Justice O'Connor. Concurring opinion by Justice Kennedy, with whom Justice Thomas joins. Admissions to the Bar on Oral Motions Applicant City and State Movant Barbara Bailey Bogart Elgin, TX William Kent Suter Ernest F. Bogart Elgin, TX William Kent Suter Stephen Paul Carney Columbus, OH Jeffrey Stuart Sutton Kenneth M. Fagin Washington, DC Gideon Franklin Rothwell, IV Pamela C. Berry Washington, DC Loretta Collins Argrett Janet Arlene Bradley Washington, DC Loretta Collins Argrett Michelle Bachand O'Connor Washington, DC Loretta Collins Argrett Paula K. Speck Alexandria, VA Loretta Collins Argrett Anthony Thomas Sheehan Vienna, VA Loretta Collins Argrett Tamara Wenda Ashford Washington, DC Loretta Collins Argrett Annette Marie Wietecha Falls Church, VA Loretta Collins Argrett Alice L. Ronk Washington, DC Loretta Collins Argrett Marion Elizabeth Murphy Falls Church, VA Loretta Collins Erickson Argrett

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256 TUESDAY, NOVEMBER 3, 1998

Applicant City and State Movant Sarah Kay Knutson Washington, DC Loretta Collins Argrett Oral Arguments No. 971230. City of West Covina, Petitioner v. Lawrence Perkins, et al. Argued by Mr. David D. Lawrence for the petitioner, by Mr. Jeffrey S. Sutton for Ohio, et al., as amici curiae, by special leave of the Court, and by Mr. Patrick S. Smith for the respondents. No. 977597. Patrick Knowles, Petitioner v. Iowa. Argued by Mr. Paul Rosenberg for the petitioner and by Ms. Bridget A. Chambers for the respondent.

Adjourned until Wednesday, November 4, 1998, at 10 o'clock.

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(JOURNAL) WEDNESDAY, NOVEMBER 4, 1998 257 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 Michael Paul Austern Washington, DC James C. Duff Cohen Rosemary H. McEnery Washington, DC James C. Duff Thomas E. Haider St. Paul, MN James C. Duff Sonya Leela Savkar Washington, DC Beth Susan Brinkmann Katherine M. Culliton Washington, DC Michael J. Rufkahr Sara Jane Gozo Brooklyn, NY Nathaniel H. Goodrich Ann Lockridge Ramsey Baltimore, MD Larry Dwight Sharp Stanley Ray Smith Albion, IL Vincent Michael Buquicchio Elizabeth Toni Guarino Washington, DC Barry Sullivan Tina A. Hall Baltimore, MD Barry Sullivan Douglas Henry Seitz Catonsville, MD Barry Sullivan Anthony J. Zaccagnini Baltimore, MD Barry Sullivan Stephen Dudley Brody Alexandria, VA Barry Sullivan David Scott Lionberger Salem, VA Barry Sullivan Brickford Young Brown Richmond, VA Barry Sullivan Julie Hottle Day Greenbelt, MD Barry Sullivan Scott John Fitzgerald Richmond, VA Barry Sullivan Janie Amy Gretchen Dillard Alexandria, VA Barry Sullivan Paul Alan Morrison Warrenton, VA Barry Sullivan Eric George Reeves Richmond, VA Barry Sullivan Moira T. Roberts Washington, DC Barry Sullivan Andrew Warner White Richmond, VA Barry Sullivan

Oral Arguments

No. 971252. Janet Reno, Attorney General, et al., Petitioners v. American-Arab Anti-Discrimination Committee, et al. Argued by Mr.

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258 WEDNESDAY, NOVEMBER 4, 1998 Malcolm L. Stewart for the petitioners and by Mr. David Cole for the respondents. No. 961793. Cedar Rapids Community School District, Petitioner v. Garret F., a Minor By His Mother and Next Friend, Charlene F. Argued by Ms. Susan L. Seitz for the petitioner, by Mr. Douglas R. Oelschlaeger for the respondent, and by Ms. Beth S. Brinkmann for the United States as amicus curiae, by special leave of the Court.

Adjourned until Monday, November 9, 1998, at 10 o'clock.

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(JOURNAL) FRIDAY, NOVEMBER 6, 1998 259 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. 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 denied. Petition for rehearing denied.

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(JOURNAL) MONDAY, NOVEMBER 9, 1998 261 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. 97945. United Paperworkers International Union and United Paperworkers Local Union No. 1033, Petitioners v. Roland Buzenius and National Labor Relations Board. 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 Marquez v. Screen Actors Guild, 525 U. S. (1998). No. 971507. Karry Teel, Carl Holden, and William Malone, Petition- ers v. Rajiv Khurana. On petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Motion of petitioners for double costs denied. Petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Fifth Circuit with instructions to dismiss the case as moot. See United States v. Munsingwear, Inc., 340 U. S. 36 (1950).

Orders In Pending Cases

No. A334. Barry Weinstein, et al., Petitioners v. Kenneth Starr, et al. Application for injunctive relief addressed to Justice Scalia and re- ferred to the Court denied. No. A336. Maritime Overseas Corporation, Petitioner v. Richard Ellis. Application for a stay addressed to Justice O'Connor and referred to the Court denied. No. M27. Eugene M. Mason, Petitioner v. Securities and Exchange Commission, et al. Motion to direct the Clerk to file a petition for a writ of certiorari out-of-time denied. No. 979361. Louis Jones, Petitioner v. United States. Motion of peti- tioner for appointment of second counsel denied.

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262 MONDAY, NOVEMBER 9, 1998 No. 98184. Wyoming, Petitioner v. Sandra Houghton. Motion for appointment of counsel granted, and it is ordered that Donna D. Domon- kos, Esq., of Cheyenne, Wyoming, is appointed to serve as counsel for the respondent in this case.

Certiorari Granted

No. 98436. John H. Alden, et al., Petitioners v. Maine. Petition for writ of certiorari to the Supreme Judicial Court of Maine granted. No. 971927. Rodney C. Hanlon, Joel Scrafford, Kris A. McLean, Richard C. Branzell, and Robert Prieksat, Petitioners v. Paul W. Berger, et ux. On petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit; and No. 9883. Charles H. Wilson, et ux., et al., Petitioners v. Harry Layne, Deputy United States Marshal, etc., et al. On petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit. Petitions for writs of certiorari granted limited to the following questions: 1. Whether law enforcement officers violate the Fourth Amendment by allowing members of the news media to accompany them and to observe and record their execution of a warrant? 2. Whether, if this action violates the Fourth Amendment, the officers are nonetheless entitled to a defense of qualified immunity? Cases are consolidated and a total of one hour is allotted for oral argument. No. 985881. Benjamin Lee Lilly, Petitioner v. Virginia. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari to the Supreme Court of Virginia granted.

Certiorari Denied

No. 971894. Seahorse Coastal Assistance & Towing, et al., Petition- ers v. Theodore Fleischmann, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 98128. James A. McNamara, et al., Petitioners v. City of Chi- cago, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 98163. City of Irvine, et al., Petitioners v. David Scott Nelson and Mauricio Baez Fernandez, etc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98190. John Norman Huffington, Petitioner v. Eugene Nuth, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

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MONDAY, NOVEMBER 9, 1998 263 No. 98254. Princess Cruises, Incorporated, Petitioner v. General Electric Company. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 98385. Kenneth Don Earles, et al., Petitioners v. State Board of Certified Public Accountants of Louisiana, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 98400. James Howard Smith, Trustee for the Estates of Mari- lyn A. Hanson and Lynn M. Rice, Petitioner v. Laser, Wilson, /Buford & Watts, P. C., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 98403. Lurlene Mencer, Petitioner v. Cleveland Hammonds. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 98407. Vincent C. Piano, aka Vic Piano, et ux., Petitioners v. Albert F. Nasuti, Trustee. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 98409. Tonyja Duffield, Petitioner v. Robertson, Stephens & Company. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98410. William Timothy Fister, Parent and Guardian of Mary Fister, Petitioner v. Minnesota New Country School. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 98411. Richard Huber, Petitioner v. District of Columbia Board on Professional Responsibility, et al. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 98412. Warren L. Jackson, Petitioner v. NCT Corporation and PFS Corporation, etc. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 98418. Wyoming Department of Transportation, Petitioner v. Beverly A. Straight. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 98423. Charles C. Thompson, II, Petitioner v. Department of the Navy. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 98445. Harry C. Batchelder, Jr., etc., Petitioners v. Nobuhiko Kawamoto, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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264 MONDAY, NOVEMBER 9, 1998 No. 98448. James A. Stewart, Petitioner v. Vanessa L. Stewart. Petition for writ of certiorari to the Court of Appeals of North Caro- lina denied. No. 98449. Gusto Records, Inc. and GML, Inc., Petitioners v. Rich- ard Peterson, Mike Mitchell, Lynne Easton, Norm Sundholm, and Barry Curtis. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98451. A. Doe, Petitioner v. Miles Inc., et al. Petition for writ of certiorari to the Court of Appeals of Arizona, Division Two, denied. No. 98483. Gih-Horng Chen, Petitioner v. Zygo Corporation. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 98486. Gerard T. O'Brien, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 98497. Lawrence B. Hanlon, Petitioner v. James A. Dunbar. Petition for writ of certiorari to the District of Columbia Court of Ap- peals denied. No. 98503. Gany Mike Bello, dba Nucleus Oil Company, Petitioner v. Citizens National Bank, et al. Petition for writ of certiorari to the Court of Appeals of Texas, Second District, denied. No. 98521. Margaret F. Jensvold, Petitioner v. Donna Shalala, Sec- retary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 98523. Kerry D. Fritz, II, Petitioner v. Lancaster County, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 98537. Lamon L. Moody, Jr., Petitioner v. Eves Thibodeaux Moody. Petition for writ of certiorari to the Court of Appeal of Louisi- ana, First Circuit, denied. No. 98545. Fluor Daniel (NPOSR), Inc., Petitioner v. David G. Sew- ard. Petition for writ of certiorari to the Supreme Court of Wyoming denied. No. 98546. Cliff Greene, Petitioner v. WCI Holdings Corporation, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied. No. 98566. Bobby W. Kennedy, Petitioner v. Daniel S. Goldin, Ad- ministrator of National Aeronautics and Space Administration. Petition

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MONDAY, NOVEMBER 9, 1998 265 for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 98602. Vivian C. Smith-Gregg, Petitioner v. Department of In- terior. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 98609. Cassis Management Corporation, Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 98617. Daniel Schaeffer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 985151. Jimmy Ray Pitsonbarger, Petitioner v. Richard Gram- ley, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 985818. Henry S. Ludwig, Petitioner v. Jerome Vermette, et al. Petition for writ of certiorari to the District Court of Appeal of Florida, Second District, denied. No. 985931. Dennis Barnes, Petitioner v. Aurelia Pucinski, Clerk, Circuit Court of Illinois, Cook County. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 985934. Carsbia Van Taylor, Petitioner v. James S. Garrett, Judge, Circuit Court of Alabama, Jefferson County, et al. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 985939. Nancy Lee Bogart, Petitioner v. Dimitra J. Curry, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985940. Terry Gale Parnell, 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. 985941. Herbert R. Smith, Petitioner v. Philip Parker, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 985944. Marvin A. Pollack, Petitioner v. Wilshire Leasing, Lim- ited. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

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266 MONDAY, NOVEMBER 9, 1998 No. 985952. Mung Van Lam, Petitioner v. Paul Barnett, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 985958. Michael Emerson Correll, Petitioner v. Terry L. Stew- art, Director, Arizona Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985965. Drew Michael Pizzo, Petitioner v. Richard L. Stalder, Secretary, Louisiana Department of Public Safety and Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985967. Gary Perfetto, Petitioner v. Robert H. Kuhlmann, Superintendent, Sullivan Correctional Facility. Petition for writ of cer- tiorari to the United States Court of Appeals for the Second Circuit denied. No. 985968. Bernard Ray Richardson, Petitioner v. Larry W. Huff- man. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. No. 985970. Raoul Barrie Clymer, Petitioner v. Alan M. Rube- nstein, District Attorney of Bucks County, Pennsylvania, et al. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadel- phia Office, denied. No. 985973. Michael Wayne Howell, Petitioner v. Tennessee. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Tennes- see, Western Division, denied. No. 985977. William Harold Wanless, Petitioner v. Oklahoma. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Okla- homa denied. No. 986013. Jennie Franklin and Elaine Quigley, on behalf of Wil- ford Lee Berry, Jr., Petitioners v. Rodney L. Francis, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 986017. Mark Johnson, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 986039. Gregory Lane, 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.

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MONDAY, NOVEMBER 9, 1998 267 No. 986043. Garry Thomas Allen, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. No. 986070. Kenneth Miller, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadelphia Office, denied. No. 986077. DeShawn Wade, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Richland County, denied. No. 986103. Scotty Lee Moore, 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. 986109. Solomon Stevens, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 986147. James E. Rodden, 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. No. 986149. John M. Oberuch, Jr., Petitioner v. Terry L. Stewart, Director, Arizona Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Cir- cuit denied. No. 986150. Victor Palomino, Petitioner v. Arizona. Petition for writ of certiorari to the Supreme Court of Arizona denied. No. 986181. Steven R. Mueller, Petitioner v. Louis E. Bruce, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 986184. LaCosta D. Warren, Petitioner v. Chapter 13 Trustee's Office. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986194. Alland L. Hagans, Petitioner v. William J. Clinton, President of the United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 986221. Donald Mason, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadelphia Office, denied.

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268 MONDAY, NOVEMBER 9, 1998 No. 986226. Ali Baaqar, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 986236. Stanley Mose Cardine, Petitioner v. Jim Morgan, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 986237. Peggy A. Canfield, Petitioner v. American Eurocopter Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986238. Dan Bratton, Petitioner v. California. Petition for writ of certiorari to the Appellate Department, Superior Court of Califor- nia, County of Los Angeles, denied. No. 986239. Henry Francis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986256. Willie Delois Porter, Petitioner v. General Services Administration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 986264. Jeffrey Gibson, Petitioner v. Pennsylvania National Guard. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 986270. Arthur T. Davidson, Petitioner v. William Henderson, Postmaster General. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986273. Jeffrey A. Rosenberg, Petitioner v. Department of the Air Force, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986274. Matthew Sikora, Petitioner v. Susan Bohn. Petition for writ of certiorari to the Supreme Court of Nebraska denied. No. 986276. Samson Omosefunmi, Petitioner v. Charles T. Cobb, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 986278. Brad H. Sidles, 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. 986279. Morris C. Hurd, Petitioner v. Iowa Department of Human Services. Petition for writ of certiorari to the Supreme Court of Iowa denied.

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MONDAY, NOVEMBER 9, 1998 269 No. 986283. Charles Edward Palmer, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986297. Donald J. Strable, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 986302. Margaret I. Tildon, Petitioner v. John M. McConnell. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986313. Chester Kowalczyk, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 986328. Diana Marie August, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986329. David W. Price, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 986330. Yoraidyl Lyka Stone-Lao, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986331. Ruben Dario Restrepo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986332. Pablo Cervantes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986340. Jeffrey Roy Crosby, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986344. Melvin Sumler, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986346. Randolph Charles, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 986347. Randolph Crocker, Jr., 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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270 MONDAY, NOVEMBER 9, 1998 No. 986348. 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. 986356. Omar Andrew Davis, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986366. Carlos Burns, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 986369. Andrew Jones, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 986370. Sandra Gail Montgomery, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986371. Troy D. Jones, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986373. Angel Lerma, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986376. James L. Brown and John R. Marlowe, Petitioners v. United States; and Everett Braddy, Petitioner v. United States. Peti- tion for writ of certiorari to the District of Columbia Court of Ap- peals denied. No. 986377. Kenneth Thenen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986378. Tom Aaron Tate, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986379. Robert C. Woodson, Jr. and David Lee Hill, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986380. Tyrone Walker, 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, NOVEMBER 9, 1998 271 No. 986381. Ira M. Collins, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 986384. Steven Egbert James, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986388. L. W. Smith, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 986389. Michael D. Shinault, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 986392. Alex Jordan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 986393. Frederick L. Jefferson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 986394. Robert Knox, 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. 986395. Jason Matthew Christensen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986398. Michael L. McKoy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 986399. Arvidis Kiperts, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986404. Lloyd Raymond Buxton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986405. Walter Hernandez, Sr., 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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272 MONDAY, NOVEMBER 9, 1998 No. 986407. Bruce Feinstein, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986424. Vincent Carmen Chilelli, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986425. Donna Bishop, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 986426. Milton G. Collins, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 986427. David Michael Reinhardt, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986428. Leroy Peterson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986429. Joel William Bayless, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986439. Donald Wardrick, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 9893. Robert Rubin, Secretary of the Treasury, et al., Petition- ers v. United States, through the Independent Counsel. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Dissenting opinion by Justice Ginsburg. Dissenting opinion by Justice Breyer. No. 98222. Terry L. Stewart, Director, Arizona Department of Cor- rections, Petitioner v. Michael Emerson Correll. 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. 98237. Robertson, Stephens & Company, Petitioner v. Tonyja Duffield. Motion of Securities Industry 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 Ninth Circuit denied. No. 98316. Office of the President, Petitioner v. Office of Independ- ent Counsel. Motion of petitioner for leave to file unredacted appendix

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MONDAY, NOVEMBER 9, 1998 273 under seal granted. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Dissent- ing opinion by Justice Breyer, with whom Justice Ginsburg joins. No. 98376. Warner Jackson, et al., Petitioners v. John T. Benson, et al. Motion of National School Boards Association for leave to file a brief as amicus curiae granted. Petition for writ of certiorari to the Su- preme Court of Wisconsin denied. Justice Breyer would grant certiorari. Habeas Corpus Denied No. 986416. In Re Lamont Seward, Petitioner; No. 986469. In Re Dwight T. Beazley, Petitioner; No. 986470. In Re Rodney Burch, Petitioner; and No. 986489. In Re Jim Henry Ball, Jr., Petitioner. Petitions for writs of habeas corpus denied.

Rehearings Denied No. 978139. Elijah Karriem, Petitioner v. United States, et al.; No. 979198. J. D. Gleaton, Petitioner v. Michael W. Moore, Director, South Carolina Department of Corrections, et al.; No. 979264. Larry Gilbert, Petitioner v. Michael W. Moore, Direc- tor, South Carolina Department of Corrections, et al.; No. 979593. John Paul Turner, Petitioner v. United States, et al.; No. 9817. In Re Eileen Vey, Petitioner; and No. 985597. Charles Crehore, Petitioner v. United States. Petitions for rehearing denied.

Attorney Discipline No. D1941. In the Matter of Disbarment of Richard Laurence Huber. Disbarment order entered. No. D1973. In the Matter of Disbarment of Fredrick S. Falick. Dis- barment order entered. No. D2008. In the Matter of Disbarment of Theron Monroe Moore. Theron Monroe Moore, of Norcross, 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. D2009. In the Matter of Disbarment of Michael Anthony Glean. Michael Anthony Glean, of Smyrna, Georgia, is suspended from the practice of law in this Court, and a rule will issue, returnable within

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274 MONDAY, NOVEMBER 9, 1998 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

Alfred E. Abbey Nashville, TN Thomas H. Peebles, III Gail Vaughn Ashworth Nashville, TN C. J. Gideon, Jr. Linda Baer Englewood, NJ Ken Robert Springer Thomas S. Biemer Philadelphia, PA Steven Lewis Friedman Michael Robert Blumenthal Cleveland, OH Leon M. Plevin Dwight Timothy Born Evansville, IN Carl Anton Heldt, III Mary Olert Boyd Nashville, TN Joseph Micajah Boyd, Jr. James Sidney Bramell Nashville, TN William Donnell Young, Jr. Joseph Patrick Brine, Jr. Boston, MA Anne F. McDonough Thomas Christian Visalia, CA Daniel W. Crowe Brodersen Laurin E. Bryant Tampa, FL William F. Jung Timothy Carstarphen Montgomery, AL Clement Clay Burgess Torbert, Jr. Andrew B. Campbell Nashville, TN Harris A. Gilbert William Tompkins Cheek, Nashville, TN Martha Craig III Daughtrey Fred Charles Crawford Arlington, VA James W. Zirkle John Michael Crochet Lake Charles, LA James J. Cox Frank J. Daily Milwaukee, WI Griffin B. Bell Norman T. Daniels, Jr. Charleston, WV Charles W. Loeb Michael D. Dean Milwaukee, WI Clint Bolick John Henry Distin Rocky River, OH Glenn Melvin Young Andra Todd Dreyfus Clearwater, FL Fred Wallace Pope, Jr.

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MONDAY, NOVEMBER 9, 1998 275

Applicant City and State Movant Nan Roberts Eitel New Orleans, LA Robert Patrick Vance Bryan Essary Nashville, TN C. J. Gideon, Jr. John Franklin Floyd Nashville, TN Michael E. Evans Sandra Liss Friedman New York, NY Rufus E. Jarman, Jr. Craig V. Gabbert, Jr. Nashville, TN Glenn B. Rose James E. Garvey Eau Claire, WI Frederick W. Fischer William Warren Gibson Nashville, TN Harris A. Gilbert Elizabeth Gill New York, NY Marguerite A. Grays Neil Keith Gilman Washington, DC Walter Dellinger Virginia Weichert Gundlach New Orleans, LA Robert Patrick Vance Robert Arthur Guy, Jr. Nashville, TN Joseph Addison Woodruff Scott W. Hardt Denver, CO Donald Salcito Jonathan Harwell Nashville, TN Glenn B. Rose D. Jefferson Herring Nashville, TN Hampton Stennis Little, Jr. Leesa A. Hinson Nashville, TN James F. Neal Barbara D. Holmes Nashville, TN Glenn B. Rose Mark E. Hunt Nashville, TN Alan L. Marx Sharon O. Jacobs Nashville, TN Harris A. Gilbert Matthew D. Jenkins Richmond, VA Lewis Thomas Booker Jeannie S. Kang New York, NY Moses Silverman John B. Keating Woodside, CA Brian Beckwith Joseph Allen Kelly Nashville, TN Glenn B. Rose Phyllis J. Kirwin Fridley, MN John L. Kirwin Kenneth F. Kirwin St. Paul, MN John L. Kirwin Linda Carver Whitlow Nashville, TN Glaud Rhea Bucy Knight E. Clifton Knowles Nashville, TN Robert J. Walker Craig Alan Laidig Los Angeles, CA Albert Ivan Moon, Jr.

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276 MONDAY, NOVEMBER 9, 1998

Applicant City and State Movant Melissa Wimberley Larsen Huntsville, AL Roderic G. Steakley John William Lewis Nashville, TN Harris A. Gilbert John Jay Matchulat Nashville, TN Alan L. Marx J. Graham Matherne Nashville, TN Harris A. Gilbert Laura K. McAvoy Oxnard, CA Robert Lawson Compton William Neal McBrayer Nashville, TN Thomas H. Peebles, III Paige Waldrop Mills Nashville, TN Harris A. Gilbert Marilyn Ann Monahan Los Angeles, CA Sheldon Ross Emmer Patrick B. Mosley Amarillo, TX A. W. SoRelle, III Barbara J. Moss Nashville, TN Cyrus L. Booker Dana Nora Mumey Denver, CO Rolf Gunnar Asphaug Daniel Lynch Nolan, Jr. Clarksville, TN William Timothy Harvey Robert D. Null South Bend, IN Allen Robert Stout Michael D. Oesterle Nashville, TN R. Eddie Wayland Robert Orr, Jr. Nashville, TN Ed R. Davies Stewart Foster Peck New Orleans, LA Scott R. Wheaton, Jr. William L. Penny Nashville, TN Harris A. Gilbert Guillermo Amable Pernas, Tampa, FL William A. Gillen Jr. Jeffrey Linn Peterson Nashville, TN Robert L. Estes Thomas James Phalen Phoenix, AZ Cornelius Joseph O'Driscoll Andrew J. Pulliam Nashville, TN Andree Kahn Blumstein Eric John Purchase Erie, PA Dale Edwin Huntley Jesus Eduardo Quinonez Los Angeles, CA Leo Geffner John Thomas Reese Nashville, TN Michael E. Evans Philip Michael Richardson Nashville, TN Robert B. Littleton Gary H. Ritchey Palo Alto, CA Frederick David Baron

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MONDAY, NOVEMBER 9, 1998 277

Applicant City and State Movant Robert M. Ross Calabasas, CA Patrick Stephen Smith Denyse Sabagh Washington, DC Isabelle Sheila Slocum Hollis Bruce Anthony Saunders Nashville, TN Richard Hovey Dinkins John Michael Scannapieco Nashville, TN Peter Harwood Curry Donald H. Scharg Bloomfield Hills, Steven J. Fishman MI Mary Martha Schill Houston, TX Gus August Schill, Jr. David V. Scott New Albany, IN Bruce J. McKee Susan Simmons Seemiller Oxnard, CA Robert Lawson Compton David Boies Sharpe New Orleans, LA David James Sharpe Stephen V. Siana Exton, PA Jeffrey Patterson Lewis Robert Keith Siegel Huntington Noah Eliezer Woods, MI Yanich Joel Howard Spitz Chicago, IL Mary Margaret Moore Marie Kimberly Stagg Nashville, TN Aleta Grillos Arthur Michael Kent Stagg Nashville, TN Maclin P. Davis, Jr. Michael L. Stern Washington, DC Richard P. Bress Jeffrey T. Stewart Bloomfield Hills, Paul Allen Rosen MI Mark Raymond Strickland Orange, NJ Maurice R. Strickland Susan I. Strong Lincoln, NE Richard P. Matsch Bernard Glen Stutler Knoxville, IL Lyle W. Allen Shawn M. Sullivan Evansville, IN Carl Anton Heldt, III Jerry W. Taylor Nashville, TN Harris A. Gilbert Michael John Tibbs Pekin, IL James R. Morrison Daniel C. Todd Nashville, TN Michael E. Evans

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278 MONDAY, NOVEMBER 9, 1998

Applicant City and State Movant Robert L. Tolomeo Stratford, CT Neil Howard Cogan Robert A. Ungaro New York, NY Daniel Wolf James R. Walczak Erie, PA Roger H. Taft Christopher John Wheeler Angola, IN Allen Robert Stout Mark A. Wielga Denver, CO Donald Salcito Beth Ann Wilkinson Washington, DC Richard P. Bress Patricia Kay Hill Woodring Evansville, IN Carl Anton Heldt, III Roger William Yoerges Washington, DC John H. Pickering

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

Janice Rachel Lachance Alexandria, VA Lorraine Pratte Lewis Robert Craig Nissen Washington, DC Jeffrey T. Green Jack Russell St. Arnold Dunedin, FL Edward W. Hummers, Jr. James R. Stearns Dunedin, FL Edward W. Hummers, Jr. William J. F. Bell Fairless Hills, PA Herbert Karl Sudfeld, Jr. J. Todd Buckley Savarese Doylestown, PA Herbert Karl Sudfeld, Jr. John F. Cordisco Bristol, PA Herbert Karl Sudfeld, Jr. David Edward Davis Holland, PA Herbert Karl Sudfeld, Jr. Scott Leonard Feldman Doylestown, PA Herbert Karl Sudfeld, Jr. Randall C. Flager Trevose, PA Herbert Karl Sudfeld, Jr. Dianne Cahoon Magee Doylestown, PA Herbert Karl Sudfeld, Jr. Richard D. Magee, Jr. Doylestown, PA Herbert Karl Sudfeld, Jr. Christopher J. Serpico Doylestown, PA Herbert Karl Sudfeld, Jr.

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MONDAY, NOVEMBER 9, 1998 279

Applicant City and State Movant Theresa Mogavero Bristol, PA Herbert Karl Simmons Sudfeld, Jr. David John Sowerbutts Bristol, PA Herbert Karl Sudfeld, Jr. Rea Boylan Thomas Doylestown, PA Herbert Karl Sudfeld, Jr. Jill Marla Vogenberg Doylestown, PA Herbert Karl Sudfeld, Jr. Kristina Suzanne Warminster, PA Herbert Karl Wiercinski Sudfeld, Jr. Edward M. Wild Doylestown, PA Herbert Karl Sudfeld, Jr. Steven Edward Wolfe Bucks County, PA Herbert Karl Sudfeld, Jr.

Oral Arguments No. 971184. National Federal 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. Argued by Mr. David M. Smith for the petitioner in No. 97-1243, by Mr. Gregory O'Duden for the petitioner in No. 97-1184, and by Mr. Irving L. Gornstein for the respondents. No. 977164. Francois Holloway, aka Abdu Ali, Petitioner v. United States. Argued by Mr. Kevin J. Keating, appointed by this Court, for the petitioner and by Ms. Barbara D. Underwood for the respondent.

Adjourned until Tuesday, November 10, 1998, at 10 o'clock.

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(JOURNAL) TUESDAY, NOVEMBER 10, 1998 281 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 Emertio G. Roa, III Arlington, VA Domingo Lino Ordoveza Ann May Moore Trumbull, CT Mario F. Dottori Gail Sara Stern New Haven, CT Mario F. Dottori Peter John Koulikourdis Hackensack, NJ Mario F. Dottori Jack Robert DeGiovanni, Jr. Cranston, RI Mario F. Dottori Carl Gregory Bryan Augusta, GA Gail Stebbins Edward L. Speese Augusta, GA Gail Stebbins Roy D. Tritt Augusta, GA Gail Stebbins William Byrd Warlick Augusta, GA Gail Stebbins Richard Edwin Miley North Augusta, Gail Stebbins SC

Oral Arguments No. 97475. El Al Israel Airlines, Ltd., Petitioner v. Tsui Yuan Tseng. Argued by Ms. Diane W. Wilson for the petitioner, by Mr. Jona- than E. Nuechtherlein for the United States as amicus curiae, by spe- cial leave of the Court, and by Mr. Robert H. Silk for the respondent. No. 971472. Michael A. Haddle, Petitioner v. Jeanette G. Garrison, et al. Argued by Mr. Charles C. Stebbins, III, for the petitioner, by Mr. Matthew D. Roberts for the United States as amicus curiae, by special leave of the Court, and by Mr. Phillip A. Bradley for the respondents.

Adjourned until Monday, November 16, 1998, at 10 o'clock.

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(JOURNAL) MONDAY, NOVEMBER 16, 1998 283 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice O'Connor, Justice Scalia, 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."

Orders In Pending Cases No. M28. Melvin Dawson, Petitioner v. Dennis Bailey, State Trooper, Colbert County, Alabama, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M29. Steve Rudolph Gelis, Petitioner v. United States. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M30. Sea Air Shuttle Corporation, Petitioner v. United States. Motion to direct the Clerk to file a petition for writ of certiorari out-of- time denied. No. 977597. Patrick Knowles, Petitioner v. Iowa. Motion for ap- pointment of counsel granted, and it is ordered that Paul Rosenberg, Esquire, of Des Moines, Iowa, is appointed to serve as counsel for the petitioner in this case under Rule 39.6 of the Rules of this Court. No. 98286. Burton L. Fish, Petitioner v. Marsh, Spaeder, Baur, Spaeder & Schaaf, et al. Motion of respondents for damages and costs denied. No. 98512. Anita Davis, Lee Harris, LaFaye Denise Birch, Malachi Andrews, and Kim T. Lyles, Petitioners v. Lawton Chiles, Governor of Florida, et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

Certiorari Granted No. 972048. William D. O'Sullivan, Petitioner v. Darren Boerckel. 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 granted limited to the following question: May an individual who is in custody pursuant to a state criminal conviction pursue claims in a federal habeas petition if those claims were not raised on direct appeal in a petition for discretionary review to the state's highest court?

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284 MONDAY, NOVEMBER 16, 1998 No. 98223. Florida, Petitioner v. Tyvessel Tyvorus White. Motion of respondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the Supreme Court of Florida granted. No. 98262. Perry Johnson, et al., Petitioners v. Everett Hadix, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit granted limited to the following questions: 1. Whether, in litigation pending on the effective date of the Prison Liti- gation Reform Act, the attorney fee provision of PLRA Sec. 803(d), 42 U. S. C. Sec. 1997e(d), applies to fees awarded after the Act's effective date for services rendered after that date. 2. Whether, in such litiga- tion, this fee provision applies to fees awarded after the Act's effective date for services rendered before that date.

Certiorari Denied No. 971993. Sun Drilling Products Corporation, et al., Petitioners v. Jerry J. Rayborn, Sr. Petition for writ of certiorari to the Court of Appeal of Louisiana, Fourth Circuit, denied. No. 98105. Mirtha Urbano, Petitioner v. Continental Airlines, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 98200. Kenneth Harper, Daniel Gomez, Abraham Del Carmen, and Brian Russell, Petitioners v. Blockbuster Entertainment Corpora- tion, etc. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 98272. Norfolk Southern Corporation, etc., et al., Petitioners v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 98279. Diane Young, et al., Petitioners v. Lockheed Advanced Development Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98295. Scott Carter, Petitioner v. Daniel J. Good, Individually and in his Official Capacity as Sheriff of Rutherford County, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 98309. Ebrahim Hanifi and Gulagha Sultan, Petitioner v. Motor Club of America Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 98391. Gerald Gee, Petitioner v. Florida and Board of Regents of Florida. Petition for writ of certiorari to the District Court of Ap- peal of Florida, First District, denied.

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MONDAY, NOVEMBER 16, 1998 285 No. 98397. Citizens for Clean Government, Petitioner v. Ron Rus- sell, et al.; and No. 98399. Troy Burris, Chairperson, Arkansas Ethics Commission, et al., Petitioners v. Ron Russell, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 98430. Parent-Guardian Association of Arlington Develop- mental Center, Petitioner v. People First of Tennessee, etc., et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 98431. Adan Melendez, et ux., Petitioners v. City of Los Angeles. Petition for writ of certiorari to the Court of Appeal of Cali- fornia, Second Appellate District, denied. No. 98432. Nick Parrino, Administrator of the Estate of Stephen Frank Parrino, Deceased, and Successor to Steve Parrino, Petitioner v. FHP, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98446. Frank B. Carabello, Petitioner v. Supreme Court of Ken- tucky, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 98454. City of Cincinnati, et al., Petitioners v. John R. Kruse, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 98463. Yvonne Tse, et al., Petitioners v. Mirage Casino-Hotel. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98464. Town of Trenton, Petitioner v. Lounge Management, Ltd. Petition for writ of certiorari to the Supreme Court of Wisconsin denied. No. 98466. Jerome Martin, Petitioner v. Kentucky State Police, et al. Petition for writ of certiorari to the Supreme Court of Kentucky denied. No. 98471. John C. Norton, Petitioner v. Sam's Club, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 98474. Gerald J. Van Gemert, et al., Petitioners v. Drew Ladick. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 98478. Miriam Donner, Petitioner v. Charles Donner, Deceased. Petition for writ of certiorari to the District Court of Appeal of Flor- ida, Fourth District, denied.

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286 MONDAY, NOVEMBER 16, 1998 No. 98493. David L. Smith, Petitioner v. Supreme Court of Colo- rado. Petition for writ of certiorari to the Supreme Court of Colorado denied. No. 98498. James L. Hooper, Petitioner v. Perrino, Dolinsky, Kar- esh, Withrow, Juarbe & Baier, M. D., P. A., et al. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied. No. 98509. Candace L. Cooper and Glenn H. Martin, Petitioners v. North Carolina, etc. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 98515. Jacqueline J. Miller-Wagenknecht, Petitioner v. Village of Doylestown, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 98526. Raul Valentin, Petitioner v. G. Thomas Gates, Judge, Court of Common Pleas, Lebanon County, Pennsylvania, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 98532. Continental Maritime of San Diego, Inc., Petitioner v. James Lenane. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. No. 98538. Mary Drexler, Former Sheriff of Tazewell County, and Ralph Hodgson, Sheriff of Tazewell County, Petitioners v. Robert Lick- iss. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 98550. Kahleen Kazanjian, Petitioner v. Anniston City Board of Education, Paul Goodwin, and Cornell Howard. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 98558. Dale Furby, Petitioner v. United Auto Workers and Ch- rysler Corporation. Petition for writ of certiorari to the Court of Ap- peals of Michigan denied. No. 98560. Michael H. Lapidus, Petitioner v. James K. Hahn, Indi- vidually and as Los Angeles City Attorney, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98592. Wayne King, Petitioner v. Charles Beavers. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 98596. John H. Babigian, Petitioner v. Committee on Profes- sional Standards, Third Judicial Department. Petition for writ of cer-

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MONDAY, NOVEMBER 16, 1998 287 tiorari to the Appellate Division, Supreme Court of New York, Third Judicial Department, denied. No. 98599. Fred Davis and Gertrude Davis Gorod, Petitioners v. Edith Tabachnick. Petition for writ of certiorari to the Supreme Judi- cial Court of Massachusetts denied. No. 98604. Felix Santiago, Petitioner v. Massachusetts. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied. No. 98611. County of San Diego, et al., Petitioners v. Louis Schnei- der. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 98615. Rose Ann Young, Petitioner v. Louis Caldera, Secretary of the Army. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 98626. Billy Mel Alford, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 98639. Edward Lesoon, Petitioner v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 98646. John H. Payne, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 98664. Robert Jack Mills, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985113. Charles Douglas Raby, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 985248. Roger Dale Jones, Petitioner v. United States; No. 985424. Cynthia Dodson, Petitioner v. United States; and No. 985725. Timothy Bakhari Motley, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985318. Dennison Etsitty, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985341. Daniel Howard Cain, 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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288 MONDAY, NOVEMBER 16, 1998 No. 985350. Voyd B. Burger, Petitioner v. Masters, Mates & Pilots Union, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985656. Michael L. Hood, Petitioner v. James Helling, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied. No. 985748. Troy Dale Farris, 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. 985827. James Lee Henderson, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 985953. Darrell A. Link, Petitioner v. Production Credit Asso- ciation. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 985954. Maurice J. McDonald, Petitioner v. Bob Miller, Gover- nor of Nevada, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985969. Steven Howard Oken, Petitioner v. Maine. Petition for writ of certiorari to the Supreme Judicial Court of Maine denied. No. 985983. Richard W. Hutchison, 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. 985984. Terry Lynn Haines, Petitioner v. Patricia Terrangi, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985985. Mars L. Gore, Petitioner v. The Enterprise. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985987. Travis Dale Gray, 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. 985988. Joseph E. Skipper, Petitioner v. Etowah County De- partment of Human Resources, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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MONDAY, NOVEMBER 16, 1998 289 No. 985989. Asadi Shamsideen, Petitioner v. Texas, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985991. Robert R. Prunte, Petitioner v. Walt Disney Company, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. No. 985992. Vernetta Steele, Petitioner v. County of Los Angeles, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 985994. Wayne E. Link, Petitioner v. City of Columbus, Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Franklin County, denied. No. 986000. Donald Aragon, Petitioner v. John Shanks, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 986001. Danny Lee Barber, 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. 986003. Bruce White, 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. 986008. Johnnie Jones and Harvella Jones, Petitioners v. Texas. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986009. Valentine Birds, Petitioner v. Roderick Garcia, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 986010. Mariano C. Collazo, 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. 986026. William R. Gribble, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Western District, denied. No. 986032. John E. Judge, Petitioner v. Jeffrey J. Carter, et al. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

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290 MONDAY, NOVEMBER 16, 1998 No. 986038. Archie Lee Billings, Petitioner v. North Carolina. Peti- tion for writ of certiorari to the Supreme Court of North Carolina denied. No. 986042. Frances Thompson, Petitioner v. Board of Regents of the University of Nebraska at Lincoln. Petition for writ of certiorari to the Court of Appeals of Nebraska denied. No. 986049. Douglas Charles Shaffer, Petitioner v. James L. Saffle, Director, Oklahoma Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Cir- cuit denied. No. 986051. Jan Elmira Ogilvie, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. No. 986053. Nathan Gordan Butterfield, Petitioner v. Service Em- ployees International Union, Local 28, et al. Petition for writ of certio- rari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 986057. Richard M. Cross, Petitioner v. Placer County Superior Court. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986058. John Burney, Petitioner v. Billy Thompkins, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986061. Joseph Reed, Petitioner v. Wayne Scott, Executive Di- rector, Texas Department of Criminal Justice. Petition for writ of cer- tiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986062. Kenneth B. Quarterman, Petitioner v. Harris Lewis, Judge, Probate Court of Chatham County, Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. No. 986064. Thomas D. Stanton, Petitioner v. John Husz, et al. Peti- tion for writ of certiorari to the Court of Appeals of Wisconsin, District IV, denied. No. 986071. Anthony F. Johnson, 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. 986073. Matthew Joseph Sikora, Jr., Petitioner v. Robert Hous- ton, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

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MONDAY, NOVEMBER 16, 1998 291 No. 986082. Shelton Paul Randle, Petitioner v. Texas. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986086. Vernon Madison, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. No. 986088. Elbert S. Carver, Petitioner v. Nevada. Petition for writ of certiorari to the Supreme Court of Nevada denied. No. 986090. Joseph Wayne Campbell, Petitioner v. Alabama. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Ala- bama denied. No. 986092. Van Johnson, Petitioner v. Indiana. Petition for writ of certiorari to the Court of Appeals of Indiana, First District, denied. No. 986095. James E. Diggs, Petitioner v. George P. Hall, et al. Petition for writ of certiorari to the District of Columbia Court of Ap- peals denied. No. 986101. Maria Hill, Petitioner v. John A. Burdick, Jr., Chapter 7 Trustee, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 986104. Georgette Kido, Petitioner v. Hawaii. Petition for writ of certiorari to the Supreme Court of Hawaii denied. No. 986106. Pedro Gomez, Petitioner v. Eastland County, Texas, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986121. Larry Mack, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 986144. Wayne Carl Nicolaison, Petitioner v. David Doth, Com- missioner of Human Services of Minnesota. Petition for writ of certio- rari to the Court of Appeals of Minnesota denied. No. 986216. Rex Layne Millender, Petitioner v. Ralph Hooks, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986258. Roger Conrad Lara, Petitioner v. Iowa. Petition for writ of certiorari to the Supreme Court of Iowa denied. No. 986265. William F. Hachmeister, Petitioner v. Department of Defense. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 986287. Raymond P. Vinnie, Petitioner v. Massachusetts. Peti- tion for writ of certiorari to the Supreme Judicial Court of Massachu- setts denied.

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292 MONDAY, NOVEMBER 16, 1998 No. 986294. George Jordan, Petitioner v. Maine. Petition for writ of certiorari to the Supreme Judicial Court of Maine denied. No. 986298. Willie Jacobs, Petitioner v. Ronald D. Edwards, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 986300. Lal M'Malani, Petitioner v. Newport News Shipbuild- ing and Dry Dock Company. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986305. Bob Brightwell, Petitioner v. Kenneth D. Kyler, Super- intendent, 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. 986323. George Carter, Petitioner v. Frank X. Hopkins, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied. No. 986333. Scott Ethan Kahl, Petitioner v. Maryland. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied. No. 986335. Charles Y. Thompson, Sr., Petitioner v. Massachusetts. Petition for writ of certiorari to the Supreme Judicial Court of Massa- chusetts denied. No. 986345. Johnny Ray Presley, Petitioner v. Thomas F. Page, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 986349. Kenneth Randall Withers, 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. 986361. William F. Hurt, Petitioner v. Indiana. Petition for writ of certiorari to the Court of Appeals of Indiana, First District, denied. No. 986362. Charles Edward Shepherd, Petitioner v. Illinois Human Rights Commission. Petition for writ of certiorari to the Appel- late Court of Illinois, First District, denied. No. 986368. David Arthur Bradvica, Petitioner v. Sherman Block, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 986415. Ranking Smith, 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, NOVEMBER 16, 1998 293 No. 986423. Elbert Mack, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 986433. Paul D. Rutherford, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986434. Dennis M. Rockot, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 986436. James C. Segers, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986438. Carlos D. Stinnett, Jr., Petitioner v. North Carolina. Petition for writ of certiorari to the Court of Appeals of North Caro- lina denied. No. 986441. Scott Brian Tremblay, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986442. William D. Young, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 986444. Garland E. Walton, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 986445. Namond Earl Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986447. Marvin Earl Williams, Petitioner v. North Carolina. Petition for writ of certiorari to the Superior Court of North Carolina, Wayne County, denied. No. 986449. Ray Menn, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986450. John Michael McCarthy, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986454. Valery Novak, 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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294 MONDAY, NOVEMBER 16, 1998 No. 986457. Anton Fabian Stevens, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 986459. Massood Danesh Pajooh, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986462. David Aslani, Petitioner v. Detroit Public Library, et al. Petition for writ of certiorari to the Court of Appeals of Michigan denied. No. 986471. Lionel Cureaux, Sr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986475. James Stephen Jones, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986480. Michael Lancellotti, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986502. Earl R. Hall, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 986503. William Marshon Griffin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 986504. Leonel Garcia, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 986507. James Michael Dugan, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 986512. Eduardo Gonzalez-Mendez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986545. Andrea R. Brown, Petitioner v. City of Little Rock, Arkansas, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 986596. Arzo Barbaro, Petitioner v. Raymond J. Colleran, Act- ing Superintendent, State Correctional Institution at Waymart, et al.

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MONDAY, NOVEMBER 16, 1998 295 Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 972057. James Arthur Danner, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied. Dis- senting opinion by Justice Scalia, with whom Justice Thomas joins. No. 98162. R. E. Williams and City of Erie Police Department, Petitioners v. Darryl Byrd. 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 denied. No. 98193. Consolidated Rail Corporation, Petitioner v. Edward L. Wicker, Sr., Samuel D. Weaver, Thomas E. Kleiner, John McKee, and John Kaltenbrunner. Motion of Association of American Railroads 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. 98289. Katherine M. Hendon, Administrator of the Estate of Martha Mayberry, Deceased, Petitioner v. E. I. duPont de Nemours and Company, and Jake Fuller. 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. 98424. National Solid Waste Management Association, Peti- tioner v. Charles W. Williams, Commissioner, Minnesota Pollution Con- trol Agency, et al. Motion of BFI Waste Systems of North America 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 Eighth Circuit denied. Common Law Certiorari Denied No. 986577. In Re Robert Breest, Petitioner. Petition for writ of certiorari denied. Justice Souter took no part in the consideration or decision of this petition.

Habeas Corpus Denied No. 986551. In Re Richard Orville Burgess, Petitioner; No. 986561. In Re Richard F. Everhart, Petitioner; and No. 986646. In Re Fernando Perez Bustillo, Petitioner. Petitions for writs of habeas corpus denied.

Mandamus Denied No. 985922. In Re Willie Jefferson, Petitioner;

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296 MONDAY, NOVEMBER 16, 1998 No. 986023. In Re Edward Smith, Petitioner; No. 986067. In Re Joe Daniel Woodard, Jr., Petitioner; and No. 986383. In Re James Peter Kyricopoulos, Petitioner. Petitions for writs of mandamus denied. No. 98467. In Re William H. Viehweg, Petitioner. Petition for writ of mandamus and/or prohibition denied.

Rehearings Denied No. 971910. Marilyn Ziemke, et al., Petitioners v. Shalom Almog, et ux., et al.; No. 972004. National Collegiate Athletic Association, Petitioner v. Norman Law, et al.; and National Collegiate Athletic Association, Peti- tioner v. Norman Law, et al.; No. 972008. Wen-Chouh Lin, Petitioner v. Anita C. S. Lin; No. 972060. Eugene H. Gaddis, Petitioner v. Sharon H. Gaddis; No. 972066. Manoutchehr Yadegar, Petitioner v. Maria Saperstein Yadegar, et al.; No. 978681. Gerald James Holland, Petitioner v. Mississippi; No. 979177. Maria N. Tudorov, Petitioner v. Lucia Colazo; No. 979192. William Blount, Sr., Petitioner v. United States; No. 979238. Keith D. Limehouse, Petitioner v. Red Lobster, Inc.; No. 979354. Michael Joe Boyd, Petitioner v. Tennessee; No. 979682. Monica King, Petitioner v. Superior Court of New Hampshire, Rockingham County; No. 9834. Nelson Fernandes, Petitioner v. Environmental Protec- tion Agency, et al.; No. 98213. Solomon J. Upshaw, Petitioner v. Jeffrey M. Bond, et al.; No. 985147. Lawrence M. Weiswasser, Petitioner v. Cal Terhune, Director, California Department of Corrections, et al.; No. 985200. Augustus T. Capers, Jr., Petitioner v. TCI of Northern New Jersey, Inc.; No. 985227. William Earl Cunningham, Petitioner v. J. Kent, et al.; No. 985319. Frizelle L. Aguilar Riley Ozmen, Petitioner v. New Mexico; No. 985328. Thomas Twiddy, Petitioner v. City of Healdsburg, Cali- fornia, et al.; No. 985461. Robert G. Curtis, Petitioner v. Philip Parker, War- den; and No. 985700. Charles Williamson, Jr., Petitioner v. Donna E. Shalala, Secretary of Health and Human Services. Petitions for rehearing denied.

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MONDAY, NOVEMBER 16, 1998 297 No. 972038. In Re Charles Raymond Crowell, Petitioner. Motion of petitioner for leave to proceed further in forma pauperis granted. Pe- tition for rehearing denied. Attorney Discipline No. D1970. In the Matter of Disbarment of Phillip Kurtz. Disbar- ment order entered. No. D2010. In the Matter of Disbarment of Bruce Charles Bereano. Bruce Charles Bereano, of Annapolis, 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. D2011. In the Matter of Disbarment of William Alfred Wechs- ler. William Alfred Wechsler, of Hartford, 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. D2012. In the Matter of Disbarment of Hirsch Friedman. Hir- sch Friedman, 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. No. D2013. In the Matter of Disbarment of Robert L. Rehberger. Robert L. Rehberger, of Forsyth, Georgia, 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. D2014. In the Matter of Disbarment of Harvey D. Myerson. Harvey D. Myerson, 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 Leslie T. Annexstein Washington, DC Todd Anthony Cox David Stephen Baker Kansas City, MO E. Wayne Taff Ann Catherine Barron Belleville, IL Thomas W. Alvey, Jr. John Joseph Barry Fairfax, VA John G. Gill, Jr.

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298 MONDAY, NOVEMBER 16, 1998

Applicant City and State Movant Jeffrey W. Brend Lombard, IL Stephen R. Swofford Michael Anderson Brewer Pineville, LA Henry Howard Lemoine, Jr. Jack L. Brown Tulsa, OK Jerome J. Shestack Jeffrey John Buckels Albuquerque, NM Philip Bradley Davis Thomas J. Budzynski Clinton Twsp, MI Barbara Rom Ellen Sullivan Casey Santa Fe, NM Nancy S. Cusack Peter Stephen Cleary Chicago, IL George M. Morrissey John P. Cooney, Jr. New York, NY James W. B. Benkard Jacqueline Gerson Cooper McLean, VA Carter G. Phillips Ellen Frances Coughlin Nashville, TN Joseph A. Woodruff Michael A. Cox Portland, OR Richard L. Grant Cynthia Christine Sweets Little Rock, AR Thomas Milton Dawson Carpenter William Vern Dunlap Woodbridge, CT Terence Howard Benbow Samia Fam Washington, DC James William Klein Robert J. Farley Baltimore, MD Jonathan Schochor Philip C. Federico Baltimore, MD Jonathan Schochor Stephen G. Froehle Minneapolis, MN Randy V. Thompson Kendra Gowdy Gjerdingen Bloomington, IN Andrew Charles Mallor Paul Grant Parker, CO Gale Ann Norton Thomas Joseph Green St. Louis, MO Bradley Alan Winters Steven Alfons Grigas Tallahassee, FL James H. Peterson, III Geoffrey M. Grodner Bloomington, IN Andrew Charles Mallor D. Timothy Huey Columbus, OH Max Kravitz Brooks L. Iler San Diego, CA Janice Ryan Mazur

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MONDAY, NOVEMBER 16, 1998 299

Applicant City and State Movant Dennis Eugene Jones Lebanon, VA Matthew Joseph Cody, Jr. Jeffrey Douglas Keiner Orlando, FL John Michael Brennan Leonard H. Kesten Boston, MA Richard Eric Brody Christian Andre´-Albert McLean, VA Anthony John Klein Obadal Jack Alan Kramer Merrillville, IN William F. Satterlee, III James T. Lee Bunkie, LA Charles Addison Riddle, III Gregory G. Luke Boston, MA John Christopher Bonifaz Joseph Maddaloni, Jr. Newark, NJ Lawrence S. Lustberg William Anthony Magliano Bronx, NY Leonard Steven Silverman Landon Parnell Miller Naples, FL Arthur L. Wallace, III Craig Stuart Nelson San Diego, CA Gary W. Schons Laura Jean Neubauer Brooklyn, NY Jeanne M. Hammock S. Barry Paisner Santa Fe, NM Andrew Joseph Cloutier Mary Joyce Pavel Shelton, WA William R. Perry Perry R. Sanders, Jr. Lake Charles, LA James J. Cox Colleen A. Scherkenbach Phoenix, AZ W. Stuart Parsons Gregory L. Schuck Birmingham, AL Robert M. Girardeau Eric W. Schwartz Norfolk, VA Claude Meredith Hilton Joseph C. Tanski Boston, MA John D. Hughes Hiroyuki Tezuka Tokyo, Japan Christopher Hanna Lunding D. Alan Thomas Birmingham, AL Eugene D. Martenson

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300 MONDAY, NOVEMBER 16, 1998

Applicant City and State Movant David H. Thompson Washington, DC Charles Justin Cooper Kelly Dean Utsinger Amarillo, TX A. W. SoRelle, III L. Charles Van Cleef Tyler, TX Jon R. Farrar Nancy A. Vincent Nashville, TN Harris A. Gilbert Henry T. Vogt, III St. Louis, MO Robert Ciuffa M. Joan Warren St. Paul, MN Gregory L. Wilmes Michael Mei-Hsung Wu San Francisco, CA Gary D. Berger Opinion No. 97889. Ceasar Wright, Petitioner v. Universal Maritime Service Corporation, et al. On writ of certiorari to the United States Court of Appeals for the Fourth Circuit. Judgment reversed, and case remanded to the United States Court of Appeals for the Fourth Circuit for fur- ther proceedings in conformity with the opinion of this Court. Opinion by Justice Scalia.

Admissions to the Bar on Oral Motions Applicant City and State Movant Gary R. Gregory San Francisco, CA Joan Gottesman Wexler Jay B. Cutler Washington, DC Joan Gottesman Wexler George Frederick McCray Washington, DC Joan Gottesman Wexler Dennis Sheldon Gold Naples, FL Joan Gottesman Wexler Martin Jacobson East Brunswick, Joan Gottesman NJ Wexler Leslie Allan New York, NY Joan Gottesman Wexler Rachel L. Arfa New York, NY Joan Gottesman Wexler David Aronson New York, NY Joan Gottesman Wexler Ronni Lynn Arougheti New York, NY Joan Gottesman Wexler Madelaine R. Berg New York, NY Joan Gottesman Wexler

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MONDAY, NOVEMBER 16, 1998 301

Applicant City and State Movant Charles E. Boulbol New York, NY Joan Gottesman Wexler Errol Alan Brett New York, NY Joan Gottesman Wexler Philip Celniker Buffalo, NY Joan Gottesman Wexler David Louis Cohen Kew Gardens, NY Joan Gottesman Wexler Gerald Director New York, NY Joan Gottesman Wexler Howard Lewis Dorfman Lawrenceville, NJ Joan Gottesman Wexler Irwin Engelman New York, NY Joan Gottesman Wexler John Robert Eyerman New York, NY Joan Gottesman Wexler Maxine Fass New York, NY Joan Gottesman Wexler Linda B. Feldman Brooklyn, NY Joan Gottesman Wexler Andrew Glen Finkelstein Newburgh, NY Joan Gottesman Wexler Dean K. Fong New York, NY Joan Gottesman Wexler J. Michael Fried New York, NY Joan Gottesman Wexler Mark T. Fung New York, NY Joan Gottesman Wexler David M. Gartenstein Brooklyn, NY Joan Gottesman Wexler Victor Gartenstein Belle Harbor, NY Joan Gottesman Wexler David Gerson New York, NY Joan Gottesman Wexler Marcia Goffin New York, NY Joan Gottesman Wexler Garson Kennith Goldstein Deer Park, NY Joan Gottesman Wexler Robert G. Goodman New York, NY Joan Gottesman Wexler

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302 MONDAY, NOVEMBER 16, 1998

Applicant City and State Movant Carolyn Anderson Greene Basking Ridge, NJ Joan Gottesman Wexler Ellen Hope Greiper New York, NY Joan Gottesman Wexler Marvin Katz New York, NY Joan Gottesman Wexler Steven A. Klar East Meadow, NY Joan Gottesman Wexler Jay M. Konigsberg New City, NY Joan Gottesman Wexler Frederic Z. Konigsberg Roslyn, NY Joan Gottesman Wexler Florence Elizabeth Lee Washington, DC Joan Gottesman Wexler Reuben S. Leibowitz New York, NY Joan Gottesman Wexler Stephen J. Lusthaus Brooklyn, NY Joan Gottesman Wexler Vivian A. Maese New York, NY Joan Gottesman Wexler Michael Marcus New York, NY Joan Gottesman Wexler Jules A. Martin Bayside, NY Joan Gottesman Wexler Sharon Levine Mirsky New York, NY Joan Gottesman Wexler Frederick M. Molod New York, NY Joan Gottesman Wexler Avery Eliezer Neumark New York, NY Joan Gottesman Wexler Thomas V. Ognibene Middle Village, Joan Gottesman NY Wexler Hemalee J. Patel New York, NY Joan Gottesman Wexler Joseph Potasnik Brooklyn Heights, Joan Gottesman NY Wexler David P. Redmond New York, NY Joan Gottesman Wexler Laurence Reinlieb New York, NY Joan Gottesman Wexler

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MONDAY, NOVEMBER 16, 1998 303

Applicant City and State Movant Seymour J. Reisman Roslyn, NY Joan Gottesman Wexler Bernard Riffkin Roslyn, NY Joan Gottesman Wexler Marvin I. Sameth New York, NY Joan Gottesman Wexler Alexander H. Schmidt New York, NY Joan Gottesman Wexler Robert Terrence Schmidt New York, NY Joan Gottesman Wexler Arthur Jmay Simon New York, NY Joan Gottesman Wexler Robert R. Solomon Roslyn heights, Joan Gottesman NY Wexler Marsha Lois Steinhardt Brooklyn, NY Joan Gottesman Wexler Eugene Stern Woodmere, NY Joan Gottesman Wexler Mark D. Stern Goshen, NY Joan Gottesman Wexler John Albert Tapia New York, NY Joan Gottesman Wexler Theodore E. Tsekerides New York, NY Joan Gottesman Wexler Laurence Allan Urgenson Washington, DC Joan Gottesman Wexler Jo-Anne Milch Weissbart New York, NY Joan Gottesman Wexler James W. Winslow Newburgh, NY Joan Gottesman Wexler Sherry Manning Carr Valley Forge, PA Joan Gottesman Wexler

Adjourned until Monday, November 30, 1998, at 10 o'clock.

Certiorari Denied No. 986796. Kenneth L. Wilson, Petitioner v. John Taylor, Warden. Application for stay of execution of sentence of death presented to The

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304 MONDAY, NOVEMBER 16, 1998 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.

Certiorari Denied No. 986830. Willie Earl Enoch, Petitioner v. Richard Gramley, War- den. 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.

Certiorari Denied No. 986864. Tyrone X. Gilliam, Petitioner v. Stuart O. Simms, Sec- retary, Maryland Department of Public Safety and Correctional Serv- ices. 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 Court of Appeals of Maryland denied.

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(JOURNAL) TUESDAY, NOVEMBER 17, 1998 305 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. A410. Pete Wilson, Governor of California, et al., Applicants v. United States District Court for the Northern District of California. Application to vacate the temporary restraining order entered by the United States District Court for the Northern District of California on November 16, 1998, presented to Justice O'Connor and by her referred to the Court denied.

Certiorari Denied No. 986888. Kenneth Allen McDuff, 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) MONDAY, NOVEMBER 30, 1998 307 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. M31. Margaret A. Collins, Petitioner v. Warner-Lambert Com- pany. Motion to direct the Clerk to file a petition for writ of certiorari denied. No. M32. Dennis Chan Lai, Petitioner v. United States. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M33. Jemaine Monteil Cannon, Petitioner v. Oklahoma. Motion of petitioner for leave to proceed in forma pauperis without an affida- vit of indigency executed by petitioner denied. No. 986132. Claus P. Speth, Petitioner v. New Jersey. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner allowed until December 21, 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. 986148. Edward J. Percesepe, Petitioner v. New York State Department of Labor, et al. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner allowed until December 21, 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. 986615. James E. Stafford, Petitioner v. Commissioner of Inter- nal Revenue. Motion of petitioner for leave to proceed in forma pau- peris denied. Petitioner allowed until December 21, 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. 98231. Grupo Mexicano De Desarrollo, S. A., et al., Petitioners v. Alliance Bond Fund, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit granted.

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308 MONDAY, NOVEMBER 30, 1998 Certiorari Denied

No. 978940. John Harris, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern Dis- trict, denied. No. 979329. Ronald Collins, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern Dis- trict, denied. No. 9894. Vincent Federico, Petitioner v. Paul DiPaolo, Superin- tendent, M.C.I. of Norfolk. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 98225. Michigan, et al., Petitioners v. Department of Energy, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the District of Columbia Circuit denied. No. 98276. Michael C. Delew, et al., Petitioners v. Janet Kathleen Wagner, et al.; No. 98443. Janet Kathleen Wagner, Petitioner v. Michael C. Delew, et al.; and No. 98444. Las Vegas Metropolitan Police Department, et al., Peti- tioners v. Michael C. Delew, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98296. Legal Aid Society of Hawaii, et al., Petitioners v. Legal Services Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98313. Sonny Gibson, Petitioner v. Geraldo Rivera, et al. Peti- tion for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 98315. American Re-Insurance Company, et al., Petitioners v. John P. Crawford, etc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 98320. James Bastek, et al., Petitioners v. Federal Crop Insur- ance Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 98338. Odie N. Fields, Petitioner v. Madeleine K. Albright, Sec- retary of State. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 98363. Douglas Moore and O'Neil Bradford, Petitioners v. Time Warner, Inc., 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 30, 1998 309 No. 98378. Janet B. Stone, et al., Petitioners v. North Carolina De- partment of Labor, et al. Petition for writ of certiorari to the Supreme Court of North Carolina denied. No. 98384. Department of Energy, et al., Petitioners v. Northern States Power Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 98426. City of Oxnard, et al., Petitioners v. Jennifer Jensen, Individually and as Administrator of the Estate of James Rex Jensen, Jr., Deceased, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98455. Gianelli Money Purchase Plan and Trust, Penelope Gia- nelli, Trustee, Petitioner v. ADM Investor Services, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 98465. Kansas City Southern Railway Company, Petitioner v. Darrell Darden, et al. Petition for writ of certiorari to the Court of Appeal of Louisiana, First Circuit, denied. No. 98479. Kansas City Southern Railway Company, Petitioner v. Charlotte McKenna, et al. Petition for writ of certiorari to the Circuit Court of Mississippi, Hinds County, denied. No. 98480. Comm-Care Corporation, Petitioner v. Louisiana Tax Commission, et al. Petition for writ of certiorari to the Court of Appeal of Louisiana, First Circuit, denied. No. 98482. John G. Hanlin, Petitioner v. Jerle H. Martin, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 98484. Rebel Oil Company and Auto Flite Oil Company, Inc., Petitioners v. Atlantic Richfield Company. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98487. Maritime Overseas Corporation, Petitioner v. Richard Ellis. Petition for writ of certiorari to the Supreme Court of Texas denied. No. 98489. Millicent Clesi Brodtmann, Wife of Edwood S. Brodt- mann, Deceased, et al., Petitioners v. Claude W. Duke, et al. Petition for writ of certiorari to the Court of Appeal of Louisiana, Fourth Cir- cuit, denied. No. 98490. Albert Bossley, et ux., Individually, and as Representa- tives of the Estate of Roger Arthur Bossley, Deceased, Petitioners v.

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310 MONDAY, NOVEMBER 30, 1998 Dallas County Mental Health, et al. Petition for writ of certiorari to the Supreme Court of Texas denied. No. 98491. Administrative Committee, Wal-Mart Stores, Inc. Asso- ciates Health and Welfare Plan, Petitioner v. Kimberly Speciale. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 98494. Erieview Cartage, Inc., Petitioner v. Pennsylvania Board of Finance and Revenue. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Middle District, denied. No. 98496. P. C. Films Corp., Petitioner v. MGM/UA Home Video Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 98499. Major League Umpires Association, Petitioner v. Na- tional League of Professional Baseball Clubs and American League of Professional Baseball Clubs. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 98501. Wynat Development Company, et al., Petitioners v. Board of Levee Commissioners for the Parish of Orleans. Petition for writ of certiorari to the Supreme Court of Louisiana denied. No. 98502. Sol Slotnik and Diane Reverand, Petitioners v. Victoria Dowling Considine and The Second Injury Fund. Petition for writ of certiorari to the Supreme Court of Connecticut denied. No. 98504. Victor Torres, et al., Petitioners v. Commissioner of Cor- rection of Massachusetts, et al. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied. No. 98510. Ruth J. Kuhns, Petitioner v. CoreStates Financial Corp., etc. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied. No. 98511. Aubrey Ray Vaughan, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Twelfth District, denied. No. 98514. Donald P. Davis, et ux., Petitioners v. Sun Oil Company. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 98517. Michael D. Miller, Petitioner v. Jim Allen, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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MONDAY, NOVEMBER 30, 1998 311 No. 98518. Synatel Instrumentation Ltd., Petitioner v. Mark Van- delune, et ux., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 98519. Barbara Toth, Petitioner v. Frank Toth, et ux., et al. Petition for writ of certiorari to the Court of Appeals of Michigan denied. No. 98524. M. Maureen Polsby, Petitioner v. Steven G. Spruill, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 98530. David Alan Peterson, Petitioner v. Dominic P. Gentile, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 98533. Central Transport, Inc., and Universal Am-Can, Ltd., Petitioners v. Michigan Public Service Commission. Petition for writ of certiorari to the Court of Appeals of Michigan denied. No. 98539. Hawaii Leaseholders Equity Coalition, Petitioner v. Small Landowners of Oahu, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98540. Juliette Irving, etc., Petitioner v. Mazda Motor Corpora- tion, aka, Mazda Motors Corp., etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 98542. Darrel D. Smith, Petitioner v. John Peter Lee, Ltd., and Tom Grimmett, Chapter 7 Trustee. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98544. Charles Merino, Petitioner v. San Diego County Council of the Boy Scouts of America and Ronald Brundage. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. No. 98552. David M. Armstrong, et al., Petitioners v. Martin Mari- etta Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 98553. Taiwan Shin Yeh Enterprise Co., Ltd., Petitioner v. Su- perior Court of California, County of San Francisco (Pacific Employers Insurance Company, Real Party In Interest). Petition for writ of certio- rari to the Court of Appeal of California, First Appellate District, denied. No. 98555. Donna M. Hines, Petitioner v. Baltimore Gas and Elec- tric Company. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

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312 MONDAY, NOVEMBER 30, 1998 No. 98565. Everfresh Beverages, Inc., Petitioner v. National Labor Relations Board and Local 51, International Brotherhood of Teamsters, AFL-CIO. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 98573. William H. Brandt, Petitioner v. Orthopedics Consult- ants of Washington, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98580. Dennis Blackman, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. No. 98587. Raymond Wood, Petitioner v. Edward G. Rendell, Mayor of the City of Philadelphia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 98588. In Re David L. Smith, Petitioner. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 98589. Albert Cook and Michael Cook, Petitioners v. Alexis Herman, Secretary of Labor. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 98590. L. D. McMullan, et ux., Petitioners v. National Bank of Commerce. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 98610. Wallace Lee Chambers, et ux., and Edward Johnson, Petitioners v. Gage Van Horn. Petition for writ of certiorari to the Supreme Court of Texas denied. No. 98612. Ronald McCown, Petitioner v. Kansas. Petition for writ of certiorari to the Supreme Court of Kansas denied. No. 98634. Walter Bensch and Rosendo Rodriguez, Jr., Petitioners v. Penelope Mattos, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 98637. Larry W. Shives, Petitioner v. CSX Transportation, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 98641. Benjamin P. Zvenia, Petitioner v. Nevada. Petition for writ of certiorari to the Supreme Court of Nevada denied. No. 98645. Sheldon Lamar Hunt, Petitioner v. Scott L. Armbrister, David Cannon, and Calvin Glenn. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

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MONDAY, NOVEMBER 30, 1998 313 No. 98670. Robert M. Temple, Petitioner v. Internal Revenue Serv- ice. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 98689. Giuseppe Gallara, aka Joe Stanfa, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 98690. Lida Nosik, Petitioner v. Connecticut. Petition for writ of certiorari to the Supreme Court of Connecticut denied. No. 98693. John M. Purdy, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 98695. Ester V. Pafford, et al., Petitioners v. Alexis M. Herman, Secretary of Labor. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 98701. Herbert Mills, Petitioner v. Bruce Babbitt, Secretary of the Interior. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98703. Elliot Neufeld, et al., Petitioners v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 98705. Eleanor Schuler, Petitioner v. McGraw-Hill Companies, Inc., etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 98714. William Pierce, Petitioner v. Connie Mansfield. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985053. Ronald Richard Smith, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 985380. Rickey Elgin Jenkins, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985395. Huy Vu Nguyen Dang, Petitioner v. Kenneth Du- Charme, Superintendent, Washington State Reformatory. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985481. Michael Jerome Blocker, 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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314 MONDAY, NOVEMBER 30, 1998 No. 985577. Rickie Lockhart, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985680. Allen L. Nicklasson, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. No. 985772. Robert Eugene Ladum, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985826. Kevin Lee Hough, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied. No. 985848. Christopher M. Stevens, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied. No. 985853. Marvin Bieghler, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied. No. 985942. Miguel A. Richardson, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 986087. Markeith Boyd, Petitioner v. Kathleen M. Hawk, Direc- tor, Federal Bureau of Prisons. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 986113. Jeffrey A. Rosenberg, Petitioner v. Arlington County Government, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986115. Charles Ray Crawford, Petitioner v. Mississippi. Peti- tion for writ of certiorari to the Supreme Court of Mississippi denied. No. 986124. Nelson L. Moody, Sr., Petitioner v. Margerite S. Moody. Petition for writ of certiorari to the Court of Special Appeals of Mary- land denied. No. 986131. Harry E. Lewis, Petitioner v. Margaret M. Pugh, Com- missioner, Alaska Department of Corrections. Petition for writ of cer- tiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986133. Frankie Levi Cole, Petitioner v. Larry Johnson, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 986137. Willie Williams, Petitioner v. Vivian Conway, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

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MONDAY, NOVEMBER 30, 1998 315 No. 986138. Willie Williams, Petitioner v. Mary Francis, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 986151. Timothy S. Chaney, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. No. 986152. Asadi Shamsideen, Petitioner v. J. K. Price, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986157. John A. Berrien, Petitioner v. John Shanks, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied. No. 986162. Ricardo Glover, Petitioner v. Stephen Puckett. Petition for writ of certiorari to the Supreme Court of Wisconsin denied. No. 986164. Willie Hicks, Petitioner v. South Carolina. Petition for writ of certiorari to the Supreme Court of South Carolina denied. No. 986166. Felton B. Green, Petitioner v. Kevin Gerard, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986170. Demetrius J. Grant, Petitioner v. Gregory White, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 986173. Edgar W. Howard, Petitioner v. Bob Sharpe, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986174. Earnest A. Darden, Petitioner v. City of Berkeley, Cali- fornia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986177. John Montford, Petitioner v. Metropolitan Dade County, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986178. John Montford, Petitioner v. Metropolitan Dade County Police Department, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986182. James Owen Barnes, Petitioner v. Washington. Peti- tion for writ of certiorari to the Court of Appeals of Washington, Divi- sion 3, denied. No. 986188. Gerry Ranson, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Second Dis- trict, denied.

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316 MONDAY, NOVEMBER 30, 1998 No. 986189. Gerry Ranson, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Second Dis- trict, denied. No. 986190. Joseph M. Glisson, Petitioner v. United States Forest Service, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 986193. Leonard Foster, Petitioner v. Mike Nelson, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 986195. Isaac Gray, Petitioner v. J. 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. 986198. Lonnie Reeves, Petitioner v. Nelson Brinson, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. No. 986199. Thomas E. Hall, Jr., 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. 986200. Robert Hogan, Petitioner v. Philip R. Coffey, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 986204. Bobby Michael Gilyard, Petitioner v. McCormick County Jail, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986205. Phillip Lee, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied. No. 986209. Larry L. Christiansen, Petitioner v. Harold W. Clarke, Director, Nebraska Department of Correctional Services, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 986214. Floyd H. Nelson, 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. 986219. David James Wyatt, Petitioner v. City of Boston, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 986229. Suzanne M. Searles, Petitioner v. River Mead Condo- minium Association. Petition for writ of certiorari to the Appellate Court of Connecticut denied.

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MONDAY, NOVEMBER 30, 1998 317 No. 986231. Joseph C. Palmisano, Petitioner v. Securities and Ex- change Commission. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 986233. Linda Stuart, Petitioner v. Family Independence Agency. Petition for writ of certiorari to the Court of Appeals of Michi- gan denied. No. 986241. William V. Ferguson, Jr., Petitioner v. Safeco Insurance Company of America, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986245. Michael E. Harris, Petitioner v. Prince George's County Public Schools. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986247. Teresa L. Evans, Petitioner v. First Knox National Trust, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 986248. Larry Donald George, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. No. 986250. Alfonzo Albert Lopez, Petitioner v. Peter A. Douglas, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 986251. Rosario Santillan Valmonte, Petitioner v. Immigration and Naturalization Service. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 986261. Leroy B. Headspeth, Petitioner v. Mercedes-Benz Credit Corporation, et al. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 986263. Jacqueline Milner and Kurt R. Johnson, Petitioners v. Kenneth S. Apfel, Commissioner of Social Security. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 986266. K. W. F., Petitioner v. Colorado. Petition for writ of certiorari to the Court of Appeals of Colorado denied. No. 986268. Larry Hendrix, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Fifth District, denied. No. 986269. Gary L. Giasson, 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.

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318 MONDAY, NOVEMBER 30, 1998 No. 986272. Charles F. Johnson, Petitioner v. Office of Personnel Management. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 986275. Sean Richard Sellers, Petitioner v. Gary E. Gibson, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 986277. Richard Kenneth Djerf, Petitioner v. Arizona. Petition for writ of certiorari to the Supreme Court of Arizona denied. No. 986280. Carlos J. Fernandez, Petitioner v. Home Savings of America. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986281. Harry R. Fechter, Petitioner v. Diane S. Goebel, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986282. Archie I. Floyd, Jr., Petitioner v. George D. Alexander, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 986288. Prince S. J. Webber, Petitioner v. Department of De- fense, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 986289. Morris J. Warren, Petitioner v. John Henderson, War- den. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 986292. Robert E. Tubwell, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied. No. 986296. Thomas C. Sawyer, 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. 986303. Ricky Lee Maddix, Petitioner v. Wally George, Sheriff, Saline County, Missouri. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 986306. Conrad J. Braun, Petitioner v. Gary Stotts, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 986316. Barbara Schwarz, Petitioner v. Department of State. 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 30, 1998 319 No. 986317. Barbara Schwarz, Petitioner v. Federal Bureau of Pris- ons, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986318. Barbara Schwarz, Petitioner v. Executive Office of the President. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986319. David Junior Brown, Petitioner v. James B. French, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986320. Ronald A. Bleecker, Petitioner v. City of Atlantic City, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied. No. 986341. Jerald Wynn Boitnott, Petitioner v. Minnesota. Petition for writ of certiorari to the Supreme Court of Minnesota denied. No. 986352. Frank A. Brennan, 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. 986357. Antonio Hodges, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 986360. Daniel Davis, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadelphia Office, denied. No. 986382. Oran Brumley, Petitioner v. Margarette Ghee, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 986387. Rosetta Sumter, Petitioner v. Saybolt, Inc., et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 986390. Jessie Lee Wise, 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. 986396. Dalton Brown, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 986401. John R. LaCourse, Petitioner v. Vermont. Petition for writ of certiorari to the Supreme Court of Vermont denied.

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320 MONDAY, NOVEMBER 30, 1998 No. 986406. James P. Giatas, Petitioner v. L. Michael Dimitri, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 986413. Bruce Adams, Petitioner v. Leonard A. Portuondo, Superintendent, Shawangunk Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 986432. Jeffrey Hal Sprinkle, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986435. Elaine Slusar, Petitioner v. Dalkon Shield Claimants Trust. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986446. Pearly Louis Wilson, Petitioner v. Margarette Ghee. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 986453. Michael Cedric Nall, 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. 986455. Wesley Lawless, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 986456. Kelvin Williams, Petitioner v. Sergio Molina, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 986461. Kenneth Allen Arvin, Jr., Petitioner v. David G. Mills, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 986465. Ronald L. Bodwell, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986468. Kerri Cardinal Charity, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 986476. Marvin Lee Bell, Petitioner v. Art Beeler, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 986477. Stewart B. Brooks, Petitioner v. George V. Voinovich, Governor of Ohio, 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 30, 1998 321 No. 986481. Wallace Mitchell, Petitioner v. Alphonso Hawkins, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986485. Wayne Ainsworth, Petitioner v. Michael Cunningham, Warden. Petition for writ of certiorari to the Superior Court of New Hampshire, Merrimack County, denied. No. 986487. Walter L. Braswell, Petitioner v. United States Postal Service. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 986491. S. C. Liles, Petitioner v. Michael F. Easley, Attorney General of North Carolina, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986495. James Mallard, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 986496. Kenney F. Moore, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 986498. Garrett Hannah, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 986500. Ralph Gonzalez, aka Raphael Quinones, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 986501. Antonio Dewayne Frazier, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986505. Jesus Fernandez, Petitioner v. New York City Police Department, et al. Petition for writ of certiorari to the Appellate Divi- sion, Supreme Court of New York, Second Judicial Department, denied. No. 986506. D. P., Petitioner v. Florida. Petition for writ of certio- rari to the District Court of Appeal of Florida, Third District, denied. No. 986508. Raymond Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 986509. Amin A. Rashid, Petitioner v. Drug Enforcement Ad- ministration. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.

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322 MONDAY, NOVEMBER 30, 1998 No. 986520. Steven Allen Soto, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986525. Sahag Tchakmakjian, Petitioner v. William S. Cohen, Secretary of Defense. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986526. Juan Carlos Velez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 986527. Benny Justus, Jimmy Lee McCoy, Kirby Coleman, Lawrence Edward Justus, Melissa McCoy, and Phyllis McCoy, Petition- ers v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986531. Bradley S. Parren, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986532. Sylvia Ipock White, Petitioner v. Carol Caldwell, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. No. 986533. Linda Thompson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986537. A. S., Petitioner v. Florida. Petition for writ of certio- rari to the District Court of Appeal of Florida, Third District, denied. No. 986538. A. V., Petitioner v. Florida. Petition for writ of certio- rari to the District Court of Appeal of Florida, Third District, denied. No. 986542. Steve Kyger, Petitioner v. Howard Carlton, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 986553. Michael Anthony Cheese, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986554. George Clinton Etheridge, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986556. Frankie 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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MONDAY, NOVEMBER 30, 1998 323 No. 986558. Larry David Garcia, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986560. Michael Hawkins, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 986562. Ronald D. Flaugher, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 986564. Eddie Dean Fluker, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986565. William Flowers, Petitioner v. Court of Appeals of Wisconsin, District I, et al. Petition for writ of certiorari to the Su- preme Court of Wisconsin denied. No. 986572. Angel Jose Castaneda, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 986573. Homer Richards, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986578. Charles R. Nantroup, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986579. Marion L. Lawrence, Petitioner v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 986580. John Paul Leatherwood, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986582. Jerry Pierre Sainte Marie, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986583. Clyde Montgomery, Petitioner v. United States. Peti- tion for writ of certiorari to the District of Columbia Court of Ap- peals denied. No. 986584. Theodore T. Browne, 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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324 MONDAY, NOVEMBER 30, 1998 No. 986585. Evangelina C. Camarillo, 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. 986588. Gustavo Alfonso Sanchez-Sanchez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986589. Anthony M. Shea, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 986591. Terry Fenner and Herbert Fenner, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986593. Thomas Arthur Emigh, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986595. Clyde Doggett, Petitioner v. Daniel Senkowski, Super- intendent, Clinton Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 986598. Jerry Baig, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 986600. Jerome S. Evans, aka Shawn, aka Sha, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 986602. Frasiel Hughey, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986603. Alphonso Dwane Frazier, Sr., Petitioner v. Joe Wil- liams, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 986606. Alex Felipe Navarro-Salcedo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986607. Anthony Mitchell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986608. Dennis B. Moore, Sr., 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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MONDAY, NOVEMBER 30, 1998 325 No. 986610. Jerry C. Traylor, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 986611. Mark Pitt, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986612. Barry G. Rattigan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 986613. James Allen Peters, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied. No. 986623. Barbara Schwarz, Petitioner v. Internal Revenue Serv- ice. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 986625. Hezekiah Lateju, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986626. David Howard Lamb, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986627. Juan Meraz-Sandoval, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986628. Jaime Rodriguez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986629. Edward Dane Jeffus, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986630. Sonia Irwin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 986631. James Edward Mitchell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986632. Dale Burke, 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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326 MONDAY, NOVEMBER 30, 1998 No. 986633. Christopher Alexander Richards, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986634. Beth Ann Stocke, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 986635. Freddy Paredes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986639. Candelario Martinez, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986640. Ronnie Johnson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986644. Kelvey L. Sargent, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 986645. Francisco Pacheco-Izazaga, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986648. Wilson F. Martin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986650. Beverly Ann Martin, Petitioner v. University of Texas Health Center. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986653. Jimmy Wagoner, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 986654. Henry C. Villegas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986655. Francisco Miranda Vasquez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986656. Gregory Scott Witters, 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, NOVEMBER 30, 1998 327 No. 986657. Newman Lee Wiley, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 986663. Charles Anderson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986668. Charles Bruce Nabors and Craig Scott Keltner, Peti- tioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 986669. Sheikh Murshed Imam, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 986671. Norma O. McCauley, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 986689. Steven Jay Radmall, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986690. Samuel David Steiner, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986695. Martin E. Iglesia Cruz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 986698. Joan M. Webb, Larry A. Webb, and Joseph A. Mentlick, Jr., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 986699. Manuel Arevalo-Perez, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986708. Kevin McFerren, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 9843. Illinois, Petitioner v. Donell Austin. Motion of respondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 98476. Arthur Calderon, Warden, Petitioner v. Alfred P. Dyer. Motion of respondent for leave to proceed in forma pauperis granted.

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328 MONDAY, NOVEMBER 30, 1998 Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98543. Texas, Petitioner v. Bruce Fernandez. Motion of re- spondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the Court of Appeals of Texas, Fourth District, denied. No. 98593. New Jersey, Petitioner v. Shawn Smith. Motion of re- spondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the Supreme Court of New Jersey denied. No. 98326. Walter J. Thomas, et al., Petitioners v. Madeleine Al- bright, Secretary of State. Motion of Class of African-American For- eign Service Officers for leave to file a brief as amicus curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 98735. "William Loe", Petitioner v. United States. Motion of petitioner for leave to file appendix to petition for writ of certiorari under seal granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986240. Douglas N. DeFoe, Petitioner v. Massachusetts Depart- ment of Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit before judgement denied.

Habeas Corpus Denied No. 986672. In Re Timmy Ray Noland, Petitioner; No. 986674. In Re James T. Whitley, Petitioner; and No. 986721. In Re Angelo B. Perry, Petitioner. Petitions for writs of habeas corpus denied.

Mandamus Denied No. 986242. In Re Myrle Virginia King, Petitioner; Petition for writ of mandamus denied.

Prohibition Denied No. 986647. In Re Haddrick Byrd, Petitioner. Petition for writ of prohibition denied. Rehearings Denied No. D1958. In the Matter of Disbarment Jerome Berg. No. 971890. Sandra K. Kerby, Petitioner v. Southeastern Public Service Authority of Virginia, et al.;

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MONDAY, NOVEMBER 30, 1998 329 No. 971912. Charlena Wirtz, Executrix of the Estate of Lena Wat- son Whitley, et al, Petitioners v. Dennis R. Switzer; No. 971957. K & K Construction, Inc., et al., Petitioners v. Michigan Department of Natural Resources and Michigan; No. 971990. Larry Belin, Petitioner v. Equal Employment Opportu- nity Commission, et al.; No. 972034. Berman J. Watts, Petitioner v. Louis Caldera, Secre- tary of the Army, et al.; No. 972065. Matthew R. Carroll, Petitioner v. Kermit Black, Charles W. Graham, William L. Perry, E. Dean Gage, and Walter Wendler; No. 972075. Randolph E. Green, et ux., and Craig A. Green, Peti- tioners v. City of Boston, et al.; No. 978701. Andrew Kokoraleis, Petitioner v. Jerry Gilmore, Warden; No. 978918. James S. Baldwin, IV, Petitioner v. Louisiana; No. 978930. In Re David L. Campbell, Petitioner; No. 978963. Leonard D. Prentice, Petitioner v. Information Re- sources, Inc.; No. 979027. Arturo Solis, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division, et al.; No. 979090. In Re Parnell Seaton, Petitioner; No. 979154. Jimmy Williams, Petitioner v. Louisiana; No. 979256. In Re Gary Farrell, Petitioner; No. 979290. Warren T. McEvoy, Petitioner v. M. Jean Hoag; No. 979292. Earl Richmond, Jr., Petitioner v. North Carolina; No. 979293. Bill E. Tucker, Jr., Petitioner v. Winston Barton, et al.; No. 979363. William S. Cummings, Petitioner v. Terry L. Stewart, Director, Arizona Department of Corrections, et al.; No. 979364. John S. Coates, III, Petitioner v. Donna E. Shalala, Secretary of Health and Human Services; No. 979376. Randall Orvis Peterson, Petitioner v. Kenneth S. Apfel, Commissioner of Social Security; No. 979392. Rose D. Stewart, Petitioner v. Hechinger Stores Company; No. 979413. Louis Williams, Petitioner v. United States; No. 979441. In Re Leon Tasby, Petitioner; No. 979467. George R. Jordan, Jr., Petitioner v. United States; No. 979543. Nazareen Ward, Petitioner v. General Motors National Retirement Service;

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330 MONDAY, NOVEMBER 30, 1998 No. 979551. John Tonubbee, Petitioner v. River Parishes Guide, et al.;No. 979554. In Re Harold Wapnick, Petitioner; No. 979556. Keljer King, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division; No. 979591. Thomas Keenan, Petitioner v. Ohio; No. 979629. Jeffrey Ronald Tizer, Petitioner v. Montgomery County Orphans' Court; No. 979630. In Re John James Thompson, Petitioner; No. 979649. Lynn B. Bell, Petitioner v. United States; No. 979654. Kathleen Walczak, Petitioner v. Massachusetts State Retirement Board; No. 979658. Monica King, Petitioner v. James O. Freedman, et al.; No. 979676. In Re Danny Lee Henderson, Petitioner; No. 979678. William Columbus Smith, Petitioner v. United States; No. 979684. Keljer King, Petitioner v. Christopher Elser; No. 98106. Doris L. Sassower, Petitioner v. Guy Mangano, Presid- ing Justice of the Appellate Division, Second Department, Supreme Court of New York, et al.; No. 98159. Jerome Berg, Petitioner v. State Bar of California; No. 98210. Margaret Speth, Petitioner v. Capitol Indemnity Corpo- ration, et al.; No. 98234. Juan Garcia-Abrego, Petitioner v. United States; No. 98240. Earlene Polyak, Petitioner v. United States Court of Appeals for the Sixth Circuit; No. 98273. Phil Berg, Petitioner v. Louis B. Kozloff; No. 98274. Don R. Tyler, Petitioner v. Lawton Chiles, Governor of Florida, et al.; No. 98330. In Re Edward B. Atkinson, Petitioner; No. 98435. Electronic Engineering Company, Petitioner v. Federal Communications Commission; No. 985007. Johnny Swanson, III, Petitioner v. United States; No. 985026. Allen Robertson, Jr., Petitioner v. Louisiana; No. 985055. Mark Miller and Peter R. Swendseid, Petitioners v. Lorain County Board of Elections, et al.; No. 985133. Darrell Mease, Petitioner v. Michael Bowersox, Super- intendent, Potosi Correctional Center; No. 985149. Silver Ziebarth, Petitioner v. AgriBank, FCB; No. 985152. In Re Johnny Swanson, Petitioner; No. 985166. Jesse James Gillies, Petitioner v. Terry L. Stewart, Director, Arizona Department of Corrections;

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MONDAY, NOVEMBER 30, 1998 331 No. 985178. Randall David Capps, Petitioner v. California; No. 985290. Gloria Barley-Cooke, Petitioner v. Roland Edison, et al.;No. 985293. Steve Aronovsky, Petitioner v. Jay N. Nguyen, et al.; No. 985369. Troy Singleton, Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections; No. 985373. Derrick Roger Coombs, Petitioner v. Raymond J. Sob- ina, Superintendent, State Correctional Institution at Somerset, et al.; and Derrick Roger Coombs, Petitioner v. Raymond J. Sobina, Superin- tendent, State Correctional Institution at Somerset, et al.; No. 985386. Gregory P. Scott, Petitioner v. United States; No. 985419. Steven F. Molin, Petitioner v. The Trentonian, et al.; No. 985459. Ouk Chhorn, Petitioner v. Togo West, Secretary of Veterans Affairs; No. 985519. Roland Outlaw, Petitioner v. Kenneth S. Apfel, Com- missioner of Social Security; No. 985548. In Re Blas Varela, Petitioner; No. 985551. Benedict Joseph Cook, III, Petitioner v. David G. Mills, Warden, et al.; No. 985557. Charles A. Dread, Petitioner v. Maryland State Police; No. 985578. Hratch Kazandjian, Petitioner v. United States; No. 985579. Ronnie Johnson, Petitioner v. Paul Coggins, et al.; No. 985605. Bal Dev Enand, Petitioner v. M. Abraham Ahmad, et al.;No. 985612. Beverly Duncan, Petitioner v. Children's National Medical Center; No. 985646. Ronald M. Higley, Petitioner v. United States; No. 985667. Kevin B. Gunnell, Petitioner v. Alan Lazaroff, Warden; No. 985783. Joseph L. Perry, Jr., Petitioner v. William Henderson, Postmaster General; No. 985795. Clinton E. McKinney, Petitioner v. United States; No. 985828. Boyce L. Dempsey, Petitioner v. United States; and No. 986085. Charles A. Trobaugh, Petitioner v. United States. Peti- tions for rehearing denied. No. 978254. Araya Wolde-Giorgis, Petitioner v. Walter Delecki, et al. Motion for leave to file a petition for rehearing denied.

Admissions to the Bar on Written Motions Applicant City and State Movant Michael Kennedy Allen San Diego, CA Robert Carroll Baxley

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332 MONDAY, NOVEMBER 30, 1998

Applicant City and State Movant Walter Gerard Amstutz Harvey, LA Richard M. Tompson Cynthia T. Andreason Washington, DC Mary A. Lopatto Katherine Armstrong New York, NY Barbara Wrubel Danny Scot Ashby Dallas, TX Robert H. Mow, Jr. Patricia Beth Attaway Atlanta, GA Susan V. Boleyn Wesley Howard Avery Los Angeles, CA Kathryn Kerfes Christopher John Bakes San Francisco, CA Keith L. Slenkovich Alfredo Barrios, Jr. Los Angeles, CA Warren M. Christopher Ramiro Garcia Barron Dallas, TX Mark Aldrich Brunger Mark A. Baugh Nashville, TN Cyrus L. Booker Beverly A. Benka Spokane, WA Julianne Folsom Taylor John F. Birath, Jr. Columbus, OH Luther LeRoy Liggett, Jr. Richard J. Birmingham Seattle, WA Stephen M. Rummage C. Adair Bledsoe, Jr. Columbia, SC Stephen George Morrison William Lloyd Brown San Luis Obispo, Gerald Mason CA Sharon Shirley Brown San Antonio, TX Roy R. Barrerra Matthew Beauregard Lexington, KY Robert S. Miller Bunch Jeanne A. Butterfield Washington, DC Marc Leslie Van Der Hout Wayne T. Bunch Lexington, KY Robert S. Miller Kelly Anne Cairns Wailuku, HI Bert Martin Luna Evan Howard Caminker Los Angeles, CA Malcolm L. Stewart Amie Flowers Carmack Greensboro, NC J. Donald Cowan, Jr. Henry Clay Collins Atlanta, GA Jonathan James Wade Alan Jay Cooke Boston, MA Sander A. Rikleen

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MONDAY, NOVEMBER 30, 1998 333

Applicant City and State Movant Arthur Brainard Crooks, Jr. West Dennis, MA James H. Quirk, Jr. Michael D. Culy Fresno, CA Thomas V. Rasmussen, Jr. Gail E. Currey Manhattan Beach, James W. Colbert, CA III Anthony John Demarco Cleveland, OH Christopher B. Fagan Jeanne Elizabeth Demers Boston, MA Michael DeMarco Susan F. Drogin Boston, MA Richard J. Grahn William H. Eastburn, III Doylestown, PA John A. VanLuvanee Lynn E. Eccleston Washington, DC Michael A. Conley Richard M. Eittreim Newark, NJ Eugene M. Haring Michael J. Foley Scranton, PA Richard S. Campagna Robert A. Franden Tulsa, OK Jody Rae Nathan Gale Leroy Garriott Phoenix, AZ Joel Grant Woods James Matthew Gary Austin, TX H. Robert Powell Stacey L. Goldberg Miami, FL Jeffrey Mark Landau Andrew W. Goldwater New York, NY Edward A. Friedman Charles K. Grant Nashville, TN Cyrus L. Booker Mark Edwin Grantham Atlanta, GA Arthur Daniel Brannan Marshall W. Grate Grand Rapids, MI Stanley J. Stek Rex Beach Guthrie Miami, FL James F. Durham, II Salvador E. Gutierrez, Jr. Chalmette, LA Barbara Gale Haynie James L. Harris Nashville, TN Philip Leon Davidson Maureen Alice Hart Olympia, WA William B. Collins Roderick Maltman Hills, Jr. Ann Arbor, MI Roderick Maltman Hills Kenneth August Hindman Atlanta, GA Paul Willard Burke David S. Hoffmann Cleveland, OH Robert M. Wolff

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334 MONDAY, NOVEMBER 30, 1998

Applicant City and State Movant James D. Huber Montpelier, VT Ronald Mitchell Huber Richard Karl Johnson Tallahassee, FL Daniel Burrell Clark Richard Maurice Jones Los Angeles, CA Warren M. Christopher Carlton H. Jones, III Peachtree City, Jonathan James GA Wade Jay H. Karsch Doylestown, PA Joanne Dorothy Sommer Bart A. Karwath Indianapolis, IN Dean Taylor Barnhard Richard A. Kimnach Chicago, IL Curt Norman Rodin Richard Carvill King New York, NY R. Ian Hunter Howard E. Kochell Indianapolis, IN Dean Taylor Barnhard Paul George Krawchuk Sebastopol, CA Lamar Peckham Nancy Fredman Krent Highland Park, IL Harold J. Krent Cecil Crawford Kuhne, III Dallas, TX Arno W. Krebs, Jr. Robert Scott Lawrence Chicago, IL Richard Lee Stavins Richard S. Lewis Washington, DC Michael David Hausfeld Christopher Allen Liegel La Crosse, WI John Michael Stoiber Richard Paul Lindsey Peachtree City, Jonathan James GA Wade David W. Long Washington, DC Michael A. Conley Justin W. Low Odessa, TX James Arnette Bobo Terri Mick Lyndall Atlanta, GA John M. Stuckey, Jr. Robert F. Magill, Jr. Ann Arbor, MI Robert F. Magill Orlando I. Martinez-Garcia Manati, PR Maria Milagros Soto Mary Lauren Mathews Austin, TX Seth Byron Dennis

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MONDAY, NOVEMBER 30, 1998 335

Applicant City and State Movant Gary L. McPherson Aurora, CO Daniel Paul Powell David L. Medvedoff San Luis Obispo, Charles E. Ogle CA James J. Milam Modesto, CA Duane L. Nelson Nancy Leigh Miller Clinton, MD Judge Theresa A. Nolan James C. Milton Tulsa, OK William C. Anderson Jaclyn Gale Muskat Boca Raton, FL Alan York Medvin Joseph D. Naylor Houston, TX Kim Martin Clark Claire-Bette Newman New Haven, CT Irving H. Perlmutter Stephen Douglas Ott Fayetteville, GA Jonathan James Wade Alice Oliver Parrott Houston, TX David Hutchison Burrow Mark Lane Pearson Jackson, MS Robert W. Sneed Sanford E. Pitler Seattle, WA Michael F. Madden Harry Grant Potter, III Austin, TX Dan Morales L. Stephen Rastanis Baton Rouge, LA Nicholas Canady, III Robert Edwin Ray Lincoln, NE C. L. Ray, Jr. Shannon Marie Reynolds Cincinnati, OH Thomas John Scheve Robert F. Rhoades Detroit, MI Samuel John McKim, III C. Daniel Roberts Austin, TX Conde Thompson Cox Josefina Royo-Mendoza San Juan, PR Alberto E. Lugo-Janer Jerry P. Sattin Newark, NJ Eugene M. Haring Nathan B. Schattman Fort Worth, TX Michael Dening Schattman Lynde Selden, II San Diego, CA David Albert Niddrie Douglas Jon Shae Wenatchee, WA Steve Zimmerman James L. Sigel Boston, MA William Lee Patton

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336 MONDAY, NOVEMBER 30, 1998

Applicant City and State Movant Philip Jay Smith Atlanta, GA John M. Stuckey, Jr. Carlos E. Sosa Los Angeles, CA Larry D. Stratton Kevin John Spiering Cincinnati, OH Raymond T. Faller David Andrew Stein Washington, DC Matthew Joel Zinn Robert J. Stein, III Chicago, IL Clinton Arthur Krislov Theodore Stevenson, III Dallas, TX Walter G. Pettey, III Martin Taller Anaheim, CA Ralph Wilborn Todd Taylor Oklahoma City, Lewis Eldean OK Stringer Ross Thomas San Francicso, CA John Ward Lee A. Thorson Seattle, WA David Robbins Kevin Wade Trahan Abbeville, LA Charles R. Sonnier Austin H. Triplett Chicago, IL Richard P. Bogusz L. Christopher Vejnoska San Francisco, CA Stephen Michael Snyder Cass D. Vickers Tallahassee, FL Henry Michael Madsen Lori Lea Voepel Phoenix, AZ Michael D. Kimerer Frederick Quentin Watt New Bedford, MA Dwight Gerard Duncan Mary Farrell Wawro Los Angeles, CA Manuel Anthony Valenzuela, Jr. James H. Webb, Jr. Peachtree City, Jonathan James GA Wade Howard J. Weg Los Angeles, CA Earl Alvin Glick Allen J. Welch, Jr. Oklahoma City, Walter Danny OK Murdock Daniel Robert Whitmore Seattle, WA Scott Erik Stafne Nicholas E. Wocl Stamford, CT Robert B. Wise Mark E. Wojcik Chicago, IL Shannon Meday Cobe Norman Ralph Zamboni Providence, RI Thomas Jay Barrett

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MONDAY, NOVEMBER 30, 1998 337 Admissions to the Bar on Oral Motions Applicant City and State Movant Morris Victor Bornstein St. Petersburg, George Jack King, FL Jr. Mac Cauley Stone Harbor, NJ Jon Loren Gant Karen L. Federman Henry Rockville, MD Charles W. Thompson, Jr. Denise Michelle Gavaletz Worcester, MA Michael Eric Herz Andrew Joseph Bayne Milltown, NJ Michael Eric Herz Amy Berlin Richmond, VA Michael Eric Herz Mark Arthur Berman New York, NY Michael Eric Herz Ephraim Adam Bulow New York, NY Michael Eric Herz Aaron Harry Hauptman New York, NY Michael Eric Herz Erik Wolff Kahn New York, NY Michael Eric Herz Eric J. Shames New York, NY Michael Eric Herz Ephraim Sobol New York, NY Michael Eric Herz

Oral Arguments No. 98404. Department of Commerce, et al., Appellants v. United States House of Representatives, et al.; and No. 98564. William Jefferson Clinton, President of the United States, et al. v. Matthew Glavin, et al. Argued by Mr. Seth P. Waxman for the appellants, by Ms. Maureen E. Mahoney for the appellees in No. 98404, and by Mr. Michael A. Carvin for the appellees in No. 98564. No. 97303. Humana, Inc., et al., Petitioners v. Mary Forsyth, et al. Argued by Mr. James W. Colbert, III, for the petitioner, by Mr. G. Robert Blakey for the respondents, and by Mr. Lawrence G. Wallace for the United States as amicus curiae, by special leave of the Court.

Adjourned until Tuesday, December 1, 1998, at 10 o'clock.

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(JOURNAL) TUESDAY, DECEMBER 1, 1998 339 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. 971147. Minnesota, Petitioner v. Wayne Thomas Carter; and Minnesota, Petitioner v. Melvin Johns. On writ of certiorari to the Su- preme Court of Minnesota. Judgments reversed, and case remanded to the Supreme Court of Minnesota for further proceedings not inconsist- ent with the opinion of this Court. Opinion by The Chief Justice. Con- curring opinion by Justice Scalia, with whom Justice Thomas joins. Concurring opinion by Justice Kennedy. Opinion by Justice Breyer con- curring in the judgment. Dissenting opinion by Justice Ginsburg, with whom Justice Stevens and Justice Souter join.

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

Kimberly Corbin Aviles Severna Park, MD William Louis Corbin Herbert Charles Sundby Portland, OR Barbara C. Biddle Charles Marion Duffy Chevy Chase, MD Loretta Collins Argrett Brian J. Feldman Potomac, MD Loretta Collins Argrett Janice Rovner Feldman Potomac, MD Loretta Collins Argrett Glenn Joseph Melcher Washington, DC Loretta Collins Argrett Gregory Victor Davis Arlington, VA Loretta Collins Argrett Philip J. Berkowitz Washington, DC Loretta Collins Argrett Meghan Suzanne Skelton Washington, DC Loretta Collins Argrett Samuel Robert Lyons Washington, DC Loretta Collins Argrett

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340 TUESDAY, DECEMBER 1, 1998

Oral Arguments 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. Argued by Mr. Joseph H. Mattingly, III, for the petitioner, by Mr. James A. Feldman for the United States as amicus curiae, by special leave of the Court, and by Mr. Carter G. Phillips for the respondent. No. 971642. Department of the Army, Petitioner v. Blue Fox, Inc. Argued by Mr. Jeffrey Lamken for the petitioner and by Mr. Thomas F. Spaulding for the respondent.

Adjourned until Wednesday, December 2, 1998, at 10 o'clock.

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(JOURNAL) WEDNESDAY, DECEMBER 2, 1998 341 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 of Oral Motions Applicant City and State Movant David M. Rocchio Stowe, VT James M. Jeffords Jennifer A. Fahey Minneapolis, MN James Martin Johnson Anderson B. Scott Atlanta, GA Michael Carlin Towers Francis B. Semmes Atlanta, GA Michael Carlin Towers Turhan Edward Robinson Baltimore, MD Garland Howe Stillwell James Michael Dougherty, Upper Marlboro, Garland Howe Jr. MD Stillwell

Oral Arguments No. 971337. Minnesota, et al., Petitioners v. Mille Lacs Band of the Chippewa Indians, et al. Argued by John L. Kirwin for the petitioners, by Mr. Randy V. Thompson for the respondents John W. Thompson, et al., by Mr. Marc D. Slonim for the respondents Mille Lacs Band of the Chippewa Indians, et al., and by Ms. Barbara B. McDowell for the respondent the United States. No. 971489. Your Home Visiting Nurse Services, Inc., Petitioner v. Donna E. Shalala, Secretary of Health and Human Services. Argued by Ms. Diana L. Gustin for the petitioner and by Ms. Lisa S. Blatt for the respondent.

Adjourned until Monday, December 7, 1998, at 10 o'clock.

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(JOURNAL) THURSDAY, DECEMBER 3, 1998 343 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. 986997. Kevin DeWayne Cardwell, Petitioner v. Fred 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.

Order In Pending Case No. 987140. Andrew Flores Cantu-tzin, 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 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.

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(JOURNAL) FRIDAY, DECEMBER 4, 1998 345 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. 987126. J. D. Gleaton, 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 Justice and by him referred to the Court denied. Petition for writ of certiorari to the Supreme Court of South Carolina denied. Justice Stevens and Jus- tice Breyer would grant the application for stay of execution.

Certiorari Denied No. 987132. Larry Gilbert, Petitioner v. Michael W. Moore, Direc- tor, South Carolina Department of Corrections, et al. Petition for writ of certiorari to the Supreme Court of South Carolina denied. Justice Stevens and Justice Breyer would grant the application for stay of execution.

Order In Pending Case No. A463. Larry Gilbert and J. D. Gleaton, Applicants v. David Beasley, Governor of South Carolina, et al. Application for stay of exe- cution of sentence of death presented to The Chief Justice 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) MONDAY, DECEMBER 7, 1998 347 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. 98562. City of Grenada, Mississippi, et al., Appellants v. Louise Hubbard, et al. Appeal from the United States District Court for the Northern District of Mississippi. Judgment affirmed.

Orders In Pending Cases No. A344. Jessie Lee Wise, Applicant v. Michael Bowersox, Super- intendent, Potosi Correctional Center. Application for a certificate of appealability addressed to Justice Stevens and referred to the Court denied. No. 985804. In Re Gregory Smith, Petitioner. The Solicitor General is invited to file a brief in this case expressing the views of the United States. Certiorari Granted No. 98470. Ruhrgas AG, Petitioner v. Marathon Oil Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit granted. No. 9810. Jefferson County, Alabama, Petitioner v. William M. Acker, Jr., Senior Judge, United States District Court, Northern Dis- trict of Alabama, and U. W. Clemon, Judge, United States District Court, Northern District of Alabama. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit granted limited to the following questions: 1. Whether the District Court had subject matter jurisdiction over this action, in light of the Tax Injunc- tion Act, 28 U. S. C. § 1341. 2. Whether a County privilege/occupational tax levied upon the pay or compensation of an Article III judge violates the Supremacy Clause.

Certiorari Denied No. 98235. Nutritional Health Alliance, et al., Petitioners v. Donna

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348 MONDAY, DECEMBER 7, 1998 Shalala, Secretary of Health and Human Services, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 98241. Michael C. Brickhouse, Petitioner v. Jonathan Corpora- tion, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 98251. Dwight J. Loving, Petitioner v. William L. Hart, Colonel, Commandant, United States Disciplinary Barracks, and the United States. Petition for writ of certiorari to the United States Court of Appeals for the Armed Forces denied. No. 98383. Larry C. Weldon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 98388. Russell H. Volkema, et al., Petitioners v. Michigan, et al. Petition for writ of certiorari to the Court of Appeals of Michigan denied. No. 98396. Texas, et al., Petitioners v. Federal Deposit Insurance Corporation, as Manager of the FSLIC Resolution Fund as Receiver of First South, N. A. Petition for writ of certiorari to the Court of Appeals of Texas, Second District, denied. No. 98468. Duane Montgomery, Petitioner v. City of Farmington Hills and Farmington Hills Police Department. Petition for writ of cer- tiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 98485. Township of Leland and Village of Northport, Petition- ers v. Grand Traverse Band of Ottawa and Chippewa Indians; and Township of Leland and Village of Northport, Petitioners v. Grand Tra- verse Band of Ottawa and Chippewa Indians. Petition for writ of cer- tiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 98556. Rosella E. Burns, et al., Petitioners v. Stone Forest In- dustries, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98557. Catherine M. Ford, Petitioner v. Town of Grafton. Peti- tion for writ of certiorari to the Appeals Court of Massachusetts denied. No. 98563. Norman Gabay, Petitioner v. Mostazafan Foundation of Iran, aka The Foundation for the Oppressed, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

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MONDAY, DECEMBER 7, 1998 349 No. 98570. Bank of China, Petitioner v. Voest-Alpine Trading USA Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 98571. Nicole Marie Carter, Administratrix of the Estate of Vergil Braud, Deceased, et al., Petitioners v. Kevin Fenner, Joel Tal- lant, and City of New Orleans. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 98572. Horwath Associates, Petitioner v. City of East Palo Alto, et al. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied. No. 98575. Dale Wayne Bestelmeyer, Petitioner v. Ivalee Henry, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98582. Holly Gottfried, Petitioner v. Medical Planning Services, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 98585. Robert D. Krumme, et al., Petitioners v. Westpoint Ste- vens Inc., fka West Point-Pepperell, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Cir- cuit denied. No. 98586. Lincoln Allen Keith, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Eighth District, denied. No. 98595. Mt. Hope Asphalt Corp., aka Mount Hope Asphalt Corp., et al., Petitioners v. Michael Zagata, Commissioner, New York State Department of Environmental Conservation, et al. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Sec- ond Judicial Department, denied. No. 98616. Beverly Barber, Petitioner v. Linda Mays Welch. Peti- tion for writ of certiorari to the Court of Civil Appeals of Alabama denied. No. 98618. McClellan Federal Credit Union, Petitioner v. David P. Parker, Sr. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98619. Nancy D. Jonas, Petitioner v. Leslie D. Briggs, Execu- trix of the Estate of Jane B. Morey, Deceased. Petition for writ of certiorari to the Supreme Court of New Hampshire denied. No. 98621. In Re Marta A. Lentino, Petitioner. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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350 MONDAY, DECEMBER 7, 1998 No. 98624. Bob Glaser, Petitioner v. City of San Diego. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98631. Joseph Weeks, Petitioner v. Oklahoma Bar Association. Petition for writ of certiorari to the Supreme Court of Oklahoma denied. No. 98638. John G. Gowan, Petitioner v. Department of the Air Force. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 98658. Rodney Mayeux, Petitioner v. United States Army Corps of Engineers. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 98663. Marjorie Sturgis, Petitioner v. Employers Insurance of Wausau, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98683. Gregory Lewis Coghill, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 98711. Raymond Rodrigue and Lionel Rodrigue, Petitioners v. Gerard Madden, et al. Petition for writ of certiorari to the Supreme Judicial Court of Maine denied. No. 98729. Richard G. Randall, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98750. Benjamin Husick, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985297. Kimberly B. Bennett, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985762. Holly Wood, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. No. 985845. James Earl Hill, Petitioner v. Nevada. Petition for writ of certiorari to the Supreme Court of Nevada denied. No. 985905. David Harris, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 985963. Marie Haydee Beltran Torres, 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, DECEMBER 7, 1998 351 No. 985976. Calvin Harmon, Petitioner v. Lou Matarazzo. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 986125. Airrique Peevy, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. No. 986299. Donald Massey, Petitioner v. Fred Head, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986308. Matthew Todd Ledford, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 986309. Rene Martinez, 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. 986310. Martin Lindstedt, Petitioner v. Kay Baum, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 986311. Owen Nelson, Petitioner v. Richard Stringer, Sheriff, Marion County, Mississippi, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986312. Gregory Joseph Nelson, Petitioner v. Idaho. Petition for writ of certiorari to the Court of Appeals of Idaho denied. No. 986321. Richard M. Cross, Petitioner v. Steven Cambra, Jr., Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986325. Joseph McInerney, 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. 986334. Tommy Washington, Petitioner v. Kelly Ward, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986337. 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. 986338. Sidney Allen Worthen, Petitioner v. Oklahoma. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Okla- homa denied. No. 986343. James Bauhaus, Petitioner v. Dan Reynolds, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

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352 MONDAY, DECEMBER 7, 1998 No. 986351. Buck Richard Crowder, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 986355. Ted Benjamin Powers, Petitioner v. South Carolina. Petition for writ of certiorari to the Supreme Court of South Carolina denied. No. 986359. David Clayton Hill, Petitioner v. South Carolina. Peti- tion for writ of certiorari to the Supreme Court of South Carolina denied. No. 986363. Charlecy D. Spangler, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied. No. 986364. Eric D. Saunders, 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. 986367. Roosevelt C. Bentley, Petitioner v. Joseph A. Demskie, Acting Superintendent, Woodbourne Correctional Facility, et al. Peti- tion for writ of certiorari to the Appellate Division, Supreme Court of New York, Third Judicial Department, denied. No. 986375. Lee Max Barnett, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. No. 986402. Fred G. Labankoff and Swetlana Labankoff, Petition- ers v. Viking Credit Corporation, et al. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied. No. 986460. James Riggins, Petitioner v. David Dormire, Superin- tendent, Jefferson City Correctional Center. Petition for writ of certio- rari to the United States Court of Appeals for the Eighth Circuit denied. No. 986466. Donna G. Bartlett, Petitioner v. Department of the Army. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 986479. Kenneth McLennon, Petitioner v. Daniel Senkowski, Superintendent, Clinton Correctional Facility. Petition for writ of cer- tiorari to the United States Court of Appeals for the Second Circuit denied. No. 986490. Eugene Carter, II, Petitioner v. Amtrak Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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MONDAY, DECEMBER 7, 1998 353 No. 986499. Rita P. Dinsmore-Thomas, Petitioner v. Federal De- posit Insurance Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986513. Rosa Lanier, Petitioner v. Superior Court of the Dis- trict of Columbia, et al. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 986536. Willie Thomas, 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. 986541. David Moss, Petitioner v. William Duncan, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986544. Carson Lynn Brown, Petitioner v. Kenneth L. McGin- nis, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 986567. Kenneth Lewis Harper, 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. 986569. James Willie Fields, Petitioner v. William Duncan, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986597. Carson Lynn Brown, Petitioner v. Pete Vidor, Deputy Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 986605. Billy R. McClanahan, Petitioner v. Wellmore Coal Cor- poration. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986637. Wali F. Rashed, Petitioner v. Joseph W. Dorsey, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 986642. Hubert Douglas Smith, Petitioner v. W. A. Duncan, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986643. Peter Sharma, 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. 986649. Isiah James, II, Petitioner v. Michael W. Moore, Direc- tor, South Carolina Department of Corrections, et al. Petition for writ

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354 MONDAY, DECEMBER 7, 1998 of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986658. Richard Childs, Petitioner v. Sewall B. Smith, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. No. 986662. Kevin Lynn Carpenter, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Ap- peals denied. No. 986665. Andrew P. Bowen, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 986675. Teodoro Borja-Espinoza, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986676. Leondrus McBride, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986677. Isaac E. Marshall, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 986680. Jose De La Rosa, aka Jose Acosta, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 986682. Larry Austin Grant, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986684. Billy Joe Cook, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986685. Edward Olean Graves, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986686. Alvin R. Clark, et ux., Petitioners v. City of Portland, Oregon. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986687. Alfonso Lupercio Ramirez, 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 7, 1998 355 No. 986688. Terry E. Savage-El, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 986693. George L. Reinhardt, Petitioner v. United States Postal Service, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986697. Percy Lavar Walton, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 986702. Miguel A. Collazo-Diaz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 986704. Barbara Ann Sandoval, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986706. Charles R. LaBoone, 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. 986707. Avery Myron Lawton, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986716. Ramesh Kumar Vaid, aka Larry Johnson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986722. Jorge Rodriguez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 986728. Douglas Andrew Wiley, Petitioner v. Sewall Smith, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986730. Henry Wong, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 986734. Darryl Whiting, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 986739. George Rivera, 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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356 MONDAY, DECEMBER 7, 1998 No. 986748. Donald S. Williams, Petitioner v. Michael R. McKeen, Acting Administrator, Southern State Correctional Facility, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 986750. Stanislaw Kulik, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 986751. Steven Jones, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 986753. Tyrone Christopher James, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986756. Michael Alexander, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986758. Alberto Alaniz, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 986759. Reginald Marlin Ismel and Richard David DeGout, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986763. Myram Lyday, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 986764. Daniel Lutz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986766. Donald R. Budd, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986772. Ramon Guerrero, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986774. Evan Doss, Jr., 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 7, 1998 357 No. 986776. Antoine A. Adler, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986780. Dennis King, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 986781. John Nelson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 986786. Gary A. Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 986787. Anthony Thomas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 986791. George Yossif, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 986793. Cordrick Davern Byers, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986795. Augustine Perez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986804. Roger Mattison, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 986805. Bassam E. Marji, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 986807. Thomas Ashley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986810. Charles Thomas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986812. Robert Wright, 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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358 MONDAY, DECEMBER 7, 1998 No. 98266. Anne Arundel County, Petitioner v. John D. West, et al. Motion of National League of Cities, 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 Fourth Circuit denied. No. 98568. Kenneth R. Hilliard, et al., Petitioners v. Shell Western E & P, Inc. 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. 98734. Joseph Zrnchik, et ux., et al., Petitioners v. Amoco Oil Company. Petition for writ of certiorari to the Supreme Court of Indi- ana denied. Justice Breyer took no part in the consideration or decision of this petition. Mandamus Denied

No. 98726. In Re Frank Paul Lukacs, Petitioner; and No. 986354. In Re Steven A. Shawley, Petitioner. Petitions for writs of mandamus denied. No. 986391. In Re Harold B. Mason, Petitioner. Petition for writ of mandamus denied. Justice Breyer took no part in the consideration or decision of this petition.

Rehearings Denied

No. 972084. Glenn Lockerby, Petitioner v. Thomas Dugal, et al.; No. 979062. Robert J. Castaldi, Petitioner v. Township of Radnor, et al.; No. 979516. Joseph A. Gallo, Petitioner v. Peggy L. Kernan, Warden; No. 979620. Bryan Edmond Hunt, Petitioner v. United States; No. 9867. William H. Brandt, Petitioner v. Norm Maleng, et al.; and No. 98164. William H. Brandt, Petitioner v. King County District Court, Shoreline Division; No. 9877. Richard Breedlove and Nadine Tanner, etc., Petitioners v. Earthgrains Baking Companies, Inc., dba Campbell Taggart Baking Company, Inc.; No. 98285. John Hammons, dba Full Circle Distributing, Petitioner v. Alcan Aluminum Corp., et al.; No. 98333. George R. "Tex" Wood, Petitioner v. M. Bruce Meadows, Secretary, State Board of Elections of Virginia; No. 98355. Gwendolyn Wright, Petitioner v. Paul Frederiksen; No. 98356. Ralph D. Ray, Petitioner v. United States;

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MONDAY, DECEMBER 7, 1998 359 No. 985129. Arlene A. Kierstead, Petitioner v. William K. Suter, Clerk, Supreme Court of the United States, et al.; and Arlene A. Kierstead, Petitioner v. William K. Suter, et al.; No. 985157. Jerry Lester Willis, Petitioner v. Leland Linahan, Warden; No. 985413. Robert M. Tweed, Jr., Petitioner v. Reginald A. Wil- kinson, Director, Ohio Department of Rehabilitation and Correction, et al.; No. 985585. Lucio A. Barroga, Petitioner v. Kayla J. Gillan, et al.; No. 985622. Christopher Hugh Lucas, Petitioner v. Nelson Brinson, Warden, et al.; No. 985871. Reynell A. H. Lynch, Petitioner v. Pathmark Supermarkets; No. 985887. Richard Marcelle Elbert, Petitioner v. United States; No. 985911. Karl Hinze LaGrand and Walter Burnhart LaGrand, Petitioners v. Terry L. Stewart, Director, Arizona Department of Corrections; No. 985915. Ralphael Okoro, Petitioner v. United States; No. 986004. In Re Keith B. Webb, aka Keith B. Webb-El, Peti- tioner; and No. 986080. Jose Angel Perez, Petitioner v. United States. Petitions for rehearing denied.

Attorney Discipline No. D1960. In the Matter of Disbarment of Michael Charles Meisler. Motion to vacate order of October 5, 1998, denied. No. D1989. In the Matter of Disbarment of Carl Thompson Wol- from. Disbarment order entered. No. D1990. In the Matter of Disbarment of Wyatt Nowlin Taylor. Disbarment order entered. No. D1992. In the Matter of Disbarment of Perry Thomas Christy. Disbarment order entered. No. D1993. In the Matter of Disbarment of Thomas Scott Richard- son, Jr. Disbarment order entered. No. D1994. In the Matter of Disbarment of Keith Martin Krasnove. Disbarment order entered. No. D1995. In the Matter of Disbarment of John B. Stevenson, Jr. Disbarment order entered. No. D2015. In the Matter of Disbarment of Gilmer P. Hingle. Gil- mer P. Hingle, of Monroe, Louisiana, is suspended from the practice of

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360 MONDAY, DECEMBER 7, 1998 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. D2016. In the Matter of Disbarment of Z. Hershel Smith. Z. Hershel Smith, of Brooklyn, 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. D2017. In the Matter of Disbarment of Willi James Glee. Willi James Glee, of Charleston, South Carolina, 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. D2018. In the Matter of Disbarment of Joseph C. Martucci. Joseph C. Martucci, of Miami, 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. D2019. In the Matter of Disbarment of Jack Nowell Frost. Jack Nowell Frost, of Plainfield, 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, December 14, 1998, until Monday, January 11, 1999.

Admissions to the Bar on Written Motions Applicant City and State Movant Maura J. Abeln Toledo, OH Stephen Michael Snyder John Christian Adams Alexandria, VA Scott G. Bullock William Wright Banks, Jr. Atlanta, GA Daniel M. Formby John E. Barry Oakton, VA Bert W. Rein Scott Leonard Carey Chicago, IL Scott M. Seaman Rene Antonio Chacon San Francisco, CA Laurence Keith Sullivan Joseph Franklin Cleveland, Fort Worth, TX Tom B. Renfro Jr.

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MONDAY, DECEMBER 7, 1998 361

Applicant City and State Movant William Kearns Davis, Jr. Greensboro, NC James T. Williams, Jr. Craig Steven Davis Grand Rapids, MN Stephen Charles Fiebiger Karen M. Doty Akron, OH Robert M. Gippin Erik Felix Dyhrkopp Chicago, IL Scott M. Mendel Melvin Ray Evans Powder Springs, Leslie P. George GA Daniel W. Ferm Bainbridge Island, Mary H. Spillane WA David Arthur Frey Lake Villa, IL John Edward Munger Cynthia Anne Frey Great Falls, VA Joel Mark Cockrell Steven G. Gey Tallahassee, FL Charles W. Ehrhardt Iris Gomez Boston, MA Ernest Winsor David Fleming Hanson Columbus, OH Kort W. Gatterdam Donald F. Heath, Jr. Oklahoma City, Donna N. Blakley OK John Lawrence Hendricks Dallas, TX Lisa Staler Gallerano Delane Taylor Hendrix Austin, TX Margaret Portman Griffey Linda Lee Houghtaling Miami, FL Jeffrey Stuart Weiner John Wilson Hutto Hattiesburg, MS Sheridan Phillip Hunt, Jr. Douglas L. Jackson Edin, OK David C. Henneke Clyde William Keenan Memphis, TN Clifford Davis Pierce, Jr. Charles Bennett Klein Washington, DC Eric Weston Bloom David W. Koch Washington, DC Barry M. Heller Charles Spyros Kyriazos Miami, FL Arthur Jay England, Jr. William Andrew Levin San Francisco, CA Stephen Michael Snyder

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362 MONDAY, DECEMBER 7, 1998

Applicant City and State Movant Vincent Lee Marable, III Wharton, TX Luther H. Soules, III Michael Quinten Martin Silver City, NM Charles A. Harwood Abel Martinez San Antonio, TX Lawrence D. Smith Jay Fred McCown Oklahoma City, J. Gary Nolan OK Quick, II Ralph McDonald Raleigh, NC Gary Stephen Parsons James Richard McGarry Martinsville, VA Robert W. Mann Gary Joseph McNamara New Orleans, LA Galen S. Brown Michael Stratton Miller Columbus, OH Dennis Michael McCarthy Douglas John Moench, Jr. Cheyenne, WY Michael Lee Hubbard Dale J. Montpelier Knoxville, TN Pamela L. Reeves John Thomas Moran, Jr. Washington, DC M. Elizabeth Kent Robert Gray Palmer Columbus, OH Dennis Michael McCarthy Sung Bae Park Los Angeles, CA Verna Jean Wefald Christopher Evan Parker Atlanta, GA Benton J. Mathis, Jr. Pamela Kaplan Pelto Fairfax, VA Jan Lois Ernstmeyer Brodie Mark Edward Peneguy New Orleans, LA Galen S. Brown Julia Christina Rieman Enid, OK David C. Henneke Timothy Sears San Francisco, CA William David Holsberry Mary Denise Stanford Raleigh, NC Gary Stephen Parsons Joel A. Stein Chicago, IL Marcia B. Orr J. Stuart Teague, Jr. Atlanta, GA Richard W. Wilson, Jr. C. J. Steuart Thomas, III Staunton, VA Joseph Ross Newell, III David Alan Voges Lansing, MI Thomas L. Casey Shereen M. Walls Atlanta, GA Daniel M. Formby

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MONDAY, DECEMBER 7, 1998 363

Applicant City and State Movant Bruce Matthew Wexler New York, NY Charles Porter Baker Allen J. Wilt Reno, NV Richard W. Horton J. Davy Yockey Trevose, PA Randall C. Flager Katherine A. Young Knoxville, TN Pamela L. Reeves

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

John Anthony Azzarello Newark, NJ Paul Reinherz Quitman Wolfson Faith S. Hochberg Newark, NJ Paul Reinherz Quitman Wolfson Patrick Louis Rocco Bedminster, NJ Paul Reinherz Quitman Wolfson Teresa L. Davis Washington, DC Douglas Howard Kohrt Ann M. Garroitt Scottsdale, AZ Gale Leroy Garriott Edwin L. Lewis, III New York, NY Martin Sander Kaufman William Andrew Marsh, III Durham, NC William Andrew Marsh, Jr. Donna E. Anderson Elmont, NY Verena Celestene Powell Mayra E. Bell New York, NY Verena Celestene Powell Margo Kitsy Brodie New York, NY Verena Celestene Powell Marjorie A. Cadogan New York, NY Verena Celestene Powell Iris Crews St. Albans, NY Verena Celestene Powell Donna M. Douglas New York, NY Verena Celestene Powell Pamela Patton Fynes Brooklyn, NY Verena Celestene Powell

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364 MONDAY, DECEMBER 7, 1998

Applicant City and State Movant Diane Ridley Gatewood Brooklyn, NY Verena Celestene Powell Sandra Denise New York, NY Verena Celestene Glaves-Morgan Powell Stephanie E. McGregor New York, NY Verena Celestene Powell Yvonne Marie Mariette Brooklyn, NY Verena Celestene Powell Raymi Victoria Ramseur New York, NY Verena Celestene Powell Adrienne Diane Williams Brooklyn, NY Verena Celestene Powell

Oral Arguments No. 97-1709. Kumho Tire Company, Ltd., et al., Petitioners v. Pat- rick Carmichael, etc., et al. Argued by Mr. Joseph H. Babington for the petitioners, by Mr. Jeffrey P. Minear for the United States as amicus curiae, by special leave of the Court, and by Mr. Sidney W. Jackson for the respondents. No. 971139. United States, Petitioner v. Jacinto Rodriguez-Moreno. Argued by Mr. Paul R. Q. Wolfson for the petitioner and by Mr. John P. McDonald for the respondent.

Adjourned until Tuesday, December 8, 1998, at 10 o'clock.

Certiorari Denied No. 986976. Daniel Lee Corwin, Petitioner v. Gary L. Johnson, Di- rector, Texas Department of Criminal Justice, Institutional Division. Application for stay of execution of sentence of death and for certificate of appealability presented to Justice Scalia and by him referred to the Court denied. Motion to supplement the record 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, DECEMBER 8, 1998 365 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 Kenneth L. Klothen Swarthmore, PA Harris L. Wofford, Jr. Douglas Henry Hilton Stafford, VA Harris L. Wofford, Jr. Britanya Ellen Rapp Richmond, VA Harris L. Wofford, Jr. Wilsie York Minor Washington, DC Harris L. Wofford, Jr. Frank Robert Trinity Washington, DC Harris L. Wofford, Jr. Nicola Orit Goren Washington, DC Harris L. Wofford, Jr. Kelly Arnita Gerald Philadelphia, PA Cynthia June Rapp Jeffrey M. Wintner New York, NY Elihu Inselbuch Arthur Edward Lees Lakewood, CO Samuel Eric Hans Ericsson Opinions

No. 977597. Patrick D. Knowles, Petitioner v. Iowa. On writ of cer- tiorari to the Supreme Court of Iowa. Judgment reversed, and case remanded to the Supreme Court of Iowa for further proceedings not inconsistent with the opinion of this Court. Opinion by The Chief Justice. No. 977213. Sylvester Mosley, Petitioner v. United States. On writ of certiorari to the United States Court of Appeals for the Third Cir- cuit. Order granting certiorari March 23, 1998, vacated, and petition for writ of certiorari dismissed. Opinion Per Curiam announced by The Chief Justice. Oral Arguments

No. 971704. Esteban Ortiz, et al., Petitioners v. Fibreboard Corpo-

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366 TUESDAY, DECEMBER 8, 1998 ration, et al. Argued by Mr. Laurence H. Tribe for the petitioners and by Mr. Elihu Inselbuch for the respondents. No. 971536. Arizona Department of Revenue, Petitioner v. Blaze Construction Company, Inc. Argued by Mr. Patrick Irvine for the peti- tioner, by Ms. Beth S. Brinkmann for the United States as amicus curiae, by special leave of the Court, and by Mr. Bruce C. Smith for the respondent.

Adjourned until Wednesday, December 9, 1998, at 10 o'clock.

Rehearing Denied No. 985731. Joe Louis Truesdale, 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 rehearing denied.

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(JOURNAL) WEDNESDAY, DECEMBER 9, 1998 367 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 Susan DeAnn Rogers Norman, OK Cynthia June Rapp Katherine H. Wheatley Washington, DC Arthur Barry Spitzer Norma Ida Reyes Chicago, IL Benna Ruth Solomon Perry S. Bechky Washington, DC Robert E. Herzstein Elaine N. Lammert Lakeridge, VA Nancy A. Healy Mary Kett Healy Lynchburg, VA Joseph Francis Healy, Jr. Terence Michael Healy Washington, DC Joseph Francis Healy, Jr. Lisa Anne Hoffman Chciago, IL William Lloyd Browers Michael Marc Glick Chicago, IL William Lloyd Browers Paula J. Desio Washington, DC John R. Steer Paul Edward Fiorelli Cincinnati, OH John R. Steer

Oral Arguments

No. 971121. City of Chicago, Petitioner v. Jesus Morales, et al. Ar- gued by Mr. Lawrence Rosenthal for the petitioner and by Mr. Harvey Grossman for the respondent. No. 977541. Amanda Mitchell, Petitioner v. United States. Argued by Mr. Steven A. Morley for the petitioner and by Mr. Michael R. Dreeben for the respondent.

Adjourned until Monday, December 14, 1998, at 10 o'clock.

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368 WEDNESDAY, DECEMBER 9, 1998 Certiorari Denied No. 987206. Danny Lee Barber, 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.

Order In Pending Case No. M35. Tuan Anh Nguyen, Petitioner v. Gary Gibson, Warden. Motion to permit the filing of a petition for writ of certiorari denied. Application for stay of execution of sentence of death presented to Justice Breyer and by him referred to the Court denied. Justice Ste- vens, Justice Souter, Justice Ginsburg, and Justice Breyer would grant the application for stay of execution.

Order In Pending Case No. 987167. In Re Tuan Anh Nguyen, Petitioner. Application for stay of execution of sentence of death presented to Justice Breyer and by him referred to the Court denied. Petition for writ of habeas cor- pus denied.

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(JOURNAL) THURSDAY, DECEMBER 10, 1998 369 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. 987001. Joseph Stanley Faulder, 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 granted pending dispo- sition 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, DECEMBER 11, 1998 371 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. 987236. Louis Joe Truesdale, Petitioner v. David M. Beasley, Governor of South Carolina, 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.

Order In Pending Case No. A475. Louis Joe Truesdale, Applicant v. Michael W. Moore, Di- rector, 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.

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(JOURNAL) MONDAY, DECEMBER 14, 1998 373 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice O'Connor, Justice Scalia, 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."

Per Curiam Opinion No. 98437. Arthur Calderon, Warden, Petitioner v. Russell Cole- man. On petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Motion of respondent for leave to pro- ceed in forma pauperis and petition for writ of certiorari granted. 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 per curiam. Dissenting opinion by Justice Stevens with whom Justice Souter, Justice Ginsburg, and Justice Breyer join.

Orders In Pending Cases No. 97843. Aurelia Davis, as Next Friend of LaShonda D., Peti- tioner v. Monroe County Board of Education, et al. Motion of American Civil Liberties Union, 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.

No. 971732. California Public Employees' Retirement System, et al., Petitioners v. Paul Felzen, et al. Motion of Public Citizen, Inc., 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. Justice O'Connor took no part in the consideration or decision of these motions. No. 972000. American Manufacturers Mutual Insurance Company, et al., Petitioners v. Delores Scott Sullivan, et al. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted. No. 9884. National Collegiate Athletic Association, Petitioner v. R. M. Smith. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted.

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374 MONDAY, DECEMBER 14, 1998 No. 9885. James B. Hunt, Jr., Governor of North Carolina, et al., Appellants v. Martin Cromartie, et al. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted. No. 9897. Eloise Anderson, Director, California Department of So- cial Services, et al., Petitioners v. Brenda Roe and Anna Doe, etc. Mo- tion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted. No. 98184. Wyoming, Petitioner v. Sandra Houghton. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted. No. 98369. National Aeronautics and Space Administration, etc., et al., Petitioners v. Federal Labor Relations Authority, et al. Motion of the Solicitor General to dispense with printing the joint appendix granted. No. 98436. John H. Alden, et al., Petitioners v. Maine. Motion of the United States for leave to intervene granted. No. 986817. Barbara Schwarz, Petitioner v. Federal Bureau of In- vestigation. Motion of petitioner for leave to proceed in forma pau- peris denied. See Rule 39.8. Petitioner allowed until January 4, 1999, 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. 986818. Barbara Schwarz, Petitioner v. National Institute of Corrections, et al. Motion of petitioner for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner allowed until January 4, 1999, 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. 986819. Barbara Schwarz, Petitioner v. United States Parole Commission, et al. Motion of petitioner for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner allowed until January 4, 1999, 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. 986820. Barbara Schwarz, Petitioner v. National Archives and Records Administration. Motion of petitioner for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner allowed until January 4, 1999, within which to pay the docketing fee required by Rule 38(a)

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MONDAY, DECEMBER 14, 1998 375 and to submit a petition in compliance with Rule 33.1 of the Rules of this Court. Certiorari Granted No. 98536. Tommy Olmstead, Commissioner, Georgia Department of Human Resources, et al., Petitioners v. L. C., By Jonathan Zimring, Guardian Ad Litem and Next Friend, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Eleventh Circuit granted. Certiorari Denied No. 98370. Seagate Technology, Inc., Petitioner v. Maudie Beaird, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied. No. 98390. Michael K. DePaepe, Executor of the Estate of Kenneth J. DePaepe, Petitioner v. General Motors Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 98419. Charles Simpson Christopher, aka Chris Christopher, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 98439. Mara Kirsh, et vir, Petitioners 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. 98472. Greater New Orleans Expressway Commission, David Hurstell, and James Digby, Petitioners v. Robert G. Pendergrass. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 98505. Edward H. Mathews, Petitioner v. Sears Pension Plan and Sears, Roebuck & Company. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 98520. Clara Palm, Individually and as Surviving Parent of Anthony Robert Palm, Deceased, Petitioner v. Las Vegas Metropolitan Police Department, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98578. Lorenzo Colston, et al., Petitioners v. Bryan Barnhart. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 98603. William J. Kerth and E. Lawrence Hanson, Petitioners v. Hamot Health Foundation, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

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376 MONDAY, DECEMBER 14, 1998 No. 98608. Cleo Jones, et al., Petitioners v. Georgia Pacific Corpora- tion, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 98613. Peoples Bank and Trust Company of Hazard, Petitioner v. Wilson David Penick, dba W. Penick Electrical Construction, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 98620. Stone Consolidated, Inc., Petitioner v. M/V Kapetan Martinovic, Her Engines, Boilers, etc., In Rem, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 98623. Jerry K., Petitioner v. Dawn D. Petition for writ of cer- tiorari to the Supreme Court of California denied. No. 98625. James P. Brady, et al., Petitioners v. Diana J. Ohman, Secretary of State of Wyoming. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 98628. Joseph Noel Sykes, Petitioner v. Minnesota. Petition for writ of certiorari to the Court of Appeals of Minnesota denied. No. 98629. Town of Newburgh, et al., Petitioners v. Joseph H. Hol- zapfel. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 98642. Robert A. Hirschfeld, Petitioner v. Alfred Rogers, et ux., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98648. Donald P. O'Connell, et al., Petitioners v. Annmarie Mi- lazzo. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. No. 98649. Cara Lindquist, Petitioner v. Alan Condra and Hormel Foods Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 98691. Fernando Sebastian and Ralph Galedo, Petitioners v. Marinechance Shipping, Ltd. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 98694. Agnes A. Manu, Petitioner v. G.E. Capital Mortgage Services, Inc. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadelphia Office, denied. No. 98725. Eunice Greaser, Petitioner v. Missouri Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

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MONDAY, DECEMBER 14, 1998 377 No. 98741. Duane Gordon Bixler, Petitioner v. Minnesota. Petition for writ of certiorari to the Supreme Court of Minnesota denied. No. 98745. William N. Johnson, III, et ux., Petitioners v. Internal Revenue Service, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 98748. Edward Lesoon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 98755. Emile Haddad, Petitioner v. Virginia Polytechnic Insti- tute, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 98768. James N. Patterson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 98776. Frank L. Baird, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 98782. Robert Dale Nichols, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 98785. Samy A. Mankarious and Thomas K. Murphy, Petition- ers v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 98786. Garen Zakarian, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98804. George Currier, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 98813. Paul Lir Alexander, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985372. Reynaldo Marmolejo, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985444. David Duran, 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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378 MONDAY, DECEMBER 14, 1998 No. 985598. Douglas A. Roberts, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 985980. Steven Howard, aka Steebo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986012. Dinkalem Haile, Petitioner v. Immigration and Natu- ralization Service, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 986408. Kenneth V. Hemmerle, Sr., Petitioner v. Harold H. Er- dman, et al. Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth District, denied. No. 986409. Richard L. Greist, Petitioner v. Norristown State Hos- pital, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 986411. Kevin Lee Buhl, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Tenth District, denied. No. 986414. Maxwell D. White, Jr., Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 986418. Paul Sena, Petitioner v. Ronald L. Lytle, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 986419. Timothy Ray Schleeper, Petitioner v. Robert L. Camp- bell, Judge, Circuit Court of Missouri, St. Louis County. Petition for writ of certiorari to the Supreme Court of Missouri denied. No. 986430. Raymond Cerilli, Petitioner v. Leonard Barbieri, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied. No. 986443. Kenneth Eugene Turrentine, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Okla- homa denied. No. 986492. Gloria Jean Jordan, Petitioner v. Journal Newspapers, Incorporated, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986516. Maurice Mason, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 986518. Gwendolyn M. Baldwin, Petitioner v. Superior Court of the District of Columbia. Petition for writ of certiorari to the Dis- trict of Columbia Court of Appeals denied.

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MONDAY, DECEMBER 14, 1998 379 No. 986604. 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. 986614. Edward Harris Sperry, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, Third Appellate District, denied. No. 986622. Troy Lee Collie, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Second Dis- trict, denied. No. 986705. David Charles Keller, Petitioner v. Gary Lindsey, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 986710. Glenn D. Motte, Petitioner v. United States Federal Parole Officers, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 986731. Russell Coleman, Petitioner v. Arthur Calderon, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 986732. Robert Lee Cooks, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986749. Paul Mazzell, 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. 986761. Douglas Gene Mayberry, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986762. Eduardo Mantilla, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 986765. Kareem Perry, Petitioner v. Floyd Bennett, Superin- tendent, Elmira Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 986770. James H. Hutchins, 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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380 MONDAY, DECEMBER 14, 1998 No. 986777. Levi Junior Braziel, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986782. Max Mendoza, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 986789. Robert Thomas Moser, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 986790. Jerry Antonio Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986797. Ronald E. Schwensow, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 986800. Tommie Lee Suber, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986803. Nelson Garcia, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 986806. Walter Mansfield, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986814. Chukwunwieke Umegbolu, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986815. Gulmohamed Abdulkader Serang, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986816. Steven Levon Swint, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986823. Lee Vernell Jackson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 986826. Norman Robert Knight, III, Petitioner v. Department of the Navy. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

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MONDAY, DECEMBER 14, 1998 381 No. 986827. Kenneth Thomas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 986828. Percy Barron, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 986831. Richard D. Mathes, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986832. Juvenile, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Cir- cuit denied. No. 986833. Thomas Delton Lucas, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986834. Burlon R. Davis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 986835. Zulma Andino, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 986836. Claudio Brown, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 986853. Bernardo Hernandez-Castillo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 986855. Alpidio Donias Gonzalez, aka PIO, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986857. Anthony Zenone and Michael Zenone, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986861. Samuel T. Taylor, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 986863. Michael Lashawn Clark, 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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382 MONDAY, DECEMBER 14, 1998 No. 98366. David R. McKune, Warden and Charles Simmons, Secre- tary of Corrections, Petitioners v. Mark L. Steltzlen. Motion of re- spondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the Court of Appeals of Kansas denied. No. 98367. Robert D. Hannigan, Warden, et al., Petitioners v. Ray- mond F. Stansbury; and Charles Simmons, Secretary of Corrections, et al., Petitioners v. Michael A. Bankes. Motion of respondent Raymond F. Stansbury for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the Supreme Court of Kansas denied. No. 98636. Alan K. Silberstein, et al., Petitioners v. Kathleen Zwaan. 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 Third Circuit denied.

Habeas Corpus Denied No. 986948. In Re Humberto Morales, Petitioner. Petition for writ of habeas corpus denied.

Mandamus Denied No. 98708. In Re Scott E. Stafne, Petitioner. Motion of Center for Judicial Accountability for leave to file a brief as amicus curiae granted. Petition for writ of mandamus denied. No. 986484. In Re Gillermo Bazua-Aviles, Petitioner. Petition for writ of mandamus and/or prohibition denied.

Rehearings Denied No. 979251. Richard L. Bast, Petitioner v. Victor M. Glasberg, et al.; No. 979351. Kenneth Leron Satterwhite, Petitioner v. Vernice Small, et al.; No. 979456. Willie B. Powell, Petitioner v. Ralph Battle, Warden; No. 979665. Tracy Brian Brown, Petitioner v. Gary L. Johnson, Di- rector, Texas Department of Criminal Justice, Institutional Division; No. 979674. Roger Hummel, Petitioner v. Jose J. Baca, Judge, Dis- trict Court of Texas, El Paso County; No. 985015. David Jennings, Petitioner v. Donald T. Vaughn, Super- intendent, State Correctional Institution at Graterford, et al.; No. 985184. Stephen T. Rangen, Petitioner v. Securities and Ex- change Commission; No. 985400. William B. O'Connell, Jr., Petitioner v. Theresa Baca, Judge, District Court of New Mexico, Bernalillo County, et al.;

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MONDAY, DECEMBER 14, 1998 383 No. 985632. Jack Wayne Smalley, Petitioner v. Frederick K. Frank, Superintendent, State Correctional Institution at Huntingdon, et al.; No. 985763. Bill Colon, Petitioner v. Florida Commission on Ethics, et al.; No. 985991. Robert R. Prunte, Petitioner v. Walt Disney Company, et al.; and No. 986076. Charles Edward Sweeney, Jr., Petitioner v. United States. Petitions for rehearing denied. No. 985602. Vincent Faustino Rivera, Petitioner v. Florida; and No. 985722. Vincent F. Rivera, Petitioner v. Florida Department of Corrections. Motions for leave to file petitions for rehearing denied.

Attorney Discipline No. D1996. In the Matter of Disbarment of Harold L. Braxton. Dis- barment order entered. No. D1998. In the Matter of Disbarment of Richard D. Torpy. Dis- barment order entered. No. D1999. In the Matter of Disbarment of Raymundo Campos Quiroz. Disbarment order entered. No. D2001. In the Matter of Disbarment of James L. Lalime. Dis- barment order entered. No. D2002. In the Matter of Steven H. Gifis. Steven H. Gifis, of Pennington, 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 November 2, 1998, is discharged. No. D2020. In the Matter of Disbarment of John Fitsos. John Fitsos, 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.

Admissions to the Bar on Written Motions Applicant City and State Movant James Dollar Baskin, III Austin, TX William Wolcott Goodrich, Jr. Daniel J. S. Becker St. Paul, MN Gregory Scott Madsen David J. Bowling Richmond, VA Courtney George Hyers

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384 MONDAY, DECEMBER 14, 1998

Applicant City and State Movant John Robertson Caldwell Fayetteville, TN James M. Doran, Jr. Terrance Arthur Costello St. Paul, MN Bruce Eugene Hanson Robert Scott Davis Tyler, TX Judge William M. Steger Mark Alan Draper Punta Gorda, FL Earl Drayton Farr, Jr. Richard Eisenberg Sarasota, FL Susan M. Otto James Robert Griffin Dallas, TX Gary L. Ingram J. Danny Hackney Birmingham, AL John Joseph Smith, Jr. David Alan Holmes Port Charlotte, Earl Drayton FL Farr, Jr. Kenneth Hugh Holt Houston, TX John Joseph Edmonds Susan L. Karamanian Dallas, TX Morris Harrell Carlos Daniel Levy Los Angeles, CA Linton Joaquin Marc A. Lyons Coeur d'Alene, ID Michael Bruce Hague James W. Maddox, Jr. Los Angeles, CA Lewis Nash Levy Sue Ann Nelson Minneapolis, MN James R. Crassweller Barbara E. Ransom Philadelphia, PA Michael Churchill Michael M. Shih New York, NY David Arthur Kalow Milton Springut New York, NY David Arthur Kalow Georgia Tibbetts Cheyenne, WY Paul S. Rehurek Jorge A. Toro-McCown San Juan, PR Arturo Luis Davila Toro Bergitta K. Trelstad Seattle, WA Doug Ross D. Gregory Valenza San Francisco, CA David S. Bradshaw William Earnest Whitfield, Gulfport, MS James O. Dukes III Carl Theodore Wimberley, Houston, TX Jeffrey Lloyd III Joyce Jeffrey Jack Wolf Fort Worth, TX Gary L. Ingram George Parker Young Fort Worth, TX David Evans Keltner

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MONDAY, DECEMBER 14, 1998 385 Admissions to the Bar on Oral Motions Applicant City and State Movant Elizabeth A. Walch Bradenton, FL David Paul Montgomery Mary Joanne Acevedo Edison, NJ Francisco S. Marinas Stephanie Setzer Basking Ridge, NJ Francisco S. Marinas Kirsten V. Lake Ridge, VA Michael J. Campbell-Brunson Marchand Scott A. De La Vega Washington, DC Michael J. Marchand Daniel Grant Brookhart Davenport, IA Michael J. Marchand Kelly R. Bailey St. Charles, MO Michael J. Marchand Marc David Alexander Yorktown, VA Michael J. Cipriano Marchand Marcella Rose Twin Falls, ID Michael J. Edwards-Burden Marchand James A. Lewis Cincinnati, OH Michael J. Marchand John Charles Einstman Virginia Beach, Michael J. VA Marchand Joseph A. Pixley Seattle, WA Michael J. Marchand

Opinions No. 961570. NYNEX Corporation, et al., Petitioners v. Discon, In- corporated. On writ of certiorari to the United States Court of Appeals for the Second Circuit. Judgment vacated, and case remanded to the United States Court of Appeals for the Second Circuit for further pro- ceedings in conformity with the opinion of this Court. Opinion by Jus- tice Breyer. No. 971472. Michael A. Haddle, Petitioner v. Jeanette G. Garrison, et al. 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 further proceedings in conformity with the opinion of this Court. Opinion by The Chief Justice.

Adjourned until Monday, January 11, 1999, at 10 o'clock.

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(JOURNAL) WEDNESDAY, DECEMBER 16, 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.

Habeas Corpus Denied No. 987249. In Re John Wayne Duvall, Petitioner. Application for stay of execution of sentence of death presented to Justice Breyer and by him referred to the Court denied. Petition for writ of habeas cor- pus denied.

Certiorari Denied No. 987273. John Wayne Duvall, Petitioner v. Dan Reynolds, War- den. Application for stay of execution 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.

Certiorari Denied No. 987289. John Wayne Duvall, Petitioner v. Frank Keating, Gov- ernor of Oklahoma, et al. Application for stay of execution 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.

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(JOURNAL) THURSDAY, DECEMBER 17, 1998 389 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. 98536. Tommy Olmstead, Commissioner, Georgia Department of Human Resources, et al., Petitioners v. L. C., By Jonathan Zimring, Guardian Ad Litem and Next Friend, et al. The order of December 14, 1998, granting the petition for a writ of certiorari is amended as fol- lows: "The petition for a writ of certiorari is granted limited to Ques- tion 1 presented by the petition."

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(JOURNAL) FRIDAY, DECEMBER 18, 1998 391 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. 987318. Andrew Lavern Smith, Petitioner v. Michael 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.

Habeas Corpus Denied No. 987323. In Re Andrew Lavern Smith, 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 denied.

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(JOURNAL) TUESDAY, JANUARY 5, 1999 393 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. A547. John Glenn Moody, Applicant v. Victor Rodriguez, et al. Application for stay of execution of sentence of death presented to Justice Scalia and by him referred to the Court denied.

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(JOURNAL) FRIDAY, JANUARY 8, 1999 395 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. 971943. Karen Sutton and Kimberly Hinton, Petitioners v. United Air Lines, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit granted. Brief of peti- tioners to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Monday, February 22, 1999. Brief of respondent to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Wednesday, March 24, 1999. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Mon- day, April 12, 1999. Rule 29.2 does not apply. No. 971992. Vaughn L. Murphy, Petitioner v. United Parcel Service, Inc. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit granted limited to Questions 1 and 4 pre- sented by the petition. Brief of petitioner to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Monday, Febru- ary 22, 1999. Brief of respondent to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Wednesday, March 24, 1999. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Monday, April 12, 1999. Rule 29.2 does not apply. No. 98149. College Savings Bank, Petitioner v. Florida Prepaid Postsecondary Education Expense Board, et al. 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, February 22, 1999. Briefs of respondents to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Wednesday, March 24, 1999. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Monday, April 12, 1999. Rule 29.2 does not apply. No. 98531. Florida Prepaid Postsecondary Education Expense Board, Petitioner v. College Savings Bank and United States. Motion of The Regents of the University of California for leave to file a brief as amicus curiae granted. Petition for writ of certiorari to the United

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396 FRIDAY, JANUARY 8, 1999 States Court of Appeals for the Federal Circuit granted. Brief of peti- tioner to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Monday, February 22, 1999. Briefs of respondents to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Wednesday, March 24, 1999. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m. Mon- day, April 12, 1999. Rule 29.2 does not apply. No. 98591. Albertsons, Inc., Petitioner v. Hallie Kirkingburg. Mo- tion of American Trucking Associations, et al., for leave to file a brief as amici curiae granted. Motion of United Parcel Service of America, 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 Ninth Cir- cuit granted. Brief of petitioner to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Monday, February 22, 1999. Brief of respondent to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Wednesday, March 24, 1999. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Monday, April 12, 1999. Rule 29.2 does not apply.

Certiorari Denied No. 987541. Ronnie Howard, 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, JANUARY 11, 1999 397 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. 986945. In Re Michael Kennedy, Petitioner. On motion of peti- tioner for leave to proceed in forma pauperis. Motion of petitioner for leave to proceed in forma pauperis denied. Rule 39.8. Petitioner al- lowed until February 1, 1999, within which to pay the docketing fee required by Rule 38(a) and submit a petition in compliance with Rule 33.1 of the Rules of this Court. Opinion per curiam. Dissenting state- ment by Justice Stevens.

Appeal-Summary Disposition No. 98548. Stephanie Parker-Weaver, et al., Appellants v. Kirk For- dice, Governor of Mississippi, et al. Appeal from the United States District Court for the Southern District of Mississippi. Judgment affirmed.

Orders In Pending Cases No. M34. Hugo P., Petitioner v. George P., et al. Motion for leave to proceed in forma pauperis without an affidavit of indigency exe- cuted by petitioner granted. No. 97843. Aurelia Davis, as Next Friend of LaShonda D., Peti- tioner v. Monroe County Board of Education, et al. Motion of National School Boards Association, et al., for leave to participate in oral argu- ment as amici curiae and for divided argument denied. No. 971049. John Lynn, Individually and as a Town of Clarkstown Police Officer, et al., Petitioners v. Ernesto Murphy. Motion of respond- ent for compensation and expenses denied without prejudice to refiling in the United States Court of Appeals for the Second Circuit. No. 971625. California Dental Association, Petitioner v. Federal Trade Commission. Motion of Consumer Dental Choice Project, etc. for leave to file a brief as amicus curiae granted.

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398 MONDAY, JANUARY 11, 1999 No. 985864. Tommy David Strickler, Petitioner v. Fred W. Greene, Warden. Motion of National Association of Criminal Defense Lawyers, et al., for leave to file a brief as amici curiae granted. No. 985881. Benjamin Lee Lilly, Petitioner v. Virginia. Motion of National Association of Criminal Defense Attorneys, et al. for leave to file a brief as amici curiae granted. No. 986024. Charol L. Stafford, et vir, Petitioners v. Charles O. Rossotti, Commissioner of Internal Revenue. Motion of petitioners for reconsideration of order denying leave to proceed in forma pauperis denied. No. 986127. Vincent F. Rivera, Petitioner v. Catherine B. Allin, et al. Motion of petitioner for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner allowed until February 1, 1999, 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. 986385. Jack Swisher, Petitioner v. Texas Commission for Law- yer Discipline. Motion of petitioner for leave to proceed in forma pau- peris denied. Petitioner allowed until February 1, 1999, 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. 986510. In Re Vincent F. Rivera, Petitioner. Motion of peti- tioner for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner allowed until February 1, 1999, 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. 986618. Carol A. Sansone, Petitioner v. MCI Telecommunica- tions. Motion of petitioner for leave to proceed in forma pauperis de- nied. Petitioner allowed until February 1, 1999, 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. 986621. Jack Swisher, Petitioner v. Texas Commission for Law- yer Discipline. Motion of petitioner for leave to proceed in forma pau- peris denied. Petitioner allowed until February 1, 1999, 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. 986679. Perry Jay Mace, Petitioner v. Missouri Department of Social Services, Division of Child Support Enforcement. Motion of petitioner for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner allowed until February 1, 1999, within which to pay

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MONDAY, JANUARY 11, 1999 399 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. 986713. Perry Jay Mace, Petitioner v. Missouri, et al. Motion of petitioner for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner allowed until February 1, 1999, 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. 986879. Perry J. Mace, Petitioner v. Missouri, et al. Motion of petitioner for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner allowed until February 1, 1999, 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. 98243. Joseph R. Redmon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 98457. David M. Dale, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 98473. United States, ex rel., Sequoia Orange Company and Lisle Babcock, Petitioners v. Sunkist Growers, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98488. Julian R. McDermott, et ux., Petitioners v. Commis- sioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 98500. Andrew Holmes, et al., Petitioners v. California Army National Guard, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98535. Texas Education Agency, Petitioner v. Karen Hansen Messer. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 98551. Triple A Fire Protection, Inc., Petitioner v. National Labor Relations Board and Road Sprinkler Fitters Local Union 669, AFL-CIO. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 98559. William Franklin Austin, Petitioner v. Cynthia Lee Dawson-Austin. Petition for writ of certiorari to the Supreme Court of Texas denied.

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400 MONDAY, JANUARY 11, 1999 No. 98561. Exxel/Atmos, Inc., Petitioner v. National Labor Rela- tions Board and United Steelworkers of America. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 98569. Amsterdam Video, Inc, et al., Petitioners v. City of New York, et al.; and No. 98574. Rachel Hickerson, et al., Petitioners v. City of New York, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 98581. Edward D. Soth, Jr., Petitioner v. Baltimore Sunpapers, Incorporated, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 98583. Chauncey Jackson, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 98622. William B. Falow, Petitioner v. Grievance Committee for the Ninth Judicial District of New York. Petition for writ of certio- rari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied. No. 98633. Willie J. Dunn, Petitioner v. Alabama Agricultural and Mechanical University, et al. Petition for writ of certiorari to the Court of Civil Appeals of Alabama denied. No. 98635. Frances McPhail, Administratrix of the Estate of David Harry McPhail, Deceased, Petitioner v. Mitsubishi Motor Manufactur- ing of America, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 98644. Charles S. Barker and Express Golf, Inc., Petitioners v. Golf U.S.A., Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 98647. Nebraska, Petitioner v. Aaron Pattno. Petition for writ of certiorari to the Supreme Court of Nebraska denied. No. 98650. Nitram, Inc., et al., Petitioners v. M. A. N. Gutehoffnun- gshutte GmbH. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 98654. Southeastern Pennsylvania Transportation Authority and Transportation Displays, Inc., Petitioners v. Christ's Bride Minis- tries, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 98656. Rosalinda Lopez, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appel- late District, denied.

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MONDAY, JANUARY 11, 1999 401 No. 98666. Carol Kolodziej, Petitioner v. Edward J. Reines. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 98669. Leviton Manufacturing Co., Inc., Petitioner v. Rhode Island Insurers' Insolvency Fund. Petition for writ of certiorari to the Supreme Court of Rhode Island denied. No. 98672. American Blind & Wallpaper Factory, Inc., Petitioner v. Alvord Polk, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 98673. Kordice M. Douglas, Petitioner v. DynMcDermott Petro- leum Operations Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 98675. Wesley G. Harline, Petitioner v. Department of Justice, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied. No. 98679. Metro Ford Truck Sales, Inc., Petitioner v. Ford Motor Company. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 98680. William Sumner Scott, Petitioner v. Prudential Securi- ties, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 98681. Verna Monks, aka Verna Stafford, Petitioner v. Neville Massie, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 98685. Steven Anderson, et al., Petitioners v. Anheuser-Busch Companies, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98686. Ronald S. Leventhal, etc., Petitioner v. Dave Bauer. Petition for writ of certiorari to the Court of Appeals of Georgia denied. No. 98696. Beverly Horn, Petitioner v. Bassett Furniture Indus- tries, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 98698. Allan C. Aldridge, et al., Petitioners v. Lily-Tulip, Inc., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. No. 98699. Joseph E. Boyett, Petitioner v. Troy State University at Montgomery (TSUM), et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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402 MONDAY, JANUARY 11, 1999 No. 98700. Grand River Dam Authority, et al., Petitioners v. Jack Dalrymple, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 98702. Lawrence County, et al., Petitioners v. Johnny Lee Wil- son. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied. No. 98710. Jay B. Marcus, et al., Petitioners v. Iowa Public Televi- sion, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 98712. Charles R. Strasburger, Petitioner v. Board of Educa- tion, Hardin County Community Unit School District No. 1, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 98716. National Association of Broadcast Employees & Techni- cians, et al., Petitioners v. ABC, Inc., and Herbert Fishgold. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 98717. Gary A. Bybee, 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. 98728. Driltech, Inc., Petitioner v. Reedrill Corporation. Peti- tion for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 98738. Robert Tennison, et ux., et al., Petitioners v. Norma Paulus, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98743. William Lloyd Turner, Petitioner v. Bank One, Lexing- ton, N.A., et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 98749. Terrence D. Morgan, Petitioner v. William E. Cohen, Secretary of Defense. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 98754. Dirk S. Nye, Petitioner v. Securities and Exchange Com- mission. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 98763. Eric Gundacker and Dale C. Nathan, Petitioners v. Uni- sys Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

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MONDAY, JANUARY 11, 1999 403 No. 98769. Augustus J. Simmons, Petitioner v. Horace B. Wetherall, et al. Petition for writ of certiorari to the Supreme Court of Connecti- cut denied. No. 98770. Howard R. Broadman, Judge, Superior Court for Tulare County, Petitioner v. California Commission on Judicial Performance. Petition for writ of certiorari to the Supreme Court of California denied. No. 98772. Arnold M. Foss, Petitioner v. Elizabeth Morada Foss. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98781. Florence L. Peters, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 98792. Richard A. Trost, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 98800. Trail Enterprises, Inc., dba Wilson Oil Company, Peti- tioner v. City of Houston. Petition for writ of certiorari to the Court of Appeals of Texas, Fourteenth District, denied. No. 98803. Roscoe R. Beaty, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 98805. Wyman-Gordon Forgings, Inc., et al., Petitioners v. Lamar McCorkle, Judge, District Court of Harris County, Texas, et al. Petition for writ of certiorari to the Supreme Court of Texas denied. No. 98809. Emille V. DeCuir, Petitioner v. County of Los Angeles, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 98816. Michael O. Billington, 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. 98823. Robert G. Leslie, 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. 98838. Raymond Polanco, 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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404 MONDAY, JANUARY 11, 1999 No. 98841. Willie P. Coleman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 98843. Maryland, Petitioner v. Johnny Walker. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied. No. 98844. Pedro Leonardo Mascheroni, Petitioner v. Regents of the University of California, et al. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied. No. 98845. Graciela Jimenez Aragon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 98847. Liddle & Robinson, L. L. P., Petitioner v. Kidder, Pea- body & Co., Incorporated. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 98848. Richard J. Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98849. Charles Lucarelli, Petitioner v. Togo D. West, Jr., Secre- tary of Veterans Affairs, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 98855. Blue Cross and Blue Shield United of Wisconsin, Peti- tioner v. Marshfield Clinic and Security Health Plan of Wisconsin, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 98857. Norman Weslin, et al., Petitioners v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 98860. Marcus S. Minix, Petitioner v. Kentucky, et al. Petition for writ of certiorari to the Court of Appeals of Kentucky denied. No. 98861. Vernon Miller, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 98866. Joseph P. Russo, Anthony Russo, and Joseph Mentel- eone, Sr., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 98870. Donald I. Rehman, Petitioner v. ECC International Cor- poration. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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MONDAY, JANUARY 11, 1999 405 No. 98882. John Murtari, Petitioner v. Hiromi Murtari. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Fourth Judicial Department, denied. No. 98886. Edward Keith Tindol, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Eighth District, denied. No. 98890. Estate of Sammie Barman Delaune, Deceased, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 98892. Leon J. Savoie, et al., Petitioners v. Richard J. Rodney, Jr., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 98895. Rosama C. Ivery, Petitioner v. Department of the Navy. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 98904. Athi Narayan, Petitioner v. St. Charles Hospital. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 98931. Mortimer L. Grant, et ux., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98938. Ruben Johnson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 985144. Candace L. Cooper, Petitioner v. United States; and No. 985191. Glenn H. Martin, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 985406. Chad Kirch McKittrick, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 985433. James Donald Bausch, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 985496. Anthony Nyeste, 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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406 MONDAY, JANUARY 11, 1999 No. 985677. Wilfredo Mario Martinez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 985778. Robert Earle Carr, Petitioner v. Janet Vera Carr. Peti- tion for writ of certiorari to the Appeals Court of Massachusetts denied. No. 985855. Howard Allen, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied. No. 985948. Michael Monroe, Petitioner v. New Hampshire. Peti- tion for writ of certiorari to the Supreme Court of New Hampshire denied. No. 986066. Dwight Maurice Monroe, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986143. Joseph Musselwhite, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. No. 986146. Luis Eulalio Ruiz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986212. Elwood Cluck, aka Jack Cluck, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986217. Norman Timberlake, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied. No. 986386. Roy Roberts, 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. 986421. Wallace G. Mitchell, Petitioner v. Kevin Williams, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986422. Tommy Ray Mosley, Petitioner v. Arkansas. Petition for writ of certiorari to the Supreme Court of Arkansas denied. No. 986431. Charles Sims, Petitioner v. Arkansas. Petition for writ of certiorari to the Supreme Court of Arkansas denied. No. 986440. Robert Wayne Vickers, Petitioner v. Terry L. Stewart, Director, Arizona Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Cir- cuit denied.

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MONDAY, JANUARY 11, 1999 407 No. 986448. Guy T. LeGrande, Petitioner v. Anne Nicholson Hoge- wood. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. No. 986452. Drew Michael Pizzo, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. No. 986464. Jesse Lee James, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. No. 986467. James Connelly, Petitioner v. Patrick McConnell, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986472. Fidel Ruben Alvarez, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fourth Ap- pellate District, denied. No. 986473. Glenn L. Coleman, Petitioner v. Thomas A. Beilein, Sheriff. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 986478. Leonel J. Cano, 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. 986482. Richard Cross, Petitioner v. Court of Appeal of Califor- nia, Third Appellate District. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986483. Richard Charowsky, Petitioner v. David Wapinsky, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 986486. Anthony Barraza, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Third Appellate District, denied. No. 986488. Peter James Atherton, Petitioner v. Arlington County, Virginia. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986493. Paul K. McInturff, 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. 986494. Edward Marshall, Jr., Petitioner v. Dennis M. Straub, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

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408 MONDAY, JANUARY 11, 1999 No. 986497. Salvatore Moretti, Petitioner v. Chase Mortgage Serv- ices, Incorporated. Petition for writ of certiorari to the Supreme Court of New Jersey denied. No. 986511. Richard J. King, Petitioner v. Robert Wright, Superin- tendent, Clallam Bay Corrections Center. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986515. Ronald J. Jackson, Petitioner v. Stephen G. Milliken. Petition for writ of certiorari to the District of Columbia Court of Ap- peals denied. No. 986519. Freddie Carter, Petitioner v. Alton E. Caskey, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. No. 986522. James F. Johnson, Petitioner v. Thomas Kindt, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied. No. 986528. Judith A. Neelley, Petitioner v. John E. Nagle, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986530. Alvin T. Welch, Sr., Petitioner v. Burl Cain, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. No. 986534. Raymond L. Woodcock, Petitioner v. New York State Higher Education Services Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 986535. Chandan S. Vora, Petitioner v. Conemaugh Valley Me- morial Hospital of Johnstown, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 986539. Thomas Treshawn Ivey, Petitioner v. South Carolina. Petition for writ of certiorari to the Supreme Court of South Carolina denied. No. 986540. Shirzadi Kashannejad, Petitioner v. Cal Terhune, 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. 986543. Kent McCarthy, Petitioner v. Manfred Maass, Superin- tendent, Oregon State Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986546. Modella Artmore, Petitioner v. Texas; and

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MONDAY, JANUARY 11, 1999 409 No. 986547. Modella Artmore, Petitioner v. Texas. Petitions for writs of certiorari to the Court of Appeals of Texas, First District, denied. No. 986549. Morris A. Williams, Petitioner v. Raymond J. Sobina, Superintendent, State Correctional Institution at Somerset. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 986550. 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. 986552. Jeffrey S. Collier, Petitioner v. William Dragoo, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 986555. Paul Apollo Gornick, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Ap- pellate District, denied. No. 986557. Guetatchew Fikrou, Petitioner v. County of Santa Clara, et al. Petition for writ of certiorari to the Court of Appeal of California, Sixth Appellate District, denied. No. 986563. Billy Ray Gassaway, Petitioner v. R. Michael Cody, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 986566. Christopher L. Gee, Petitioner v. John Deuth. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 986568. Eddie Ford, Petitioner v. Jim Morrison, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986570. Johnny Davis, 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. 986574. Karnell Woods, 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. 986576. Wayne Porter, Petitioner v. David Rardin, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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410 MONDAY, JANUARY 11, 1999 No. 986586. Robert J. Caprood, Petitioner v. Laurie F. Bessinger, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986587. Johnny Bo Price, 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. 986590. James L. Duncan, Petitioner v. Oregon. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986599. Paul Nathaniel Boulineau, Petitioner v. Ray Wozniak, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. No. 986609. Peter Mancha, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Sixth Appellate District, denied. No. 986616. Antonio Sweatt, Petitioner v. David Poindexter, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 986617. Luis Santos, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied. No. 986620. David Parks, Petitioner v. Michael J. O'Dea, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 986624. Tommy McCall, Petitioner v. South Carolina. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986636. David Deleon Ramirez, 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. 986641. Charlie D. Love, Petitioner v. Town of Lake Provi- dence, Louisiana, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986652. Chung Yee Choi, Petitioner v. Bert Ross, Superintend- ent, Arthur Kill Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

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MONDAY, JANUARY 11, 1999 411 No. 986659. Paul C. Alberts, Petitioner v. Duane Shillinger, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 986660. Richard Orville Burgess, Petitioner v. John A. Kitz- haber, Governor of Oregon. Petition for writ of certiorari to the Su- preme Court of Oregon denied. No. 986661. Walter Banks, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. No. 986664. Larry Yarbrough, Petitioner v. City of Kingfisher, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 986666. Theodore Kelly, Petitioner v. South Carolina. Petition for writ of certiorari to the Supreme Court of South Carolina denied. No. 986673. Gerald L. Clemons, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 986683. Frank Draus, Jr., Petitioner v. Town of Houlton, Maine, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the First Circuit denied. No. 986691. Robert D. Schaffer, Jr., Petitioner v. Charles Koenig. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 986692. Gerry Ranson, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 986694. Toni Cato Riggs, Petitioner v. Michigan. Petition for writ of certiorari to the Court of Appeals of Michigan denied. No. 986701. Brenda Sue Taylor, Petitioner v. Charles Pullins, et al. Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied. No. 986703. George Allen, Petitioner v. Mike Mahoney, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986709. William Mark Mize, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. No. 986711. Lamont Johnson, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. No. 986712. Freeman May, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern Dis- trict, denied.

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412 MONDAY, JANUARY 11, 1999 No. 986717. John McLaurin, Petitioner v. George Trent, Warden. Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied. No. 986718. Paul Nagy, Petitioner v. United States District Court of the Southern District of New York. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 986719. James Jackson, Petitioner v. Robert Kuhlmann, Super- intendent, Sullivan Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 986720. Frank M. Peck, Jr., Petitioner v. Robert G. Chafin, Judge, Circuit Court of West Virginia, Wayne County, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986723. John Pedone, Petitioner v. Director, Office of Workers' Compensation Programs, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986724. Michael Palmisano, Petitioner v. United States Court of Appeals for the Seventh Circuit. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 986725. Frederick Struss, Petitioner v. Wayne L. Strack, Superintendent, Fishkill Correctional Facility. Petition for writ of cer- tiorari to the United States Court of Appeals for the Second Circuit denied. No. 986726. Jason David Carson, Petitioner v. Kip Kautzky, Direc- tor, Iowa Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 986727. Anton Williams, aka Anthony Williams, Petitioner v. Patrick McLaughlin, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 986729. Freddy L. Wambach, Petitioner v. Michael F. Easley, Attorney General of North Carolina, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Fourth Circuit denied. No. 986733. Louie D. Villalba, Petitioner v. Ernest C. Roe, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 986735. Carol Ann Alvarado, et vir, Petitioners v. Minnesota. Petition for writ of certiorari to the Court of Appeals of Minnesota denied.

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MONDAY, JANUARY 11, 1999 413 No. 986736. Richard M. Cross, Petitioner v. Dale A. Drozd, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986737. Richard M. Cross, Petitioner v. Pelican Bay State Prison. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986738. Billy James Sims, Petitioner v. Marvin Brown. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986740. Milton Lee Sellers, 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. 986741. Victor Palomino, Petitioner v. Arizona. Petition for writ of certiorari to the Supreme Court of Arizona denied. No. 986742. Andrew John Walker, Petitioner v. George W. Sumner, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 986743. April Williams, Petitioner v. County of Stanislaus Plan- ning Department, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986744. 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. 986745. Oliver Pierce, Jr., Petitioner v. Local 863, International Brotherhood of Teamsters, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 986746. Marcus Taylor, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 986747. Shawn D. Younger, Petitioner v. James L. Saffle, Direc- tor, Oklahoma Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 986752. Thomas P. Kee, Petitioner v. Provident Life and Acci- dent Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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414 MONDAY, JANUARY 11, 1999 No. 986754. Matthew Joseph Sikora, Jr., Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 986755. Julian E. Rochester, Petitioner v. South Carolina De- partment of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986757. Alvaro C., Petitioner v. Superior Court of California, County of Los Angeles. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 986760. Ernest A. Martin, Petitioner v. James Keeling, Assist- ant Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986767. Donald O. Evans, et ux., Petitioners v. Wilbur H. Flip- pin, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 986768. R. A. D., Petitioner v. Illinois. Petition for writ of cer- tiorari to the Appellate Court of Illinois, Fifth District, denied. No. 986769. Russell Wade Eason, 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. 986771. Tyrone G. Duff, Petitioner v. Richard W. Lewis. Peti- tion for writ of certiorari to the Supreme Court of Nevada denied. No. 986773. Elbert Evans, Petitioner v. James Hofbauer, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 986775. Chris G. Dillon, Petitioner v. Harry K. Russell, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 986778. Martin Michael Bernys, Petitioner v. New York, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 986779. Gordon Stanley Morrison, 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. 986783. Victor Wigfall, Petitioner v. Robert E. Kimmerly. Peti- tion for writ of certiorari to the Court of Appeals of Michigan denied.

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MONDAY, JANUARY 11, 1999 415 No. 986784. Michael Bruce Trigler, Petitioner v. Dick Bradley, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986785. Luis Yordan, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Fifth District, denied. No. 986788. George L. Wilson and Colin L. Hudson, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 986792. Shawn Garrett Bautista, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, Sixth Appellate District, denied. No. 986794. Robert David Biles, Petitioner v. Thomas Corcoran, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986808. Randall Williams, Petitioner v. U-Haul Company of Colorado. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 986809. James T. Wood, 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. 986813. Elbert W. Williamson, Petitioner v. Christine O. Grego- ire, Attorney General of Washington. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986822. Robert Miguel Schaired, 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. 986837. Gloria Steele, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 986838. Chester Ray Hall, Petitioner v. David G. Mills, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 986842. Edgar W. Howard, Petitioner v. Robert Sanders, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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416 MONDAY, JANUARY 11, 1999 No. 986847. Mario Gonzalez-Alvira, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 986848. Philip Hamilton Sharman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986850. Willie Lee Sutton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986852. Gladys Gonzalez, Petitioner v. Consolidated Real Es- tate Investments, etc. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 986854. Wayne Richard Gunwall, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 986856. Russell E. Bucklew, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. No. 986858. Osbaldo A. Torres, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. No. 986859. Abra James Thomas, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986866. Eric D. Saunders, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 986868. Kevin L. Wyrick, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 986869. Beverly Whethers, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 986873. Jack West, 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. 986874. Darrin Crossley, 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, JANUARY 11, 1999 417 No. 986875. Charles Nathaniel Thomas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986876. Michael J. Canino, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 986877. Ronald Lander, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986878. Mary Rose Lockett, Petitioner v. Louis Caldera, Secre- tary of the Army. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986880. 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. 986881. Luis Cortez-Luna, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986882. Ernesto Meraz-Sandoval, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986883. Anan Labib Liddawi, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986885. Henry Ozuru, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 986887. Robert M. Stewart, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 986889. Walter Scot Boigegrain, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 986892. Vahram Shakarian, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986895. Larry Gene Marshall, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division.

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418 MONDAY, JANUARY 11, 1999 Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986897. Georgiana Desouza, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986901. Hector B. Germosen, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 986902. George Eldridge, aka George P. Ison, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986904. Anthony Guidry, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986905. Jose Angel Hermosillo-Rodriguez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986906. Michael R. Ratliff, Petitioner v. Office of Personnel Management. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 986907. Hortencia Rodriguez, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986910. Raymon I. Dobbins, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 986911. Romaine Dukes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 986912. Charles Jones, Petitioner v. Thomas R. Corcoran, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986915. Billy Miller, 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. 986916. Steven Lank, 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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MONDAY, JANUARY 11, 1999 419 No. 986917. Lewis Miles, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 986918. Sherry Vance, Steve Allen Lester, Carlie Slone, Arnold Lester, and Randy Ray McCoy, Petitioners v. United States; and No. 986921. Daniel Thomas McCoy, Harold McCoy, Wilbert McCoy, Leander Slone, and J. B. Slone, Petitioners v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986922. Daniel James Herlihy, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986924. Erland Arvesta Brown, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 986925. Peter Dudley Albertsen, II, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986926. Bentley Washington Westcott, aka Barrington Glen Morrison, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 986928. Elijah Porter, Jr., Petitioner v. William J. Henderson, Postmaster General. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986929. Jeffrey A. Rosenberg, Petitioner v. Federal Protection Service. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 986930. Charles Wayne Smith, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986931. Eugene Reeves, Petitioner v. Arnett M. Flowers. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986935. Kenneth Bevley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986937. Richard T. Jaramillo, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

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420 MONDAY, JANUARY 11, 1999 No. 986938. Trevon Mustin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986940. Scott Mattingly, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986942. Efren Gonzalez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986943. Michael Dent, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 986946. Timothy Medley, 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. 986947. Christopher Martinez, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986949. David Luna, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986951. Hernan Enrique Burgos, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986953. Richard Clay, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. No. 986954. James Broomfield, Petitioner v. United States; and No. 986990. Howard Broomfield, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986958. Wille'am Crawsforb' Bennett, aka Willie Crawford Be- nnett, Petitioner v. Texas. Petition for writ of certiorari to the Supreme Court of Texas denied. No. 986960. Harry Alvin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 986961. Ezequiel Martinez Sandoval, 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 11, 1999 421 No. 986962. Brandon Gregg Oberlin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986963. Courtney Samuels, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 986964. Pablo Pereyra, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 986965. Brian Pantin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 986967. Michael Craig Patterson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986968. Alan Wayne Potter, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986969. Robert Bradley Pastor, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986971. Fletcher Edward Banks, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986974. James H. Spikes, Petitioner v. United States; and No. 987170. Marilyn Smith, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 986977. Alberto Cespedes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986981. Thomas Mennella, Petitioner v. Office of Court Admin- istration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 986982. Stephen Michael Landry, 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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422 MONDAY, JANUARY 11, 1999 No. 986983. Harold Frederick Krueger, Petitioner v. Tiffany Doe, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied. No. 986984. Dennis Lovelace, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 986985. William Richman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 986986. James Courtney, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 986987. Raymon Ortega, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 986988. Donald J. Strable, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 986989. Anthony Pesek, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 986991. George Salemo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 986992. Darry Jackson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 986993. Jon D. Stauffer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986994. Bruce D. Pierce, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 986995. Felix Riggio, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986998. James Walton, 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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MONDAY, JANUARY 11, 1999 423 No. 986999. Bobby Lee Sehorn, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987002. Larry Leonard Thompson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 987003. Alexis Telesford, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 987004. George Washington, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 987005. Robert D. Vaughn, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 987012. Jesus Olivares, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987014. Robert Johnston, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 987017. Hilton Lake, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 987019. Mujahid Nasiruddin, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987020. Derek Yancey, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987021. Sharon Louise Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 987023. Darryl Jones, aka Tall Dude, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987026. Christopher Odell Tate, 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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424 MONDAY, JANUARY 11, 1999 No. 987028. James Arthur Grimes, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 987029. Emerson O. Davis, aka Mercy, Petitioner v. United States; and No. 987194. Marlin Davis, aka Marlin Oliver, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 987032. Jack L. Davis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 987034. Johnathan Luther Hill, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987036. Joachim Felgentraeger, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987037. James M. DeBardeleben, Petitioner v. United States District Court for the District of Maryland. Petition for writ of certio- rari to the United States Court of Appeals for the Fourth Circuit denied. No. 987038. Eugene H. Mathison, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 987041. Dennis Mimms, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987043. Henry Clifford Byrd, Sr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987047. Lorenzo Petty, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 987051. Timothy Olando Holland, 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, JANUARY 11, 1999 425 No. 987055. Norman Garrett, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 987059. 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. 987060. Okechukwu Paul Ndibe, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987062. Alvin Ralph Mound, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 987063. Andrea Renee Myers, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987067. Greg Morris, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987071. Lloyd Leroy Loucks, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987073. Wayne B. Mitchell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 987074. Kenneth D. Moberly, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 987082. Jonathan Marshall, Sr., Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987084. Charles Michael Kissick, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 987085. Heriberto Mahique, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 987086. Charles R. Eickleberry, 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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426 MONDAY, JANUARY 11, 1999 No. 987089. Samuel David Gullion, Petitioner v. Edward Wright, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987091. Ricky Darden, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987093. Anthony Lynn Hester, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987096. Harvey Lee Green, Jr., Petitioner v. James B. French, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987097. David S. Dahler, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 987098. Curtis Lee Styles, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987100. Christopher 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. 987102. Kenneth Blankenship, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 987110. Kevin Patrick Gildea, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 987112. Evaristo Hinojosa, Sr., Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987113. Baron Anthony Ewing, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 987114. Ivan Lowell Deckard, aka Joseph Francis Vale, Peti- tioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987117. Rigoberto Altamirano-Lopez, aka Ernesto Ochoa- Lopez, 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, JANUARY 11, 1999 427 No. 987121. Larry Dean Dutton, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987122. Winston Woodrow French, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987123. Romeo Trinidad Flores, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987127. Russel Lee Singletary, Petitioner v. Vern Lukehart, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 987128. Edward E. Allen, Petitioner v. Joseph Crabtree, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 987129. Michael Clay, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987130. Rafael A. Martinez, aka Victor Martinez, Petitioner v. United States; No. 987134. Jose Tineo, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Sev- enth Circuit denied. No. 987135. Eric Wheeler and Cedric Huskey, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987136. Eric Arthur Walton, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987139. Allen Wayne Crawford, Petitioner v. Betty J. Mitchell, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987140. Andrew Flores Cantu-tzin, 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. 987141. Tracey Fitzgerald, 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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428 MONDAY, JANUARY 11, 1999 No. 987147. Charles Bowman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 987149. Michile Anthony Blount, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987150. Jay Van Jackson, III, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 987152. Kenneth Lumpkin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987155. Luis Martinez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 987158. Donald 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. 987160. Paul Mayweathers, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987162. Gregory Allen Milton, aka G, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987163. Kimberly Diane Jarvis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 987175. James W. Peyton and Louis E. Peyton, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987181. Gabriel Briseno-Manzo, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987185. Wade Mitchell Truett, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 987186. Eddie Lee Williams, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

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MONDAY, JANUARY 11, 1999 429 No. 987192. Danny Flores, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 987193. Phillip W. Hammons, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 987195. Anthony J. Gray-Bey, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 987196. Kevin W. Flythe, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 987197. Deandre Ubecka Freeman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987207. James Youboty, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 987219. Fernando Bartolotta, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 98167. Arizonans for Official English and Robert D. Park, Peti- tioners v. Arizona, et al. Motion of Arizona Legislators for leave to file a brief as amicus curiae granted. Petition for writ of certiorari to the Supreme Court of Arizona denied. No. 98433. W. A. Merkle, Warden, Petitioner v. Clyde Edwin Seidel. 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. 98529. Colleen V. Ford, Petitioner v. Schering-Plough Corpora- tion, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Breyer took no part in the consideration or decision of this petition. No. 98657. State Street Bank and Trust Company, Petitioner v. Signature Financial Group, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. Justice Breyer took no part in the consideration or decision of this petition. No. 98736. Irmgard Lipcon, Mitchell Lipcon, Charles R. Lipcon, and Barbara Lipcon, Petitioners v. Underwriters at Lloyd's London, etc.,

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430 MONDAY, JANUARY 11, 1999 et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. Justice Breyer took no part in the consideration or decision of this petition. No. 986571. Lorraine D. Henry, aka Lorraine Davis Henry, Peti- tioner v. John K. Williamson, 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. 98534. Patrick Brady and Shawn Murphy, Petitioners v. Stever- son Davis. Motion of Michigan Municipal Risk Management Authority for leave to file a brief as amicus curiae granted. Motion of Michigan Municipal League for leave to file a brief as amicus curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 98600. AT&T Corp., Petitioner v. Roberta E. Anderson, 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 con- sideration or decision of this petition. No. 98718. Roger Lee Heath, Petitioner v. Baxter International, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Justice O'Connor took no part in the consideration or decision of this petition. No. 98659. Emma Lee Paul, Petitioner v. William Morrow and Company, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. The Chief Justice took no part in the consideration or decision of this petition. No. 98674. Michael Bowersox, Superintendent, Potosi Correctional Center, Petitioner v. Heath Allen Wilkins. 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. 98707. Central of Georgia Railroad Company, Petitioner v. Ron- ald Mock. Motion of Association of American Railroads for leave to file a brief as amicus curiae granted. Petition for writ of certiorari to the Court of Appeals of Georgia denied. No. 98721. United States, Petitioner v. Players International, Inc., et al. Motion of Valley Broadcasting Company, et al., for leave to file a brief as amici curiae granted. Petition for writ of certiorari before judgment to the United States Court of Appeals for the Third Circuit denied.

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MONDAY, JANUARY 11, 1999 431 No. 98864. Estock Corporation, N. V. and Louis A. Movitz, Trustee, Petitioners v. First National Bank of Chicago. Motion of Illinois Trial Lawyers Association for leave to file a brief as amicus curiae granted. Motion of Association of Trial Lawyers 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 denied.

Habeas Corpus Denied No. 987088. In Re Cordell Day, Petitioner; No. 987105. In Re Ronald Seavoy, Petitioner; No. 987143. In Re David L. Carter, Petitioner; and No. 987227. In Re Herminio Rodriguez-Velazquez, Petitioner. Peti- tions for writs of habeas corpus denied.

Mandamus Denied No. 986474. In Re Rodney Bernard Bibbs, Petitioner; No. 986619. In Re Jose M. Saldana, Petitioner; No. 986670. In Re Pierre Clifton Marshall, Petitioner; No. 986919. In Re Douglas Gene Mayberry, Petitioner; and No. 987022. In Re Carl Robert Christy, Petitioner. Petitions for writs of mandamus denied. No. 986651. In Re Leo Terminello, Petitioner. Petition for writ of mandamus and/or prohibition denied.

Rehearings Denied No. 971130. Wayne K. Pfaff, Petitioner v. Wells Electronics, Inc.; No. 971975. Gary Monte Spring, Petitioner v. Washington; No. 978620. Jesus Jose Escobar, Petitioner v. United States; No. 978960. Ronald Dean Lowe, Petitioner v. Oklahoma; No. 978984. Tony Alonzo Bradford, Petitioner v. David Thompson, Warden; No. 979352. In Re Ronald Dean Lowe, Petitioner; No. 979429. In Re Ronald Dean Lowe, Petitioner; No. 979503. Jonathan E. Mathis, Petitioner v. John R. Oden, et al.; No. 979529. Cletus O. Ashiegbu, Petitioner v. Jay Kim, et al.; No. 979552. Cletus O. Ashiegbu, Petitioner v. James E. Herron, Ohio Bureau of Employment Services, et al.; No. 979626. Guy Tobias LeGrande, Petitioner v. Michael F. Easley, Attorney General of North Carolina; No. 979633. Charles Eugene Epley, Petitioner v. Texas;

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432 MONDAY, JANUARY 11, 1999 No. 979661. In Re Ronald Dean Lowe, Petitioner; No. 979667. David Dean Anderson, Petitioner v. Jack M. Garner, Warden; No. 979693. Darryl Jerome Brown, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division; No. 989. Stanley Emanuel and Peter Emanuel, dba Salvation Dis- posal & Construction Co., Petitioners v. J. M. Container Corp.; No. 98277. Arthur O. Armstrong, Petitioner v. School District of Philadelphia, et al.; No. 98386. Roman Perales, Petitioner v. Supreme Court of Texas, et al.; No. 98478. Miriam Donner, Petitioner v. Charles Donner, Deceased; No. 98497. Lawrence B. Hanlon, Petitioner v. James A. Dunbar; No. 98503. Gany Mike Bello, dba Nucleus Oil Company, Petitioner v. Citizens National Bank, et al.; No. 98573. William H. Brandt, Petitioner v. Orthopedics Consult- ants of Washington, et al.; No. 98602. Vivian C. Smith-Gregg, Petitioner v. Department of Interior; No. 985006. Gilbert A. Rojas, Jr., Petitioner v. United States Postal Service; No. 985077. Ronald Dean Lowe, Petitioner v. Larry R. Monard; No. 985105. In Re Ronald Dean Lowe, Petitioner; No. 985197. In Re Ronald Dean Lowe, Petitioner; No. 985242. Kathryn Hensler, Petitioner v. United States District Court for the Western District of Texas; No. 985246. Robert L. Butler, Petitioner v. Richard A. Gammick, District Attorney, Washoe County, Nevada; No. 985256. Marty Wayne Rothel, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division; No. 985282. In Re Ronald Dean Lowe, Petitioner; No. 985343. Cletus O. Ashiegbu, Petitioner v. Marti Damschroder; No. 985344. Michael Barbour, Petitioner v. Michigan Department of Social Services; No. 985399. Mark Scott Daniels, Petitioner v. Workers' Compensa- tion Appeals Board, et al.; No. 985416. William Lee Brown, Petitioner v. United States; No. 985435. Samuel E. Slagel, Petitioner v. Shell Oil Company, et al.;No. 985463. Leslie Dawn Clark, Petitioner v. United States; No. 985514. Ronald Dean Lowe, Petitioner v. Oklahoma;

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MONDAY, JANUARY 11, 1999 433 No. 985568. Raymond Singleton, Petitioner v. Brenda Lewis, et al.; No. 985635. Evangelio Diaz, Petitioner v. United States; No. 985659. Arzella A. Cordle, Petitioner v. Square D Company, et al.; No. 985769. Larry L. Jenkins, Jr., Petitioner v. Georgia; No. 985787. Vincent Faustino Rivera, Petitioner v. Florida; No. 985788. Johnny M. Patterson, Petitioner v. South Carolina; No. 985789. In Re Linzy Earl Lincoln, Petitioner; No. 985809. Warren Hill, Petitioner v. Tony Turpin, Warden; No. 985833. Joseph Martin Barnes, Petitioner v. Georgia; No. 985850. Daniel Patrick Rawlins, Petitioner v. Arizona Depart- ment of Corrections, et al.; No. 985899. Toufic Badih Naddi, Petitioner v. D. R. Hill, Warden, et al.; No. 985968. Bernard Ray Richardson, Petitioner v. Larry W. Huffman; No. 986008. Johnnie Jones and Harvella Jones, Petitioners v. Texas; No. 986031. Hy Thi Nguyen, Petitioner v. John Dalton, Secretary of the Navy; No. 986124. Nelson L. Moody, Sr., Petitioner v. Margerite S. Moody; No. 986158. Mertylin Carroll, Petitioner v. Local 144 Pension Fund, et al.; No. 986194. Alland L. Hagans, Petitioner v. William J. Clinton, President of the United States; No. 986230. In Re Richard Seddens, Petitioner; No. 986245. Michael E. Harris, Petitioner v. Prince George's County Public Schools; No. 986274. Matthew Sikora, Petitioner v. Susan Bohn; No. 986278. Brad H. Sidles, Petitioner v. Terry L. Stewart, Direc- tor, Arizona Department of Corrections, et al.; No. 986316. Barbara Schwarz, Petitioner v. Department of State; No. 986317. Barbara Schwarz, Petitioner v. Federal Bureau of Pris- ons, et al.; No. 986318. Barbara Schwarz, Petitioner v. Executive Office of the President; No. 986373. Angel Lerma, Petitioner v. United States; No. 986480. Michael Lancellotti, Petitioner v. United States; No. 986561. In Re Richard F. Everhart, Petitioner; and No. 986623. Barbara Schwarz, Petitioner v. Internal Revenue Serv- ice. Petitions for writs of certiorari denied.

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434 MONDAY, JANUARY 11, 1999 No. 921449. Robert Roosevelt Parker, Jr., Petitioner v. Oregon State Board of Bar Examiners. Motion of petitioner for leave to pro- ceed further herein in forma pauperis granted. Motion for leave to file a petition for rehearing denied. No. 985279. Stephen Klaimon, Petitioner v. Cigna Companies, et al. Motion for leave to file a petition for rehearing denied.

Admissions to the Bar on Written Motions Applicant City and State Movant N. Terry Adams, Jr. Houston, TX Denice Smith Robert D. Adams Houston, TX David Adler Sufi Yousef Ahmad Houston, TX Lee Landa Kaplan Stacy Louise Anderson Jefferson City, MO John M. Morris, III James F. Archibald, III Birmingham, AL Hobart A. McWhorter, Jr. Samuel William Asbury Gresham, OR Roland Fitzgerald Banks, Jr. William J. Baer Bethesda, MD Robert Pitofsky Keith Origene Barrows Williamsport, PA Lester L. Greevy, Jr. Michael John Baxter Baltimore, MD Andrew Jay Graham Joseph Francis Bennett Colorado Springs, Craig Morrison CO Cornish John A. Beranbaum New York, NY David H. Ben-Asher Eric Hamilton Berger Morristown, NJ Douglas E. Edlin Steven Carl Berman Portland, OR Sarah J. Ryan William J. Birney Massapequa, NY Ronald Jay Rosenberg Gena A. Blount Austin, TX William Charles Zapalac Robert Herbert Bohn, Jr. San Jose, CA David J. Bennion Emily Sides Bonds Birmingham, AL Michael Clay Quillen Robert McLaurin Boote Philadelphia, PA Steven A. Arbittier Gordon Joseph Bosa Alamosa, CO Daniel Paul Powell Mark S. Bostick Oakland, CA Tracy Green

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Applicant City and State Movant John J. Brennan Herkimer, NY Joseph F. Somelofske Laurene Blanche Bresnick San Francisco, CA Ellis Ross Anderson Mary Barrett Brewer Nashville, TN George Edward Barrett Jeffrey J. Brookner Houston, TX Michael S. Wilk L. Michael Brooks, Jr. Denver, CO Suanne Marie Dell Laura Eardley Calhoun Dallas, TX John Edward Wall, Jr. Rachel Danish Campbell Washington, DC Charles Michael Tobin Hamilton Candee San Francisco, CA Ralph Carroll Cavanagh Richard A. Capshaw Dallas, TX Werner A. Powers Gary George Carpenter Clearwater, FL Gregory P. Holder Stephen Edward Austin Coral Gables, FL Charles C. Kline Carr Vance W. Cheek, Jr. Johnson City, TN Stephen Matson Darden Lisa Grace Cohen New York, NY Donald N. Cohen Brian J. Collins Allentown, PA Kathleen M. Collins Julie Meredith Conrad Indianapolis, IN Wayne O. Adams, III Janet M. Cook-Love Longwood, FL Joseph Alonzo Lopes Michael D. Cooper Oakland, CA Tracy Green John H. Cotton Las Vegas, NV Martin Jay Kravitz Keith Francis Cross Colorado Springs, Craig Morrison CO Cornish Rolande Cutner New York, NY Jonathan Cory Scott Jerry S. D'Aniello Somerville, NJ John J. Trombadore Anabela Dacruz-Melo Elizabeth, NJ Richard Obuch Alexandra Livingston Boulder, CO Wendy C. Weiss Davis

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436 MONDAY, JANUARY 11, 1999

Applicant City and State Movant Carmen Rita De Jesus Carolina, PR Zygmunt Gregory Slominski James L. DeAno Chicago, IL Roger Kevin O'Reilly Vincent M. DeBella Utica, NY George Lawrence Dillon Ermence Debose-Parent New Orleans, LA Ronald Lawrence Wilson Cassandra Kaye Dolgin Jefferson City, MO Stephen D. Hawke James B. Dougherty, Jr. Shamong, NJ Dennis Del Karpf Beverly Patricia Downing Atlanta, GA Carol Atha Cosgrove Elizabeth Berke Dreyfuss Oakland, CA Tracy Green John Robert Dunphy Tallahassee, FL Robert G. Dunphy Jennifer Lynn Duvall Columbus, OH Patricia Ann Jamison Frazor Edmondson Dallas, TX Edward D. Vickery Joseph R. Enslen Grand Rapids, MI John C. Stuive Thomas Charles Evans Seattle, WA Bradley H. Bagshaw Allan S. Falk Okemos, MI Clifford Woodworth Taylor Michael Farjami Los Angeles, CA Rex Julian Beaber David Fielding Fort Worth, TX E. Allen Taylor, Jr. Daniel E. Fisher Washington, DC Pamela I. Banner Edward Boardman Foley Hilliard, OH Jeffrey Stuart Sutton Mark W. Ford Indianapolis, IN Wayne O. Adams, III John E. Franke Kansas City, MO Jonathan R. Haden Michael Evans Gabor Algona, IA Jerrold Lee Handsaker Richard Lance Gabriel Denver, CO Boyd Nagel Boland Ronald Otto Gaiser, Jr. Birmingham, AL J. L. Chestnut, Jr. LaBrenda Garrett-Nelson Washington, DC Gary John Gasper

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MONDAY, JANUARY 11, 1999 437

Applicant City and State Movant Beth Anne Gasiorowski Baltimore, MD Thomas John Michels Paul M. Gaudet Las Vegas, NV Frank J. Cremen Margaret M. Geary Leominster, MA Lee Carl Bromberg Julie Joan Gibson Kansas City, MO G. Steven Ruprecht Paula Durst Gillis Charleston, WV Charles L. Woody Carrie Elizabeth Glaeden Columbus, OH George V. Voinovich Robert Goldberg Saipan, MP Elliott Arthur Sattler Michael Andrew Goldman Durango, CO G. Keith Newbold Jeffrey David Goltz Olympia, WA Leland T. Johnson Linda S. Good Huntsville, TX Brenda Gale Willett Eugene P. Gordon San Diego, CA James M. Chapin William Wesley Graham Des Moines, IA Thomas D. Hanson Bruce K. Gray Atlanta, GA Edward G. Sheppard, Jr. Stephen John Greene, Jr. Sacramento, CA Robert Joseph Gaglione Adam Paul Hall Cincinnati, OH James Ralph Adams Mark Drake Hallenbeck Atlanta, GA Henk J. Brands Catherine Clendenin Oklahoma City, Carolyn L. Merritt Hammarsten OK Cheryl D. Harris New York, NY Karen Patricia Swiger Maria Barous Hartofilis Astoria, NY Spirus A. Tsimbinos Ronald E. Hermanson Los Angeles, CA Mark Paul Geffon Jane Ann Himsel Indianapolis, IN David J. Carr Howard Greeley Hopkirk Harrisburg, PA Calvin Royer Koons David C. Horn Cincinnati, OH James Ralph Adams David W. Hutton, Jr. San Antonio, TX Joseph Franklin Fowlkes, Jr.

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438 MONDAY, JANUARY 11, 1999

Applicant City and State Movant Jon J. Indall Santa Fe, NM Michael Raymond Comeau Brendon Ishikawa Davis, CA John Bilyeu Oakley Kenneth Tremayne Israel Marietta, GA Robert Barie Laux Michael L. Jackson Birmingham, AL Kimberly R. West Anthony Jannotta Fairfield, CT Richard Blumenthal Eric David Jones Norwich, VT Geoffrey Judd Vitt Gerson M. Joseph Miami, FL Gilbert Lee Sandler Steven R. Kaufman New Rochelle, NY Paul D. Warring Todd J. Keller The Woodlands, John Scott Fischer TX Jane Kelly Cedar Rapids, IA Paul Papak James P. Kelly Atlanta, GA Timothy William Johnson Randall L. Kennedy Washington, DC Charles Fried Richard M. Klein Cleveland, OH Christopher B. Fagan Suzanna Kostovski Detroit, MI S. Allen Early, III Kathryn E. Kovacs Baltimore, MD Karin Kunstler Goldman Bennett David Krasner Atlantic Beach, Paul Creditor NY Stuart M. Kuritsky West Orange, NJ Alan Lee Zegas Marian Elizabeth Ladner Boca Raton, FL Alice Rabinowitz Best Mary Viviano Laitos Denver, CO Robert F. Welborn James Downey Lamp Huntington, WV Charles Frank Bagley, III Michael F. Lauderdale Oklahoma City, Nathan L. OK Whatley Eric Kroto Laumann Chicago, IL Timothy Wilson Burns David A. Lawrence Northville, MI Russ Edward Boltz Sarah Lenz Lock Washington, DC Bruce Vignery

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MONDAY, JANUARY 11, 1999 439

Applicant City and State Movant Miles E. Locker San Francisco, CA H. Thomas Cadell, Jr. James H. Locklin Los Angeles, CA Melissa N. Widdifield Maureen H. Loftis Orinda, CA John Michael DeJong Vrieze Jeffrey Scott Lubbers Takoma Park, MD Thomas Oliver Sargentich Steven Ray Ludwig Washington, DC Edward J. Kessler Anthony Lynch Marion, NC Claude Franklin Goldsmith, Jr. John M. MacDaniel Miami, FL Edward Robert Blumberg Mary Renee Obst Sewell, NJ Julie Ann Marzano Machulsky Victor B. Maddox Louisville, KY A. Mitchell McConnell, Jr. Steven Gerald Mahon St. Paul, MN James R. Crassweller Joseph Edward Manges Santa Fe, NM Larry D. Maldegen Todd Carleton McCann Salem, OR David William Hittle Laurie A. McCann Washington, DC Cathy Ventrell-Monsees Elizabeth L. Seattle, WA Karen M. McDougall-Tural McGaffey John J. McGowan, Jr. Cleveland, OH Charles E. Jarrett Paul A. McKenna Coconut Grove, Curt Obront FL Michael Edward McLachlan Durango, CO G. Keith Newbold Kevin McNulty Newark, NJ John J. Gibbons Rodric Bruce Medley Arlington, TX Cecil David Fielder Mark S. Mester Chicago, IL John P. Lynch Thomas Matthew Michel Fort Worth, TX David L. Evans Nygina T. Mills Boston, MA John D. Hughes John W. Monroe Cleveland, OH William T. Monroe Albert G. Moore, Jr. Atlanta, GA Mark Lewis Evans

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440 MONDAY, JANUARY 11, 1999

Applicant City and State Movant Michael Symington Morgan New York, NY Marc Frazier Scholl David B. Mote Springfield, IL Richard H. Parsons Jared Sullivan Newman Beaufort, SC E. John Daugs William A. Nicolozakes Cambridge, OH William J. Brown Nanci Eiko Nishimura Los Angeles, CA Henry Huntington Rossbacher Ronald Shig Okada Cleveland, OH William W. Falsgraf Joel S. Ostrow Chicago, IL Jeffrey Edward Kehl Peter P. Paravati, Jr. Utica, NY George Lawrence Dillon Stacy R. Parks Clearfield, PA F. Cortez Bell, III Paul Kasimir Pernerewski, Waterbury, CT Richard Jr. Blumenthal Russell G. Petti Los Angeles, CA David Lee Bacon P. L. Pat Phelps Durant, OK Bob Rabon Steven Frederick Pockrass Indianapolis, IN Wayne O. Adams, III B. Gregg Price Sulphur Springs, Coy Johnson TX James K. Purdy Tampa, FL Norine P. Fitzsimmons Robert Aron Raich Oakland, CA Alfans G. Wagner Thomas Rapp Philadelphia, PA Alan B. Epstein Richard D. Raskin Chicago, IL Thomas Harvey Morsch Tamarra Terese Rennick Toulon, IL David Lee Bacon Celeste Marie Rice Jacksonville, FL C. Daniel Rice Jeffrey Philip Robbins Durango, CO G. Keith Newbold Andrew G. Robertson, III Detroit, MI Clarence Benson Tucker, Sr. David Dawson Robinson Indianapolis, IN David J. Carr Sheryl Rogers Durango, CO G. Keith Newbold Patrick Levine Rose Lansing, MI Frank D. McAlpine Alan Curtis Rossman Cleveland, OH Svetlana J. Schreiber

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Applicant City and State Movant Joshua Sacks Atlanta, GA Albert M. Pearson, III Mark D. Sassak West Bloomfield, Carl F. Schier MI Paul J. Sax San Francisco, CA William Lavington Riley Clifford Jay Scharman Washington, DC Michael J. Connolly Margo Schlanger Chappaqua, NY Honorable Ruth B. Ginsburg, Associate Justice of the Supreme Court Clifford H. Schoenberg New York, NY Andrew J. Harakas Jeffrey Roy Scholnick Baltimore, MD Thomas Scott Hood Mark Isaac Schreck New York, NY Kenneth Jay Glassman Cheryl Himmel Schreck New York, NY Kenneth Jay Glassman Joseph Allen Schreiber Birmingham, AL Julian Mason Davis, Jr. Edwin Allen Dawes Harrisburg, PA Herbert T. Schwartz Schwartz Lenard Elliot Schwartzer Las Vegas, NV Norman Patrick Flanagan, III Christopher Bryan Scott Carrollton, GA Kenneth A. Smith Harold Frend See, Jr. Northport, AL Merton Roland Nachman, Jr. Andrew Kenneth Shaffer Sunnyvale, CA Meyer Scher Creighton C. Skau Reno, NV Harold A. Swafford Stephen King Smith Hampton, VA James Vance Stallings W. Gregory Smith Birmingham, AL Charles D. Stewart Clifton Boyle Sobel, Jr. Nashville, TN James Cummings McBroom

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442 MONDAY, JANUARY 11, 1999

Applicant City and State Movant Valerie Jean Sprenkle Erie, PA Gregory Alan Karle Paul Richard Spyhalski Austin, MN Brent Wm. Primus Leonard R. Stein San Francisco, CA Lenard Garsen Weiss Juli Stensland St. Paul, MN Stephen Charles Kelly Richard James Stevens Chicago, IL Roland Karl Filippi David W. Stewart Gulfport, MS George F. Bloss Susan Zlomke Stockburger Montgomery, NY Richard Britt Golden Gerald Alan Templeton Birmingham, AL Julian Mason Davis, Jr. Lisa Carol Thompson Tucson, AZ D. Dale Haralson S. Thomas Throne Sheridan, WY John M. Daly Cynthia Keely Timms Dallas, TX Morris Harrell Stacie Eileen Tobin Baltimore, MD Charles Michael Tobin Glen J. Torcivia West Palm Beach, Andrew FL DeGraffenreidt, III Daniel Murray Traylor Little Rock, AR Walter Craig Lambert Robert Joseph Trimble Orlando, FL Grady Gaston Ayers Michael J. Tuteur Boston, MA Barry Allen Guryan Susan K. Ullman Madison, WI James E. Doyle Patrick G. Vastano Los Angeles, CA Curtiss L. Isler Brian Christopher Vertz Pittsburgh, PA Walter Thomas McGough, Jr. Thomas C. Wagner Cleveland, OH Roger W. Van Deusen Ed Walton Dallas, TX Manuel Harry Newburger Angela Kennell Washington Dallas, TX Janice Smith Moss

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MONDAY, JANUARY 11, 1999 443

Applicant City and State Movant James R. Webb Oklahoma City, Nathan Lee OK Whatley Mort G. Welch Oklahoma City, A. T. Elder, Jr. OK Vernon L. Wells, II Birmingham, AL Michael Clay Quillen Mark Doss Wesbrooks Wichita Falls, TX Perry Wesbrooks Marianne Wesson Boulder, CO David Charles Mastbaum John Alexander Willis Boca Raton, FL David E. French Douglas Lee Wilson Los Angeles, CA Edward T. Fogel, Jr. Scott Patrick Wood Lancaster, OH Norman John Ogilvie, Jr. Benjamin David Wood Washington, DC Peter B. Hutt, II Jeffrey Cliff Wurms Oakland, CA Tracy Green Christopher Robert Yates Columbus, OH Glenn Brooks Redick Mary Isabel Yu Seattle, WA Ann Schindler John Socratis Zavitsanos Houston, TX George William Vie, III Order

IT IS ORDERED that the revised Rules of this Court, today ap- proved by the Court and lodged with the Clerk, shall be effective May 3, 1999, and be printed as an appendix to the United States Reports. IT IS FURTHER ORDERED, that the Rules promulgated January 16, 1997, see 519 U. S. 1159, shall be rescinded as of May 2, 1999, and that the revised Rules shall govern all proceedings in cases commenced after that date and, to the extent feasible and just, cases then pending.

Admissions to the Bar on Oral Motions Applicant City and State Movant Maryanne Reynolds Martin Harrisburg, PA Judge Edward J. Reynolds Kathleen Reynolds Fitchburg, MA Judge Edward J. Daigneault Reynolds Christie Skeels Warren Sacramento, CA James C. Duff Roger K. Warren Williamsburg, VA James C. Duff

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444 MONDAY, JANUARY 11, 1999

Applicant City and State Movant Stacie L. Brown Las Vegas, NV Cynthia June Rapp Thomas Patrick O'Brien, Jr. Cincinnati, OH Cynthia June Rapp Thomas Patrick O'Brien, Louisville, KY Cynthia June III Rapp Timothy Edward Miller Columbus, OH Cynthia June Rapp Paul A. MacKenzie Columbus, OH Cynthia June Rapp Priscilla Jane Fossum Indianapolis, IN Dan Schweitzer Kimberley Carla Johanna Calabasas, CA John Gordon Kester Kester Charles Forrest Kester Calabasas, CA John Gordon Kester Susan G. Kaufman New York, NY Peter Douglas Fischbein

Oral Arguments No. 972044. United States, Petitioner v. Haggar Apparel Company. Argued by Mr. Kent L. Jones for the petitioner and by Mr. Carter G. Phillips for the respondent. No. 979217. Manuel DeJesus Peguero, Petitioner v. United States. Argued by Mr. Daniel L. Siegel for the petitioner and by Mr. Roy W. McLeese, III, for the respondent. No. 971732. California Public Employees' Retirement System, et al., Petitioners v. Paul Felzen, et al. Argued by Mr. Michael Kellogg for the petitioners, by Mr. David C. Frederick for the United States as amicus curiae, by special leave of the Court, and by Mr. John G. Kester for the respondents.

Adjourned until Tuesday, January 12, 1999, at 10 o'clock.

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(JOURNAL) TUESDAY, JANUARY 12, 1999 445 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. 97930. Victoria Buckley, Secretary of State of Colorado, Peti- tioner v. American Constitutional Law Foundation, Inc., et al. On writ of certiorari to the United States Court of Appeals for the Tenth Cir- cuit. Judgment affirmed. Opinion by Justice Ginsburg. Opinion by Jus- tice Thomas concurring in the judgment. Opinion by Justice O'Connor, with whom Justice Breyer joins concurring in the judgment in part and dissenting in part. Dissenting opinion by The Chief Justice. No. 97475. El Al Israel Airlines, Ltd., Petitioner v. Tsui Yuan Tseng. 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 pro- ceedings in conformity with the opinion of this Court. Opinion by Jus- tice Ginsburg. Dissenting opinion by Justice Stevens.

Oral Arguments No. 97843. Aurelia Davis, as Next Friend of LaShonda D., Peti- tioner v. Monroe County Board of Education, et al. Argued by Ms. Verna L. Williams for the petitioner, by Ms. Barbara D. Underwood for the United States as amicus curiae, by special leave of the Court, and by Mr. W. Warren Plowden, Jr., for the respondents. No. 98184. Wyoming, Petitioner v. Sandra Houghton. Argued by Mr. Paul S. Rehurek for the petitioner, by Ms. Barbara B. McDowell for the United States as amicus curiae, by special leave of the Court, and by Ms. Donna D. Domonkos for the respondent.

Adjourned until Wednesday, January 13, 1999, at 10 o'clock.

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(JOURNAL) WEDNESDAY, JANUARY 13, 1999 447 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. 971230. City of West Covina, Petitioner v. Lawrence Perkins, 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 Kennedy. Opinion by Justice Thomas, with whom Justice Scalia joins, concurring in the judgment. 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. On writ of certiorari to the United States Court of Appeals for the Sixth Cir- cuit. Judgment reversed, and case remanded to the United States Court of Appeals for the Sixth Circuit for further proceedings in con- formity with the opinion of this Court. Opinion Per Curiam announced by The Chief Justice.

Admissions to the Bar on Oral Motions Applicant City and State Movant Deborah Lavonne Huskins St. Paul, MN LauraSue Schlatter Gary Howard Schorr Washington, DC Paul Abbott McCartney Janie L. Daigle Sacramento, CA Theodore Garelis Frank S. Furtek Sacramento, CA Theodore Garelis Daniel P. Tokaji Los Angeles, CA Mark D. Rosenbaum Oral Arguments No. 9897. Eloise Anderson, Director, California Department of So- cial Services, et al., Petitioners v. Brenda Roe and Anna Doe, etc. Ar- gued by Mr. Theodore Garelis for the petitioners, by Mr. Seth P. Wax- man for the United States as amicus curiae, by special leave of the Court, and by Mr. Mark D. Rosenbaum for the respondents.

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448 WEDNESDAY, JANUARY 13, 1999 No. 971625. California Dental Association, Petitioner v. Federal Trade Commission. Argued by Mr. Peter M. Sfikas for the petitioner and by Mr. Lawrence G. Wallace for the respondent.

Adjourned until Tuesday, January 19, 1999, at 10 o'clock.

Order In Pending Case No. A567. Kelvin Shelby Malone, Applicant v. Arthur Calderon, Warden, et al. Application for stay of execution of sentence of death presented to Justice O'Connor and by her referred to the Court denied.

Certiorari Denied No. 987609. Kelvin Shelby Malone, Petitioner v. Arthur Calderon, Warden, et al. 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 certiorari to the United States Court of Appeals for the Eighth Circuit denied. Justice Stevens and Justice Souter would grant the application for stay of execution.

Habeas Corpus Denied No. 987650. In Re Troy Dale Farris, 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.

Certiorari Denied No. 987651. Troy Dale Farris, 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, JANUARY 15, 1999 449 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. 98238. Togo D. West, Jr., Secretary of Veterans Affairs, Peti- tioner v. Michael Gibson. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit granted. Brief of the Solicitor General to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Thursday, February 25, 1999. Brief of re- spondent to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Wednesday, March 24, 1999. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Monday, April 12, 1999. Rule 29.2 does not apply. No. 98387. Greater New Orleans Broadcasting Association, Inc., etc., et al., Petitioners v. United States, et al. Petition for writ of certio- rari 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., Thursday, February 25, 1999. Brief of the Solicitor General to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Wednesday, March 24, 1999. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Monday, April 12, 1999. Rule 29.2 does not apply. No. 98507. James Snyder, Petitioner v. Sidney Trepagnier and City of New Orleans. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit granted limited to the following questions: 1. Whether a jury finding that a constitutional violation in- curred by use of excessive force in an arrest necessarily precludes a finding of qualified immunity, so as to make such dual findings irrecon- cilable? 2. Whether a reviewing court may reconcile apparent inconsist- encies in special jury verdicts despite possible defects in special inter- rogatories submitted, by determining whether, upon review of the entire record, the verdict as a whole was reasonable and supported by the evidence? Brief of petitioner to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Thursday, February 25, 1999. Brief of respondents to be filed with the Clerk and served upon oppos-

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450 FRIDAY, JANUARY 15, 1999 ing counsel on or before 3 p.m., Wednesday, March 24, 1999. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Monday, April 12, 1999. Rule 29.2 does not apply. No. 98727. Teresa L. Cunningham, Petitioner v. Hamilton County, Ohio. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit 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., Thursday, February 25, 1999. Brief of respondent to be filed with the Clerk and served upon opposing counsel on or before 3 p.m. Wednesday, March 24, 1999. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Monday, April 12, 1999. Rule 29.2 does not apply.

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(JOURNAL) TUESDAY, JANUARY 19, 1999 451 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. 985070. Thomas Slekis, Petitioner v. Joyce A. Thomas, Commis- sioner, Connecticut Department of Social Services. On petition for writ of certiorari to the United States Court of Appeals for the Second 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 Second Circuit for further consideration in light of the interpretive guidance issued by the Health Care Financing Administration on September 4, 1998.

Orders In Pending Cases No. A482. Vincent Lineberger, Applicant v. United States. Applica- tion for release pending appeal addressed to Justice Ginsburg and re- ferred to the Court denied. No. M37. Melvin James Center, Petitioner v. New York State De- partment of Agriculture and Markets, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M38. Anthony Wayne Silva, Petitioner v. Arthur L. Kelly, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. 126, Original. State of Kansas, Plaintiff v. State of Nebraska and State of Colorado. Motion for leave to file a bill of complaint granted. Motion of Nebraska for leave to file a sur-reply brief denied. Defendants allowed 60 days within which to file an answer. No. 9834. Nelson Fernandes, Petitioner v. Environmental Protec- tion Agency, et al. Motion to direct the Clerk to file a second petition for rehearing denied. No. 985611. Virgil Cochran, Petitioner v. Martha D. Nelson, et al. Motion of respondents for sanctions denied.

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452 TUESDAY, JANUARY 19, 1999 Certiorari Denied No. 98127. Alex Campos, et al., Petitioners v. Ticketmaster Corpo- ration. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 98308. Michael L. Curry, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Armed Forces denied. No. 98348. Texas, Petitioner v. William E. Walker; and No. 98350. William E. Walker, Petitioner v. Texas, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 98456. Joe Boehms, Petitioner v. Craven Crowell, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 98469. Aleksandr Kashuba, Petitioner v. Legion Insurance Company, c/o Hamilton Ballard, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98525. Operation Rescue National, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 98576. Guehenno Laborde, Petitioner v. Immigration and Natu- ralization Service and United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 98594. Don Lee Distributor, Inc. (Warren), et al., Petitioners v. National Labor Relations Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 98601. Bruce W. Dodds, Petitioner v. American Broadcasting Company, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98605. Jacquelyn Pounds, Petitioner v. Douglas County Board of Commissioners, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 98607. Jerry Goetz, dba Jerry Goetz and Sons, etc., Petitioner v. Daniel R. Glickman, Secretary of Agriculture, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Cir- cuit denied. No. 98614. Estate of Charles A. Muer, Deceased, Petitioner v. Rob- ert A. Karbel, Personal Representative of the Estate of George F. Drummey and Lynne Drummey, Deceased; and

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TUESDAY, JANUARY 19, 1999 453 No. 98817. Robert A. Karbel, Personal Representative of the Es- tate of George F. Drummey, and Lynne Drummey, Deceased, Petitioner v. Estate of Charles A. Muer, Deceased. Petitions for writs of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 98627. United Transportation Union, Petitioner v. Rodney Slater, Secretary of Transportation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 98630. Erik J. Hamilton, Petitioner v. Doctor's Associates, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 98643. Steven R. Jakubowski, Petitioner v. Securities and Ex- change Commission. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 98651. Kris Lindquist, Petitioner v. Steven Lobeck and Andrew Woronka. Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth District, denied. No. 98661. Kailash C. Pani, et al., Petitioners v. Empire Blue Cross Blue Shield. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 98662. Peggy Nell Hart, Petitioner v. Harold B. O'Brien, Frank Montana, C. T. "Tommy" Myrick, Jeff Starnes, and Carl Motley. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 98665. Richard D. Slautterback, et al., Petitioners v. IPC Mu- tual Indemnity, Ltd. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 98671. Citizens for a Constitutional Convention, et al. v. Dwayne D. Yoshina, Chief Election Officer of the State of Hawaii, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98677. Thomas W. Armstrong, Petitioner v. North Carolina State Board of Dental Examiners. Petition for writ of certiorari to the Court of Appeals of North Carolina denied. No. 98688. George Ateeq, Petitioner v. Elia Najor, aka Louie Najor, aka Elia M. Najor, and Ranger Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Cir- cuit denied.

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454 TUESDAY, JANUARY 19, 1999 No. 98692. Susan Radecki, Individually and as Personal Repre- sentative of the Estate of Chester A. Radecki, Deceased, et al., Peti- tioners v. Ron Barela, Personally and in His Official Capacity, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 98732. Polaris Insurance Company, Ltd., Petitioner v. Charles J. Brunet, et al. Petition for writ of certiorari to the Court of Appeal of Louisiana, Fifth Circuit, denied. No. 98733. Johnny Powell and Hugh Powell, Petitioners v. Alabama Power Company. Petition for writ of certiorari to the Supreme Court of Alabama denied. No. 98742. American National Fire Insurance Company, Petitioner v. Pacific Insurance Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 98747. Quartz Creek Land Company, Petitioner v. Coantha Childers. Petition for writ of certiorari to the Court of Appeals of Colo- rado denied. No. 98760. Chad Triplett, et al., Petitioners v. Livingston County Board of Education, et al. Petition for writ of certiorari to the Court of Appeals of Kentucky denied. No. 98761. William C. Martin, Petitioner v. Victor Baugh, etc. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 98775. Gordon Miller, Petitioner v. Fred VanNatta, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98779. United States Surgical Corporation, Petitioner v. Ap- plied Medical Resources Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 98780. Marjorie C. McMillan, Petitioner v. Massachusetts Soci- ety for the Prevention of Cruelty to Animals, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 98783. Irene L. Wright, etc., Petitioner v. Ernst & Young LLP. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 98784. PMC, Inc., Petitioner v. Sherwin-Williams Company. Pe- tition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

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TUESDAY, JANUARY 19, 1999 455 No. 98787. William Sumner Scott, Petitioner v. Cargill Investor Services, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 98788. Cynthia E. Canady, et al., Petitioners v. Allstate Insur- ance Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 98790. Lynda Mae Martinez Ares, Petitioner v. Gil Martinez. Petition for writ of certiorari to the Court of Civil Appeals of Ala- bama denied. No. 98793. Cheryle Ann Scheerer, et vir, Petitioners v. Hardee's Food Systems, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 98795. Calzadilla Construction Corporation, Petitioner v. Mu- nicipality of Vega Baja. Petition for writ of certiorari to the Court of Appeals of Puerto Rico denied. No. 98797. AmWest Savings Association, et al., Petitioners v. State- wide Capital, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 98798. Charter plc, Petitioner v. Marge Cameron, Individually, and as Special Administrator of the Estate of J. Bernard Latta, De- ceased, et al. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied. No. 98801. Harriman G. Radford, Petitioner v. General Dynamics Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 98802. Shamrock Farms Company, et al., Petitioners v. Ann M. Veneman, Secretary, California Department of Food & Agriculture, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98806. John W. Westling, et ux., Petitioners v. County of Mille Lacs, et al. Petition for writ of certiorari to the Supreme Court of Minnesota denied. No. 98807. Kmart Corporation, etc., Petitioner v. David Schlei- baum, Sandy Schleibaum, and Judith Kimmerling. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Cir- cuit denied. No. 98811. Guillermo Hoyos and Hector O. Rivera-Gonzalez, Peti- tioners v. Grand Cid Camilo-Robles. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

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456 TUESDAY, JANUARY 19, 1999 No. 98815. Browning-Ferris Industries of Colorado, Inc., Petitioner v. Thomas H. Decker. Petition for writ of certiorari to the Supreme Court of Colorado denied. No. 98820. Fort Bend County, Petitioner v. Kenneth Craig Brady, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. No. 98824. Earl Jay Wilson, Petitioner v. Donald R. Hill, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 98827. In Re Ann Aldrich, District Judge, Petitioner; and No. 986890. Joseph Smith, Petitioner v. Reginald Wilkinson, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 98828. Home Boy 2000, Petitioner v. Gucci America, Incorpo- rated, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 98833. Samuel Madden Homes Tenant Council, Petitioner v. Alexandria Resident Council, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 98850. Rockwell International Corporation, Petitioner v. Celer- itas Technologies, Ltd. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 98868. PMC Trust, et al., Petitioners v. Foothills Townhome Association. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. No. 98877. Morris Myers, Petitioner v. Third Judicial District Court of Salt Lake County, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 98879. Sakharam D. Mahurkar, Petitioner v. C. R. Bard, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 98884. Lake James Community Volunteer Fire Department, Incorporated, Petitioner v. Burke County. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 98903. Marilyn Minns, Individually and as Parent and Guardian of Casey R. Minns (Infant), et al., 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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TUESDAY, JANUARY 19, 1999 457 No. 98910. Loretta M. Young, Petitioner v. William M. Daley, Secre- tary of Commerce. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 98914. Sam Wright, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 98922. Lucile C. Barnett, Petitioner v. Department of Veterans Affairs. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 98937. Dale Harris and Mary Van, Petitioners v. United States, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 98944. Mary K. Fisher and Charles F. Patterson, Petitioners v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 98946. Edward G. Shlikas, Petitioner v. Wake Forest Univer- sity, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 98948. Antonio Jackson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Armed Forces denied. No. 98953. Norton M. Bowman, Jr., Petitioner v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 98955. Chau K. Thai, Petitioner v. Board of Review, New Jersey Department of Labor. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. No. 98973. Christopher Eric Bouchat, Petitioner v. Maryland. Peti- tion for writ of certiorari to the Court of Special Appeals of Mary- land denied. No. 985607. Mark P. Donaldson, Petitioner v. Department of Agri- culture. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 985816. David A. Iyegha, Petitioner v. United Airlines, Inc. Petition for writ of certiorari to the Supreme Court of Alabama denied. No. 986016. Jesus Santa Maria-Martinez, 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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458 TUESDAY, JANUARY 19, 1999 No. 986100. Tony Edge, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986148. Edward J. Percesepe, Petitioner v. New York State Department of Labor, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 986161. William Joseph Holly, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied. No. 986208. Judith Ann Neely, Petitioner v. Tom Newton, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied. No. 986365. Dan Evehema, Martin Gashweseoma, and Emery Holmes, Sr., Petitioners v. Indian Health Services, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986397. Obadyah Ben-Yisrayl, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied. No. 986400. Wayne Lucas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 986451. George H. Whitaker, III, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 986514. John H. Johnston, Jr., Petitioner v. Department of Vet- erans Affairs. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 986517. Thomas Nevius, Petitioner v. E. K. McDaniel, Warden, et al. Petition for writ of certiorari to the Supreme Court of Nevada denied. No. 986521. John Lesko, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern Dis- trict, denied. No. 986575. James Edward Verner, Petitioner v. United States Pa- role Commission. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 986798. Harlan C. Richards, Petitioner v. Gerald A. Berge, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 986799. Christopher L. Parson, Petitioner v. Daniel Senkowski, Superintendent, Clinton Correctional Facility. Petition for writ of cer-

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TUESDAY, JANUARY 19, 1999 459 tiorari to the United States Court of Appeals for the Second Circuit denied. No. 986801. Robin Steven Martin, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Ap- pellate District, denied. No. 986811. Francisco Vargas, 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. 986824. James S. Knight, Petitioner v. Circuit Court of Ala- bama, Houston County. Petition for writ of certiorari to the Supreme Court of Alabama denied. No. 986825. Oliver Jay Lewis, Petitioner v. Texas. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Cir- cuit denied. No. 986829. Willie James Peterson, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Fifth District, denied. No. 986839. Bruce Hayes, 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. 986840. Lee David Humphrey, Petitioner v. Michele C. Red- mon. Petition for writ of certiorari to the Supreme Court of Montana denied. No. 986841. Lewis Day, Petitioner v. James Purkett, Superintend- ent, Farmington Correctional Center. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 986843. Frank Gaster, 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. 986844. Jackie Floyd, Petitioner v. Larry Norris, Director, Ar- kansas Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 986845. Jeffrey Lamont Harrison, Petitioner v. Terry Pitcher, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

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460 TUESDAY, JANUARY 19, 1999 No. 986846. Ronald Flournoy, Petitioner v. J. L. Glazier. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986851. Pedro Garcia Quintero, Petitioner v. North Carolina Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986862. Carol Vasko Simpson, Petitioner v. Donald Simpson. Petition for writ of certiorari to the Superior Court of Georgia, Cobb County, denied. No. 986865. Jack K. Stein, Petitioner v. Tana Wood, Superintend- ent, Washington State Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986867. Martiano Antonetti Perry, Petitioner v. Oklahoma. Pe- tition for writ of certiorari to the Court of Criminal Appeals of Okla- homa denied. No. 986870. James E. Taylor, 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. 986871. Keith Allen Warren, Petitioner v. Nevada. Petition for writ of certiorari to the Supreme Court of Nevada denied. No. 986872. Steve Williams, Petitioner v. Walgreen Company. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986884. Monica Kindred, Petitioner v. Northome/Indus Inde- pendent School District 363. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 986886. Tamara Pal, Petitioner v. Shaari Pal. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied. No. 986893. Kirk Leaphart, Petitioner v. Michigan Department of Corrections. Petition for writ of certiorari to the Court of Appeals of Michigan denied. No. 986894. Larry Mobley, 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.

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TUESDAY, JANUARY 19, 1999 461 No. 986896. Randy Lee Hadderton, Petitioner v. Barbara Jean Had- derton. Petition for writ of certiorari to the Court of Appeals of Texas, Seventh District, denied. No. 986898. Amanda Johnson Edmond, Petitioner v. Gordon Bat- son. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. No. 986899. Durand K. Dickerson, Petitioner v. Leavitt Rentals, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 986900. Robert Lee Jenkins, Petitioner v. D. R. Hill, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 986908. Juan Efrain Serrano, Petitioner v. Melvin Thomas, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986909. Wade Plair, Petitioner v. James S. Price, Superintend- ent, State Correctional Institution at Pittsburgh. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 986913. Donald Ray Newcomb, Petitioner v. James Morgan, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 986914. Leroy Daure, 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. 986920. Patrick A. Johnson, Petitioner v. James D. 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. 986936. Steven Vasalka, 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. 986939. Darryl Lee, 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. 986941. Andre Demetrius Green, Petitioner v. North Carolina. Petition for writ of certiorari to the Supreme Court of North Caro- lina denied.

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462 TUESDAY, JANUARY 19, 1999 No. 986944. Ronnie Bradfield, Petitioner v. Billy Compton, et al. Petition for writ of certiorari to the Court of Appeals of Tennessee, Western Division, denied. No. 986996. John W. Perotti, Petitioner v. Terry L. Collins, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987000. Michael Sanford, 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. 987011. Rosetta Sumter, Petitioner v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 987015. David Nollmeyer, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 987039. Richard Ralph Martinez, Petitioner v. New Mexico, et al. Petition for writ of certiorari to the Supreme Court of New Mex- ico denied. No. 987044. Roberta S. Thomas, 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. 987072. Glenn Calvin Lawhorn, Jr., Petitioner v. Rufus R. Fleming, Warden, et al.; Glenn Calvin Lawhorn, Jr., Petitioner v. Ron- ald J. Angelone, Director, Virginia Department of Corrections, et al.; and Glenn Calvin Lawhorn, Jr., Petitioner v. Rufus R. Fleming, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987080. 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. 987094. Oswald Fermin, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied. No. 987095. Samuel Howard, 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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TUESDAY, JANUARY 19, 1999 463 No. 987125. Evelyn Harrell, Petitioner v. Department of Justice, Civil Rights Division. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 987133. Russell Edward Turner, 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. 987137. Trenton M. Brown, 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. 987138. William Earl Cunningham, Petitioner v. Leland Heus- zel, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987142. Michael D. Dopson, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied. No. 987145. Mahmoud Abouhalima, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 987177. Donald Jones, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. No. 987209. Roy Allen Pacheco, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 987213. Alex Beverly, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 987220. Jose Campos, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 987223. Cynthia Bennett Evans, aka Cindy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987224. Juan Ortiz Ramires, 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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464 TUESDAY, JANUARY 19, 1999 No. 987225. Harvey N. Shenberg, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 987226. Robert L. Payne, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987229. Alfred Cross, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 987231. Adalberto Cruz-Santana, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987237. Robert Franklyn, aka Robert Franklin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 987239. Martin Gonzalez Munoz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987245. Todd Errol Vassell, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987247. Wayne Thomas Charles Vautier, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 987248. Richard McNeal, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 987250. Francis Sherwood, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 987251. Larry D. Rogers, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 987254. Jerry Wayne Sewell, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987257. Edward D. Ricks, 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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TUESDAY, JANUARY 19, 1999 465 No. 987270. Kevin Tinsley, Gregory McCorkle, and Sergio Barrios, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987271. Matthew J. Buman, Petitioner v. Wisconsin. Petition for writ of certiorari to the Court of Appeals of Wisconsin, District IV, denied. No. 987275. Anthony L. Croushorn, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987277. Noor Ahmad, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987281. William E. Williams, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987282. Wickie W. Tutt, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 98652. SBC Communications, Inc., et al., Petitioners v. Federal Communications Commission, et al. Motion of Texas Justice 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 Fifth Circuit denied. Justice O'Connor took no part in the consideration or decision of this motion and this petition. No. 98653. Bell Atlantic Corporation, Petitioner v. Federal Commu- nications Commission, et al. 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. 98687. New Jersey, Petitioner v. Leslie A. Nelson. Motion of respondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the Supreme Court of New Jersey denied. No. 98737. Jonathan W. Marshall, et al., Petitioners v. Ronald Sus- ter, et al. Motion of Secretaries of State of Connecticut, 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. 98799. Kauthar Sdn Bhd, Petitioner v. Michael A. Sternberg, 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 certio- rari to the United States Court of Appeals for the Seventh Circuit denied.

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466 TUESDAY, JANUARY 19, 1999 No. 98819. Richard P. Krell, et al., Petitioners v. Prudential Insur- ance Company of America; and No. 98888. Richard Johnson, Petitioner v. Prudential Insurance Company of America. Petitions for writs of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Breyer took no part in the consideration or decision of these petitions. No. 985021. Michael Wayne Riggs, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fourth Ap- pellate District, denied. Opinion by Justice Stevens, with whom Justice Souter and Justice Ginsburg join, respecting the denial of the petition for writ of certiorari. Statement by Justice Breyer dissenting from denial of the petition for writ of certiorari. No. 986065. Eduardo Lopez, Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections, et al. Motion of peti- tioner to strike appendix and portions of brief in opposition denied. Petition for writ of certiorari to the Supreme Court of Florida denied.

Habeas Corpus Denied No. 987291. In Re Charles L. Summers, Petitioner. Petition for writ of habeas corpus denied.

Mandamus Denied No. 98778. In Re Herman West, Jr., Petitioner; No. 98913. In Re Robert D. Mueller, Petitioner; No. 986860. In Re David Wayne Vanderbeck, aka Beck, Peti- tioner; and No. 987205. In Re Roland Williams, Petitioner. Petitions for writs of mandamus denied. No. 986927. In Re Bobbie L. Celestine, Petitioner. Petition for writ of mandamus and/or prohibition denied.

Prohibition Denied No. 986821. In Re Samuel L. Surles, Petitioner. Petition for writ of prohibition denied.

Rehearings Denied No. 978515. Larry Franklin, Petitioner v. Charles E. Jones, Warden, et al.; No. 978888. Donald Green, Petitioner v. Eliot L. Spitzer, Attorney General of New York;

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TUESDAY, JANUARY 19, 1999 467 No. 979389. Derek Marquis Fleming, Petitioner v. United States, et al.; No. 979425. Thomas Fly, Petitioner v. Georgia; No. 9852. Gary Victor Dubin, Petitioner v. United States; No. 98105. Mirtha Urbano, Petitioner v. Continental Airlines, Inc.; No. 98363. Douglas Moore and O'Neil Bradford, Petitioners v. Time Warner, Inc., et al.; No. 98588. In Re David L. Smith, Petitioner; No. 98641. Benjamin P. Zvenia, Petitioner v. Nevada; No. 98705. Eleanor Schuler, Petitioner v. McGraw-Hill Companies, Inc., etc., et al.; No. 985841. Daries Sherrills, Petitioner v. United States District Court for the Northern District of Ohio; No. 985990. Benjamin F. Sallee, Jr., Petitioner v. United States; No. 986062. Kenneth B. Quarterman, Petitioner v. Harris Lewis, Judge, Probate Court of Chatham County, Georgia; No. 986073. Matthew Joseph Sikora, Jr., Petitioner v. Robert Hous- ton, et al.; No. 986250. Alfonzo Albert Lopez, Petitioner v. Peter A. Douglas, Warden, et al.; No. 986280. Carlos J. Fernandez, Petitioner v. Home Savings of America; No. 986344. Melvin Sumler, Petitioner v. United States; and No. 986525. Sahag Tchakmakjian, Petitioner v. William S. Cohen, Secretary of Defense. Petitions for rehearing denied. No. 985735. Johnnie Mae Jones and Harvella Jones, Petitioners v. Shearn Smith, et al. Motion for leave to file a petition for rehearing denied. No. 985813. Anna Spigelski, Petitioner v. McDonald's. Petition for rehearing denied. Justice Breyer took no part in the consideration or decision of this petition.

Attorney Discipline

No. D1910. In the Matter of Disbarment of Gwen G. Caranchini. Disbarment order entered. No. D1934. In the Matter of Gerald A. Sadler. Gerald A. Sadler, of Houston, Texas, 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 April 20, 1998, is discharged.

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468 TUESDAY, JANUARY 19, 1999 No. D1940. In the Matter of Disbarment of Barbara Kaplan Lewin- son. Disbarment order entered. No. D1991. In the Matter of Disbarment of Herbert Arnold Becker. Disbarment order entered. No. D2000. In the Matter of Disbarment of Donald Wilson Henry. Disbarment order entered. No. D2003. In the Matter of Disbarment of Amiel Stephen Cueto. Disbarment order entered. No. D2004. In the Matter of Disbarment of James A. Consoli. Dis- barment order entered. No. D2005. In the Matter of Disbarment of A. Curtis Washburn. Disbarment order entered. No. D2021. In the Matter of Disbarment of Edward Walker Reck- denwald. Edward Walker Reckdenwald, of Rockville, 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. D2022. In the Matter of Disbarment of Kent Wayne Jackson. Kent Wayne Jackson, of Phoenix, Arizona, 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. D2023. In the Matter of Disbarment of Barrett Neil Weinb- erger. Barrett Neil Weinberger, of Cincinnati, 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. D2024. In the Matter of Disbarment of Neal Forman. Neal Forman, of Brooklyn, 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. D2025. In the Matter of Disbarment of Alan Harris Segal. Alan Harris Segal, of Newton, 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. D2026. In the Matter of Disbarment of Thomas Patrick Freydl. Thomas Patrick Freydl, of Bloomfield Hills, Michigan, is suspended

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TUESDAY, JANUARY 19, 1999 469 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. D2027. In the Matter of Disbarment of John Michael Gill. John Michael Gill, of Glen Burnie, 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. D2028. In the Matter of Disbarment of William Palmer Efird. William Palmer Efird, of Memphis, Tennessee, 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. D2029. In the Matter of Disbarment of Andrew R. Puglia. An- drew R. Puglia, of Winter Hill, 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. D2030. In the Matter of Disbarment of Michael S. Weiss. Mi- chael S. Weiss, of Mamaroneck, 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. D2031. In the Matter of Disbarment of William B. Custer. Wil- liam B. Custer, of Portland, 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, January 25, 1999, until Monday, February 22, 1999.

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

Kevin C. Ambler Tampa, FL Judge Walter Thompson Cox, III

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470 TUESDAY, JANUARY 19, 1999

Applicant City and State Movant Robert M. Baker III Indianapolis, IN Sally Franklin Zweig Ernest C. Ballweg Stilwell, KS Ray Lynn Borth Daniel Kearney Bean Jacksonville, FL Judge Walter Thompson Cox, III John Charles Bennett Huntsville, TX David Patrick O'Neil Eric Rawson Bredemeyer Miami, FL Judge Walter Thompson Cox, III Eric E. Breisach Kalamazoo, MI John W. Allen Scott Brettschneider Kew Gardens, NY Jerald Lee Hill Mark Paxton Brewer Sarasota, FL Judge Walter Thompson Cox, III Kenneth H. Carlson Glendale, CA Thomas H. Ott Oliver Patrick Cleary San Diego, CA Scott William Davenport Frances S. Cohen Boston, MA Richard W. Renehan Brendan Donald Cook Houston, TX Richard Loren Stanley Sherry Lane Deaver Houston, TX Richard Loren Stanley Neal Deoul Baltimore, MD Joan Gottesman Wexler Julia Diaz-Rex Miami, FL Judge Walter Thompson Cox, III John William Elam Bozeman, MT John C. Elam David Wayne Fermino Los Angeles, CA Maria Elena Stratton Scott King Field Austin, TX Larry F. York Paul Flynn Chicago, IL Daniel G. Martin Jan K. Frankowski New Orleans, LA Walter Chillingworth Thompson, Jr. Barbara Halpern Furey Portland, ME David Lee Bacon

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TUESDAY, JANUARY 19, 1999 471

Applicant City and State Movant Mark Ginalski Tiburon, CA Joseph DeScala, Jr. Michael Francis Grady Brookfield, CT Robert D. Ryan Charles Kenyon Greenfield Vienna, VA Robert A. Baines William Alan Groves Cuyahoga Falls, Judge Walter OH Thompson Cox, III Christina L. Gruenhagen Des Moines, IA Eldon L. McAfee Jean M. Heinz San Diego, CA Scott William Davenport Arturo Hernandez-M San Jose, CA Francine Zepeda Richard M. Hoffman New York, NY Joan Gottesman Wexler Steven Donald Hughey Lansing, MI Thomas L. Casey Brian G. Kanner Kennebunkport, David Lee Bacon ME Beth Katz Arlington Paul A. Grabowski Heights, IL Melanie Gurley Keeney St. Louis, MO Ian Paul Cooper Patrick Owen King Carson City, NV Daniel Francis Polsenberg Joseph W. Kirby Springboro, OH Marcus F. Clark Michelle Kosse McLean, VA Jaclyn Chait Taner Richard Henry Kuhlman St. Louis, MO Ian Paul Cooper Debra D. Loeffelholz Norman, OK Elvin J. Brown Michael James Madison Pittsburgh, PA James Raymond Madison Eve Barrie Masinter New Orleans, LA Milton P. Masinter Robert E. McCall Melbourne, FL Judge Walter Thompson Cox, III Edward Harold Merrigan, Jacksonville, FL Judge Walter Jr. Thompson Cox, III Michael B. Myers Topeka, KS Eric Franklin Melgren Timothy Patrick O'Toole Las Vegas, NV Michael Pescetta Alfonso Oviedo-Reyes Miami, FL William E. Cassidy Arthur M. Palkowitz San Diego, CA Brooks L. Iler

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472 TUESDAY, JANUARY 19, 1999

Applicant City and State Movant Steven Robert Parrish Fond du Lac, WI Judge Walter Thompson Cox, III Rosalie Vaughan Staunton, VA Thomas Grasty Pemberton Bell, Jr. Manuel J. Perez-Garcia San Juan, PR Eliezer Aldarondo-Ortiz Jaime Arturo San Juan, PR Luis G. Rullan Riera-Seivane Marin Dale Mark Rodriguez Dallas, TX David Kohlman Watsky Carol Fein Ross New York, NY Joan Gottesman Wexler Henry Sherman New York, NY Joan Gottesman Wexler Paul R. Shuldiner Chicago, IL Mary Frances Hegarty David Charles Skilling Algona, IA Eldon L. McAfee Randall Scott Susskind Montgomery, AL Ruth Elissa Friedman Robert J. Van Der Wall Miami, FL Jerome B. Ullman, Jr. Sonia Sheber Waisman San Diego, CA Mitchell Lee Lathrop Thomas E. Wallace Jacksonville, FL Judge Walter Thompson Cox, III Harvey Weitz New York, NY Joan Gottesman Wexler Gregory Burke Westfall Fort Worth, TX William Stanley Harris Jon William Zinke Brooklyn, NY Joan Gottesman Wexler

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

Avis Elizabeth Buchanan Washington, DC Joseph Marc Sellers Robert H. Nuttall Philadelphia, PA Jan Marie Ritchie

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TUESDAY, JANUARY 19, 1999 473

Applicant City and State Movant Kenneth Lawrence Marcus Washington, DC Charles Justin Cooper Jeffery Alan Tomasevich Washington, DC Charles Justin Cooper

Oral Arguments No. 972000. American Manufacturers Mutual Insurance Company, et al., Petitioner v. Delores Scott Sullivan, et al. Argued by Mr. Michael W. McConnell for the petitioners, by Mr. Malcolm L. Stewart for the United States as amicus curiae, by special leave of the Court, and by Ms. Loralyn McKinley for the respondents. No. 972045. South Central Bell Telephone Company, et al., Petition- ers v. Alabama, et al. Argued by Mr. Mark L. Evans for the petitioners and by Mr. Charles J. Cooper for the respondents.

Adjourned until Wednesday, January 20, 1999, at 10 o'clock.

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(JOURNAL) WEDNESDAY, JANUARY 20, 1999 475 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.

Admission to the Bar on Oral Motion Applicant City and State Movant Martin Bristol McGee Concord, NC Judge Robinson O. Everett Opinions No. 97303. Humana Inc., et al., Petitioners v. Mary Forsyth, et al. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment affirmed. Opinion by Justice Ginsburg. No. 971396. Vicky M. Lopez, et al., Appellants v. Monterey County, et al. On appeal from the United States District Court for the Northern District of California. Judgment reversed, and case remanded to the United States District Court for the Northern District of California for further proceedings in conformity with the opinion of this Court. Opinion by Justice O'Connor. Opinion by Justice Kennedy, with whom The Chief Justice joins, concurring in the judgment. Dissenting opinion by Justice Thomas. No. 971642. Department of the Army, Petitioner v. Blue Fox, 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 The Chief Justice. No. 971732. California Public Employees' Retirement System, et al., Petitioners v. Paul Felzen, et al. On writ of certiorari to the United States Court of Appeals for the Seventh Circuit. Judgment affirmed by an equally divided Court. Opinion per curiam announced by The Chief Justice. Justice O'Connor took no part in the consideration or decision of this case.

Oral Arguments No. 9884. National Collegiate Athletic Association, Petitioner v. R. M. Smith. Argued by Mr. John G. Roberts, Jr., for the petitioner, by

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476 WEDNESDAY, JANUARY 20, 1999 Mr. Carter G. Phillips for the respondent, and by Mr. Edwin S. Kneed- ler for the United States as amicus curiae, by special leave of the Court. No. 9885. James B. Hunt, Jr., Governor of North Carolina, et al., Appellants v. Martin Cromartie, et al. Argued by Mr. Walter E. Dellin- ger for the appellants, by Mr. James A. Feldman for the United States as amicus curiae, by special leave of the Court, and by Mr. Robinson O. Everett for the appellees.

Adjourned until Monday, January 25, 1999, at 10 o'clock.

Certiorari Denied No. 987680. Mark A. Sheppard, Petitioner v. John Taylor, Warden. Application for stay of execution of sentence of death addressed 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.

Certiorari Denied No. 987715. Mark A. Sheppard, Petitioner v. Mark L. Earley, Attor- ney General of Virginia. Application for preliminary injunction ad- dressed 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) FRIDAY, JANUARY 22, 1999 477 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. 987077. Martin Sauceda Vega, 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.

Appeals-Jurisdiction Noted No. 98405. Janet Reno, Attorney General, Appellant v. Bossier Par- ish School Board; and No. 98406. George Price, et al., Appellants, v. Bossier Parish School Board. Appeals from the United States District Court for the District of Columbia. In these cases probable jurisdiction noted. The cases are consolidated and a total of one hour is allotted for oral argument. Briefs of appellants to be filed with the Clerk and served upon opposing coun- sel on or before 3 p.m., Friday, March 5, 1999. Brief of appellees to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, April 2, 1999. Reply briefs, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, April 16, 1999. Rule 29.2 does not apply.

Certiorari Granted No. 98830. Amoco Production Company, etc., Petitioner v. Southern Ute Indian Tribe, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit granted. Brief of peti- tioner to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, March 5, 1999. Briefs of respondents to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, April 2, 1999. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, April 16, 1999. Rule 29.2 does not apply. Justice Breyer took no part in the consideration or decision of this petition.

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478 FRIDAY, JANUARY 22, 1999 Order In Pending Case No. A603. Joseph Ernest Atkins, Applicant v. William Catoe, In- terim Director, South Carolina Department of Corrections, et al. Appli- cation for stay of execution of sentence of death addressed to The Chief Justice and by him referred to the Court denied.

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(JOURNAL) MONDAY, JANUARY 25, 1999 479 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. M39. John Woods, Petitioner v. United States. Motion for leave to file a petition for writ of certiorari under seal with redacted copies for public record granted. No. M40. David C. Schubert, Petitioner v. Superior Court of Wash- ington. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. 971008. Carolyn C. Cleveland, Petitioner v. Policy Management Systems Corporation, et al. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argu- ment granted. No. 971868. UNUM Life Insurance Company of America, Peti- tioner v. John E. Ward. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argu- ment granted. No. 986. El Paso Natural Gas Company, et al., Petitioners v. Laura Neztsosie, et al. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted. No. 98208. Carole Kolstad, Petitioner v. American Dental Associa- tion. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted. No. 9810. Jefferson County, Alabama, Petitioner v. William M. Acker, Jr., Senior Judge, United States District Court, Northern Dis- trict of Alabama, and U. W. Clemon, Judge, United States District Court, Northern District of Alabama. Motion of the parties to dispense with printing the joint appendix granted. No. 987024. Gerald J. Landsberger, Petitioner v. William J. Schafer, Judge, Superior Court of Arizona, Maricopa County, et al. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner

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480 MONDAY, JANUARY 25, 1999 allowed until February 16, 1999, 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. 987311. George Van Wagner, III, Petitioner v. Mark A. Henry, Warden. Motion of petitioner for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner allowed until February 16, 1999, 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. 987374. John H. Thiele, Petitioner v. United States. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner allowed until February 16, 1999, 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. 98678. Los Angeles Police Department, Petitioner v. United Reporting Publishing Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted. No. 98963. Jeremiah W. (Jay) Nixon, Attorney General of Missouri, et al., Petitioners v. Shrink Missouri Government PAC, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit granted. No. 98791. J. Daniel Kimel, Jr., et al., Petitioners v. Florida Board of Regents, et al.; and No. 98796. United States, Petitioner v. Florida Board of Regents, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit granted. The cases are consolidated, and a total of one hour is allotted for oral argument.

Certiorari Denied No. 98492. Beverly Health and Rehabilitation Services, Inc., et al., Petitioners v. Gerald Kobell, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 98655. Leonard S. Sands, et al., Petitioners v. Securities and Exchange Commission. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98660. Samuel N. Marroquin, et ux., 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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MONDAY, JANUARY 25, 1999 481 No. 98722. Michael L. Davis, Petitioner v. John Zirkelbach, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 98774. Atlantic Lloyd's Insurance Company of Texas, et al., Petitioners v. Zurich Insurance Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 98832. Miller and Son Paving, Inc., Petitioner v. Plumstead Township. Petition for writ of certiorari to the Supreme Court of Penn- sylvania, Eastern District, denied. No. 98840. Wallace A. Heusser, Petitioner v. MLQ Investors, etc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98842. Lillian Derryberry, Individually, and as Next Friend of James L. Bryant, Petitioner v. NationsBank of Texas, N. A., fka N. C. N. B. Texas National Bank. Petition for writ of certiorari to the Court of Appeals of Texas, First District, denied. No. 98846. Alex Stencel, Petitioner v. Gary Emard. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98854. Damon Thomas, Petitioner v. Missouri. Petition for writ of certiorari to the Court of Appeals of Missouri, Western District, denied. No. 98862. Consuela M. Watson, Petitioner v. First National Bankc- ard Center. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 98865. ANR Pipeline Company, et al., Petitioners v. John D. Lafaver, Secretary, Kansas Department of Revenue, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 98872. Quentin Hideyuki Tahara, Petitioner v. Matson Termi- nals, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98883. Michigan Automotive Research Corporation, Petitioner v. Michigan Department of Treasury. Petition for writ of certiorari to the Court of Appeals of Michigan denied. No. 98887. Gary Lynn Miller, Petitioner v. Michael J. Miller. Peti- tion for writ of certiorari to the Court of Appeal of California, Fifth Appellate District, denied.

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482 MONDAY, JANUARY 25, 1999 No. 98891. Robert A. Hirschfeld, Petitioner v. Thomas Zlaket, Chief Justice, Arizona Supreme Court, et al. Petition for writ of certio- rari to the Supreme Court of Arizona denied. No. 98894. Lester Scott, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Mahoning County, denied. No. 98900. Robert W. Collin, Petitioner v. University of Virginia, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. No. 98901. Richard W. Tokheim, Petitioner v. Commodity Futures Trading Commission. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 98902. Jose Manuel Plaza, aka Jose Emanuel Plaza, etc., Peti- tioner v. General Assurance Company, aka General Accident Insurance Company. Petition for writ of certiorari to the Appellate Division, Su- preme Court of New York, First Judicial Department, denied. No. 98908. Martin Bartholomew Moss, Petitioner v. City of Mont- gomery, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 98925. Robert Daniel Parham, Petitioner v. Mississippi. Peti- tion for writ of certiorari to the Supreme Court of Mississippi denied. No. 98936. Fermin C. Perez, Petitioner v. Arizona. Petition for writ of certiorari to the Court of Appeals of Arizona, Division Two, denied. No. 98956. Charles J. Cannon and William L. Blagg, Petitioners v. Lawrence G. Williams. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 98968. Kurt E. Johnson, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Third District, denied. No. 98979. James A. Ghent, Jr., Petitioner v. New York, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 98984. James Erwin, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 98997. James H. Dickey, Petitioner v. City of Hartsville, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 981000. S. Rebecca Dachman, Petitioner v. William David Sch- wieterman and United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

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MONDAY, JANUARY 25, 1999 483 No. 981006. Michael Miszko, Jr., Petitioner v. Eliot L. Spitzer, At- torney General of New York, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 981015. Coy Lynn Owens, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 981017. Olaf Peter Juda, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986180. Walter L. Thomas, Petitioner v. Jerry Gilmore, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. No. 986374. Rudy Benevides, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fifth Appellate District, denied. No. 986592. Jay C. Falge, Jr., Petitioner v. Kenneth S. Apfel, Com- missioner of Social Security. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986802. Chinyere Iheke, Petitioner v. United States; and No. 987030. Ikechi Emuchay, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986932. Taft J. Perry, Jr., Petitioner v. United Parcel Service. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986933. Eugene Milton Clemons, II, Petitioner v. Alabama. Pe- tition for writ of certiorari to the Supreme Court of Alabama denied. No. 986952. Willie Ansley, Petitioner v. Greenbus Lines, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 986955. Peter Michael Bergne, Petitioner v. William Duncan, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986956. Miguel Amador, Petitioner v. Charles Greiner, Super- intendent, Sing Sing Correctional Facility. Petition for writ of certio- rari to the United States Court of Appeals for the Second Circuit denied.

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484 MONDAY, JANUARY 25, 1999 No. 986957. Danny J. Cohea, 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. 986959. Terry Lee Carpenter, Petitioner v. David G. Mills, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 986966. Jeffrey A. Rosenberg, Petitioner v. Hyatt Hotel and Resort, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 986970. Luther Carter Spain, Jr., Petitioner v. Virginia. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986972. Shawn Derrick Bonnett, Petitioner v. North Carolina. Petition for writ of certiorari to the Supreme Court of North Caro- lina denied. No. 986978. Charles Lawrence, Sr., Petitioner v. Tony Turpin, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986979. Ronal Kiskila, et ux., Petitioners v. Business Exchange, Inc. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. No. 986980. Peter Ninemire, Petitioner v. Carla J. Stovall, Attorney General of Kansas, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 987001. Joseph Stanley Faulder, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 987006. Brandon Vickers, Petitioner v. Missouri. Petition for writ of certiorari to the Court of Appeals of Missouri, Southern Dis- trict, denied. No. 987007. Charles Young, 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. 987008. Scott Louis YoungBear, Petitioner v. Anheuser-Busch, Inc.; and Scott Louis YoungBear, Petitioner v. Playboy Enterprises, Inc. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied.

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MONDAY, JANUARY 25, 1999 485 No. 987009. Betty Sazio, Petitioner v. Anne Alcoser, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Ap- pellate District, denied. No. 987013. Barney Marshall, Jr., Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. No. 987016. Robert Kevin McCartney, Petitioner v. Clyde Terral, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. No. 987018. Mel M. Marin, Petitioner v. Maryland Board of Law Examiners, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987025. Erik Paul Talvensaari, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Ap- pellate District, denied. No. 987087. Clyde Doggett, Petitioner v. Sharon Sparks, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 987116. Gerald Lee Bishop, Jr., Petitioner v. A. C. Newland, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987119. Felton B. Green, Petitioner v. Florida Parole and Par- don Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 987131. Jose Crespo, Petitioner v. Connecticut. Petition for writ of certiorari to the Supreme Court of Connecticut denied. No. 987157. Eric Snow, Petitioner v. Pamela Snow. Petition for writ of certiorari to the Supreme Court of Montana denied. No. 987159. Raymond L. Richardson, 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. 987183. Edward J. Zakrzewski, II, Petitioner v. Florida. Peti- tion for writ of certiorari to the Supreme Court of Florida denied. No. 987187. William M. Thompson, Petitioner v. Department of the Treasury. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 987203. Cordell Street, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

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486 MONDAY, JANUARY 25, 1999 No. 987246. Bryce W. Young, Petitioner v. Michigan. Petition for writ of certiorari to the Supreme Court of Michigan denied. No. 987252. Audrey Splain, Petitioner v. Tom Newton, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 987253. Nicky Joe Randolph, Jr., Petitioner v. Charlie Jones, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987263. Dwight Milner, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 987268. Maurice Clifton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987272. Antowne Dusha Chappell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987279. Ronald Whethers, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 987293. Gregory Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 987295. Paul Jason Charbonneau, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987297. T. Glenn Anderton, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 987305. Michael Anthony Smith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987310. George N. Uboh, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 987315. Douglas R. McCarroll, 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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MONDAY, JANUARY 25, 1999 487 No. 987317. Scott David Lattany, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 987320. George W. Brown, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 987322. Andrew Bell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 987324. Carlos Julio Reyes, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 987326. Richard N. Urias, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987327. James E. Cliff, Petitioner v. Marilyn J. Slaatten, et al. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied. No. 987330. Steven Joseph Garza, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987332. Paul Fazzini, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 987334. Robert H. Miller, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 987335. Jason Allen Miller, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987337. Bruce Douglas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987338. Miguel Angil Gonzalez, aka Miguel Gonzales, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987339. Jimmy Nguyen, 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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488 MONDAY, JANUARY 25, 1999 No. 987340. William T. Lawrence, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 987341. Francisco Mendoza-Mora, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987342. 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. 987345. John Holland, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 987357. Paul Nagy, Petitioner v. United States Court of Ap- peals for the Second Circuit. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 987364. Javier Molina-Suero, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 987370. Hector Rodriguez-Pena, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 987375. Joyce Carmen Ramos, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987379. Jackson Quintero-Figueroa, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 987382. Harold Cunningham, 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. 987385. Salvatore Brunetti, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 987386. Charles Connelly, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987389. Jaime Briseno-Manzo, 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, JANUARY 25, 1999 489 No. 987390. David Arias, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 987392. Carl Robert Christy, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987410. Christopher Wardell, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 987411. Martin Vega-Benavides, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987418. Marcos Loinas Anderson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 982. Metropolitan Life Insurance Company, Petitioner v. Rich- ard Sabo. Motion of American Council of Life Insurance 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. 98831. Albuquerque Journal, Petitioner v. Cesar Gonzales, aka Cougar, 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 Tenth Circuit denied.

Habeas Corpus Denied No. 987358. In Re Garry Lee Moore, Petitioner; and No. 987445. In Re Charles A. Hill, Petitioner. Petitions for writs of habeas corpus denied.

Mandamus Denied No. 987343. In Re Michael Allen Dunn, Petitioner. Petition for writ of mandamus denied.

Rehearings Denied No. 98425. David Lawrence Solomon, Petitioner v. Florida Bar; No. 98468. Duane Montgomery, Petitioner v. City of Farmington Hills and Farmington Hills Police Department; No. 98519. Barbara Toth, Petitioner v. Frank Toth, et ux., et al.; No. 985214. Albert Hart/Cross, Petitioner v. United States;

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490 MONDAY, JANUARY 25, 1999 No. 985819. James Elbert Dubose, Petitioner v. Charlie Jones, War- den, et al.; No. 986138. Willie Williams, Petitioner v. Mary Francis, et al.; No. 986229. Suzanne M. Searles, Petitioner v. River Mead Condo- minium Association; No. 986390. Jessie Lee Wise, Petitioner v. Michael Bowersox, Superintendent, Potosi Correctional Center; No. 986408. Kenneth V. Hemmerle, Sr., Petitioner v. Harold H. Er- dman, et al.; No. 986436. James C. Segers, Petitioner v. United States; No. 986490. Eugene Carter, II, Petitioner v. Amtrak Corporation; andNo. 986579. Marion L. Lawrence, Petitioner v. Commissioner of Internal Revenue. Petitions for rehearing denied. No. 979568. Kelvin Bowman, Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections, et al.; and No. 985634. Xuan Huynh, Petitioner v. Forte Airport Services, Inc. Motions for leave to file petitions for rehearing denied.

Attorney Discipline

No. D2007. In the Matter of Disbarment of Robert Dishington Monsour. Disbarment order entered. No. D2010. In the Matter of Disbarment of Bruce Charles Bereano. Disbarment order entered. No. D2014. In the Matter of Disbarment of Harvey D. Myerson. Disbarment order entered.

Admissions to the Bar on Written Motions Applicant City and State Movant Dougals Alan Bahr Bismarck, ND Laurie J. Loveland Lara Natalie Baker Columbus, OH Marvin Stuart Romanoff Ellen O. Boardman Washington, DC Sally M. Tedrow William Emil Cassara Evans, GA William S. Little, Sr. Mathew K. M. Chan Sacramento, CA Arnold O'Neill Overoye Michael J. Corbin Rochester, MN Douglas D. McFarland

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MONDAY, JANUARY 25, 1999 491

Applicant City and State Movant Scot R. Courtney Houston, TX Ricky Anthony Raven Matthew B. Cox Dover, NH Donald R. Bryant Stephen Eisdorfer Highland Park, NJ Alan M. Wallack Stephen Godfrey Ekern Hartford, CT Harold M. Levy Bonnie E. Eskenazi Los Angeles, CA Richard E. Posell Jessica L. Goldman Seattle, WA Bruce Edward Humble Johnson David C. Goldstein Skokie, IL Allan Todd Migdal James Clark Gordon Fort Worth, TX Joe Shannon, Jr. Richard Shawn Gunnarson Washington, DC Ronald D. Maines Colin Cloud Hampson Washington, DC William R. Perry Christian Hancock Hartley Charleston, SC Timothy Eugene Eble Audrey J. Henninger Los Angeles, CA Sidney J. Machtinger Margaret Sutherland Winter Park, FL W. Riley Allen Hewitt Eric Glen Hughes Arkadelphia, AR William G. Wright Kerrie Kathleen Kern Fort Worth, TX Samuel Dash Carol Ann Klauschie Los Angeles, CA Michael J. Lightfoot Robert F. Linton Akron, OH Valoria C. Hoover Michele-Lynn Elizabeth Honolulu, HI Melvyn Ming Luke Miyagi Craig C. Martin Chicago, IL Richard T. Franch Jules Edward Mazzarantani Fort Lauderdale, Adalsinda FL Lomangino Lisa Steinmetz Morchower Atlanta, GA David D. Blum James P. Persinger Santa Ana, CA Laurence Milton Watson Andrew James Petersen Tucson, AZ Daryl A. Audilett Candida S. Quinn Washington, DC David Laundon Cleveland Patricia E. Riley Topeka, KS Eugene B. Ralston Lisa Toth Simpson New York, NY Jeffrey A. Conciatori Ashley Christian Specia San Antonio, TX Mario Paul Bordini

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492 MONDAY, JANUARY 25, 1999

Applicant City and State Movant Robert B. Sykes Salt Lake City, Randy L. Dryer UT Ruth Lenor Tkacz Cleveland, OH Richard Joseph Vickers Robert Ukeiley Boulder, CO Jennifer Page Lyman James Wesley Volberding Tyler, TX Donald Ross Paterson William Charles Wagner Indianapolis, IN Sally Franklin Zweig Fern Zelonky Wender Beverly Hills, CA Ronald Allan Rosenfeld Avital Grodzinsky Zemel Washington, DC Carol Ann Cowgill

Opinions

No. 971287. Hughes Aircraft Company, et al., Petitioners v. Stanley I. Jacobson, 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. 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. On writs of

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MONDAY, JANUARY 25, 1999 493 certiorari to the United States Court of Appeals for the Eighth Circuit. July 18, 1997 judgment of the United States Court of Appeals for the Eighth Circuit reversed in part and affirmed in part; and August 22, 1997 judgment of the United States Court of Appeals for the Eighth Circuit reversed in part; and cases 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 Scalia. Opinion by Justice Souter concurring in part and dissenting in part. Opinion by Justice Thomas, with whom The Chief Justice and Justice Breyer join, concurring in part and dissenting in part. Opinion by Jus- tice Breyer concurring in part and dissenting in part. Justice O'Connor took no part in the consideration or decision of these cases. No. 98404. Department of Commerce, et al., Appellants v. United States House of Representatives, et al. On appeal from the United States District Court for the District of Columbia; and No. 98564. William Jefferson Clinton, President of the United States, et al., Appellants v. Matthew Glavin, et al. On appeal from the United States District Court for the Eastern District of Virginia. Judg- ment affirmed in case No. 98564, and appeal dismissed in case No. 98404. Opinion of the Court by Justice O'Connor except as to Part III-B. Opinion by Justice Scalia, with whom Justice Thomas joins, and with whom The Chief Justice and Justice Kennedy join as to Part II, concurring in part. Opinion by Justice Breyer concurring in part and dissenting in part. Dissenting opinion by Justice Stevens, with whom Justice Souter and Justice Ginsburg join as to Parts I and II, and with whom Justice Breyer joins as to Parts II and III. Dissenting opinion by Justice Ginsburg with whom Justice Souter joins.

Adjourned until Monday, February 22, 1999, at 10 o'clock.

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(JOURNAL) FRIDAY, JANUARY 29, 1999 495 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. 98830. Amoco Production Company, etc., Petitioner v. Southern Ute Indian Tribe, et al. Order granting the petition for writ of certio- rari is amended to read as follows: Petition for writ of certiorari granted limited to the following question: "Whether, in reserving to the United States `coal' in lands patented under the 1909 and 1910 Coal Land Acts, 30 U. S. C. Sec. 81, 83-85, while passing the surface land and all other minerals (including natural gas) to the patentee, Congress reserved only the solid rock fuel commonly known as `coal', but not natural gas in coal formations. Brief of petitioner to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, March 5, 1999. Briefs of respondents to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, April 2, 1999. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, April 16, 1999. Rule 29.2 does not apply. Justice Breyer took no part in the consideration or decision of this petition."

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(JOURNAL) MONDAY, FEBRUARY 1, 1999 497 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. 987792. Tony Leslie Fry, Petitioner v. Ronald J. Angelone, Di- rector, Virginia Department of Corrections. Application for stay of exe- cution of sentence of death addressed 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, FEBRUARY 3, 1999 499 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. 987967. Sean Richard Sellers, Petitioner v. Oklahoma Pardon and Parole Board, et al. Application for stay of execution 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.

Certiorari Denied No. 987964. Darick Leonard Gerlaugh, Petitioner v. Terry L. Stew- art, Director, Arizona Department of Correction. 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.

Habeas Corpus Denied No. 987965. In Re Darick Leonard Gerlaugh, Petitioner. Applica- tion 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. Justice Stevens and Justice Breyer would grant the application for stay of execution.

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(JOURNAL) MONDAY, FEBRUARY 8, 1999 501 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. 987466. George Cordova, 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.

Habeas Corpus Denied No. 988042. In Re Jaturun Siripongs, 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.

Certiorari Denied No. 988043. Jaturun Siripongs, Petitioner v. Arthur Calderon, War- den. 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.

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(JOURNAL) THURSDAY, FEBRUARY 11, 1999 503 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. A664. Danny Lee Barber, Petitioner v. Texas Board of Pardons and Paroles, et al. Application for stay of execution of sentence of death presented to Justice Scalia and by him referred to the Court denied.

Certiorari Denied No. 988095. Danny Lee Barber, Petitioner v. Texas Board of Par- dons and Paroles, 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) TUESDAY, FEBRUARY 16, 1999 505 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. 988108. In Re Johnie Michael Cox, 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.

Order in Pending Case No. A685. Andrew Flores Cantu-Tzin, Applicant 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. Justice Breyer took no part in the consideration or decision of this application.

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(JOURNAL) FRIDAY, FEBRUARY 19, 1999 507 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. 988173. Jennie Franklin, et al., as Next Friends for Wilford Lee Berry, Petitioners v. Rodney Francis, Warden. 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 Sixth Circuit denied.

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(JOURNAL) MONDAY, FEBRUARY 22, 1999 509 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. 98413. Legislature of California, et al., Appellants v. United States House of Representatives, et al. Appeal from the United States District Court for the District of Columbia. Appeal dismissed.

Certiorari-Summary Disposition

No. 971519. Federal Communications Commission, et al., Petition- ers v. Iowa Utilities Board, et al.; and No. 971520. AT&T Corp., et al., Petitioners v. Iowa Utilities Board, et al. On petitions for writs of certiorari to the United States Court of Appeals for the Eighth Circuit. Petitions for writs of certiorari granted. Judgment vacated, and cases remanded to the United States Court of Appeals for the Eighth Circuit for further consideration in light of AT&T Corp. v. Iowa Utilities Board, 525 U. S. (1999). Jus- tice O'Connor took no part in the consideration or decision of these cases. No. 98909. Office and Professional Employees International Union, Local 12, Petitioner v. Gary A. Bloom and National Labor Relations Board. On petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit. 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 Marquez v. Screen Actors Guild, 525 U. S. (1998).

Orders In Pending Cases

No. A620. Milberg Weiss Bershad Hynes & Lerach, Applicants v. Lexecon Inc., et al. Application for stay addressed to Justice Souter and referred to the Court denied.

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510 MONDAY, FEBRUARY 22, 1999 No. M41. Barry Dean Bischof, Petitioner v. United States. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M42. Angel Ruiz-Rivera, Petitioner v. Department of Educa- tion, et al. Motion to direct the Clerk to file a petition for writ of certio- rari out-of-time denied. No. 971732. California Public Employees' Retirement System, et al., Petitioners v. Paul Felzen, et al. Motion of respondents for an order respecting costs denied. Justice O'Connor took no part in the consider- ation or decision of this motion. No. 971927. Rodney C. Hanlon, Joel Scrafford, Kris A. McLean, Richard C. Branzell, and Robert Prieksat, Petitioners v. Paul W. Berger, et ux.; and No. 9883. Charles H. Wilson, et ux., et al., Petitioners v. Harry Layne, Deputy United States Marshal, etc., et al. Motion of the parties respecting oral argument granted and time is allotted as follows: 20 minutes for petitioners Hanlon, et al., in No. 971927 and for federal respondents Layne, et al., in No. 9883; 10 minutes for state respond- ents in No. 98-83; 15 minutes for respondents Berger, et ux., in No. 97-1927; and 15 minutes for petitioners Wilson, et al., in No. 9883. No. 9810. Jefferson County, Alabama, Petitioner v. William M. Acker, Jr., Senior Judge, United States District Court, Northern Dis- trict of Alabama, and U. W. Clemon, Judge, United States District Court, Northern District of Alabama. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted. No. 98208. Carole Kolstad, Petitioner v. American Dental Associa- tion. Motion of Rutherford Institute for leave to file a brief as amicus curiae granted. Motion of respondent to permit the Chamber of Com- merce of the United States to participate in oral argument as amicus curiae and for divided argument denied. No. 986510. In Re Vincent F. Rivera, Petitioner. Motion of peti- tioner for reconsideration of order denying leave to proceed in forma pauperis denied. No. 986679. Perry Jay Mace, Petitioner v. Missouri Department of Social Services, Division of Child Support Enforcement. Motion of petitioner for reconsideration of order denying leave to proceed in forma pauperis denied.

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MONDAY, FEBRUARY 22, 1999 511 No. 986713. Perry Jay Mace, Petitioner v. Missouri, et al. Motion of petitioner for reconsideration of order denying leave to proceed in forma pauperis denied. No. 987061. Steven M. Miller, Petitioner v. J & J Drilling, Inc. Mo- tion of petitioner for leave to proceed in forma pauperis denied. Peti- tioner allowed until March 15, 1999, 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. 987264. David H. Coers, Jr., Petitioner v. Texas Guaranteed Student Loan Corporation, et al. Motion of petitioner for leave to pro- ceed in forma pauperis denied. Petitioner allowed until March 15, 1999, 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. 987413. Eleanor Walden, Petitioner v. Brenda Levitt. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner allowed until March 15, 1999, 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. 987425. Shoneen Santesson, Petitioner v. Socrates Peter Ma- noukian, et al. Motion of petitioner for leave to proceed in forma pau- peris denied. Petitioner allowed until March 15, 1999, 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. 986322. Antonio Tonton Slack, Petitioner v. Eldon McDaniel, Warden, et al. Motion of petitioner 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 granted limited to the following ques- tion: If a person's petition for habeas corpus under 28 U.S.C. § 2254 is dismissed for failure to exhaust state remedies and he subsequently exhausts his state remedies and refiles the § 2254 petition, are claims included within that the petition that were not included within his initial § 2254 filing "second or successive" habeas applications?

Certiorari Denied No. 971834. Kenneth Brillinger, et al., Petitioners v. General Elec- tric Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

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512 MONDAY, FEBRUARY 22, 1999 No. 98322. Exxon Corporation and Exxon Chemical Patents, Inc., Petitioners v. Dow Chemical Company. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 98447. Vitek Supply Corporation and Jannes Doppenberg, Peti- tioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 98462. Francis H. Woodward, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 98554. Kenneth W. Lee, Petitioner v. Robert C. Hughes, Jr., and Daniel C. Lanford, Jr. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 98577. Oscar David Gomez-Ochoa, Petitioner v. Janet Reno, Attorney General, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 98598. Maxine B. Cousin, et al., Petitioners 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. 98606. Charles B. Taylor, Petitioner v. Anne Rooney, Acting Principal, South Middle School; and No. 98789. Anne Rooney, Acting Principal, South Middle School, Petitioner v. Charles B. Taylor. Petitions for writs of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 98640. Bertram Roberts, et ux., Petitioners v. Florida Power & Light Company. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 98668. Susan Lynn Roberts, Petitioner v. Charles Timothy Kling. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 98676. Stephanie Hart and Mainers for Medical Rights, Peti- tioners v. Daniel Gwadosky, Secretary of State of Maine. Petition for writ of certiorari to the Supreme Judicial Court of Maine denied. No. 98709. Brenda Shempert and Lynne Gibel, Petitioners v. Har- wick Chemical Corporation and Tom Breckenridge. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 98713. Frontier Pacific Insurance Company, Petitioner v. Fed- eral Trade Commission. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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MONDAY, FEBRUARY 22, 1999 513 No. 98715. Kenneth Jay Wilson, Petitioner v. Lewis Yaklich, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 98719. Sheila Warnock Seus, Petitioner v. John Nuveen & Co., Inc. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied. No. 98720. John Georgopoulos, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 98723. Europe and Overseas Commodity Traders, S.A., Peti- tioner v. Banque Paribas London, et al.; and No. 98923. Banque Paribas London, et al., Petitioners v. Europe and Overseas Commodity Traders, S.A. Petitions for writs of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 98740. NEC Corporation and HNSX Supercomputers, Inc., Petitioners v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 98744. Local 24, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America, Petitioner v. Dennis W. Schoonover; and No. 98773. Consolidated Freightways Corporation of Delaware, Petitioner v. Dennis Schoonover. Petitions for writs of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 98746. Nationwide Mutual Insurance Company, Petitioner v. Insurance Company of North America, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Sixth Circuit denied. No. 98752. Department of Environmental Protection of Florida, Petitioner v. Bouchard Transportation Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 98753. Exxon Chemical Patents, Inc., Petitioner v. Dow Chemi- cal Company. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 98756. Dial Service International, Inc., et al., Petitioners v. Charles D. Kim. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 98758. William A. Fickling, Jr., et al., Petitioners v. Alexis M. Herman, Secretary of Labor; and

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514 MONDAY, FEBRUARY 22, 1999 No. 98762. South Carolina National Bank, Petitioner v. Alexis M. Herman, Secretary of Labor. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 98759. City of Chicago, Petitioner v. Mike Yang. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 98777. City of Southfield, et al., Petitioners v. Roosevelt Reese. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 98794. Estate of Bessie I. Mueller, Deceased, et al., Petitioners v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 98810. Sheldon P. Kottle, Petitioner v. Northwest Kidney Cen- ters. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 98834. Planned Parenthood of the Blue Ridge, et al., Petition- ers v. James L. Camblos, In His Official Capacity as Commonwealth's Attorney, County of Albemarle, etc. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 98839. Adela Najar Vda. de Panta, Individually and as Personal Representative of the Estate of Agustin Panta Pazos, Deceased, et al., Petitioners v. Afram Carriers, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 98851. Reuters Television International, Limited, et al., Peti- tioners v. Los Angeles News Service. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98852. Mija S. Romer and Khem C. Batra, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 98853. Jerry Taylor, et ux., et al., Petitioners v. Quality Hyun- dai, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 98856. Gilbert P. Hyatt, Petitioner v. Gary W. Boone. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 98858. Cowboy Auto Sales, Inc., et al., Petitioners v. Wilson Halwood, Jr., et ux. Petition for writ of certiorari to the Court of Ap- peals of New Mexico denied.

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MONDAY, FEBRUARY 22, 1999 515 No. 98869. Hong Kong and Shanghai Banking Corporation, Lim- ited, Petitioner v. William Neil Simon. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98874. Iskcon Miami, Inc., and Verne Meis, Petitioners v. Met- ropolitan Dade County and Gary Dellapa, Aviation Director, Miami In- ternational Airport. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 98880. Emilio Figueroa, dba The Export Group, Petitioner v. Mexican Coffee Institute. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98885. Nancy G. Pere, Individually and on Behalf of Her Minor Children, Matthew Reed Pere and Marci Danielle Pere, Petitioner v. Nuovo Pignone S. p. A. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 98889. Washington Physicians Service Association, et al., Peti- tioners v. Christine 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. 98893. John Zaruba, Sheriff, DuPage County, etc., Petitioner v. June Franklin, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 98898. Jackie Smith, Individually and on Behalf of All Benefi- ciaries of Bernard Allen, Deceased, Petitioner v. American Isuzu Mo- tors, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 98905. Sadanand Singh, et al., Petitioners v. Pan American World Airways, Inc., et al.; and No. 98907. Ajay Patel, et al., Petitioners v. Pan American World Airways, Inc., et al. Petitions for writs of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 98921. Cynthia F. Nordstrom, Petitioner v. Peter J. Nordstrom. Petition for writ of certiorari to the Court of Appeals of Texas, First District, denied. No. 98924. Lesley Gay Blackner, etc., Petitioner v. Continental Air- lines, Inc. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. No. 98928. Nicole's, Inc., dba Wharton Automation Associates, and Elliot Cook, Petitioners v. Pyramid Technology Corporation, Inc. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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516 MONDAY, FEBRUARY 22, 1999 No. 98929. Richard D. White, Petitioner v. Kentucky. Petition for writ of certiorari to the Court of Appeals of Kentucky denied. No. 98930. Scott Logan Gollaher, Petitioner v. Utah. Petition for writ of certiorari to the Court of Appeals of Utah denied. No. 98934. Obiora E. Egbuna, Petitioner v. Time-Life Libraries, Inc. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. No. 98935. In Re Thomas H. Johnson, III, Petitioner. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 98939. David Keene Leavitt, Anne Gilmore Conaty, Eleanor Wolfe Conaty, Thomas J. Conaty, and Brian P. Conaty, Petitioners v. John Woodruff Kessel. Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied. No. 98940. Levene & Eisenberg, Petitioner v. Gold Coast Asset Acquisition, L. P. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98941. Crescent Towing & Salvage Co., Inc., et al., Petitioners v. Ormet Primary Aluminum Corporation, et al. Petition for writ of certiorari to the Supreme Court of Louisiana denied. No. 98943. Chester Hollman, Petitioner v. Harry E. Wilson, II, Superintendent, Retreat Correctional Institution, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 98949. Arthur Duran, Petitioner v. CNO, Inc. Petition for writ of certiorari to the Court of Appeals of New Mexico denied. No. 98951. Kendall H. Breedlove, Petitioner v. Sky Bryce Associa- tion, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 98952. Kenneth R. Gibson, Petitioner v. Kentucky. Petition for writ of certiorari to the Court of Appeals of Kentucky denied. No. 98954. Leona R. Anderson, Petitioner v. Imperial Center V., L.P., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98962. Earlene Polyak, Petitioner v. Kenneth H. Sooker, et al. Petition for writ of certiorari to the District Court of Appeal of Flor- ida, Fourth District, denied.

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MONDAY, FEBRUARY 22, 1999 517 No. 98964. Dilawar M. Edwards, Petitioner v. California University of Pennsylvania, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 98965. Carl Foxworth, Petitioner v. Bud Richardson, Marion County Sheriff, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 98967. Paul Sparks, Petitioner v. Mattox & Mattox. Petition for writ of certiorari to the Court of Appeals of Indiana, First District, denied. No. 98969. Harmonic Design, Inc., et al., Petitioners v. Hunter Douglas, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 98971. Louise B. Trull, Petitioner v. Ezra E. Trull, et al. Peti- tion for writ of certiorari to the Appellate Court of Illinois, Second District, denied. No. 98974. Kenneth R. Fox, Petitioner v. Wendy R. Fox. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied. No. 98975. Joseph J. Lavodie, Successor Director-Trustee for 3011 Corporation, ta U. S. Books, et al., Petitioners v. Joseph I. Cassilly, Individually, and as States Attorney, Harford County, Maryland, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 98976. Humberto Julio Lopez, Petitioner v. Immigration and Naturalization Service. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 98982. Gloria J. Thompkins, Petitioner v. Quincy's Restaurant, Inc. Petition for writ of certiorari to the Court of Civil Appeals of Alabama denied. No. 98988. Robert N. C. Nix, Jr., Chief Justice (Retired), Supreme Court of Pennsylvania, et al., Petitioners v. Rolf Larsen. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 98991. J. Christopher Tarantino, Petitioner v. Darr D. Pierce, Individually and in His Capacity as a City of Dallas Fireman. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 98995. Harry Robisheaux, Petitioner v. Memorial City Regional Mall. Petition for writ of certiorari to the Court of Appeals of Texas, First District, denied.

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518 MONDAY, FEBRUARY 22, 1999 No. 98998. Charles Seaborn and Robert Harris, Petitioners v. Flor- ida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 981001. William Roden, aka William E. Roden, aka William Edward Roden, Petitioner v. Mississippi. Petition for writ of certiorari to the Court of Appeals Mississippi denied. No. 981002. David Isador Port, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 981004. Olga H. Garau, Petitioner v. James K. Hahn, Thomas C. Hokinson, and City of Los Angeles. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 981005. Angelo Rodriguez, Petitioner v. City of Chicago. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 981009. David L. Smith, Petitioner v. Supreme Court of the United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 981010. Dilip K. Paul, Petitioner v. PB-KBB, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 981012. Gerard Joseph Hess, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Fourth District, denied. No. 981013. Raizy Levitin, et al., Petitioners v. PaineWebber, Inc.; and Louis G. Bissell, Jr., Petitioner v. Merrill Lynch & Company, Inc., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied. No. 981014. Airbus Industrie, et al., Petitioners v. Laura Howell Linton, et al. Petition for writ of certiorari to the Court of Appeals of Texas, Fourteenth District, denied. No. 981016. David B., et al., Petitioners v. Jess McDonald, Director, Illinois Department of Children and Family Services, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 981019. Gul Jaisinghani, Petitioner v. Capital Cities/ABC, Inc., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

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MONDAY, FEBRUARY 22, 1999 519 No. 981021. Ronald Heckman, Petitioner v. UGI Utilities, Inc. Peti- tion for writ of certiorari to the Superior Court of Pennsylvania, Phila- delphia Office, denied. No. 981023. Scott Thomas Phelps, Petitioner v. Minnesota. Petition for writ of certiorari to the Court of Appeals of Minnesota denied. No. 981027. Wings, aka L & L Wings, Inc., Petitioner v. Two's Company. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 981029. Darrell Spencer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 981030. Ron Russell, et al., Petitioners v. Troy Burris, Chair- person, Arkansas Ethics Commission, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Eighth Circuit denied. No. 981031. Susan D. Bieri, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 981032. Chi-Ming Chow, Petitioner v. Michigan, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 981038. Rolf Larsen, Petitioner v. Roy C. Afflerbach, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 981040. Arkansas Right to Life State Political Action Commit- tee, et al., Petitioners v. Brad Butler, State Attorney, Benton County, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied. No. 981043. David S. Colvin, Petitioner v. National Automotive Parts Association, et al. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 981050. Theresa Battle, Petitioner v. District Court of Appeal of Florida, Fifth District, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 981053. Catherine P. Dorsey, Petitioner v. Lehman Brothers Holdings, et al. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied.

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520 MONDAY, FEBRUARY 22, 1999 No. 981060. Orange County, Petitioner v. Edward A. Myers. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 981067. Tom U. Choe, Petitioner v. Jerry Gilmore, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 981073. Frank P. Hernandez, Petitioner v. Mark Lockridge, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 981075. Adam N. Stillo, Petitioner v. William Hedrick and Cyn- thia Giacchetti. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 981078. Margie J. Phelps, Petitioner v. Kansas. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Cir- cuit denied. No. 981080. Vlasic Foods International, Inc., Petitioner v. Irma D. DeForest, Executrix of the Estate of Jim Zender, etc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Cir- cuit denied. No. 981081. Zena D. Crenshaw, Petitioner v. Disciplinary Commis- sion of the Supreme Court of Indiana. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 981083. David Olson and Warren Lee Underwood, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981084. R. J. Corman Railroad Corporation, Petitioner v. Louis- ville Gas and Electric Company. Petition for writ of certiorari to the Court of Appeals of Kentucky denied. No. 981087. Andrea J. Ferrara, Petitioner v. Michigan Judicial Ten- ure Commission. Petition for writ of certiorari to the Supreme Court of Michigan denied. No. 981095. LaSalle National Bank, et al., Petitioners v. Teachers Insurance and Annuity Association of America. Petition for writ of certiorari to the Appellate Court of Illinois, Second District, denied. No. 981096. Cenex, Inc., fka Farmers Union Central Exchange, Inc., etc., 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, FEBRUARY 22, 1999 521 No. 981100. Kerney Flowers, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 981102. Judy M. DeBose, Petitioner v. Secretary of the Army. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 981105. Thomas Giesberg, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 981107. Nathaniel Salery, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 981118. Thomas Testa, Petitioner v. Richard B. Gramley, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. No. 981129. Diane Sank, Petitioner v. New Jersey, et al. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. No. 981132. Vyacheslav Kirillovich Ivankov, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 981134. Ivan A. Rodriguez, Petitioner v. William M. Daley, Sec- retary of Commerce. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 981142. Robert John Van Zandt, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 981144. Rocky Mountain Radar, Inc., Petitioner v. Federal Communications Commission. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 981158. Lorenzo Jelks, 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. 981168. Matthew Brozyna, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 981171. Darnell Garcia, 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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522 MONDAY, FEBRUARY 22, 1999 No. 981175. Johnny Daccarett-Ghia, et ux., et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 981177. Paul B. Heilbrunn, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 981187. Justo Enrique Jay, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 981188. Joseph Vito Fazio and Lee James Jensen, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 981196. Henry Green, Petitioner v. Sandra Barringer Mortham, Secretary of State of Florida. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 981202. Gwendolyn Portwood, et al., Petitioners v. Ford Motor Company. Petition for writ of certiorari to the Supreme Court of Illi- nois denied. No. 985867. Alan Matheney, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied. No. 985995. Humberto Leal, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 986122. Jackie Nathaniel Jackson, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 986314. Michael Stephens, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986358. 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. 986403. Joseph P. Moses, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 986458. LaRoyce Lathair Smith, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 986463. Paul Richard Colella, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.

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MONDAY, FEBRUARY 22, 1999 523 No. 986594. Roland Felix Eyoum, Petitioner v. Nancy Hooks, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986618. Carol A. Sansone, Petitioner v. MCI Telecommunica- tions. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. No. 986638. Michael Robert O'Rourke, 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. 986667. Willie R. Latimore, Petitioner v. Luis Spencer, Super- intendent, Massachusetts Correctional Institution, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 986696. Santos Acevedo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986700. Alvaro Calambro, by and through Lydia Calambro, as next friend of Alvaro Calambro, Petitioner v. John Ignacio, Warden, et al. Petition for writ of certiorari to the Supreme Court of Nevada denied. No. 986714. Robert Excell 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. 986715. Reginald White, Petitioner v. United States; and No. 986849. Errol Sawyer, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986903. Timothy C. Davis, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied. No. 986923. Rochelle Ardall Crowder, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 986950. Donald Ray Millwee, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. No. 987010. John Dennis Snavely, Petitioner v. City of Palo Alto. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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524 MONDAY, FEBRUARY 22, 1999 No. 987031. Maxime Gedeon, Petitioner v. Host Marriott Corpora- tion, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987033. Olga J. Negron-Gaztambide, Petitioner v. Zaida Hernandez-Torres, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 987035. Ricky George, Petitioner v. South Carolina. Petition for writ of certiorari to the Supreme Court of South Carolina denied. No. 987040. Leslie William Morgan, Petitioner v. Michael Coker, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987045. Arthur Martin Boyd, Jr., Petitioner v. James B. French, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987048. Dennis Alan Shackelford, Petitioner v. Ron Champion, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 987049. Donald Patterson, Petitioner v. Jeff Endicott, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 987056. Larry Vernon Wright, 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. 987057. Elijah Thomas, aka Allah Quddoos Allah, Petitioner v. Johnny Sikes, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 987058. Ryan D. L., Petitioner v. Wisconsin. Petition for writ of certiorari to the Supreme Court of Wisconsin denied. No. 987064. Linda Marie Jacobson, Petitioner v. Oregon. Petition for writ of certiorari to the Court of Appeals of Oregon denied. No. 987065. Marty Lynn Campbell, 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. 987066. Larry Dean Maples, 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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MONDAY, FEBRUARY 22, 1999 525 No. 987068. Samuel Johnson, Petitioner v. Maryland. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied. No. 987070. Charles A. Butler, Petitioner v. David G. Mills, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987075. Jay Todd Neese, 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. 987078. James Earl Reed, Petitioner v. South Carolina. Petition for writ of certiorari to the Supreme Court of South Carolina denied. No. 987079. Rebecca Carley, Petitioner v. Michael Carley. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 987081. Anthony P. Inman, Petitioner v. Washington. Petition for writ of certiorari to the Court of Appeals of Washington, Division 3, denied. No. 987083. David E. Jirovec, Petitioner v. Tana Wood, Superin- tendent, Washington State Penitentiary, et al. Petition for writ of cer- tiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987090. Roberto Hernandez, Petitioner v. Robert L. Ayers, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987092. R. L. Homer, Jr., Petitioner v. David Edgeworth, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987099. Johnnie D. Rush, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 987103. Charles W. Clarke, Petitioner v. Richard L. Stalder, Secretary, Louisiana Department of Public Safety and Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987104. Alvin Parker, Petitioner v. Ron Champion, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 987106. Daries Sherrills, Petitioner v. Sergeant Pennington, et al. Petition for writ of certiorari to the Court of Appeals of Ohio, Franklin County, denied.

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526 MONDAY, FEBRUARY 22, 1999 No. 987107. Jeffrey A. Rosenberg, Petitioner v. Joel B. Rosenberg. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 987108. Robert A. Bookless, Petitioner v. David R. McKune, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 987109. John F. Desmond, Petitioner v. Massachusetts Bay Transportation Authority, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 987111. Eric Hines, Petitioner v. Henry D. Alford, Superintend- ent, Gulf Correctional Institution. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 987115. Leon Hurd, Petitioner v. John Keane, Superintendent, Sing Sing Correctional Facility, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 987120. David M. Fink, 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. 987124. Bruce W. Haupt, Petitioner v. Dravillas Real Estate, et al. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 987144. Donald H. Brancato, Petitioner v. Missouri, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 987146. Ezree Crowley, 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. 987148. Joel Brown, Petitioner v. Cal Terhune, Director, Cali- fornia Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987153. Melvin Johnson, Petitioner v. Louisiana. Petition for writ of certiorari to the Court of Appeal of Louisiana, Fourth Circuit, denied. No. 987154. Cheryl Kendrick, Petitioner v. City of Eureka, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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MONDAY, FEBRUARY 22, 1999 527 No. 987156. Samson Omosefunmi, Petitioner v. Service Processing Center, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 987165. Lloyd E. Boddie, Petitioner v. David Carpenter, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 987169. Jacqueline Carr, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. No. 987171. Aziz Safouane, et ux., Petitioners v. Department of Social and Health Services for the State of Washington. Petition for writ of certiorari to the Court of Appeals of Washington, Division 1, denied. No. 987172. Clarence Allen Rigsby, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fifth Appel- late District, denied. No. 987173. Thomas Gil Stewart, Petitioner v. City of Mesquite, Texas, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987174. David Scott Johnson, Petitioner v. Louisiana. Petition for writ of certiorari to the Court of Appeal of Louisiana, Fourth Cir- cuit, denied. No. 987178. Martin J. Kipp, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. No. 987179. Muhammad Waliyullah Karim Abdul Qadir, Petitioner v. South Carolina, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987180. Cecil Ray Patterson, Petitioner v. United States Dis- trict Court for the Eastern District of Texas. Petition for writ of certio- rari to the United States Court of Appeals for the Fifth Circuit denied. No. 987184. Eugene Frank Tamme, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied. No. 987188. Richmond Brown Taylor, Petitioner v. Andrew Jack- son, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987189. Robert Tedder, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied. No. 987190. Lewis D. Triplett, Petitioner v. Gary L. Johnson, Direc- tor, Texas Department of Criminal Justice, Institutional Division. Peti-

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528 MONDAY, FEBRUARY 22, 1999 tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987191. Amanda Edmond, Petitioner v. Circuit Court of Ala- bama, Escambia County. Petition for writ of certiorari to the Supreme Court of Alabama denied. No. 987198. Najee Diaab, Petitioner v. Jim Wharton. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 987199. Jesse Lee Coddington, Petitioner v. Martin Makel, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987200. Dwayne Anderson, Petitioner v. Regional Medical Cen- ter at Memphis, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987201. Billy V. Bewley, Petitioner v. City of Duncan, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 987202. Thomas Sosa, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 987204. Joshua Shabazz, Petitioner v. Gary Lindsey, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 987210. Robert E. Prunty, Petitioner v. Ohio. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Cir- cuit denied. No. 987211. Jesus Alberto Cabal, Petitioner v. Tetraplastics, Inc., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied. No. 987212. Lamar Patton, 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. 987214. Donald Robin Barren, Petitioner v. Tom Harrington, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 987215. James Arnett, Petitioner v. Craig Hanks, Superintend- ent, Wabash Valley Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

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MONDAY, FEBRUARY 22, 1999 529 No. 987216. Samir Ismail, Petitioner v. Carole Shiplevy, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987217. Terrence R. Bridgeforth, Petitioner v. Larry Fields, Director, Oklahoma Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Cir- cuit denied. No. 987218. Gene E. Bonds, Jr., Petitioner v. Ashley Koontz, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 987228. Anthony M. Esparza, Petitioner v. Benny Rollins, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987230. Corwin Anthony Contursi, Petitioner v. Civil Service Commission, et al. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. No. 987232. William Byron Leonard, Petitioner v. Nevada. Petition for writ of certiorari to the Supreme Court of Nevada denied. No. 987234. Gary Lefkowitz, Petitioner v. Citi-Equity Group, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 987235. Brett A. McClaskie, Petitioner v. West Virginia. Peti- tion for writ of certiorari to the Circuit Court of West Virginia, Ka- nawha County, denied. No. 987240. William Kanjorski, Petitioner v. City of Satellite Beach, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. No. 987241. Roger L. Lyle, Petitioner v. Pattie L. Smith, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987242. Santino Walker, Petitioner v. Missouri. Petition for writ of certiorari to the Court of Appeals of Missouri, Eastern Dis- trict, denied. No. 987243. Ronald Williams, Petitioner v. James P. McFadden, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987244. Rodney Varnadore, Petitioner v. Mack Jarvis, Secre- tary, North Carolina Department of Correction. Petition for writ of

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530 MONDAY, FEBRUARY 22, 1999 certiorari to the United States Court of Appeals for the Fourth Cir- cuit denied. No. 987255. Bernard Ray Richardson, Petitioner v. L. M. Saunders, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. No. 987258. Terry Glen Nichols, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Twelfth District, denied. No. 987260. Robert Mason, Petitioner v. New York State Depart- ment of Correctional Services. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 987265. Elijah Charles Anderson, Petitioner v. Tim LeMaster, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 987266. William T. Chase, Petitioner v. Michele T. Moyer. Peti- tion for writ of certiorari to the Supreme Court of Delaware denied. No. 987267. Donald H. Brancato, Petitioner v. St. Louis Community College at Florissant Valley, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 987269. Angel A. Suniga, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appel- late District, denied. No. 987274. Roberto Chaidez, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. No. 987276. Dale J. Burke, Petitioner v. North Dakota. Petition for writ of certiorari to the Supreme Court of North Dakota denied. No. 987278. Roosevelt C. Bentley, Petitioner v. Charles J. Scully, Superintendent, Green Haven Correctional Facility, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 987283. Larry Darnell Williams, Petitioner v. James B. French, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987284. Eddie Thomas, Sr., Petitioner v. Steve Hargett, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied. No. 987285. Glenn Verser, Petitioner v. Keith O. Nelson. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

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MONDAY, FEBRUARY 22, 1999 531 No. 987286. Eric A. Brice, Petitioner v. Virginia Beach Correctional Center, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987287. David Alfred Baker, Jr., Petitioner v. Oklahoma. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Okla- homa denied. No. 987288. John Douglas Alexander, 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. 987292. Chester Patterson, Petitioner v. Michigan Department of Corrections, et al. Petition for writ of certiorari to the Court of Appeals of Michigan denied. No. 987294. John William Simms, Petitioner v. Frank Sizer, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. No. 987296. James Smith, Petitioner v. Charlie Jones, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987298. Andree L. Smith, Petitioner v. Robert F. Barry, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987300. W. Foster Sellers, Petitioner v. D. D. Sanders, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. No. 987301. Lad Dwight Peete, 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. 987302. Herman Rios, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Armed Forces denied. No. 987303. Lamonz Santos, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadelphia Office, denied. No. 987304. Maurice McChell Poole, 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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532 MONDAY, FEBRUARY 22, 1999 No. 987308. Frank Williams, Petitioner v. USX Corporation. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 987309. James Williams, Petitioner v. Court of Criminal Ap- peals of Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 987312. Gerald Wayne Butler, 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. 987313. William Andrew Clark, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 987314. Willie Morris McBride, Petitioner v. C. T. Nulty, Super- intendent, Cold Springs Correctional Facility. Petition for writ of cer- tiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987316. Jibril L. Ibrahim, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 987319. Joe Donald Mangrum, Petitioner v. Jill Marshall. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 987321. Bobby L. Brown, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Second Dis- trict, denied. No. 987325. Allen Ray Auten, Petitioner v. James H. Gomez, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 987328. Gerald R. Armstrong, 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. 987329. James M. Davis, Petitioner v. Bethlehem Steel Corpo- ration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 987331. Darrin Rand Hutchinson, Petitioner v. Washington. Pe- tition for writ of certiorari to the Supreme Court of Washington denied.

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MONDAY, FEBRUARY 22, 1999 533 No. 987333. Marie Therese Assa'ad Faltas, Petitioner v. The State Newspaper, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987336. Aaron Derrick Garrett, Petitioner v. Earl Beshears, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987344. Gordon Frierson Goldsby, Jr., Petitioner v. Larry Row- ley, Superintendent, Northeast Correctional Center. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 987346. Brian Hogan, Petitioner v. Mike Nobles, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987347. Larry Hamilton, Petitioner v. Workers' Compensation Appeals Board, et al. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. No. 987348. Matte E. Phillips, Petitioner v. Harold E. Carter, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 987355. Guillermo Scantleberry-Frank, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 987356. Bobby Joe Rose, Petitioner v. David S. Cook, Director, Oregon Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987359. Eugene H. Mathison, et ux., Petitioners v. Minnehaha County, South Dakota, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 987360. Carl Thompson, Petitioner v. Patrick Keohane, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987361. John Tsuha, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 987362. Ricky Wilson, Petitioner v. Ohio. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

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534 MONDAY, FEBRUARY 22, 1999 No. 987363. Marcellino Montenegro, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 987365. John E. Wolfgram and Dixianne Hawks, Petitioners v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987366. Michael Glenn Williams, 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. 987367. Lisa A. Yrdanoff, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Fifth District, denied. No. 987369. Frank Skorniak, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 987371. Michael Lops, Petitioner v. Christine Lops. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 987373. Wilborn Jack Whitlatch, Petitioner v. Pennsylvania De- partment of Transportation, Bureau of Driver Licensing. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Western Dis- trict, denied. No. 987377. Kenneth O. Pollard, Jr., Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Ap- peals denied. No. 987381. Harold Shaw, Petitioner v. William R. Davis, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. No. 987383. Paul Sheldon Cromartie, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 987387. Manuel Pina Babbitt, Petitioner v. Arthur Calderon, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987388. Anthony Braden Bryan, 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.

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MONDAY, FEBRUARY 22, 1999 535 No. 987394. Robert Hermanek, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987397. Lawrence Genoa, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987400. Joseph Dion Hill, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987402. Jose Antonio Estevez, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 987405. Willie Proby, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987407. Ruben Sandoval, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987408. Jorge Gonzalez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 987409. Arnoldo Vargas Estrada, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 987412. Roberto Navarro Torres, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. No. 987414. Gary David Truett, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 987416. Richard N. Urias, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987417. Raymond Williams, Petitioner v. Andrew Cuomo, Sec- retary of Housing and Urban Development. Petition for writ of certio- rari to the United States Court of Appeals for the Seventh Circuit denied.

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536 MONDAY, FEBRUARY 22, 1999 No. 987421. Salvador Valencia-Ayala, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 987423. Theodis Craft, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987424. Angela Beltran, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 987426. Phillip Henriques, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987428. John T. Hunter, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 987429. Percy Dillon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 987431. John Riley Gardner, 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. 987432. 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. 987433. Daniel Joseph Feist, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987434. Anthony Hayes, Petitioner v. Ricky Bell, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987436. Darryl Ryan, Petitioner v. Martin L. Dragovich, Super- intendent, State Correctional Institution at Mahanoy, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 987439. Anthony Piccolo, 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, FEBRUARY 22, 1999 537 No. 987440. Eric Hill, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 987441. Nathan Gillis, Petitioner v. Jeffrey Endicott, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 987446. Darnell Hines, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 987447. Jacqueline Dennis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 987448. John Hurney, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 987457. Joe B. Ramon, Petitioner v. City of Houston, Texas, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987458. Charles E. Shepherd, Petitioner v. Charles O. Rossotti, Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 987461. Eugene Russell, Petitioner v. John J. Armstrong, Com- missioner, Connecticut Department of Correction. Petition for writ of certiorari to the Appellate Court of Connecticut denied. No. 987464. Kevin L. Perry, Petitioner v. County of San Diego, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987467. Manuel Ventura-Candelario, aka Manuel Guiterez, Peti- tioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 987470. Robert Chestnut, Petitioner v. Maine. Petition for writ of certiorari to the Supreme Judicial Court of Maine denied. No. 987471. David Barnett, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. No. 987478. Frank Martines, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 987480. Darren Willie Jones, 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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538 MONDAY, FEBRUARY 22, 1999 No. 987482. John Joseph Miotke, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987483. Aaron Morel LeBaron, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987484. Michael S. Nelson, 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. 987485. Dennis R. Means, Petitioner v. Henry Alexander, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 987488. Ronnie Ray Jackson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987489. William Clyde Lowe, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987492. John Wright, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987493. Mauricio Criales, Petitioner v. American Airlines, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 987494. Gary M. Milligan, Thomas W. Smith, and Paul J. Beb- ber, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987495. David Charles Lindahl, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987496. Violet M. Marsh, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987498. Armand D. Moore, 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 22, 1999 539 No. 987499. Kevin A. Moore, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 987502. Johney Pham, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 987503. Gary Lee Snowden, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987504. Anthony Sancho, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 987507. Dion Ansara Adams, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987512. James H. Higgason, Jr., Petitioner v. Craig A. Hanks, Superintendent, Wabash Valley Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 987513. Tyrone Devoil-El, Petitioner v. David Dormire, 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. 987516. Roy Glover, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 987517. Ricky Donnell Harris, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987519. Larry E. Huddleston, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 987520. Aldalberto Roman, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 987523. Edwin Rodriguez, 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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540 MONDAY, FEBRUARY 22, 1999 No. 987525. Osmond O'Neil Christie, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987527. Darnell Crookshank, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987530. John Charles Allen, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 987531. Oscar Kevin Bonds, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987536. Gerald Jarrett, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 987537. Andre Edwin Allen, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987539. Conrad J. Braun, Petitioner v. Department of Justice, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied. No. 987543. Roger Andrew Talk, aka Roderick Talk, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 987544. Donnie Ontario Chambers, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987545. Linda Lee Byrnes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987552. 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. 987554. Earlene Lofton, Petitioner v. J. Brian Atwood. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 987556. Joseph V. Libretti, 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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MONDAY, FEBRUARY 22, 1999 541 No. 987558. Ricky G. Moreno, 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. 987560. Timothy Leon Morris, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 987563. Vincent A. Golden, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 987564. Ernest Martinez Garcia, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987566. Gerald Gotsch, Petitioner v. New Hampshire. Petition for writ of certiorari to the Supreme Court of New Hampshire denied. No. 987568. Reginaldo Huerta, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987569. Julius William Hill, Jr., aka Butch Hill, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987570. Steven Griggs, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 987572. Felix Boadu, Petitioner v. Immigration and Naturaliza- tion Service. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987574. William Robert Brown, 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 Tenth Circuit denied. No. 987575. Keith Russell Judd, Petitioner v. United States; and Keith Russell Judd, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987576. Joseph Melbert, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987582. Thomas Johnson, Petitioner v. Frank D. Gillis, Superin- tendent, State Correctional Institution at Coal Township, et al. Peti-

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542 MONDAY, FEBRUARY 22, 1999 tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 987585. Abdil Curet-Casellas, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 987586. Dean G. Chambers, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 987587. Charles Alexander, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 987588. Leroy Delmar Milton and Jeffrey Sean Mitchell, Peti- tioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 987590. A. C. Jackson, Petitioner v. Jeremiah W. Nixon, Attor- ney General of Missouri, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 987592. Isidro M. Lopez, 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. 987595. Wayne L. McQueen, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987599. Don Anthony Wenburg, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 987600. Gerald Stephen Kinnison, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987601. Rogelio Samaniego Loreto, Petitioner v. Mel Thomas, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987602. Robert Leroy Nance, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987603. Michael Edward Mills, 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 22, 1999 543 No. 987608. Victor J. Bravo, Petitioner v. Department of Veterans Affairs, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987613. Roy Ramsey, 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. 987614. Ignazio Lena, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 987624. Ronald James, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987625. Larry Donnell Bogard, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987627. Randy Lamar Black, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 987629. Raul Padilla-Mendoza, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987630. Arnold Edward Robertson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987631. Eric Sherrod, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987632. Ernest Waddell Slater, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 987633. Christian R. Key, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987639. Larry Thomas Young, Petitioner v. James Bowlen, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987655. Edward L. McDaniel, 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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544 MONDAY, FEBRUARY 22, 1999 No. 987657. Sonia Erlach, 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. 987663. Larry Zane Short, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987664. Mickey Valcue Polk, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987665. Rudolfo Santoyo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 987666. Albert Palomo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987669. Phouc H. Nguyen, aka Jimmy Nguyen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 987670. Savely Petreykov and William Pikulin, Petitioners v. Eliot L. Spitzer, Attorney General of New York, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 987671. Robert Lyle Thorpe, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987672. Luzmila Torres, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987676. Gary Joseph Bindley, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 987677. Jorge Domingo Bendek, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 987681. Enoc C. Aguilera, Petitioner v. Richard H. Weare, Clerk, United States District Court for the District of Arizona, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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MONDAY, FEBRUARY 22, 1999 545 No. 987683. Enyinne Eunice Emuchay, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 987684. Lynn Guzey, Petitioner v. Law Offices of Howard A. Kapp. Petition for writ of certiorari to the Court of Appeal of Califor- nia, Second Appellate District, denied. No. 987685. Jose Manuel Garcia, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987691. Robert Eugene Fedd, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987705. Santos Siller, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987706. Manuel Richiez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987707. Juan Antonio Payan-Apodaca, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987708. Richard Powell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 987709. Martin D. Perry, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 987711. James C. Linsmeier, Petitioner v. Togo D. West, Jr., Secretary of Veterans Affairs. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987712. Sam Edward Jones, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987713. Francis Alexander, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 987714. Richard Warren Carroll, 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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546 MONDAY, FEBRUARY 22, 1999 No. 987718. William I. Nerlich, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 987720. Ronald Robinson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 987721. Maurice Sewell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 987724. Darryeon Andrew Taylor, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 987725. Woodrow Tarrant, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987728. Richard Harold Stoddard, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987729. Wendell Elliot Ricco, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987730. Nira Schwartz, Petitioner v. Emhart Glass Machinery, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 987733. Steven D. Loos and Lorna Jo Taylor Loos, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 987737. Kimmy Lee Woodard, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 987741. Roger Sanchez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987743. Rufus James Ervin, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. No. 987744. Fernando Dwane Davis, Darnell Hines, Paris Wilson, Carlos Lamont Cleveland, DeShaun Raffles Murphy, and Gerald Jar- rett, Petitioners 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, FEBRUARY 22, 1999 547 No. 987745. Ross Hull, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Cir- cuit denied. No. 987746. Alfonso Fuentes-Diaz, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987747. Jose Escobar-Orejuela, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 987750. Robert Dale Gray, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 987752. Mauricio Gutierrez, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987753. Marvin Bailey, Petitioner v. United States; and No. 987765. Kareem B. Woods, aka J. J., Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987754. Marvin W. Lewis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987755. G. Warren Lawson, Petitioner v. Kenneth W. Kirschner. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 987756. Douglas Nyhuis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987758. Demetrius Brown, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 987759. Larry Barton, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 987770. Michael Antonelli, Petitioner v. John M. Hurley, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. No. 987772. Eugene Simmons, 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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548 MONDAY, FEBRUARY 22, 1999 No. 987774. Michael K. Poland, 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. 987775. 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. 987777. Durencess Marshall, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987783. Abdul-Aziz Rashid Muhammad, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987784. William Heber Lebaron and Douglas Lee Barlow, aka Henry Gibbons, Petitioners v. United States. Petition for writ of certio- rari to the United States Court of Appeals for the Fifth Circuit denied. No. 987785. Edward Anthony Langford, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 987787. Yaphet K. Jamal, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 987788. Donnell Martin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987789. Timothy J. Maggard, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 987793. Jose Guadalupe Altamirano, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 987794. Edward E. Allen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987797. Lawrence A. Calloway, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987804. John Woods, 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, FEBRUARY 22, 1999 549 No. 987806. Kathleen Tobin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 987808. Fletcher Word, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987810. Mario H. Lloyd, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 987816. Brett C. Kimberlin, Petitioner v. United States Parole Commission. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987821. Charles Marzano, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 987824. Barry Nicholson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 987826. Robert Eugene Watson, Petitioner v. Sewall B. Smith, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 98682. Bouchard Transportation Company, Inc., et al., Petition- ers v. United States, et al. Motion of Maritime Law Association of the United States for leave to file a brief as amicus curiae granted. Motion of American Waterways Operators 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. 98873. John Crane, Incorporated, Petitioner v. John Abate, et al. Motion of National Association of Manufacturers, et al., for leave to file a brief as amici curiae granted. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied. No. 98918. Puerto Rico Marine Management, Inc., et al., Petitioners v. Paul Hooper. Application for stay addressed to Justice O'Connor and referred to the Court denied. Petition for writ of certiorari to the Court of Appeal of Louisiana, Fourth Circuit, denied. No. 98947. AT&T Wireless Services, et al., Petitioners v. Coryelle Tenore, et al. Motion of Cellular Telecommunications Industry Associa- tion for leave to file a brief as amicus curiae granted. Petition for writ of certiorari to the Supreme Court of Washington denied. Justice

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550 MONDAY, FEBRUARY 22, 1999 O'Connor took no part in the consideration or decision of this motion and this petition. No. 98960. Deborah H. Cobb, Petitioner v. E. I. duPont de Nemours and Company, 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. No. 981003. Gerald Girres, et ux., et al., Petitioners v. Clarence Bormann, et ux., et al. Motion of National Pork Producers Council, et al., for leave to file a brief as amici curiae granted. Petition for writ of certiorari to the Supreme Court of Iowa denied. Justice Stevens took no part in the consideration or decision of this motion and this petition. No. 987222. Donald LeRoy Evans, Petitioner v. Mississippi. On pe- tition for writ of certiorari to the Supreme Court of Mississippi. Peti- tion for writ of certiorari to the Supreme Court of Mississippi dismissed. Habeas Corpus Denied No. 987529. In Re Taalibdin Abdul Al-Amin, Petitioner; No. 987643. In Re Amin Rashid, Petitioner; No. 987780. In Re Willard Lintz, Petitioner; No. 987807. In Re Freddie Louis Brewer, Petitioner; No. 987922. In Re Wilbert Guice, Petitioner; and No. 987927. In Re Lonnie Griffin, Petitioner. Petitions for writs of habeas corpus denied. Mandamus Denied No. 987101. In Re Hector Ruiz, Petitioner; No. 987161. In Re David K. Lewis, Petitioner; No. 987208. In Re Charles Edward Bonner, Petitioner; No. 987233. In Re Joyce Little, Petitioner; and No. 987256. In Re Sandra Kay Rice, Petitioner. Petitions for writs of mandamus denied. No. 981088. In Re Eileen Vey, Petitioner; No. 987151. In Re Clement Mosseri, Petitioner; No. 987166. In Re Jim Henry Ball, Jr., Petitioner; and No. 987168. In Re Olu S. Abidekun, Petitioner. Petitions for writs of mandamus and/or prohibition denied. Rehearings Denied No. 979166. Charles Ray Knight, Petitioner v. Edgar Ivester, et al.; No. 979670. Gary Lee Howe, Petitioner v. Virginia;

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MONDAY, FEBRUARY 22, 1999 551 No. 98520. Clara Palm, Individually and as Surviving Parent of Anthony Robert Palm, Deceased, Petitioner v. Las Vegas Metropolitan Police Department, et al.; No. 98800. Trail Enterprises, Inc., dba Wilson Oil Company, Peti- tioner v. City of Houston; No. 985080. Ebenezer Emeka Nwachukwu, Petitioner v. United States; No. 985647. Johnny R. Crawford, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division; No. 985669. Joseph Edmond DeYonghe, Petitioner v. H. N. "Sonny" Scott, Warden; No. 985767. Kim Smith, Petitioner v. James M. Morgan, Superin- tendent, State Correctional Institution at Smithfield, et al.; No. 985807. In Re James R. Schultz, Petitioner; No. 985876. In Re James R. Schnelle, Petitioner; No. 985939. Nancy Lee Bogart, Petitioner v. Dimitra J. Curry, et al.;No. 985992. Vernetta Steele, Petitioner v. County of Los Angeles, et al.; No. 986003. Bruce White, Petitioner v. Theo White, Warden, et al.; No. 986057. Richard M. Cross, Petitioner v. Placer County Supe- rior Court; No. 986109. Solomon Stevens, Petitioner v. Florida; No. 986115. Charles Ray Crawford, Petitioner v. Mississippi; No. 986137. Willie Williams, Petitioner v. Vivian Conway, et al.; No. 986152. Asadi Shamsideen, Petitioner v. J. K. Price, Warden; No. 986174. Earnest A. Darden, Petitioner v. City of Berkeley, Cali- fornia, et al.; No. 986198. Lonnie Reeves, Petitioner v. Nelson Brinson, Warden, et al.; No. 986293. In Re Richard Brenton Tobias, Petitioner; No. 986366. Carlos Burns, Petitioner v. United States; No. 986387. Rosetta Sumter, Petitioner v. Saybolt, Inc., et al.; No. 986466. Donna G. Bartlett, Petitioner v. Department of the Army; No. 986482. Richard Cross, Petitioner v. Court of Appeal of Califor- nia, Third Appellate District; No. 986549. Morris A. Williams, Petitioner v. Raymond J. Sobina, Superintendent, State Correctional Institution at Somerset; No. 986629. Edward Dane Jeffus, Petitioner v. United States;

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552 MONDAY, FEBRUARY 22, 1999 No. 986643. Peter Sharma, Petitioner v. United States District Court for the Central District of California; No. 986671. Norma O. McCauley, Petitioner v. United States; No. 986736. Richard M. Cross, Petitioner v. Dale A. Drozd, et al.; No. 986737. Richard M. Cross, Petitioner v. Pelican Bay State Prison; No. 986754. Matthew Joseph Sikora, Jr., Petitioner v. United States, et al.; No. 986795. Augustine Perez, Petitioner v. United States; and No. 986808. Randall Williams, Petitioner v. U-Haul Company of Colorado. Petitions for rehearing denied. No. 98659. Emma Lee Paul, Petitioner v. William Morrow and Company, Inc., et al. Petition for rehearing denied. The Chief Justice took no part in the consideration or decision of this petition.

Attorney Discipline

No. D1997. In the Matter of Disbarment of Steven M. Kramer. Fur- ther consideration of the response to the Rule to Show Cause deferred. No. D2006. In the Matter of Disbarment of Paul Arthur Price. Dis- barment order entered. No. D2008. In the Matter of Disbarment of Theron Monroe Moore. Disbarment order entered. No. D2009. In the Matter of Disbarment of Michael Anthony Glean. Disbarment order entered. No. D2011. In the Matter of Disbarment of William Alfred Wechs- ler. Disbarment order entered. No. D2012. In the Matter of Disbarment of Hirsch Friedman. Dis- barment order entered. No. D2015. In the Matter of Disbarment of Gilmer P. Hingle. Dis- barment order entered. No. D2016. In the Matter of Disbarment of Z. Hershel Smith. Dis- barment order entered. No. D2017. In the Matter of Disbarment of Willi James Glee. Dis- barment order entered. No. D2019. In the Matter of Disbarment of Jack Nowell Frost. Dis- barment order entered. No. D2020. In the Matter of Disbarment of John Fitsos. Disbarment order entered.

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MONDAY, FEBRUARY 22, 1999 553 No. D2032. In the Matter of Disbarment of Charles V. Booream, III. Charles V. Booream, III, of Milltown, 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. D2033. In the Matter of Disbarment of H. Gene Baldridge. H. Gene Baldridge, of Ashland, Kentucky, 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. D2034. In the Matter of Disbarment of F. Allen Tew. F. Allen Tew, of Indianapolis, Indiana, 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. D2035. In the Matter of Disbarment of Albert Ira Gould. Al- bert Ira Gould, of Bolton, 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. No. D2036. In the Matter of Disbarment of Sanford I. Atkin. San- ford I. Atkin, of Cleveland, 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. D2037. In the Matter of Disbarment of Robert D. Schulman. Robert D. Schulman, of New City, 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. D2038. In the Matter of Disbarment of Susan Goldsweig. Susan Goldsweig, of Yonkers, New York, 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. D2039. In the Matter of Disbarment of Robert G. Levene. Rob- ert G. Levene, of Tustin, 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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554 MONDAY, FEBRUARY 22, 1999 No. D2040. In the Matter of Disbarment of Gerald James Tiernan. Gerald James Tiernan, 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. D2041. In the Matter of Disbarment of Lawrence Paul Man- ning. Lawrence Paul Manning, 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. No. D2042. In the Matter of Disbarment of Philip Gale Butler, Jr.. Philip Gale Butler, Jr., of Greenville, 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. D2043. In the Matter of Disbarment of Peter H. Rea. Peter H. Rea, of Branson, 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. D2044. In the Matter of Disbarment of William C. McCallum. William C. McCallum, of Framingham, 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. D2045. In the Matter of Disbarment of David Stephen Hol- lander. David Stephen Hollander, of Boca Raton, 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.

Admissions to the Bar on Written Motions Applicant City and State Movant Mary Elizabeth Adams Statesboro, GA Gerald M. Edenfield James S. Alexander St. Paul, MN James T. Cowdery Philip A. Allen, III Miami, FL Richard A. Feinstein Bruce S. Alpert Chico, CA Gregory Paul Einhorn

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MONDAY, FEBRUARY 22, 1999 555

Applicant City and State Movant Marc G. Alster Washington, DC Dennis K. Kuroishi Neil H. Angel East Meadow, NY Robert J. Ciovacco Louis Vincent Aquilar Los Angeles, CA Frederick R. Bennett Raymond Glenn Arnold Pensacola, FL Larry A. Matthews John R. Ates Washington, DC Joan B. Tucker Fite Theresa A. Barnett Chicago, IL William Andrew Barnett Daniel R. Barrett Fort Worth, TX David Fielding Gregg D. Barton Bellevue, WA D. Michael Young Mary Catherine Bauer Charlottesville, Deborah Chasen VA Wyatt Brian J. Begle Houston, TX John E. Fisher Richard J. Bennett New York, NY Sally Edith Abelman Bruce K. Bentley New York, NY Arthur Kinoy William Andrew Bergen Auburn, CA Terence John Cassidy Randy Berler Hauppage, NY Theodore David Sklar John F. Berry Tyler, TX James Robert Dobbs, Jr. Jonathan F. Bloom Philadelphia, PA Eric Weston Bloom Philip Bohrer Baton Rouge, LA James A. George E. Scott Bradley Georgetown, DE Criag A. Karsnitz Todd J. Broussard Houston, TX Michael L. Phifer Stephen Craig Brown Charlottesville, James Morton VA Bowling, IV Diane MacArthur Brown Niwot, CO E. Raymond O'Malley Lori L. Bruce McHenry, IL Alfred D. Stavros Brent E. Bundick Dallas, TX Cynthia Carolyn Hollingsworth Ricardo Arturo Caballero Baton Rouge, LA Daniel J. Balhoff Kelley C. Callahan Oklahoma City, Clyde A. OK Muchmore

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556 MONDAY, FEBRUARY 22, 1999

Applicant City and State Movant John Michael Campbell Charleston, SC James Michael Hughes Gregory L. Cannon San Diego, CA Gary Richard Nichols Christopher Caputo Staten Island, NY Devon Scott Reiff G. Edward Cassady, III Birmingham, AL Hobart A. McWhorter, Jr. Thomas A. Cattel Birmingham, MI Richard M. Tuyn John R. Cavanaugh Boston, MA Owen B. Lynch Claudia Center San Francisco, CA William C. McNeill, III Henry Keonaona Chai, II Salt Lake City, Stuart L. Poelman UT Cathie Teresa Chancellor Cleveland, OH Stephanie Tubbs Jones Steven Carl Cherny New York, NY Albert E. Fey Shannen Wayne Coffin Alexandria, VA Richard Kennon Willard Christine L. Companion Charleston, SC James F. Companion Deborah L. Cook Columbus, OH Judge Alice L. Robie Resnick Brian B. Cook Denver, CO Donald Terrence Trinen Frank Robert Cori Orwigsburg, PA Joseph H. Jones, Jr. Ronald E. Crescenzo West Palm Beach, Jerald S. Beer FL Dawn Cushman Los Angeles, CA Lawrence Barclay Haile Daniel A. David Tallahassee, FL James W. Rogers Brian John Davis East Norwich, NY Michael Charles Axelrod Adolfo S. DeMartinis Englewood, NJ Gary K. Norgaard Sabato P. DeVito, Jr. Spring Hill, FL Thomas Ralph Eineman Sheila Anne Denton Trumbull, CT William J. Wenzel, Jr.

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MONDAY, FEBRUARY 22, 1999 557

Applicant City and State Movant Stephen A. DiTullio Madison, WI Jack Richard DeWitt Gary Michael Diamond Rocklin, CA Elizabeth M. Roth Hilary Karen Dobies New York, NY Stephen Allan Postelnek Marie Frances Donnelly Richmond, VA Michele Jill Brace D. Todd Doss Ft. Lauderdale, Stephen Leonard FL Ziegler Charles Raymond Douglas Glen Carbon, IL Gary E. Peel William Dean Dowling Akron, OH William Mason Oldham Anthony P. Doyle Pittsfield, MA Paul M. Vrabel Bryan Keith Drummond Tulsa, OK John G. Moyer, Jr. Anne-Marie Rachel Duncan Bel Air, MD Phyllis Glass Schultz Michael E. Dyer Salt Lake City, Stuart L. Poelman UT William Henry Eddy Eddyville, KY Randall L. Wheeler Peter J. Eglick Seattle, WA Bradley H. Bagshaw Patrick Joseph Ehlers, Jr. Oklahoma City, Randy Alan OK Bauman Edward Joseph Fallman Boston, MA Elliott J. Mahler Mara Leah Faust Sacramento, CA Robert D. Milam Jerry Duane Fenn, Jr. Salt Lake City, Stuart L. Poelman UT Joanne Tyler Floyd York, PA Owen Wesley Larrabee Duncan J. Forsyth Hartford, CT David Beebe Losee Jan L. Fox Pittsburgh, PA John Charles Cleary Helene M. Freeman New York, NY Jonathan M. Herman Robert Friedman Tallahassee, FL Chet Kaufman Scott E. Gant Washington, DC Joseph N. Onek William F. Gardner Birmingham, AL Jos. F. Johnston John Dawless Gatsos New York, NY Joan Gottesman Wexler

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558 MONDAY, FEBRUARY 22, 1999

Applicant City and State Movant Chris Gibson Sacramento, CA Virginia Arnoldy Cahill Robert Donald Gifford, II Tulsa, OK Alexander Torrance Taft, Jr. Harry Lee Gillam, Jr. Marshall, TX Scott Baldwin Bobby S. Gilliam Shreveport, LA Arthur R. Carmody, Jr. Michael D. Goldman Wilmington, DE Richard E. Poole William Clyde Gouldman, II Charlottesville, John W. Zunka VA Lesley Crawford Green Los Angeles, CA Charles Forrest Bannan Tanya Greene Atlanta, GA Stephen B. Bright Joseph Andrea Gregorio Bossier City, LA Peter Reichman Flowers Kelly Marsh Gronbeck Pittsburgh, PA John Charles Cleary Wendy A. Grossman Chicago, IL Richard William Austin Carmen Maria Grullon New York, NY Jerald Lee Hill Heidi Guettler Portland, OR Corbett Gordon Adrian J. Guidotti Los Angeles, CA Lawrence Barclay Haile Theresa Gale Haire Columbus, OH Jill Eileen Stone Sean Halloran Anchorage, AK George Kent Edwards Teresa Anne Hampton Boise, ID Samuel Richard Rubin Jeffrey E. Hansen Arlington, TX Paul F. Wieneskie Thad Harkins San Antonio, TX Hubert W. Green, Jr. John P. Harrington Salt Lake City, Lisa A. Yerkovich UT Donald Lee Heflin Huntsville, AL Paul E. Skidmore Richard E. Hemb Fresno, CA Richard Gerard Cenci Blair Hodgman Cleveland, OH Barbara Kaye Besser

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MONDAY, FEBRUARY 22, 1999 559

Applicant City and State Movant Christine Thiele Hoeffner Los Angeles, CA Lawrence Barclay Haile John Allen Holland, Jr. Boston, MA Owen B. Lynch Timothy Salo Hollister Hartford, CT Gus Bloch Bauman Leon Paul Hudgins Atlanta, GA Lex Allen Watson, II Timothy Thomas Hughes Miami, FL Joseph P. Klock, Jr. Martin Robert Hulthen Akron, OH William Mason Oldham Scott Norris Hunt Portland, OR Richard C. Busse John Yujin Igarashi Irvine, CA K. William Pergande Susan C. Jamieson Atlanta, GA Torin D. Togut Annette Wanlass Jarvis Salt Lake City, Ralph R. Mabey UT Valerie A. Longmire Salt Lake City, Lisa A. Yerkovich Jefferis UT James T. Jeffrey, Jr. Arlington, TX Paul F. Wieneskie Brian Bradshaw Joslyn West Palm Beach, Jerald S. Beer FL Frederick M. Joyce Washington, DC E. William Henry Henry J. Kaim Houston, TX Joel P. Kay Joseph Alan Kieronski, Jr. Meridian, MS Daniel Presley Self, Jr. John Avery Kirst Orlando, FL Jeffrey Douglas Keiner David C. Knieriem St. Louis, MO Madelyn Jean Lamb Lee A. Kraftchick Miami, FL Robert Anthony Cuevas, Jr. Michael E. Lackey, Jr. Bethesda, MD Philip Allen Lacovara Kenneth John Lambert Dallas, TX William Andrew Messer Alan Levine New York, NY Leon Silverman Robert F. Van Lierop New York, NY Jonathan W. Lubell Douglas Allan Lindsay Chicago, IL James R. Gannon

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560 MONDAY, FEBRUARY 22, 1999

Applicant City and State Movant David Moore Lindsey Miami, FL Elizabeth Jamison duFresne Nick Carl Linholm Oklahoma City, Judge Jerry Dean OK Bass William S. Lovell Aloha, OR James J. Casby, Jr. Timothy E. Lynch Reston, VA Scott G. Bullock Kira E. Macfarlane Salt Lake City, Stuart L. Poelman UT Charles J. Mackay Detroit, MI David J. Masson Chester Joseph Makowski Houston, TX Robert H. Etnyre, Jr. Christopher George Detroit, MI Robert Bruce Manolis Barnett James Charles Martin Jackson, MS William A. Allain Ronald Brian McGuire New York, NY Sheila Dugan Carlton C. McLarty Dallas, TX Ira Raymond Kirkendoll Jenny Lu McLeroy Decatur, AL Larry Clark Weaver Daniel John McMahon Chicago, IL Louis C. Roberts Laura E. McSwiggin Los Angeles, CA Victor Michael Epport Elijah Imanuel Meshiah Chicago, IL Robert Gilbert Johnston J. Carl Mickelsen Moscow, ID Maureen E. Laflin Gale Harrison Moore Largo, FL Jerome C. Latimer Larry I. Moore, III Greensboro, NC Daniel Watson Fouts Arthur Stanley Moreau, III San Diego, CA Donald Robert McKillop Dennis Spalla Morris Los Angeles, CA James W. Hunt Harry L. Munsinger San Antonio, TX Oliver Samuel Heard, Jr. Vincent James Napoleon New York, NY William Brian Lytton, III Christopher Dale Negley Charleston, WV Molly Margaret Ginley Knox D. Nunnally Houston, TX Marie R. Yeates Paul Edward O'Connor Sacramento, CA John Gerald McLean

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MONDAY, FEBRUARY 22, 1999 561

Applicant City and State Movant Patrick Lewis O'Daniel Austin, TX Honorable Clarence Thomas, Associate Justice of the Supreme Court William C. Odle Kansas City, MO Daniel M. Dibble Terry Edward Oliver Tulsa, OK Barron Lindsey Derryberry Peter Stephen Olson Bethel, CT James T. Shearin Richard S. Order Hartord, CT Thomas A. Gugliotti Leo J. Palazzo New Orleans, LA Charles A. Cerise, Jr. Bryce Daryl Panzer Salt Lake City, Stuart L. Poelman UT Nancy L. Patterson Houston, TX Mark Edward Schwartz Anthony Peter Patti Ann Arbor, MI Charles W. Borgsdorf Matthew Milan Pavlovich Pittsburgh, PA James Michael Malley Carlene A. Pennell Boston, MA A. John Pappalardo Charles Jackson Perkins Birmingham, AL William M. Dawson, Jr. Dori Kay Petersen Salt Lake City, Stuart L. Poelman UT Peter John Petesch Washington, DC Robert Harry Morse Tamra Phipps Tampa, FL Honorable Seth P. Waxman, Solicitor General of the United States Thomas Craddock Plunkett St. Paul, MN Edward Joseph Cleary Stephen Harold Pottinger Lexington, KY Linda B. Sullivan Charles Jordan Press Jackson, MS Robert E. McDuff

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562 MONDAY, FEBRUARY 22, 1999

Applicant City and State Movant Brett J. Preston Tampa, FL Benjamin H. Hill, III Elizabeth C. Pritzker Oakland, CA Mary Cynthia Dunlap J. David Pugh Birmingham, AL A. H. Gaede, Jr. Thomas Franklin Pursell Saint Paul, MN Gregory P. Huwe Thomas C. Regan Peabody, MA John A. McNiff Charles Worth Richards Austin, TX Frank Russell Douglass Steven Norman Richman Los Angeles, CA Victor Michael Epport Maurice J. Ringel Needham, MA Norton Aaron Goldstein Edward L. Ripley Houston, TX Joel P. Kay Paul R. Ritzma Placitas, NM Jerry Allen Walz Jonathan J. Russell Doylestown, PA Lonnie Edward Farris Mel A. Sachs New York, NY Norman A. Olch Stephen B. Sadowsky Los Angeles, CA Michael J. Lightfoot Susan Hofkin Salomon New York, NY Kevin Martin Doyle Guy Randolph Satterfield Little Rock, AR Ronald Arthur Hope David William Savage Pullman, WA Kenneth B. Myklebust Wayne Joseph Schaefer East Meadow, NY Michael Charles Axelrod Andrew J. Schaffran New York, NY Harry Anthony Rissetto Stephen M. Seeger Washington, DC Stuart Scott Morrison William H. Sheehan, III Peabody, MA John A. McNiff Sandra Jackson Sheppard El Paso, TX Michael Timothy Milligan Elizabeth B. Smart Richmond, VA Ronald Wadsworth White Rudie R. Soileau, Jr. Lake Charles, LA James Buckner Doyle

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MONDAY, FEBRUARY 22, 1999 563

Applicant City and State Movant Gary Morris Sommer Syracuse, NY William Dorsey Walsh Rebecca Denean Spangler Pittsburgh, PA Kemal Alexander Mericli Jeanette Spivey Atlanta, GA Michael Craig Ehrlich Jay Starkman Miami, FL Milton I. Starkman Glen Alan Stebens Tustin, CA Charles William Matheis, Jr. Alan Michael Strauss Brooklyn, NY Frank Edmund Deale Thomas Carlson Sturdy Salt Lake City, Stuart L. Poelman UT John P. Sullivan Lexington, KY Joe C. Savage Brian John Sylvia New Bedford, MA Dwight Gerard Duncan Amy Rayack Tabor Pawtucket, RI Robert Barney Mann Arlen L. Tanner Kansas City, MO Richard Thomas Merker Andy Taylor Austin, TX John Cornyn Keith J. Tierney Las Vegas, NV Richard Hiroshi Nakamura, Jr John A. Tkach Pasadena, CA Howard C. H. Hom Patricia Baron Tomasco Austin, TX Peter Andrew Nolan Terriann Trostle Houston, TX Joy M. Soloway Lorenzo A. Trujillo Denver, CO Bruce Allen Montoya Nicole Allyse Tutt Stockton, CA Thomas Joseph Shephard Thomas Richard Uiselt Alexandria, VA Douglas Howard Kohrt Hendrik Uiterwyk Tampa, FL Erik G. Abrahamson Jose Vela, Jr. Chicago, IL David R. Akemann John Val Wachtel Wichita, KS John Michael Morris

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564 MONDAY, FEBRUARY 22, 1999

Applicant City and State Movant Guy B. Wallace El Cerrito, CA William C. McNeill, III Dean T. Wellman Lexington, KY John Michael Famularo Ann G. Weymouth Washington, DC Ernest Gellhorn Scott L. Wiggins Salt Lake City, Judge John H. UT McBryde Glenn Mark Willard Terre Haute, IN James Bopp, Jr. Derrick H. Wilson New Albany, IN David Alan Friedman Charles R. Wilson Tampa, FL Honorable Seth P. Waxman, Solicitor General of the United States Barbara Anne Winters San Francisco, CA Jerome B. Falk, Jr. Barry M. Wolf Beverly Hills, CA Timothy Towery Coates Leonard W. Woods, Jr. Austin, TX David A. Wright M. Jocelyn Lopez Wright Washington, DC David V. Bernal Victor L. Wright Los Angeles, CA Kevin Clement Brazile Franz L. Zibilich New Orleans, LA Avis Marie Russell

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

Lisa Robertson Kelley Charlottesville, Cynthia June VA Rapp Elizabeth F. Zaby Dallas, TX Kerry William Kircher Helen Morris New York, NY Harold D. Lester, Jr. Donald Robertson McMinn Washington, DC Harold D. Lester, Jr. Joseph Harry Alessi North Caldwell, Brian Gregory NJ Steller Frederick William Alworth Newark, NJ Brian Gregory Steller

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MONDAY, FEBRUARY 22, 1999 565

Applicant City and State Movant Sandra Anne Creighton Maplewood, NJ Brian Gregory Steller Marc J. Gross Livingston, NJ Brian Gregory Steller Nora L. Kallen Jersey City, NJ Brian Gregory Steller John C. Lenzen Morristown, NJ Brian Gregory Steller Anthony F. Malanga Jr. Belleville, NJ Brian Gregory Steller Lisa Chadwick Thompson Fairfield, NJ Brian Gregory Steller Richard Joseph Verde North Caldwell, Brian Gregory NJ Steller

Oral Arguments No. 979361. Louis Jones, Petitioner v. United States. Argued by Mr. Timothy Crooks for the petitioner and by Mr. Michael R. Dreeben for the respondent. No. 978629. Eddie Richardson, Petitioner v. United States. Argued by Mr. William A. Barnett, Jr., appointed by this Court, for the peti- tioner and by Mr. Irving L. Gornstein for the respondent.

Adjourned until Tuesday, February 23, 1999, at 10 o'clock.

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(JOURNAL) TUESDAY, FEBRUARY 23, 1999 567 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. 9884. National Collegiate Athletic Association, Petitioner v. R. M. Smith. 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 for further pro- ceedings in conformity with the opinion of this Court. Opinion by Jus- tice Ginsburg. No. 971489. Your Home Visiting Nurse Services, Inc., Petitioner v. Donna E. Shalala, Secretary of Health and Human Services. On writ of certiorari to the United States Court of Appeals for the Sixth Circuit. Judgment affirmed. Opinion by Justice Scalia.

Admissions to the Bar on Oral Motions Applicant City and State Movant John J. Beins Rockville, MD Hugh Joseph Beins Lori Jonas Washington, DC Scott A. Schachter Christopher Allen Wood Oklahoma City, Howard R. OK Horalson Deborah Naomi Abramson Baltimore, MD Robert Barnsley Kershaw David William Cohen Baltimore, MD Robert Barnsley Kershaw Henry I. Greenberg Baltimore, MD Robert Barnsley Kershaw Lawrence Steven Baltimore, MD Robert Barnsley Greenberg Kershaw Mitchell Alan Greenberg Baltimore, MD Robert Barnsley Kershaw Janet S. Hankin Baltimore, MD Robert Barnsley Kershaw Kelly Hughes Iverson Baltimore, MD Robert Barnsley Kershaw

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568 TUESDAY, FEBRUARY 23, 1999

Applicant City and State Movant Carol L. Nicolette Baltimore, MD Robert Barnsley Kershaw Troy Powers Baltimore, MD Robert Barnsley Kershaw Thomas John Schetelich Baltimore, MD Robert Barnsley Kershaw Lorne Frederick Silverstein Baltimore, MD Robert Barnsley Kershaw Stanley Turk Baltimore, MD Robert Barnsley Kershaw Joyce L. Wright Baltimore, MD Robert Barnsley Kershaw

Oral Arguments No. 971802. David Conn and Carol Najera, Petitioners v. Paul L. Gabbert. Argued by Mr. Kevin C. Brazile for the petitioners and by Mr. Michael J. Lightfoot for the respondent. No. 971985. Ellis E. Neder, Jr., Petitioner v. United States. Argued by Mr. Javier H. Rubenstein for the petitioner and by Mr. Roy W. McLeese, III, for the respondent.

Adjourned until Wednesday, February 24, 1999, at 10 o'clock.

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(JOURNAL) WEDNESDAY, FEBRUARY 24, 1999 569 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. 971252. Janet Reno, Attorney General, et al., Petitioners v. American-Arab Anti-Discrimination Committee, et al. On writ of cer- tiorari to the United States Court of Appeals for the Ninth Circuit. Judgment vacated, and case remanded to the United States Court of Appeals for the Ninth Circuit with instructions to vacate the judgment of the United States District Court for the Central District of Califor- nia. Opinion by Justice Scalia, with whom Justice Breyer joins as to Parts I and II. Opinion by Justice Ginsburg, concurring in part and concurring in the judgment, with whom Justice Breyer joins as to Part I. Opinion by Justice Stevens concurring in the judgment. Dissenting opinion by Justice Souter.

Admissions to the Bar on Oral Motions Applicant City and State Movant Jeffrey Charles Metzger Laguna Hills, CA Jeffrey Isaac Ehrlich Samantha L. Ward Tampa, FL Julianne M. Holt Nicholas D. Cowie Baltimore, MD John H. Price, Jr. Vincent Daly Baltimore, MD John H. Price, Jr. George W. Fanshaw III Baltimore, MD John H. Price, Jr. Joan Bossmann Gordon Baltimore, MD John H. Price, Jr. Rex S. Gordon Baltimore, MD John H. Price, Jr. Cheryl Kelley Jacobs Baltimore, MD John H. Price, Jr. Scott Philip Kurlander Baltimore, MD John H. price, Jr. Ann M. Lembo Baltimore, MD John H. Price, Jr. Sandra B. Minton Baltimore, MD John H. Price, Jr. James Ward Morrow Baltimore, MD John H. Price, Jr. Godson M. Nnaka Baltimore, MD John H. Price, Jr. Phyllis Jane Ringler Baltimore, MD John H. Price, Jr. Charlene A. Wilson Baltimore, MD John H. Price, Jr.

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570 WEDNESDAY, FEBRUARY 24, 1999 Oral Arguments

No. 971008. Carolyn C. Cleveland, Petitioner v. Policy Management Systems Corporation, et al. Argued by Mr. John E. Wall, Jr., for the petitioner, by Mr. Matthew D. Roberts for the United States as amicus curiae, by special leave of the Court, and by Mr. Stephen G. Morrison for the respondents. No. 971868. UNUM Life Insurance Company of America, Peti- tioner v. John E. Ward. Argued by Mr. William J. Kayatta, Jr., for the petitioner, by Mr. Edwin S. Kneedler for the United States as amicus curiae, by special leave of the Court, and by Mr. Jeffrey I. Erlich for the respondent.

Adjourned until Monday, March 1, 1999, at 10 o'clock.

Certiorari Denied

No. 988136. Norman Evans Green, 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 stay of execution.

Habeas Corpus Denied

No. 988222. In Re Norman Evans 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 writ of habeas corpus denied.

Order In Pending Case

No. 981368. Terry Stewart, Director, Arizona Department of Cor- rections, et al., Petitioners v. Karl Hinze LaGrand. Application to va- cate stay of execution of sentence of death presented to Justice O'Con- nor and by her referred to the Court granted. Dissenting statement by Justice Stevens.

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WEDNESDAY, FEBRUARY 24, 1999 571 Order In Pending Case No. 981368. Terry Stewart, Director, Arizona Department of Cor- rections, et al., Petitioners v. Karl Hinze LaGrand. Motion by Karl LaGrand to clarify order entered by the Court February 24, 1999, de- nied. Dissenting statement by Justice Stevens. Justice Ginsburg took no part in the consideration or decision of this motion.

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(JOURNAL) MONDAY, MARCH 1, 1999 573 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. M44. Joseph H. Walton, Petitioner v. City of Manassas. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M45. Ralph E. Taylor, Petitioner v. Department of Health and Human Services. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. 971927. Rodney C. Hanlon, Joel Scrafford, Kris A. McLean, Richard C. Branzell, and Robert Prieksat, Petitioners v. Paul W. Berger, et ux.; and No. 9883. Charles H. Wilson, et ux., et al., Petitioners v. Harry Layne, Deputy United States Marshal, etc., et al. A total of ten addi- tional minutes for oral argument are allotted to petitioners Hanlon, et al.; federal respondents Layne, et al.; and state respondents. A total of ten additional minutes for oral argument are allotted to respondents Berger, et ux., and petitioners Wilson, et al. No. 98223. Florida, Petitioner v. Tyvessel Tyvorus White. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted. No. 98369. National Aeronautics and Space Administration, etc., et al., Petitioners v. Federal Labor Relations Authority, et al. Motion of respondent American Federation of Government Employees for di- vided argument granted and time divided as follows: 20 minutes for the Federal Labor Relations Authority; and 10 minutes for the American Federation of Government Employees, AFL-CIO. No. 981041. Gerald Whitburn, Secretary, Wisconsin Department of Health and Family Services, et al., Petitioners v. Patrick Addis, et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

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574 MONDAY, MARCH 1, 1999 No. 987306. Ronald Dean Lowe, Petitioner v. Weldon Cantrell. Mo- tion of petitioner to proceed in forma pauperis denied. See Rule 39.8. Petitioner allowed until March 22, 1999, 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. 98822. Friends of the Earth, Incorporated, et al., Petitioners v. Laidlaw Environmental Services (TOC), Inc. Motion of Public Citizen 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 granted.

Certiorari Denied No. 98697. Harbert/Lummus Agrifuels Projects, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 98765. Milton Sonneberg, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 98837. Jesse Woodrow Shotts, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 98863. LaFayette Place Associates, Petitioner v. City of Bos- ton. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied. No. 98867. Harold R. Clagg, et al., Petitioners v. Baycliffs Corpora- tion, et al. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 98871. United States, Petitioner v. Hughes Aircraft Company. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 98875. Davister Corporation, Petitioner v. United Republic Life Insurance Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 98897. Robert E. Gable, Petitioner v. Paul E. Patton, et al.; and No. 981072. Paul E. Patton, Petitioner v. Robert E. Gable, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

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MONDAY, MARCH 1, 1999 575 No. 98912. Marvin O. Ross, Petitioner v. Indiana State Teachers Association and Indiana State Teachers Association Insurance Trust. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 98919. Frank A. Lumsden, et al., Petitioners v. Liberty Mutual Insurance Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 98985. Lincoln Herbert, Petitioner v. Robert J. Reinstein, Dean, Temple University School of Law, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 98986. DaimlerChrysler Corporation, Petitioner v. Kolosso Auto Sales, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 98987. Kenneth Heller, Petitioner v. Jeannette Yannitelli, et al. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied. No. 981020. Sharon Riley, Petitioner v. St. Louis County, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 981022. Allen H. Smith, Petitioner v. Mary Jane Smith. Petition for writ of certiorari to the Superior Court of Pennsylvania, Harris- burg Office, denied. No. 981024. Martin King, Petitioner v. United States; and No. 986523. Alfred Smith, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 981033. Shari Bair, Individually and as Representative of the Estate of C. W. Bair, et al., Petitioners v. William Fred Hagans, et al. Petition for writ of certiorari to the Court of Appeals of Texas, Four- teenth District, denied. No. 981034. Gary Loveness, et ux., Petitioners v. Arizona Depart- ment of Revenue. Petition for writ of certiorari to the Court of Appeals of Arizona, Division One, denied. No. 981042. David L. Smith, Petitioner v. Supreme Court of Colo- rado. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied. No. 981047. Louis R. Koerner, Jr., and Michael Sampson, Sr., Peti- tioners v. Crescent City Emergency Medical Services, Inc., et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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576 MONDAY, MARCH 1, 1999 No. 981049. Linda Allinder, Petitioner v. Inter-City Products Cor- poration (USA), and Robert Henningsen. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 981051. Edward Bojekian, et ux., Petitioners v. Fort Lee Plan- ning Board, et al. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. No. 981068. Magnolia Venture Capital Corporation, Petitioner v. Mississippi Department of Economic and Community Development. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 981069. Javier Hernandez, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appel- late District, denied. No. 981070. Morgan Harris, Jr., Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Twelfth District, denied. No. 981086. Theodore J. Horvath, Petitioner v. Ohio State Teachers Retirement Board. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 981114. Burton W. Onstine, Petitioner v. Judith A. Ramaley, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981157. Abdullah Shabazz, Petitioner v. Connecticut. Petition for writ of certiorari to the Supreme Court of Connecticut denied. No. 981179. Compagnie Euralair, S.A., Petitioner v. General Elec- tric Company. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 981180. Stephen J. Schap, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Armed Forces denied. No. 981185. Michael Idarecis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 981205. Nazareth Andonian, Petitioner v. United States; and Vahe Andonian, Petitioner v. United States. Petition for writ of certio- rari to the United States Court of Appeals for the Ninth Circuit denied. No. 981212. Ronald Gary Kirk, Jr., 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, MARCH 1, 1999 577 No. 981232. Martin Dayton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986524. Milton A. Walden, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 986559. Stephen Hartbarger, Lonnie Hartbarger, and Phillip W. Lafary, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 986681. Dontaie Hudson, aka Black, aka Mark Black, aka Mark Balk, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 986891. Tyrone Clayton Smith, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987042. Gregory D. Bolin, Petitioner v. Nevada. Petition for writ of certiorari to the Supreme Court of Nevada denied. No. 987050. Jimmy Davis, Jr., Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. No. 987052. Andre Laguan Fletcher, Petitioner v. North Carolina. Petition for writ of certiorari to the Supreme Court of North Caro- lina denied. No. 987053. Jason De La Torre, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 987076. Elizabeth Burdix-Dana, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 987118. James Blanton, Petitioner v. Tennessee. Petition for writ of certiorari to the Supreme Court of Tennessee, Middle Divi- sion, denied. No. 987351. Patrick Shaw, Petitioner v. Kansas. Petition for writ of certiorari to the Court of Appeals of Kansas denied. No. 987352. Arturo Solis, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Tenth District, denied. No. 987368. Daniel Sanders-Bey, Petitioner v. Jimmy Stegall, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied.

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578 MONDAY, MARCH 1, 1999 No. 987376. Walter Raglin, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 987378. Kevin Andrew Ott, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. No. 987380. Stephen Frances Snow, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 987393. Gary Bradford Cone, Petitioner v. Michael Dutton, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 987396. Gary Lee Edens, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. No. 987403. Anthony Jermone Hipps, Petitioner v. North Carolina. Petition for writ of certiorari to the Supreme Court of North Caro- lina denied. No. 987415. Tony Lamar Vann, Petitioner v. John Wilson; Tony Lamar Vann, Petitioner v. Rusty Miller; and Tony Lamar Vann, Peti- tioner v. Waylan Smedley. Petition for writ of certiorari to the Supreme Court of Oklahoma denied. No. 987419. Ray Baker, Petitioner v. Donsco, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Third Cir- cuit denied. No. 987420. Harold Gene Weatherly, Petitioner v. Oklahoma, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 987422. Barrington F. Watkis, Petitioner v. American National Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 987427. Lawrence Hunter, Petitioner v. Dennis Straub, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987430. David Gregory Hurd, Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 987435. Russell L. Ford, Petitioner v. Alabama Board of Par- dons and Paroles, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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MONDAY, MARCH 1, 1999 579 No. 987442. Joseph Angelo DiCesare, Petitioner v. J. D. Baldridge, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied. No. 987443. Norman Gregory, Petitioner v. William J. Love, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 987444. Larry Fassler, Petitioner v. Raner C. Collins, Judge, Superior Court of Arizona, Pima County. Petition for writ of certiorari to the Supreme Court of Arizona denied. No. 987449. Gabriel Perez, Petitioner v. Cal Terhune, Director, Cal- ifornia Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987454. John R. Taylor, Jr., Petitioner v. Ernest McDuffie, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987456. Roslyn Oldham, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 987469. Stephen Paul Tripp, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fifth District, denied. No. 987472. Nicholas R. Buljat, Petitioner v. Federal Home Loan Mortgage Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987473. Abel Carrasco Castillo, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Eighth District, denied. No. 987474. William Edward Blake, Petitioner v. David Mills, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 987475. Tommie E. Becton, Jr., Petitioner v. Harte Hanks Di- rect Marketing. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987509. Tony D. Cook, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 987561. Jacob Feuerwerker, Petitioner v. Rex Zent, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

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580 MONDAY, MARCH 1, 1999 No. 987567. Samuel Bunyan Davis, Jr., Petitioner v. Kenneth B. Murov, etc., et al. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 987577. Charles Kight, Petitioner v. Dennis O'Neill, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 987583. Marc E. Lee, Petitioner v. Terry L. Stewart, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987606. Troy McIntire, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987611. Clayton Travis M. Brickhouse, Petitioner v. North Car- olina. Petition for writ of certiorari to the Court of Appeals of North Carolina denied. No. 987612. Michael K. Bailey, Petitioner v. George D. Alexander, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987617. Ronald E. Reed, Petitioner v. Charles O. Rossotti, Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987622. Richard A. Iglesias, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Armed Forces denied. No. 987636. James D. Maciel, Petitioner v. James K. Rowland, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987637. Donald W. Smith, Petitioner v. Budget Rent-A-Car Systems, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987653. Cecil Ray Patterson, 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. 987658. Sundiata Acoli, Petitioner v. New Jersey State Parole Board. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. No. 987674. Dennis R. Means, Petitioner v. Phyllis R. Segal, Chair, Federal Labor Relations Authority. Petition for writ of certiorari to

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MONDAY, MARCH 1, 1999 581 the United States Court of Appeals for the District of Columbia Cir- cuit denied. No. 987679. Donald Boyd, Petitioner v. Ricki Helfer, Chairman, Board of Directors, Federal Deposit Insurance Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 987693. Larry Smith, Petitioner v. Michael Bowersox, Superin- tendent, Potosi Correctional Center, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 987704. Young Yil Jo, Petitioner v. Linda M. Anderson. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987710. Billy Lampton, Petitioner v. United States; No. 987734. Michael Jackson, aka Low Down, Petitioner v. United States; and No. 987766. Cortney Walker, aka Moon, aka Courtney Walker, Peti- tioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987739. Kazel R. Anthony, Petitioner v. New York State Divi- sion of Parole. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Third Judicial Department, denied. No. 987757. Alan E. Levitan, Petitioner v. United States; and No. 987811. Daniel Levitan, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 987763. Henry Williams, Petitioner v. South Carolina, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987764. Yuel Willingham, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied. No. 987790. Quintin O. Morris, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appel- late District, denied. No. 987799. Bruce Ruzzo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 987800. Cynthia Ann Passmore, 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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582 MONDAY, MARCH 1, 1999 No. 987819. Yolanda Villareal, Petitioner v. United States; and No. 987900. Edward Maliszewski, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987823. Jorge Morera, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987831. Rafael Pena, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 987835. Kenneth C. Brown, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 987836. William O. Boles, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 987837. Dieulifort Bogela, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 987839. Jose A. Marin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 987840. Carol Marcum, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987841. Thomas F. Stockheimer, Leonard A. Peth, and Harry Days, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 987842. Samuel J. Potts, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 987843. John C. Sheffey, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987844. Randy Lee Ray, 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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MONDAY, MARCH 1, 1999 583 No. 987845. David S. McKeeve, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 987848. Steven J. Key, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987850. Jesus Teofilo Tavizon, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987855. Lawrence M. Harrison, aka Lawrence S. Iorizzo, aka Sal, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987857. Patrick Allen Brown, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987860. Ronald Earl Geiger, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987862. Khaled Mohammed El-Jassem, aka John Doe, aka Khalid Duhhan Al-Jawary, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 987866. John George Horton, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987867. Charles Hunt, aka Charles L. Hunt, IV, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 987868. Charles Randall Greer, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987869. Dwight Lamont Hunter, aka Dee, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987870. Nelson Gonzalez, 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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584 MONDAY, MARCH 1, 1999 No. 987873. Raymundo Hernandez, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 987874. Horace Flennory, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 987879. George Clayton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 987881. Ronald Miles, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 987883. Juan Carlos Seresi, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987887. Sammie Lee Nevels, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987888. Bryan Lamar Blanton, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987891. Marcus Byrd, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 987892. Casey Paul O'Connor, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987895. Jose Perez-Sosa, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 987896. Henry Potwin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987897. Manuel Lawson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 987898. Erma J. James, Petitioner v. United States Parole Com- mission. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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MONDAY, MARCH 1, 1999 585 No. 987905. Timothy Lee Sweeney, Petitioner v. Sewall Smith, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987918. Robert Fulton Humphrey, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987932. Donnie D. DeHart, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 987936. Robert De La Garza, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987944. Rafael J. Felici, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 987951. Fahim Muhammed, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 988027. Djoudi Djadi, Petitioner v. Thomas Corcoran, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. No. 988059. Warren L. Smith, Petitioner v. County of Contra Costa Board of Supervisors, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981045. Christopher Artuz, Superintendent, Green Haven Cor- rectional Facility, Petitioner v. Adalberto Fernandez; Christopher Artuz, Superintendent, Green Haven Correctional Facility, Petitioner v. Lorenzo Brooks; Christopher Artuz, Superintendent, Green Haven Correctional Facility, Petitioner v. David Sosa; James Stinson, Superin- tendent, Great Meadow Correctional Facility, Petitioner v. Luis Avin- cola; James P. Keane, Superintendent, Sing Sing Correctional Facility, Petitioner v. Kevin Brannigan; Daniel Senkowski, Superintendent, Clinton Correctional Facility, Petitioner v. Timothy Kirby; Walter Kelly, Superintendent, Attica Correctional Facility, Petitioner v. Rafael Oppenheimer; and Hans G. Walker, Superintendent, Auburn Correc- tional Facility, Petitioner v. Eduardo La Torres. Motion of respondent Adalberto Fernandez for leave to proceed in forma pauperis granted. Motion of respondent Timothy Kirby 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.

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586 MONDAY, MARCH 1, 1999 No. 981127. Michael Bowersox, Superintendent, Potosi Correc- tional Center, Petitioner v. Keith A. Smith. 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. 987465. Stephan A. Bitterman, Petitioner v. Annette Bitter- man. Motion of respondent Boose, Casey, Ciklin Lubitz Martens Mc- Bane & O'Connell for damages denied. Motion of petitioner for dam- ages denied. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 987817. John D. Levitan, Petitioner v. United States. Motion of petitioner to seal the petition for writ of certiorari denied. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

Habeas Corpus Denied No. 987999. In Re Michael Anthony Rose, Petitioner. Petition for writ of habeas corpus denied.

Mandamus Denied No. 987455. In Re Marti Addams-More, Petitioner. Petition for writ of mandamus denied.

Rehearings Denied No. 98242. In Re Jean Francois Lauslega, Petitioner; No. 98633. Willie J. Dunn, Petitioner v. Alabama Agricultural and Mechanical University, et al.; No. 98639. Edward Lesoon, Petitioner v. Commissioner of Inter- nal Revenue; No. 98717. Gary A. Bybee, et ux., Petitioners v. Commissioner of Internal Revenue; No. 98792. Richard A. Trost, Petitioner v. United States; No. 985484. Edna M. Pickett, Petitioner v. Wal-Mart Stores, Inc., et al.; No. 986488. Peter James Atherton, Petitioner v. Arlington County, Virginia; No. 986515. Ronald J. Jackson, Petitioner v. Stephen G. Milliken; No. 986550. Ronald Dwayne Whitfield, Petitioner v. Texas; Ronald Dwayne Whitfield, Petitioner v. Texas; and Ronald Dwayne Whitfield, Petitioner v. Texas;

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MONDAY, MARCH 1, 1999 587 No. 986744. Joseph E. Taylor, Petitioner v. Craig A. Hanks, Super- intendent, Wabash Valley Correctional Institute; No. 986768. R. A. D., Petitioner v. Illinois; No. 986852. Gladys Gonzalez, Petitioner v. Consolidated Real Es- tate Investments, etc.; No. 986958. Wille'am Crawsforb' Bennett, aka Willie Crawford Bennett, Petitioner v. Texas; No. 987114. Ivan Lowell Deckard, aka Joseph Francis Vale, Peti- tioner v. United States; No. 987123. Romeo Trinidad Flores, Jr., Petitioner v. United States; No. 987138. William Earl Cunningham, Petitioner v. Leland Heus- zel, Warden, et al.; and No. 987193. Phillip W. Hammons, Petitioner v. United States. Peti- tions for rehearing denied. No. 969340. Paul Lavertu, Petitioner v. Borofsky, Lewis & Amodeo-Vickery; and No. 979417. Daniel G. Gellert, Petitioner v. Commissioner of Inter- nal Revenue, et al. Motions for leave to file petitions for rehearing denied. Attorney Discipline

No. D1906. In the Matter of George R. Neely The Rule to Show Cause entered January 20, 1998, is discharged. Order suspending re- spondent from practice of law in this Court vacated. No. D2023. In the Matter of Barrett Neil Weinberger. Barrett Neil Weinberger, of Cincinnati, Ohio, 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 January 19, 1999, is discharged. No. D2046. In the Matter of Disbarment of Robert J. Pellicane. Robert J. Pellicane, of Hauppauge, 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. D2047. In the Matter of Disbarment of Stanford Donald Hess. Stanford Donald Hess, 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.

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588 MONDAY, MARCH 1, 1999 No. D2048. In the Matter of Disbarment of Gary Ellis Wolosin. Gary Ellis Wolosin, of Cincinnati, 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.

Recess Order The Court will take a recess from Monday, March 8, 1999, until Mon- day, March 22, 1999.

Admissions to the Bar on Written Motions Applicant City and State Movant Christopher D. Balch Atlanta, GA James Thompson McDonald, Jr. Joy Leigh Barwick Miami, FL Howard Barwick Gary Lee Benton San Francisco, CA Ronald S. Katz James Eric Bertz Bullhead City, AZ John A. FitzRandolph Donna Michelle Bloemer Ft. Wright, KY Judge Donald C. Wintersheimer Shannon J. Briglia Vienna, VA Donald Glenn Gavin Karl Kenneth Brown, II Lancaster, PA Joseph Charles Madenspacher Sean Michael Bryn Woodland Hills, John A. CA FitzRandolph Brooks R. Burdette New York, NY Miguel A. Estrada Frank Carr Washington, DC Robert Michael Andersen Tanya K. Danforth San Gabriel, CA John A. FitzRandolph Sanford Lawrence Dow Houston, TX Edmund L. Cogburn Linda Robinson Driskill Oklahoma City, John B. Hayes OK Steven Douglas Dubriske Hot Springs, AR Martin Joseph Hindel Robert Edward Duginger Irvine, CA Peter Frank Zullo Leonard Leigh Elias Miami, FL Murray Austin Greenberg Mildred Escobedo Los Angeles, CA John A. FitzRandolph

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MONDAY, MARCH 1, 1999 589

Applicant City and State Movant Joel M. Fain Hartford, CT Richard F. Banbury Thomas John Finn Arlington, VA Kenneth R. Corsello Frank B. Garrett, III Decatur, IL Jeffrey Cuin Taylor Peter Gartlan Portland, OR David E. Groom William Randall Gathany San Antonio, TX Anthony W. Walluk Deborah Nichole Gertsen Farmington Hills, Michael J. O'Reilly MI R. Read Gignilliat Atlanta, GA Jeffrey B. Kent Terry Lynn Gimenez Los Angeles, CA Gary L. Holmen Alani Golanski Brooklyn, NY Stanley J. Levy Peter Goldstein Los Angeles, CA John A. FitzRandolph Kreg Paul Greer Bel Air, MD David Phelps Kennedy Sue Anne Herrmann Santa Fe, NM Frederick M. Rowe Stephen Bryant Humphress Lebanon, KY Theodore Howard Lavit Annette A. Idalski Atlanta, GA Jeffrey B. Kent Emad G. Iskaros Nutley, NJ John S. Sawicki Robert George Kaler Washington, DC John Francis Colwell Scott Adam Kamber New York, NY Samuel K. Rosen Christian Jakob Knapp Neptune City, NJ Margaret Flaherty Gillen Robert Joseph Kolstad Minneapolis, MN John C. Brink Meredith Kolsky Lewis Washington, DC Stephen James Marzen Floyd William Lopez Albuquerque, NM Owen M. Lopez Ruth Atkinson Lusby Towson, MD Dene Lonier Lusby Terry Kaufmann Macias Los Angeles, CA William Benjamin Creim Moshe Maimon New York, NY Stanley J. Levy Russell Dale Mays Greenville, TN Douglas L. Payne Neil V. McKittrick Boston, MA Gael Mahony

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590 MONDAY, MARCH 1, 1999

Applicant City and State Movant William Michael Mchugh Peachtree City, Jonathan James GA Wade George William McManus, Baltimore, MD William James Jr. Murphy Janice M. Mueller Boston, MA Ernest Gellhorn Everett Ellison Nicholas, Jr. Decatur, IL Jeffrey Cuin Taylor John Matthew Odom Tampa, FL Lee Craig Bernard Algimantas Denver, CO Daniel M. Poskus Taubman Steven D. Powell Ventura, CA Michael P. King Stefan Ernst Ritter Atlanta, GA Thurbert F. Baker Richard F. Rowley, II Clovis, NM David Fredrick Richards John Joseph Samson Olympia, WA Paul Douglas Weisser Steven Ray Sanders Hollister, CA John Howard O'Brien Nissa Mykleby Sanders San Antonio, TX Wallace Bernard Jefferson Cynthia D. Santomauro Hackensack, NJ Raymond R. Wiss Timothy Mark Smith Sacramento, CA Samuel Brown Casey Joseph A. Soldani Clovis, CA Dale Edward Bacigalupi Michael E. Tucci Washington, DC David D'Alessandro Brian P. Waagner Vienna, VA Donald Glenn Gavin Garland L. Watlington Jonesboro, AR Luther Oneal Sutter, II Alisa Antoinette Wilkins Washington, DC Arthur Kinoy Scott T. Williams Dallas, TX Michael Lowenberg Wendell C. Woods Baton Rouge, LA Jill L. Craft

Admissions to the Bar on Oral Motions Applicant City and State Movant John F. Beasley, Jr. Athens, GA John Franklin Beasley

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MONDAY, MARCH 1, 1999 591

Applicant City and State Movant Laura Christine Washington, DC Raymond C. Fay Fentonmiller Anne Marie Kelly Newark, NJ Eric Schnapper Janet E. Hill Athens, GA Margaret A. Harris Sujata Gupta Winfield Athens, GA Margaret A. Harris Daniel Thomas Bridgeport, CT Barbara Goodwin Brand Robert David Zaslow West Hartford, CT Barbara Goodwin Brand Andrew P. Taylor Newark, DE H. Kay Dailey James I. Menapace Poughkeepsie, NY H. Kay Dailey John C. Becker Camp Hill, PA H. Kay Dailey Katherine Cole Douglas Philadelphia, PA H. Kay Dailey Michael G. Fitzpatrick Doylestown, PA H. Kay Dailey Jill Case Fluck Camp Hill, PA H. Kay Dailey Mary McFall Hopper Philadelphia, PA H. Kay Dailey Jonathan Edward Keough Hummelstown, PA H. Kay Dailey Kathleen Baum Keough Hummelstown, PA H. Kay Dailey David E. Schwager Wilkes-Barre, PA H. Kay Dailey John Joseph Warenda, Jr. Morrisville, PA H. Kay Dailey Kurt Edward Williams Mechanicsburg, H. Kay Dailey PA Darryl Robin Wishard Williamsport, PA H. Kay Dailey

Oral Arguments No. 98208. Carole Kolstad, Petitioner v. American Dental Associa- tion. Argued by Mr. Eric Schnapper for the petitioner, by Mr. Seth P. Waxman for the United States as amicus curiae, by special leave of the Court, and by Mr. Raymond C. Fay for the respondent. No. 971909. Murphy Brothers, Inc., Petitioner v. Michetti Pipe Stringing, Inc. Argued by Ms. Deborah A. Smith for the petitioner and by Mr. J. David Pugh for the respondent.

Adjourned until Tuesday, March 2, 1999, at 10 o'clock.

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(JOURNAL) TUESDAY, MARCH 2, 1999 593 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. 971536. Arizona Department of Revenue, Petitioner v. Blaze Construction Company, Inc. On writ of certiorari to the Court of Ap- peals of Arizona, Division One. Judgment reversed, and case remanded to the Court of Appeals of Arizona, Division One, for further proceed- ings not inconsistent with the opinion of this Court. Opinion by Jus- tice Thomas. No. 979217. Manuel DeJesus Peguero, Petitioner v. United States. On writ of certiorari to the United States Court of Appeals for the Third Circuit. Judgment affirmed. Opinion by Justice Kennedy. Concur- ring opinion by Justice O'Connor, with whom Justice Stevens, Justice Ginsburg, and Justice Breyer join. No. 977164. Francois Holloway, aka Abdu Ali, Petitioner v. United States. On writ of certiorari to the United States Court of Appeals for the Second Circuit. Judgment affirmed. Opinion by Justice Stevens. Dissenting opinion by Justice Scalia. Dissenting opinion by Justice Thomas.

Admissions to the Bar on Oral Motions Applicant City and State Movant Nancy G. Miller Washington, DC James C. Duff William LaRue Daniel, II Louisville, KY James C. Duff Mary Leahy Farnan Springfield, VA James Edward Farnan Chester P. Care Lexington, KY James Edward Farnan Charles Marriott Kagay San Francisco, CA Donald C. Smaltz Kathryn Colleen Wallace New Orleans, LA Ariane Lauren DeSaussure Max W. Berger New York, NY Seth Richard Lesser Louis Craig Paul New York, NY Seth Richard Lesser

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594 TUESDAY, MARCH 2, 1999

Applicant City and State Movant Jonathan L. Bing New York, NY Sanford Jay Hausler Melvin A. Burruss New York, NY Sanford Jay Hausler Michelle M. Delgado New York, NY Sanford Jay Hausler Clyde Jay Eisman New York, NY Sanford Jay Hausler Margo Rachel Feingold New York, NY Sanford Jay Hausler Marilyn J. Flood New York, NY Sanford Jay Hausler Elliot Melvyn Rudick New York, NY Sanford Jay Hausler

Oral Arguments No. 98131. United States, Petitioner v. Sun-Diamond Growers of California. Argued by Mr. Robert W. Ray for the petitioner and by Mr. Eric W. Bloom for the respondent. No. 986. El Paso Natural Gas Company, et al., Petitioners v. Laura Neztsosie, et al. Argued by Mr. James R. Atwood for the petitioners, by Mr. Jonathan E. Nuechterlein for the United States as amicus cu- riae, by special leave of the Court, and by Mr. H. Bartow Farr, III, for the respondents.

Adjourned until Wednesday, March 3, 1999, at 10 o'clock.

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(JOURNAL) WEDNESDAY, MARCH 3, 1999 595 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. 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. On writs of certiorari to the United States Court of Appeals for the Fourth Circuit. Judgment vacated, and cases remanded to the United States Court of Appeals for the Fourth Circuit for further proceedings in conformity with the opinion of this Court. Opinion by Justice Breyer. Dissenting opinion by Justice O'Con- nor, with whom The Chief Justice joins, and with whom Justice Scalia and Justice Thomas join as to Part I. No. 961793. Cedar Rapids Community School District, Petitioner v. Garret F., a Minor By His Mother and Next Friend, Charlene F. On writ of certiorari to the United States Court of Appeals for the Eighth Circuit. Judgment affirmed. Opinion by Justice Stevens. Dissenting opinion by Justice Thomas, with whom Justice Kennedy joins. No. 972000. American Manufacturers Mutual Insurance Company, et al., Petitioners v. Delores Scott Sullivan, et al. 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 proceedings in conformity with the opinion of this Court. Opinion by The Chief Justice. Opinion by Justice Ginsburg concurring in part and concurring in the judgment. Opinion by Justice Breyer, with whom Justice Souter joins, concurring in part and concurring in the judgment. Opinion by Justice Stevens concurring in part and dissenting in part.

Admissions to the Bar on Oral Motions Applicant City and State Movant Jacques Daniel Farrell Lexington, KY Cynthia June Rapp Daniel Harlan Miller Lexington, KY Cynthia June Rapp

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596 WEDNESDAY, MARCH 3, 1999

Applicant City and State Movant C. William Swinford, Jr. Lexington, KY Cynthia June Rapp John A. Schultheis Spokane, WA Mary Beth Socha Nethercutt Lawrence DeMille-Wagman Washington, DC John F. Daly Lisabeth Kirk Rogers Tallahassee, FL Mark Evan Olive

Oral Arguments No. 971754. Immigration and Naturalization Service, Petitioner v. Juan Anibal Aguirre-Aguirre. Argued by Ms. Patricia A. Millett for the petitioner and by Ms. Nadine K. Wettstein for the respondent. No. 985864. Tommy David Strickler, Petitioner v. Fred W. Greene, Warden. Argued by Mr. Miguel A. Estrada for the petitioner and by Ms. Pamela A. Rumpz for the respondent.

Adjourned until Monday, March 8, 1999, at 10 o'clock.

Certiorari-Summary Disposition No. 981412. Terry Stewart, Director, Arizona Department of Cor- rections, et al., Petitioners v. Walter Burnhart LaGrand. On application to lift restraining order and petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Application to lift re- straining order entered by the United States Court of Appeals for the Ninth Circuit on March 3, 1999, presented to Justice O'Connor and by her referred to the Court granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted, and judgment summarily reversed. Per curiam opinion to follow.

Certiorari Denied No. 988343. Walter Burnhart LaGrand, Petitioner v. Arizona. 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 Arizona denied. Dissenting state- ment by Justice Breyer, with whom Justice Stevens joins.

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WEDNESDAY, MARCH 3, 1999 597 Opinion Per Curiam No. 981412. Terry Stewart, Director, Arizona Department of Cor- rections, et al., Petitioners v. Walter Burnhart LaGrand. On application to lift restraining order and petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment reversed, and injunctive order of the United States Court of Appeals for the Ninth Circuit vacated. Opinion per curiam. Statement by Justice Souter, with whom Justice Ginsburg and Justice Breyer join, concurring in part and concurring in the judgment. Dissenting statement by Justice Stevens.

Opinion No. 127, Original. Federal Republic of Germany, et al., Plaintiffs v. United States and Jane Dee Hull, Governor of Arizona. On application for temporary restraining order of preliminary injunction and motion for leave to file a bill of complaint. Motion of the Federal Republic of Germany for leave to file a bill of complaint and motion for preliminary injunction denied. Opinion per curiam. Concurring statement by Jus- tice Souter with whom Justice Ginsburg joins. Dissenting statement by Justice Breyer with whom Justice Stevens joins.

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(JOURNAL) MONDAY, MARCH 8, 1999 599 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice O'Connor, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer. The Chief Justice said: "As we open this morning, I announce with sadness that our friend and colleague Harry A. Blackmun, a former Justice of this Court, died on Thursday morning, March 4, 1999, at Arlington Hospital, in Arling- ton, Virginia. "Justice Blackmun was born in Nashville, Illinois, in 1908, and grew up in St. Paul, Minnesota. He received a scholarship to Harvard where he majored in mathematics and graduated summa cum laude. He re- ceived his law degree from Harvard Law School in 1932. "Justice Blackmun began his legal career serving as a law clerk to Judge John Sanborn on the United States Court of Appeals for the Eighth Circuit. After his clerkship, he spent sixteen years in private practice, specializing in taxation, litigation, wills, and estate planning. He then became the first resident counsel at the Mayo Clinic in Roches- ter, Minnesota, where he combined his love for law and medicine. In 1959, President Eisenhower nominated him to serve on the United States Court of Appeals for the Eighth Circuit, filling the vacant seat of Judge Sanborn for whom he had clerked 26 years earlier. After serv- ing nine years on the Eighth Circuit, he was appointed by President Nixon to a seat on the Supreme Court in June 1970. "Justice Blackmun was the 98th Justice to serve on the Court and served for nearly a quarter of a century. He spoke for the Court in more than 350 opinions. The publicity that the Roe v. Wade opinion received may have obscured many other important decisions he au- thored. Those include Mistretta v. United States, in which the Sentenc- ing Guidelines were held to be constitutional; Daubert v. Merrell Dow Pharmaceuticals, Inc., concerning the admissibility of scientific evi- dence in federal courts; and Virginia State Board of Pharmacy v. Vir- ginia Citizens Consumer Council, Inc., which opened new horizons on First Amendment protection of commercial speech, to name just three. He was a worthy successor to the predecessors in the seat which he occupied-Joseph Story, Oliver Wendell Holmes, Benjamin Cardozo, and Felix Frankfurter. He will be missed by his friends throughout the judiciary and the country. "I speak for the members of this Court in expressing our profound sympathy to Mrs. Blackmun, and his daughters Nancy, Sally, and

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600 MONDAY, MARCH 8, 1999 Susan, and to his grandchildren. The recess this Court takes today will be in his memory. At an appropriate time, the traditional memorial observance of the Court and the Bar of the Court will be held in this Courtroom." 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. 987771. Barbara Schwarz, Petitioner v. National Security Agency, et al.; and No. 987782. Barbara Schwarz, Petitioner v. Executive Office of the President, et al. On motions for leave to proceed in forma pauperis. Motions of petitioner for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner allowed until March 29, 1999, within which to pay docketing fees required by Rule 38(a) and to submit petitions in compliance with Rule 33.1 of the Rules of this Court. Opinion per cu- riam. Dissenting statement by Justice Stevens. Certiorari-Summary Disposition No. 98836. Immigration and Naturalization Service, et al., Petition- ers v. Daniel Magana-Pizano; and No. 981011. Daniel Magana-Pizano, Petitioner v. Immigration and Naturalization Service, et al. On petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit. Petitions for writs of certiorari granted. Judgment vacated, and cases remanded to the United States Court of Appeals for the Ninth Circuit for further consideration in light of Reno v. American-Arab Anti-Discrimination Committee, 525 U. S. (1999). Orders In Pending Cases No. A584. Jesse Monroe, Petitioner v. Michael Bading, Sheriff, Caldwell County. Application for a certificate of appealability ad- dressed to Justice Ginsburg and referred to the Court denied. No. 98231. Grupo Mexicano De Desarrollo, S. A., et al., Petitioners v. Alliance Bond Fund, Inc., et al. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument denied. No. 98387. Greater New Orleans Broadcasting Association, Inc., etc., et al., Petitioners v. United States, et al. Motion of petitioners to dispense with printing the joint appendix granted.

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MONDAY, MARCH 8, 1999 601 No. 98436. John H. Alden, et al., Petitioners v. Maine. Motion of the Solicitor General for divided argument granted. No. 987547. Richard M. Cross, Petitioner v. Pelican Bay State Prison, et al.; No. 987548. Richard M. Cross, Petitioner v. Steven Cambra, Warden; No. 987550. Richard M. Cross, Petitioner v. Pelican Bay State Prison, et al.; and No. 987551. Richard M. Cross, Petitioner v. Pelican Bay State Prison, et al. Motions of petitioner for leave to proceed in forma pau- peris denied. See Rule 39.8. Petitioner allowed until March 29, 1999, within which to pay docketing fees required by Rule 38(a) and to sub- mit petitions in compliance with Rule 33.1 of the Rules of this Court.

Certiorari Granted

No. 98896. Mark Rotella, Petitioner v. Angela M. Wood, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit granted. No. 981037. George Smith, Warden, Petitioner v. Lee Robbins. 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 granted.

Certiorari Denied

No. 97526. Marlena Ramallo, 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. 979553. Terrick Alfred Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 98512. Anita Davis, Lee Harris, LaFaye Denise Birch, Malachi Andrews, and Kim T. Lyles, Petitioners v. Jeb Bush, Governor of Flor- ida, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 98704. Sommerdyke Estate, Petitioner v. City of Kentwood. Petition for writ of certiorari to the Supreme Court of Michigan denied. No. 98724. Charles Cunningham, aka "Chuck", 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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602 MONDAY, MARCH 8, 1999 No. 98730. Janet Reno, Attorney General, et al., Petitioners v. Maria Walters, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98751. Hecla Mining Company, Petitioner v. Washington Wil- derness Coalition, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98764. Morton Community Unit School District No. 709, Peti- tioner v. J. M., a Minor, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 98835. Janet Reno, Attorney General, et al., Petitioners v. Raul Pereira Goncalves. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 98932. Dominick LaRosa, et ux., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 98959. Precision Cutting Services, Inc., Petitioner v. King Ocean Central America, S. A. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 98970. Willem Ridder, et al., Petitioners v. Office of Thrift Su- pervision, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 98996. Janet Reno, Attorney General, et al., Petitioners v. Saul Navas, et al.; and No. 981160. Saul Navas, et al., Petitioners v. Janet Reno, Attorney General, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 981007. Craig P. Wallin, Petitioner v. Minnesota Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 981025. Vickie L. Edwards and Kathleen Rose McCaulley, Peti- tioners v. City of Santa Barbara; and No. 981074. City of Santa Barbara, Petitioner v. Vickie L. Edwards and Kathleen Rose McCaulley. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981055. Amelia E. Edwards, Petitioner v. Steven M. Clarke. Petition for writ of certiorari to the Supreme Court of Rhode Island denied. No. 981063. John D. Shade, Petitioner v. Great Lakes Dredge & Dock Company; and

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MONDAY, MARCH 8, 1999 603 No. 981228. Great Lakes Dredge & Dock Company, Petitioner v. John D. Shade. Petitions for writs of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 981064. American Academy of Pain Management, et al., Peti- tioners v. Ronald Joseph, etc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981065. Indianapolis Power & Light Company, Petitioner v. Pennsylvania Public Utility Commission, et al. Petition for writ of cer- tiorari to the Commonwealth Court of Pennsylvania denied. No. 981079. Mary Carole Halicki, Petitioner v. Louisiana Casino Cruises, Incorporated, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 981085. Ashok K. Gumbhir, Petitioner v. Curators of the Uni- versity of Missouri, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 981091. Time Warner Entertainment Co., L. P., et al., Petition- ers v. Patsy Ann Byers, et al. Petition for writ of certiorari to the Court of Appeal of Louisiana, First Circuit, denied. No. 981103. Gene Hazzard, Petitioner v. Joseph D. Howard, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981104. Phillip A. Davidson, Petitioner v. Susan Hubbard, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 981108. Jay F. Schachter, Petitioner v. Linda E. Schachter. Pe- tition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 981119. Joseph D. Jones, 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. 981123. Maria V. Carmona, Petitioner v. Department of Treas- ury. Petition for writ of certiorari to the United States Court of Ap- peals for the Federal Circuit denied. No. 981126. Ronald Bret Cass, Petitioner v. Tennessee. Petition for writ of certiorari to the Court of Criminal Appeals of Tennessee, West- ern Division, denied. No. 981136. Roger L. Easley and Brian J. Terrill, Petitioners v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Third District, denied.

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604 MONDAY, MARCH 8, 1999 No. 981141. Marina de Larracoechea Azumendi, Petitioner v. Pan American World Airways, Inc., et al. Petition for writ of certiorari to the District Court of Appeal of Florida, Third District, denied. No. 981150. Bradley Berry and Donna David Elliott, Administra- trix of the Estate of Charles Elliott, Deceased, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 981162. David K. Sumrell, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 981184. Earl E. Hosey, Jr., Petitioner v. Linda M. Hosey. Peti- tion for writ of certiorari to the Supreme Court of Mississippi denied. No. 981199. Frank Stavroff, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 981200. Elaine Zee, Plan Administrator of Lighting World, Inc., Employees Profit-Sharing Plan, et al., Petitioners v. Corinne Belfer, Executrix of the Estate of Norbert S. Belfer, Deceased. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 981208. Gamachu Mekonine Beyena, Petitioner v. William Hen- derson, Postmaster General. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 981214. Clarence G. Punke, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 981221. In Re Clarence Murphy, Petitioner; and No. 981222. Clarence Murphy, Petitioner v. Planned Parenthood of Greater Iowa, Inc. Petitions for writs of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 981233. Thirl Chavis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 981249. Edward D. Cowhig, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 981254. Robert L. Peeler, Sr., 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 8, 1999 605 No. 981259. Leon Patillo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981263. Estate of Clyde L. Rinaldi, Deceased, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 987182. Paul Clarence Bolin, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. No. 987437. E. Dean Soltesz, Petitioner v. Diversitec Image Tech- nology, Inc., et al. Petition for writ of certiorari to the Court of Appeals of Ohio, Lucas County, denied. No. 987438. Tom G. Rodriguez, Petitioner v. Steven Cambra, Jr., Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987451. Renee Reynolds, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 987452. Ruben T. Hernandez, Petitioner v. Robert Ayres, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987453. Lawtis Donald Rhoden, Petitioner v. Donal Campbell, Commissioner, Tennessee Department of Correction, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987459. Susan Baba, Petitioner v. Marc L. Silverman, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 987460. Susan Baba, Petitioner v. Gi Ung Kim, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 987462. Lincoln Harrison Scott, Petitioner v. D. Mayle, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987463. Preston L. Scarbrough, Petitioner v. Aetna Life Insur- ance Company. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 987476. James Michael MacPhee, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied.

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606 MONDAY, MARCH 8, 1999 No. 987477. James David Majors, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. No. 987487. Earnest Kinney, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 987490. Nate M. Oliver, Petitioner v. Stephen G. Kolody. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 987491. Mitchell Jackson, Petitioner v. Nicholas A. Whittle, et al. Petition for writ of certiorari to the District Court of Appeal of Florida, Second District, denied. No. 987500. Timothy James McVeigh, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 987505. Frederick Pennington, Jr., Petitioner v. W. Oglesby, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 987506. Frederick Pennington, Jr., Petitioner v. Mike Huck- abee, Governor of Arkansas, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 987511. Nicholas B. Daddazio, Petitioner v. New York. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 987514. Richard Herman Ford, Petitioner v. Suzan Hubbard, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987515. Lazaro Mendive Gonzalez, Petitioner v. Robert A. Wal- lis, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987518. James M. DeBardeleben, Petitioner v. Bill Hedrick, Warden, et al.; and James M. DeBardeleben, Petitioner v. Bill Hedrick, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 987521. Amiralli E. Shroff, Petitioner v. Fabulous Vacations. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987522. Angel Rodriguez, Petitioner v. Onwards Inc., 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 8, 1999 607 No. 987526. Howard Browning, Petitioner v. Jean E. Matusinka, Judge, Superior Court of Los Angeles County-Southwest District. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987528. Paul W. Cousino, Petitioner v. James F. Nowicki, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987538. Wesley Cureton, Petitioner v. Henry D. Alford, Super- intendent, Gulf Correctional Institution. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 987542. Richard C. White, Petitioner v. Colorado, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 987546. Robert Lee Butler, Petitioner v. George Grigas, War- den. Petition for writ of certiorari to the Supreme Court of Nevada denied. No. 987549. Richard M. Cross, Petitioner v. Robert L. Ayers, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 987593. Larry Kenneth Jackson, Petitioner v. Oklahoma. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Okla- homa denied. No. 987594. Andrew Johnson, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 987673. Carlos Thurman, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied. No. 987678. Donald Armstrong, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 987687. Randy C. Daugherty, Petitioner v. Thomas F. Page, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 987748. Anthony M. Esparza, Petitioner v. Deputy Warden Trijjilo. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987801. Frank Sowers, 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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608 MONDAY, MARCH 8, 1999 No. 987802. Rebecca Stewart, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987803. Jim Newton Barr, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987847. James Jones, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 987849. Anthony Jerome Wilson, Petitioner v. Thomas Corco- ran, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987856. William Jules Bourgeois, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987859. Michael Caldwell, Petitioner v. Michael T. Maloney, Commissioner, Massachusetts Department of Correction. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 987863. Donald Jeffrey Dennis, Terrance Cooper, Larry Neal, Derrick Slaughter, Quintin Stephen, and Horace Slaughter, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987865. Alonzo Frank, Petitioner v, United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987877. Roger C. Williams, 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. 987882. Joe Don Washington, Petitioner v. South Carolina, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987884. Joel Ray Jordan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 987885. Leonida Lidman, Petitioner v. Department of State, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 987893. William Stephens, Petitioner v. United States; and

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MONDAY, MARCH 8, 1999 609 No. 988035. Reginald Woods, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 987899. Eddie Eugene Norris, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987907. John Derrick Skipper, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987935. Richard D. Deaton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 987941. Melvin Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 987956. Karriem Muhammad, Petitioner v. United States. Peti- tion for writ of certiorari to the District of Columbia Court of Ap- peals denied. No. 987957. Mark A. Murdock, Petitioner v. Commissioner of Inter- nal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987961. Kelly Spencer Macon, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987962. Clinton Alfonso Marsh, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 987963. Nicholas A. Martin, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987966. Josue Carmona, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987968. James V. Mays, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987969. Larry D. Burch, 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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610 MONDAY, MARCH 8, 1999 No. 987980. Dennis Robinson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 987984. Clarence Ray South, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 987988. Gerardo Delgado-Munoz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 987991. Jerome Curtis Fitzgerald, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987995. Hao Hoang Ho, aka Tommy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987997. Daniel Paul Devorkin, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987998. Arlin Edward Raney, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988001. Robert Rich, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988003. Thomas B. Landon, Petitioner v. United States. Peti- tion for writ of certiorari to the District of Columbia Court of Ap- peals denied. No. 988005. Deon Lorenzo Lyons, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988009. Michael Santoyo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988010. Amin A. Rashid, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 988021. Joe Allan Bounds, 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 8, 1999 611 No. 988029. Keith Eric Saunders, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988031. Jackie Clay, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 988032. Terry Wayne Cooper, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988036. John Herbert Talley, aka Hot Rod, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988037. James Adams Watts, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988038. Aaron Darryl Thomas, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988040. Felton Anthony Wiggins, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 98684. Idaho, Petitioner v. United States; and No. 98706. Jerry L. Hoagland, et al., Petitioners v. United States. Petitions for writs of certiorari to the Supreme Court of Idaho denied. Justice O'Connor would grant the petitions for writs of certiorari. No. 98983. Cecilia Lacks, Petitioner v. Ferguson-Florissant Reorga- nized School District, R-2. Motion of Pen American Center, 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 Eighth Circuit denied.

Habeas Corpus Denied

No. 988092. In Re Justo Richards, Petitioner. Petition for writ of habeas corpus denied.

Rehearings Denied

No. 986177. John Montford, Petitioner v. Metropolitan Dade County, et al.;

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612 MONDAY, MARCH 8, 1999 No. 986178. John Montford, Petitioner v. Metropolitan Dade County Police Department, et al.; No. 986518. Gwendolyn M. Baldwin, Petitioner v. Superior Court of the District of Columbia; No. 986599. Paul Nathaniel Boulineau, Petitioner v. Ray Wozniak, et al.; No. 986605. Billy R. McClanahan, Petitioner v. Wellmore Coal Corporation; No. 986720. Frank M. Peck, Jr., Petitioner v. Robert G. Chafin, Judge, Circuit Court of West Virginia, Wayne County, et al.; No. 986873. Jack West, Jr., Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division; No. 987011. Rosetta Sumter, Petitioner v. National Labor Relations Board; and No. 987044. Roberta S. Thomas, Petitioner v. Department of the Navy. Petitions for rehearing denied. Attorney Discipline No. D2013. In the Matter of Disbarment of Robert L. Rehberger. Disbarment order entered. No. D2049. In the Matter of Disbarment of Charles A. McGee. Charles A. McGee, of Fort Payne, 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. No. D2050. In the Matter of Disbarment of Edward Hamilton Phil- lips. Edward Hamilton Phillips, 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. D2051. In the Matter of Disbarment of John All Burgess. John All Burgess, of South Burlington, Vermont, 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 Stuart E. Alexander, III Louisville, KY C. Thomas Hectus William West Allen Las Vegas, NV Stacie L. Brown Loren Jay Allen Troy, MI David Buckfire

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MONDAY, MARCH 8, 1999 613

Applicant City and State Movant Helene Allan Alt Austin, TX Cecil Jay Francisco, III Stephen A. Alterman Washington, DC N. Marshall Meyers Andrew R. Anderson Decorah, IA Douglas R. Marek Linda Ann Ash Cincinnati, OH Frank C. Woodside, III Andrew S. Auchincloss New York, NY Edward F. Rover John William Barrett Milwaukee, WI Jon Walter Sanfilippo Timothy L. Belcher Bowdoinham, ME Jonathan P. Hiatt Edward R. Benjamin, Jr. Portland, ME James M. Bowie Steven Lee Blakely Terre Haute, IN Thomas Roy Smith Timothy Stewart Bland Memphis, TN Brian Lawrence Kuhn Michael Joseph Breslin Washington, DC Jeffrey T. Infelise Cynthia Faye Burham Las Vegas, NV Vincent Robert Johnson David C. Bury Tucson, AZ James Michael Moeller Gisela Caldwell San Diego, CA Mary Newcombe Dennis James Candelaria Las Cruces, NM Robert Elmonte Kinney Bryan Robert Clark Las Vegas, NV William A. S. Magrath, II Darren Keith Coleman Longview, TX T. John Ward Michael T. Cooke Fort Worth, TX Jonathan T. Suder David J. Cynamon Washington, DC Jack McKay Derek A. Danielson Los Angeles, CA Myles L. Berman Michael Andrew Dawson Alexandria, VA Bobby R. Burchfield John Forth Dickinson Jacksonville, FL Patrick D. Coleman Jeffrey D. Dillman Yellow Springs, Deborah LaBelle OH R. Rogge Dunn Dallas, TX Bryan C. Collins Gregory R. Ellis San Francisco, CA George P. Schiavelli

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614 MONDAY, MARCH 8, 1999

Applicant City and State Movant N. Gordon Fitzgerald Rolling Hills Nanci Eiko Estate, CA Nishimura Brian A. Foster San Diego, CA Mary Alice Lehman Bruce Merlin Fried Washington, DC Jack McKay Jean Kamm Gage Tucson, AZ Andrew James Petersen John T. Gallagher New York, NY John F. Sweeney Dara J. Goldsmith Las Vegas, NV Timothy Louis Palazzo Andrew Patrick Gordon Las Vegas, NV William A. S. Magrath, II Barry Dale Grant Alexandria, VA Alfred Frank Arquilla Priscilla F. Gunn St. Louis, MO James Bennett Clark Robert Hugh Gutzwiller Cincinnati, OH Francis David James Albanese Marjorie A. Guymon Las Vegas, NV Timothy Louis Palazzo Gary L. Guymon Las Vegas, NV Timothy Louis Palazzo William Perry Hall Mobile, AL Roderick P. Stout W. Marc Hardesty Jacksonville, FL Wm. J. Sheppard Brandon Hornsby Atlanta, GA Robert E. Keller Marshall Humphrey, III Tucson, AZ Andrew James Petersen Jake Jones, III Oklahoma City, Laurie W. Jones OK Patricia P. Kerner Raleigh, NC Gary Stephen Parsons Stephen Blake Kinnaird Washington, DC Honorable Anthony M. Kennedy, Associate Justice of the Supreme Court Lynn Kirsch Las Vegas, NV William P. Curran James Anthony Klenkar Winchester, VA Gregory William Bowman

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MONDAY, MARCH 8, 1999 615

Applicant City and State Movant Pamela R. Lawson Las Vegas, NV C. Stanley Hunterton Jason Alan Levine Washington, DC Judge Randall R. Rader Thomas E. Maddox, Jr. Atlanta, GA Ralph Goldberg Shawn Patrick Martin Cleveland, OH John Brendan Gibbons Anna Maria Martin San Francisco, CA Joseph Marion Rimac, Jr. Matthew Thomas Houston, TX Joel R. White McCracken Walter Frederic McKee Augusta, ME Robert J. Stolt Steven R. Milch Billings, MT Bruce A. Fredrickson Michael R. Morow Indianapolis, IN William Walter Kurnik Robert William Morris New York, NY Kevin James Culligan Jarrell L. Murchison Tallahassee, FL Richard Allen Gilbert Gerard R. O'Meara Tucson, AZ Andrew James Petersen Thomas P. Ogden New York, NY Lewis B. Kaden George F. Ogilvie, III Las Vegas, NV William A. S. Magrath, II Stephen H. Orel New York, NY Sheila Hermes Marshall Mary Olive Pierson Baton Rouge, LA William H. Cooper Alan Brent Rabkin Stateline, NV Alan J. Berkeley J. Gail Rahn Charleston, SC Morris Dawes Cooke, Jr. Joseph M. Ramirez Pittsburgh, PA William B. Mallin David Curtis Ray Huntington, WV Edward Martin Kowal, Jr. Daniel I. S. J. Rey-Bear Albuquerque, NM Paul E. Frye David Alan Rolf Springfield, IL John Alan Kauerauf Randi Ilyse Roth St. Paul, MN Kurt Michael Anderson

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616 MONDAY, MARCH 8, 1999

Applicant City and State Movant Patricia D. Rourke Port Orchard, WA Montell Eugene Hester Joel Rudd Phoenix, AZ Theodore Campagnolo Robert Neil Rushakoff Chicago, IL Philip Todd Wold Frank Mitchell Sandler Phoenix, AZ John J. Relihan Michael William Sandner Dayton, OH Andrew C. Storar Michael A. Santoki Sacramento, CA Joan W. Cavanagh Herbert Joseph Santos, Jr. Reno, NV Stacie L. Brown Mary E. Schellhammer Johnstown, PA George B. Kaufman Stephen A. Seideman Los Angeles, CA Richard H. Levin Ellen M. Sfikas Chicago, IL Peter M. Sfikas Nina Shore Frederick, MD Hannah E. M. Lieberman Anne Katherine Shuttee Dallas, TX H. Robert Powell Jeffrey A. Silvestri Las Vegas, NV William A. S. Magrath, II Linda D. Smith Salt Lake City, Jeffrey Weston UT Shields Anne Marie Solberg Minneapolis, MN Larry A. Bakken Douglas William Stearn Arlington, VA Douglas Ross Valerie Lynn Stewart San Francisco, CA Jerrold M. Ladar Jerome C. Ware Marietta, GA Jerome Joseph Froelich, Jr. David S. Wisz Raleigh, NC Gary Stephen Parsons Joan Wolff San Francisco, CA Ellis J. Horvitz Debra L. Zumwalt Palo Alto, CA Kevin Murray Fong

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

Christopher Alan Nelson St. Louis Park, Karin Marie Hope MN Jeffrey W. Jacobs St. Louis Park, Karin Marie Hope MN Martin Lee Sims Gallatin, TN John DeWitt Altenburg, Jr.

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MONDAY, MARCH 8, 1999 617

Applicant City and State Movant Mary E. Hartman Flagstaff, AZ John DeWitt Altenburg, Jr. Lorianne M. Campanella Charlottesville, John DeWitt VA Altenburg, Jr. John M. Schum Oceanside, CA John DeWitt Altenburg, Jr. Barry John Stephens Kennewick, WA John DeWitt Altenburg, Jr. Walter R. Dukes Fayetteville, NC John DeWitt Altenburg, Jr. Kary B. Reed Orlando, FL John DeWitt Altenburg, Jr. Matthew J. Gilligan Charlottesville, John DeWitt VA Altenburg, Jr. Thomas C. Modeszto Chicago, IL John DeWitt Altenburg, Jr. Jeffry Scott Brady Charlottesville, John DeWitt VA Altenburg, Jr. Daniel J. Cowhig Lenox, MA John DeWitt Altenburg, Jr. Ralph J. Tremaglio, III Charlottesville, John DeWitt VA Altenburg, Jr. John Patrick Carrell St. Paul, MN John DeWitt Altenburg, Jr. James Harvey Robinette, II Springfield, MO John DeWitt Altenburg, Jr. Mark David Maxwell Fayetteville, NC John DeWitt Altenburg, Jr. Joseph August McCloskey, Sparks, NV John DeWitt IV Altenburg, Jr. Everett F. Yates Charlottesville, John DeWitt VA Altenburg, Jr. Robert K. Fricke Charlottesville, John DeWitt VA Altenburg, Jr. David Lee Willson Charlottesville, John DeWitt VA Altenburg, Jr. Scott Enlow Roderick Canton, OH John DeWitt Altenburg, Jr. Michael G. Seidel Charlottesville, John DeWitt VA Altenburg, Jr.

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618 MONDAY, MARCH 8, 1999

Applicant City and State Movant Steven B. Weir Charlottesville, John DeWitt VA Altenburg, Jr. James R. Agar, II Delta Junction, John DeWitt AK Altenburg, Jr. Corey Lorren Bradley Florence, OR John DeWitt Altenburg, Jr. Christina H. Wesley Portland, OR John DeWitt Altenburg, Jr. Michele Edwards Williams Charlottesville, John DeWitt VA Altenburg, Jr. James Paul LaRusch Buffalo, NY John DeWitt Altenburg, Jr. Robert Alexander Sanders Charlottesville, John DeWitt VA Altenburg, Jr. Mark Stanley Teskey Pittsburgh, PA John DeWitt Altenburg, Jr. Keric B. O. Chin San Antonio, TX John DeWitt Altenburg, Jr. John Benjamin Wells, III Charlottesville, John DeWitt VA Altenburg, Jr. Gregory G. Woods Charlottesville, John DeWitt VA Altenburg, Jr. Therese M. O'Brien Charlottesville, John DeWitt VA Altenburg, Jr. Brian Joseph Godard Cody, WY John DeWitt Altenburg, Jr. Mark Leroy Johnson Sheridan, WY John DeWitt Altenburg, Jr. James Patrick Kelly Wilmington, DE Judge Randy J. Holland Ann Conaway Anker Wilmington, DE Judge Randy J. Holland Nicholas Robert Bischoff Wilmington, DE Judge Randy J. Holland Thomas Parkinson Collins Wilmington, DE Judge Randy J. Holland Claire Marie DeMatteis Wilmington, DE Judge Randy J. Holland Sherry L. Freebery New Castle, DE Judge Randy J. Holland

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MONDAY, MARCH 8, 1999 619

Applicant City and State Movant Patricia Elaine Hall Wilmington, DE Judge Randy J. Holland Lawrence A. Hamermesh Wilmington, DE Judge Randy J. Holland Mary Bush Hickok Wilmington, DE Judge Randy J. Holland Arthur M. Krawitz Wilmington, DE Judge Randy J. Holland Elizabeth Barnes Lewis Wilmington, DE Judge Randy J. Holland Vivian Medinilla Longo Wilmington, DE Judge Randy J. Holland Eldon Maitland Robinson Wilmington, DE Judge Randy J. Holland Michael I. Silverman Wilmington, DE Judge Randy J. Holland Leif R. Sigmond Jr. Chicago, IL Judge Randy J. Holland John P. Downs Wilmington, DE Judge Randy J. Holland Catherine A. Ferguson St. Michaels, MD Judge Randy J. Holland John G. Achille Brookville, PA Judge Randy J. Holland Anthony John Beldecos Narberth, PA Judge Randy J. Holland Richard Breen, Jr. Lafayette Hill, PA Judge Randy J. Holland Eileen Blackman Cooper Wilmington, DE Judge Randy J. Holland Frank C. DePasquale, Jr. Philadelphia, PA Judge Randy J. Holland David H. Denenberg Philadelphia, PA Judge Randy J. Holland Tina Marie DiGiacomo Philadelphia, PA Judge Randy J. Holland Kenneth David Federman Richboro, PA Judge Randy J. Holland Steven Brian Fisher Harrisburg, PA Judge Randy J. Holland

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620 MONDAY, MARCH 8, 1999

Applicant City and State Movant Cary L. Flitter Narberth, PA Judge Randy J. Holland S. Walter Foulkrod, IV Harrisburg, PA Judge Randy J. Holland Gina Renee Furia Philadelphia, PA Judge Randy J. Holland Jeffrey Lee Goodman Philadelphia, PA Judge Randy J. Holland Paul J. Haaz Philadelphia, PA Judge Randy J. Holland Randall L. Hartman New Cumberland, Judge Randy J. PA Holland Noreen P. Kemether Philadelphia, PA Judge Randy J. Holland James Francis Kilcur Philadelphia, PA Judge Randy J. Holland Andrew D. Klein Philadelphia, PA Judge Randy J. Holland David B. Kline Havertown, PA Judge Randy J. Holland Bruce W. Laverty West Chester, PA Judge Randy J. Holland Louis Wm. Martini, Jr. Upper Darby, PA Judge Randy J. Holland Anthony Eugene Miley Gettysburg, PA Judge Randy J. Holland Bruce Martin Mundorf Clarksboro, NJ Judge Randy J. Holland Arthur Stephen Novello Philadelphia, PA Judge Randy J. Holland Richard Lee Rudow Philadelphia, PA Judge Randy J. Holland Fincourt B. Shelton Philadelphia, PA Judge Randy J. Holland Charles William Shilling Harrisburg, PA Judge Randy J. Holland Anthony J. Voci, Jr. Philadelphia, PA Judge Randy J. Holland Robert M. Bloom Newton, MA Daniel Robert Coquillette

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MONDAY, MARCH 8, 1999 621

Applicant City and State Movant James Michael Cantwell Marshfield, MA Daniel Robert Coquillette Kevin William Donnelly Walpole, MA Daniel Robert Coquillette Phyllis Kalmis Kolman Cambridge, MA Daniel Robert Coquillette William A. McCormack Boston, MA Daniel Robert Coquillette Janice L. Moore Boston, MA Daniel Robert Coquillette Robert J. Moore Lexington, MA Daniel Robert Coquillette Mark W. Murphy Southborough, Daniel Robert MA Coquillette Ann L. Palmieri Boston, MA Daniel Robert Coquillette Lois Blum Reitzas Fall River, MA Daniel Robert Coquillette Margaret S. Travers Boston, MA Daniel Robert Coquillette Saheed William Dahar, II Manchester, NH Daniel Robert Coquillette Joseph F. Deegan, Jr. Perth Amboy, NJ Daniel Robert Coquillette Eliot H. Zuckerman New York, NY Daniel Robert Coquillette Alicia R. Coleman Columbus, OH Daniel Robert Coquillette

Adjourned until Monday, March 22, 1999, at 10 o'clock.

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(JOURNAL) TUESDAY, MARCH 9, 1999 623 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. 988295. George Adrian Quesinberry, Petitioner v. John Taylor, Warden. Application for stay of execution of sentence of death and for leave to file amended petition for writ of certiorari 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 and for leave to file amended petition for writ of certiorari.

Certiorari Denied No. 988404. Roy Roberts, Petitioner v. Michael Bowersox, Superin- tendent, Potosi Correctional Center. 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 certiorari to the Supreme Court of Missouri denied.

Habeas Corpus Denied No. 988405. In Re Roy Roberts, 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, MARCH 16, 1999 625 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. 988476. Andrew Kokoraleis, 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) FRIDAY, MARCH 19, 1999 627 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. 988046. In Re Charles Rector, Petitioner. Petition for writ of habeas corpus denied.

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(JOURNAL) MONDAY, MARCH 22, 1999 629 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. 981071. Central State University, Petitioner v. American Asso- ciation of University Professors, Central State University Chapter. On petition for writ of certiorari to the Supreme Court of Ohio. Petition for writ of certiorari granted, judgment reversed, and case remanded to the Supreme Court of Ohio for further proceedings not inconsistent with the opinion of this Court. Opinion per curiam. Concurring opinion by Justice Ginsburg, with whom Justice Breyer joins. Dissenting opin- ion by Justice Stevens. No. 987450. Vincent F. Rivera, Petitioner v. Florida Department of Corrections. On motion of petitioner for leave to proceed in forma pauperis. Motion for leave to proceed in forma pauperis denied. Opin- ion per curiam. Dissenting statement by Justice Stevens.

Orders In Pending Cases

No. M46. Mark C. Hairston, Petitioner v. New York State Depart- ment of Social Services. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M47. Theron J. Bartell, Petitioner v. Francis Marion Univer- sity, et al. Motion to direct the Clerk to file a petition for writ of certio- rari out-of-time denied. No. M48. John C. Kucej, Petitioner v. Zoning Commission, Town of Stratford. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M49. Paul J. Ruffin, Petitioner v. Maryland, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M51. Thomas Harrison Provenzano, Petitioner v. Harry K. Sin- gletary, Jr., Secretary, Florida Department of Corrections. Motion to

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630 MONDAY, MARCH 22, 1999 direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M52. Edwin Wesley Banker, et ux., Petitioners v. John Rank. Motion to direct the Clerk to file a petition for writ of certiorari out-of- time denied. No. M50. Fanning, Phillips & Molnar, Petitioner v. Togo West, Jr., Secretary of Veterans Affairs, et al. Motion to direct the Clerk to file a petition for writ of certiorari submitted by Gary Molnar, pro se and agent for petitioner, denied. No. 981441. Ernest C. Roe, Warden, Petitioner v. Lucio Flores Or- tega. Application for stay addressed to Justice Kennedy and referred to the Court denied. No. 987649. Vincent Faustino Rivera, Petitioner v. Ellen Rush, et al. Motion of petitioner for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner allowed until April 12, 1999, 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. 987904. In Re Delbert H. Reidt, Petitioner. Motion of petitioner for leave to proceed in forma pauperis denied. See Rule 39.8. Peti- tioner allowed until April 12, 1999, 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. 98818. Harold F. Rice, Petitioner v. Benjamin J. Cayetano, Gov- ernor of Hawaii. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted. No. 981170. Leonard Portuondo, Superintendent, Fishkill Correc- tional Facility, Petitioner v. Ray Agard. 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 granted.

Certiorari Denied

No. 98757. Days Inns of America, Inc., et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 98766. Mark Stafford Robinson, 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, MARCH 22, 1999 631 No. 98825. Amiel Cueto, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 98826. Barbara Haines, Petitioner v. Togo D. West, Jr., Secre- tary of Veterans Affairs. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 98950. Glen H. Sengpiel, et al., Petitioners v. B. F. Goodrich Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 98957. Sharper Image Corporation, Petitioner v. Florida De- partment of Revenue. Petition for writ of certiorari to the District Court of Appeal of Florida, First District, denied. No. 98961. William L. Miller, Petitioner v. J. D. Abrams, Incorpo- rated; and No. 981120. J. D. Abrams, Incorporated, Petitioner v. William L. Miller. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 98989. Quality Professional Nursing, Inc., et al., Petitioners v. Bethesda Memorial Hospital, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 981008. Earl Foreman, et al., Petitioners v. AS Mid-America, Inc. Petition for writ of certiorari to the Supreme Court of Nebraska denied. No. 981044. Chi-Ming Chow, Petitioner v. Van Buren Township, et al. Petition for writ of certiorari to the Court of Appeals of Michigan denied. No. 981093. Adco Oil Company, Petitioner v. Home Insurance Com- pany of Illinois. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 981094. Frank J. Schiffner, Petitioner v. Motorola, Inc. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 981098. J. Howard Flint, Jr., and Carlon S. Flint, Petitioners v. Eva L. Davis, Executrix of the Estate of Ida L. Flint, Deceased. Peti- tion for writ of certiorari to the Circuit Court of Virginia, Loudoun County, denied. No. 981099. AK Steel Corporation, Petitioner v. Jeff Chamberlain, et al. Petition for writ of certiorari to the Supreme Court of Ohio denied.

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632 MONDAY, MARCH 22, 1999 No. 981106. ACM Partnership, 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. 981113. Edward J. Spellacy, Jr., et al., Petitioners v. Air Line Pilots Association-International, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 981116. George Samaras, Petitioner v. AFC Enterprises, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 981122. Abdul Aziz, Petitioner v. Orbital Science Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 981125. Donald E. Kotecki, et ux., Petitioners v. City of Peru. Petition for writ of certiorari to the Appellate Court of Illinois, Third District, denied. No. 981128. Vermilion Corporation, Petitioner v. Sam Green. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 981133. Sherwin-Williams Company, Petitioner v. New York State Teamsters Conference Pension and Retirement Fund. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 981138. Michael A. Scott, Petitioner v. Norfolk Southern Cor- poration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 981145. Arthur J. Brewster, Petitioner v. Board of Education of Lynwood Unified School District, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981146. Daniel Schleifer, a Minor by Barry Schleifer, et al., Petitioners v. City of Charlottesville. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 981147. William Van Poyck, Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 981148. Dennis Campbell, Sr., et ux., As Next Friends of Den- nis Campbell, Jr., Petitioners v. Butch McAlister. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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MONDAY, MARCH 22, 1999 633 No. 981151. James Constant, Petitioner v. Advanced Micro-Devices, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981154. ABF Freight System, Inc., Petitioner v. Rick Webb. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 981164. Robert N. Colwell, Charles R. Ellinger, and Richard H. Abrams, Jr., Petitioners v. Suffolk County Police Department, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 981166. Ofik Nazaryan and Henrik Dilanian, Petitioners v. James R. Simpson and Dona Bracke. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981169. Maria Baxter, et al., Petitioners v. Holy Cross Hospital of Silver Spring, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 981174. Branchburg Plaza Associates, L.P., Petitioner v. Wil- liam Fesq. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 981176. Insituform Technologies, Inc., et al., Petitioners v. Cat Contracting, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 981182. Steven Gold, et al., Petitioners v. George Harrison, et al. Petition for writ of certiorari to the Supreme Court of Hawaii denied. No. 981183. Anderson Community School Corporation, Petitioner v. James Randall Willis, II, by His Next Friend and Father, James Randall Willis. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 981186. Donnie Franklin Collum, Petitioner v. Burl Cain, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. No. 981190. Wisconsin Central Limited, Petitioner v. Baltimore and Ohio Chicago, Terminal Railroad Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Cir- cuit denied. No. 981192. Joseph Orlandi, et al., Petitioners v. Charles Miller, Commissioner, West Virginia Department of Highways, et al. Petition

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634 MONDAY, MARCH 22, 1999 for writ of certiorari to the Circuit Court of West Virginia, Kanawha County, denied. No. 981195. Thomas R. Donovan, 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. 981197. Frank S. Hall, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Armed Forces denied. No. 981207. Patricia A. Turner, Petitioner v. Richard A. Frey, Jr., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 981213. Marilyn K. Dupree, aka Marilyn K. Taylor, Petitioner v. Oregon, etc. Petition for writ of certiorari to the Court of Appeals of Oregon denied. No. 981220. Jennifer A. Salisbury, Secretary, New Mexico Energy, Minerals and Natural Resources Department, et al., Petitioners v. Ele- phant Butte Irrigation District of New Mexico, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Cir- cuit denied. No. 981223. Vernon L. Williams, et ux., Petitioners v. Klamath County. Petition for writ of certiorari to the Court of Appeals of Ore- gon denied. No. 981226. Nancy Johnston, Petitioner v. New Jersey, et al. Peti- tion for writ of certiorari to the Superior Court of New Jersey, Appel- late Division, denied. No. 981237. Abd El-Hamid A. El-Fadly, 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. 981245. Phillip B. Coons, et al., Petitioners v. Eric M. Holmes. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981248. Eugene E. Klecan and Donald Schauerte, Petitioners v. New Mexico Rights to Choose/NARAL, et al. Petition for writ of certiorari to the Supreme Court of New Mexico denied. No. 981256. William D. Stoneburner, Petitioner v. Louis Caldera, Secretary of the Army, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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MONDAY, MARCH 22, 1999 635 No. 981274. Joseph LoCascio, Petitioner v. Robert E. Rubin, Secre- tary of Treasury. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981281. Pedro M. Gonzalez, Petitioner v. Drug Enforcement Administration, Office of Asset Forfeiture, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 981293. Thomas J. Sullivan, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 981295. Loretta R. Malley, Petitioner v. William R. Malley. Pe- tition for writ of certiorari to the Superior Court of Pennsylvania, Pittsburgh Office, denied. No. 981300. Thomas A. Saba, Petitioner v. William Jefferson 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. 981305. William H. Thorpe, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 981326. Rita Gluzman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 981329. Susan Frank, Petitioner v. United States and Jane Frank Kresch. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 981342. James Taftsiou, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 981348. Milagros Angeles, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 981352. Joseph A. Mohwish, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 981364. W. Harold Sellers and Robert Dupre, 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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636 MONDAY, MARCH 22, 1999 No. 981370. Anthony William Carreras, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 986581. Peter Michael Karenbauer, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern District, denied. No. 987024. Gerald J. Landsberger, Petitioner v. William J. Schafer, Judge, Superior Court of Arizona, Maricopa County, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987054. Gabriel Gonzales, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 987164. Ricky Don Blackmon, 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. 987349. Jonathan Bruce Reed, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 987374. John H. Thiele, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987524. Coy Wayne Wells, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Eleventh District, denied. No. 987534. Kenneth S. Jones, Petitioner v. Texas, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987535. Alan McFadden, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied. No. 987553. Donald Allen Jones, Petitioner v. South Carolina. Peti- tion for writ of certiorari to the Supreme Court of South Carolina denied. No. 987555. Wayne E. Link, Petitioner v. City of Columbus. Petition for writ of certiorari to the Court of Appeals of Ohio, Franklin County, denied. No. 987557. Frank Malenosky, Petitioner v. Ben Varner, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

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MONDAY, MARCH 22, 1999 637 No. 987559. James Wilburn Menefield, 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. 987562. Joseph M. L. Gardner, Petitioner v. South Carolina. Petition for writ of certiorari to the Supreme Court of South Carolina denied. No. 987573. Swan Chevell Clark, 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. 987578. Hong Mai, Petitioner v. United States District Court for the Eastern District of New York. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 987580. Gregory Rochon Lewis, Petitioner v. H. N. "Sonny" Scott, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 987581. Winifred Jones, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Third District, denied. No. 987584. Ed Mayrides, Petitioner v. Ohio State Adult Parole Authority. Petition for writ of certiorari to the Court of Appeals of Ohio, Franklin County, denied. No. 987596. David Ernesto Mackey, Petitioner v. Gail Lewis, Dep- uty Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987597. James McConico, Jr., Petitioner v. Polly Conradi, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 987598. Williams Jennings, 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. 987604. John Chappel Cain, Petitioner v. Michigan Department of Corrections. Petition for writ of certiorari to the Court of Appeals of Michigan denied. No. 987605. John P. McGlothlin, Petitioner v. Edward Murray, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

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638 MONDAY, MARCH 22, 1999 No. 987610. Harry H. Brown, Petitioner v. Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 987615. Bonnie McCaslin, Petitioner v. Galen McBride, et al. Petition for writ of certiorari to the Court of Appeals of Nebraska denied. No. 987616. Danny L. Schwandt, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied. No. 987618. K. Kay Shearin, Petitioner v. Albert N. Jarman, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 987619. Douglas W. Shirley, Petitioner v. Ohio. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Cir- cuit denied. No. 987620. Jerry Grant Frye, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. No. 987621. Arthur Brennan Malloy, Petitioner v. Charlie Jones, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 987623. Charles Edward Lloyd, Petitioner v. Charles D. Mar- shall, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987626. Nicholas S. Collier, Petitioner v. City of Chicopee, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 987628. George Ochoa, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. No. 987634. Paul H. Mitchell, Petitioner v. Joseph K. Price, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. No. 987638. Daniel Patrick Rawlins, Petitioner v. Court of Appeals of Arizona, Division One. Petition for writ of certiorari to the Supreme Court of Arizona denied. No. 987640. Gregory Wilson, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied. No. 987641. Nathaniel Sims, Petitioner v. United States Court of Appeals for the Second Circuit. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

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MONDAY, MARCH 22, 1999 639 No. 987642. Arturo Solis, Petitioner v. Deborah Parker, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987644. Douglas Walker, Petitioner v. W. F. Rogers, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 987645. James W. Wolfe, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. No. 987646. James Charles Thompson, 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. 987647. Gerry Thomas, Petitioner v. David Smith, Warden. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987648. Billy R. Campbell, Petitioner v. Mary Doe, a Minor Child, by and through Her Father and Next Friend, John Doe, et al. Petition for writ of certiorari to the District Court of Appeal of Flor- ida, First District, denied. No. 987652. Victor Barrett, et ux., Petitioners v. Terry Nolan, et al. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 987654. Oludare Ogunde, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 987656. Ronal J. Kiskila and Donna E. Kiskila, Petitioners v. Eileen L. McConnell, et al. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. No. 987659. Banrung P. Chumpia, Petitioner v. Michigan State Uni- versity. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987660. David Vasquez, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Third Appellate District, denied. No. 987662. Charles M. Anderson, Petitioner v. George Deeds, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. No. 987668. Brenda L. Turner, Petitioner v. Utah Department of Workforce Services, et al. Petition for writ of certiorari to the Court of Appeals of Utah denied.

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640 MONDAY, MARCH 22, 1999 No. 987675. Thomas A. Lamb, Petitioner v. Patricia Kane Pierce. Petition for writ of certiorari to the Supreme Court of Alaska denied. No. 987682. Joseph Brian Cunningham, Petitioner v. California. Pe- tition for writ of certiorari to the Court of Appeal of California, Fifth Appellate District, denied. No. 987686. Demetrius J. Grant, 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. 987688. Robert Hillard, 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. 987690. David Felton, Petitioner v. James B. French, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. No. 987692. Keith Hall, Petitioner v. Belinda D. Stewart. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987694. Anthony Jerome Smith, Petitioner v. Betty Mitchell, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987695. Wayne Patterson, Petitioner v. Frank Lewis, et al. Pe- tition for writ of certiorari to the Circuit Court of West Virginia, Ka- nawha County, denied. No. 987696. Parramore Lee Sanborn, Petitioner v. Kentucky. Peti- tion for writ of certiorari to the Supreme Court of Kentucky denied. No. 987697. Hearold Lacy, Petitioner v. Ameritech Mobile Commu- nications, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 987698. Charles Allen McCray, Petitioner v. South Carolina. Petition for writ of certiorari to the Supreme Court of South Carolina denied. No. 987699. Scotty Lee Moore, Petitioner v. Dan Reynolds, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 987701. Ihor Chandrycki Jason, Petitioner v. Seattle Univer- sity, 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 22, 1999 641 No. 987702. Kevan Brumfield, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. No. 987703. Leonardo Larrea, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied. No. 987716. Timothy Leang Jones, Petitioner v. Susan Hubbard, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987717. Nathaniel L. Morris, Petitioner v. Nevada. Petition for writ of certiorari to the Supreme Court of Nevada denied. No. 987719. Chester Jordan Johnston, Jr., Petitioner v. James V. Anderson, Superintendent, Mississippi State Penitentiary, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987722. Walter S. J. Wenger, Petitioner v. Canastota Central School District, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 987726. George Andrew Vaughn, Petitioner v. Minnesota, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 987727. Matthew Joseph Sikora, Jr., Petitioner v. Frank X. Hop- kins, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 987735. Albert Thomas, Petitioner v. American Brand, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 987736. Chandler Wendell, Jr., Petitioner v. Troy Simpson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987738. Terry T. Brady, Petitioner v. Alaska, et al. Petition for writ of certiorari to the Supreme Court of Alaska denied. No. 987742. Calvin E. Sprik, Petitioner v. Douglas Weber, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied. No. 987749. Charlie Delbridge, Petitioner v. City of Union Springs, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied.

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642 MONDAY, MARCH 22, 1999 No. 987751. Larry Henderson, Petitioner v. Joseph Henneberry, Di- rector, Patuxent Institution, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987760. Juan Banda, Petitioner v. Harry K. Singletary, Jr., Sec- retary, Florida Department of Corrections. Petition for writ of certio- rari to the Supreme Court of Florida denied. No. 987761. John Eldridge Trice, Petitioner v. Raymond G. Toombs, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987767. Percy Clark, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 987768. Martin Michael Bernys, Petitioner v. New York, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 987769. James E. Cagle, Petitioner v. Ron Champion, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied. No. 987778. Jessie Martinez, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Fourteenth District, denied. No. 987791. Troy Newton Moses-El, Petitioner v. Frank C. Sizer, Jr., Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987796. Felix Contreras, Petitioner v. Oregon. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Cir- cuit denied. No. 987798. Kennedy Brewer, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied. No. 987827. James Tyson, Petitioner v. Charles Greiner, Superin- tendent, Sing Sing Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 987828. Dion Delon Alexander, 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. 987833. Lucio G. Rivera, 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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MONDAY, MARCH 22, 1999 643 No. 987838. Garred F. Norman, Petitioner v. Santa Clara County Probation Department. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987853. Michael John Warren, 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. 987858. Stanley Combs, Petitioner v. Dallas County Child Pro- tective Service Unit of the Texas Department of Protective and Regu- latory Services. Petition for writ of certiorari to the Court of Appeals of Texas, Fifth District, denied. No. 987864. Ralph E. Davis, 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. 987886. Jeffrey D. Lammers, Petitioner v. Jeffrey Endicott, et al.; and James D. Lammers, Petitioner v. Jeffrey Endicott, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 987894. Paul Ramirez, 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. 987909. Arthur Allen Haley, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987911. Harold Farrar, Petitioner v. United States; and No. 988053. Brenda Farrar Gordon, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987912. Morgan S. Gilmer, 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. 987917. Marvin Freeman, 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. 987919. Robert Hayden, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Third Judicial Department, denied.

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644 MONDAY, MARCH 22, 1999 No. 987924. James Joseph Hamilton, Petitioner v. Mike Kemna, Superintendent, Crossroads Correctional Center, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 987925. Walter B. Farver, Sr., 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. 987933. Eric Tomont Hicks, Petitioner v. Steven Cambra, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 987949. Steven Mozer, 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. 987950. Raymond Lauderdale, Petitioner v. Rosie B. Garcia, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987960. Joseph F. Moore, Petitioner v. H. R. Powell, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987978. Ronnie W. Carroll, 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. 987985. Mohammed A. Salameh, Petitioner v. United States; andNo. 988006. Nidal Ayyad, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 987990. Timothy E. Hatchett, Petitioner v. Thomas Corcoran, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987996. Alan Thomas Hunter, 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. 988004. Paul Langler, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Second Dis- trict, denied. No. 988019. James Cliff, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied.

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MONDAY, MARCH 22, 1999 645 No. 988020. Quincy Corbett, Jr., Petitioner v. M. L. Polk, Superin- tendent, Franklin Correctional Center. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988026. Christopher M. Duguay, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 988028. Timothy Fletcher, Petitioner v. Louis F. Mann. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 988033. Linda Byrnes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988034. Charles Douglas Warfel, Petitioner v. California. Peti- tion for writ of certiorari to the Appellate Department, Superior Court of California, Santa Clara County, denied. No. 988047. Jackson C. O'Dell, III, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988052. Stanley Dowtin, aka Sha, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 988054. Michael Exarhos, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 988055. Patrick Graham, Petitioner v. Arthur Leonardo, Super- intendent, Greene Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 988060. Tyrone N. Walker, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 988061. Page Stuart, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988062. Carl Sutton, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988064. Elgin Phillips, 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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646 MONDAY, MARCH 22, 1999 No. 988065. Kazem M. Iravani, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988066. Antonio Lambert Johnson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988067. Willie Frank King, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988068. Peter Leslie, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 988074. Raymond Johnson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988083. Candelario Mendoza-Corrales, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 988085. Yehanna Joan M. M. Malone, Petitioner v. District of Columbia Department of Employment Services. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 988090. Frank Westerling, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 988096. Rolando Lopez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988097. Glenn E. Lovett, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 988098. Francis A. Koeberlein, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988101. Jeffrey Dewayne Roach, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988104. Antoine S. Harris, 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 22, 1999 647 No. 988107. Elizabeth Julie Maddex, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988110. Ryan O'Neil Little, aka Youngblood, aka LA, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988111. James Allen Hibbler, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988114. Paula Andrews, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988118. Glenn Earl Scott, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988119. Jose Oscar Salazar, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988122. Charles Harry Jackson, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988123. Desmond Charles Lawrence, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988125. David C. Larson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 988127. Yu Kikumura, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 988132. Michael E. Parker, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988133. Omar Arnenteros, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 988135. Orlando F. Price, 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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648 MONDAY, MARCH 22, 1999 No. 988137. Mark A. Geralds, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 988139. Russell Edward Eggleston, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 988140. Elisa Grajales Murga, Carmenza Guzman Varon, and Mona Smith Watson, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988145. William Patrick Castillo, Petitioner v. Nevada. Petition for writ of certiorari to the Supreme Court of Nevada denied. No. 988152. Elvis Amarame, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 988155. James L. Dailey, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988156. Ralph Lydell Veasey, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988160. Alvyn Conerly, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 988162. Gerard Gilbert, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 988164. Alexander P. Yaromich, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988167. Timothy Hatten, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 988170. Eddie Lee Shelton, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988174. Ronald Lee Curtis, Petitioner v. Thomas R. Lewis, Special Judge, Ohio Circuit Court. Petition for writ of certiorari to the Supreme Court of Kentucky denied.

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MONDAY, MARCH 22, 1999 649 No. 988175. Jerry Lindsey Artis, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 988176. Cornelius Anderson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988179. Adan Medina Chiprez, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988182. Edward Dale Summerlin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 988186. Vince Cordell King, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988188. Tarqui Darnell Mattox, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988194. David Lopez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988195. James Earl Lucas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988197. Teddy Leroy Bailey, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 988198. Carlos Cruz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 988199. Juan Ramon Oblea-Gonzalez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 988200. Salvador Rodriguez, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988202. Antonio Ramirez, 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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650 MONDAY, MARCH 22, 1999 No. 988206. Anthony Jerome Thompson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 988211. Timothy Lynn Holloway, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988213. Gary Henry, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988215. Corey Fowler, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 988216. Victor Hugo Gonzalez-Montoya, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 988217. Jerrell Wayne Fontenot, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 988219. Ronald Staples, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988220. Wallace Powell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988223. Donnie Keith Howell, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988229. Travis L. Bean, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 988230. Roger Butler, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988233. Rufino Borrome, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 98878. Cult Awareness Network, Petitioner v. Jason Scott. Mo- tion of American Family Foundation, et al., for leave to file a brief as

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MONDAY, MARCH 22, 1999 651 amici curiae granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981140. John Winters, Sr., Representative of the Estate of Mar- garet Winters, Deceased, et al., Petitioners v. Diamond Shamrock Chemical Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Justice Stevens took no part in the consideration or decision of this petition. No. 981143. Thomas E. Hoar, Inc., Petitioner v. Sara Lee Corpora- tion and Sara Lee Knitwear, Incorporated. Petition for writ of certio- rari to the United States Court of Appeals for the Second Circuit de- nied. Justice O'Connor took no part in the consideration or decision of this petition. No. 981172. Piper Jaffray, Inc., and Marvin Geisness, Petitioners v. Irene Halligan, Executrix of the Estate of Theodore H. Halligan, De- ceased. Motion of Securities Industry 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 Second Circuit denied. No. 981209. L. Keith Yohn, Petitioner v. Bernard A. Friedman, United States District Judge for the Eastern District of Michigan, et al. Petition for writ of certiorari before judgment to the United States Court of Appeals for the Sixth Circuit denied. No. 987565. Hugo P., Petitioner v. George P., et al. Motion of Na- tional Association of Counsel for Children for leave to file a brief as amicus curiae granted. Motion of petitioner to strike affidavit from appendix to George P.'s brief in opposition denied. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied.

Habeas Corpus Denied

No. 988169. In Re Dennis Ray Graves, Petitioner; No. 988237. In Re Secel Romerious Montgomery, Petitioner; and No. 988244. In Re Adrian Darryl Holt, Petitioner. Petitions for writs of habeas corpus denied.

Mandamus Denied

No. 987667. In Re Steve Williams, Petitioner; No. 987689. In Re William A. Evans, Petitioner; No. 987731. In Re Jonathan Ainsworth, Petitioner; and No. 988076. In Re Lennox Smith-Stewart, Petitioner. Petitions for writs of mandamus denied.

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652 MONDAY, MARCH 22, 1999 Rehearings Denied No. 979280. Jessica C. Adams, Petitioner v. Lockheed Martin; No. 98680. William Sumner Scott, Petitioner v. Prudential Securi- ties, Inc.; No. 98748. Edward Lesoon, Petitioner v. United States; No. 98901. Richard W. Tokheim, Petitioner v. Commodity Futures Trading Commission; No. 985504. Charles L. Novosad, Jr., Petitioner v. New Mexico Board of Medical Examiners, et al.; No. 986027. William Earl Cunningham, Petitioner v. Captain Pace, et al.; No. 986180. Walter L. Thomas, Petitioner v. Jerry Gilmore, Warden; No. 986483. Richard Charowsky, Petitioner v. David Wapinsky, et al.;No. 986691. Robert D. Schaffer, Jr., Petitioner v. Charles Koenig; No. 986718. Paul Nagy, Petitioner v. United States District Court of the Southern District of New York; No. 986784. Michael Bruce Trigler, Petitioner v. Dick Bradley, et al.;No. 986928. Elijah Porter, Jr., Petitioner v. William J. Henderson, Postmaster General; No. 987016. Robert Kevin McCartney, Petitioner v. Clyde Terral, et al.; No. 987291. In Re Charles L. Summers, Petitioner; and No. 987357. Paul Nagy, Petitioner v. United States Court of Ap- peals for the Second Circuit. Petitions for rehearing denied. No. 979068. Daniel R. Morgan, Petitioner v. Mark Kimbrough, et al. Motion for leave to file petition for rehearing denied. No. 986148. Edward J. Percesepe, Petitioner v. New York State Department of Labor, et al. Motion of petitioner to proceed further herein in forma pauperis granted. Petition for rehearing denied.

Attorney Discipline No. D2026. In the Matter of Thomas Patrick Freydl. Thomas Pat- rick Freydl, of Bloomfield Hills, Michigan, 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 be- fore this Court. The Rule to Show Cause, issued on January 19, 1999, is discharged.

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MONDAY, MARCH 22, 1999 653 No. D2052. In the Matter of Disbarment of Jeffrey Lynn Baxter. Jeffrey Lynn Baxter, of Leavenworth, Kansas, 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. D2053. In the Matter of Disbarment of Michael Shafran. Mi- chael Shafran, of Cleveland, 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. D2054. In the Matter of Disbarment of Walter Louis Senteen, Jr. Walter Louis Senteen, Jr., 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. D2055. In the Matter of Disbarment of William F. Spallina. William F. Spallina, of Newton Highlands, 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. D2056. In the Matter of Disbarment of Howard Stephen Weiss. Howard Stephen Weiss, of Franklin Lakes, 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 Craig Frank Andersen Concord, CA Mitchell A. Stevens Michael J. Apol Washington, DC Douglas Howard Kohrt Saleh Sobih Awadallah Cleveland, OH George Joseph Sadd Eric Gordon Balaban Washington, DC Elizabeth Rose Alexander David George Bandre' Jefferson City, MO Nicholas M. Monaco Thomas H. Bannigan Detroit, MI Douglas Ryan Mullkoff

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654 MONDAY, MARCH 22, 1999

Applicant City and State Movant Daryl Ford Bloom Lancaster, PA Thomas Patrick McGrath Robert Michael Bonnifield Concord, CA Mitchell A. Stevens Richard Harold Braun Portland, OR Mary Gray Holt Gerhart W. Brozio San Diego, CA Carl Henry Horst Donald B. Bruck Bedford, MA Stanley M. Schurgin Steven Mark Burgeman Skokie, IL Ralph Ruebner Wm. Burt Burleson Lansing, MI Brian Ware Bevez Wallace Capel, Jr. Flint, MI Kenneth Robert Sasse Michael Philip Chervenak Rockville, MD Don F. Ryder, Jr. Kelliss Ann Collins Portland, OR Corbett Gordon Betty Lee Dunkum Arlington, VA Jackson Lintecum Kiser John Charles Dyer Sacramento, CA Francine Tilton Kammeyer Elyse Debra Echtman New York, NY Daniel James Thomasch Larry Engelstein Washington, DC Jonathan P. Hiatt Jerry Nelson Estes Athens, TN John W. Wheeler Corrie Lara Fischel Washington, DC Ann Elizabeth Reesman Gary C. Fischoff Garden City, NY Stuart Paul Gelberg Lawrence M. Fisher New York, NY Robert M. Fisher Brendan T. Fitzpatrick Albertson, NY Kelly Douglas Talcott James J. Flaherty, Jr. Naugatuck, CT James Brian Stewart Kevin Brian Fox Knoxville, TN Edwin Hope Rayson Feyi O. Gaji Binghamton, NY Henry J. Rode, II Joseph P. Gappa Oklahoma City, Christy J. Ceasar OK Benjamin F. Garmer, III Milwaukee, WI Thomas L. Shriner, Jr. Tamara K. Gilida Greenwood Joseph Arnold Village, CO Davies

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MONDAY, MARCH 22, 1999 655

Applicant City and State Movant Gregory Michael Gilmore Springfield, IL Byron Glen Cudmore Allison B. Goldberg Atlanta, GA Susan V. Boleyn Joseph L. Golden Los Angeles, CA Vincent H. Chieffo Paul F. Goldsmith San Francisco, CA Robert Leon Rusky Glenn Matthew Goodge Allentown, PA Richard J. Orloski Renee W. Green Akron, OH J. Dean Carro John Joseph Haggerty Philadelphia, PA Edward J. Zamborsky Bradley Miles Hannan Valdosta, GA George Michael Saliba, II Mary Taylor Henderson Austin, TX Antoinette Hunter Kay Linn Miller Hobart Raleigh, NC Jasper L. Cummings, Jr. Rick B. Hoggard Salt Lake City, Jonathan Atwood UT Dibble Bruce Frederick Howell Dallas, TX P. Oswin Chrisman M. Brenk Johnson Dallas, TX George Allen Butler Tim Johnson Houston, TX David Ronald Jones Jeffrey Alan Kimble Clarksburg, WV Richard W. Gallagher Dona Pike King Boise, ID Corbett Gordon F. Damon Kitchen Jacksonville, FL Walter Scott Millsaps Kelly Gerard LaPorte Honolulu, HI Peter William Olson Diane Festin LaRoss Atlanta, GA Beverly Patricia Downing Todd Gordon Lamond White Plains, NY David B. Weisfuse Allan L. Larson Salt Lake City, Rodney R. Parker UT Charles Owen Lederman White Plains, NY Richard Ware Levitt Michael Gregory Lee Sacramento, CA Joan W. Cavanagh

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656 MONDAY, MARCH 22, 1999

Applicant City and State Movant Donna Hae Kyun Lee Washington, DC Elizabeth Rose Alexander Bruce David Lennard Hudson, MA Philip Todd Wold David M. Lowry Honolulu, HI Daryl Craig Dawson John Edward Lynch, Jr. Houston, TX Carter G. Phillips Alan Taylor Macdonald Mesa, AZ Mark Davis Bradshaw Roberto O. San Juan, PR Arturo Diaz Maldonado-Nieves Russell J. Manning Corpus Christi, G. Gary Norton TX Merritt McReynolds Houston, TX Sam William Marinelli Cruse, Jr. Rebecca S. McGee Houston, TX Carter G. Phillips Donald R. McKay Hermitage, PA William C. Kuhn Christopher Kevin McNally Pittsburgh, PA Regis John McNally A. Carter Mills, IV New Orleans, LA Daniel Lund H. Geoffrey Moulton, Jr. Philadelphia, PA Honorable William H. Rehnquist, Chief Justice of the United States Linda Strite Murnane Xenia, OH Bruce Terrence Brown Stephen B. Nebeker Salt Lake City, Jonathan Atwood UT Dibble Fred A. Ohlinger Tampa, FL James Evan Felman Kent C. Parr Concord, CA Mitchell A. Stevens Gary L. Paulson Houston, TX Carter G. Phillips Jacob B. Perkinson Burlington, VT Joann Clark Austin Leonard J. Piazza Las Cruces, NM Paul G. Bardacke Linda V. Priebe Washington, DC Cahrles Haven Wilson Mark Pryor Little Rock, AR James M. Moody Mary Louise Radzimowski Milwaukee, WI Paul E. Sicula

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MONDAY, MARCH 22, 1999 657

Applicant City and State Movant David W. Rogers San Antonio, TX Ward William Elmendorf Frank J. Romaguera, IV Metairie, LA Robert Lee Eddy, III Bruce Joseph Rose Charlotte, NC Charles Benjamin Park, III Michael David Rostoker Boulder Creek, Edward J. CA Handler, III Patience Elizabeth Fort Washington, Douglas Howard Schermer MD Kohrt Kim J. Seter Greenwood Joseph Arnold Village, CO Davies David Brian Smallman New York, NY Barry R. Ostrager James R. Smith, Jr. Valdosta, GA George Michael Saliba, II Mark Windhorn Smith Chattanooga, TN Carlos Clifford Smith Guy L. Sweet Lansing, MI Robert Bruce Ebersole Charles Franklin Turner, Greenville, SC Nathaniel Jr. Heyward Clarkson, III Richard A. Van Wagoner Salt Lake City, Rodney R. Parker UT Alice Elizabeth Walker Boulder, CO Bruce R. Greene Jon Mark Weathers Hattiesburg, MS John Wayne Land John J. Weltman Boston, MA Evan Thomas Lawson Natasha Vucicevic Wrobel Washington, DC Douglas Howard Kohrt Alan Lawrence Yatvin Philadelphia, PA David Rudovsky Louis Zimmerman Palm Springs, CA Byron Irwin Pesin Anne D. Zuckerman Columbia, SC A. Camden Lewis

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

Paul Rolf Jensen Laguna Beach, CA Judge Robinson O. Evrett Chester Harvey Morgan, II Arlington, VA Philip Sheuerman

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658 MONDAY, MARCH 22, 1999

Applicant City and State Movant Karen Lynn Hecker Washington, DC Douglas Howard Kohrt Bryan Allen Bonner Alexandria, VA Douglas Howard Kohrt Fara A. Sobel Philadelphia, PA Benjamin S. Friedman Jonathan J. Sobel Philadelphia, PA Benjamin S. Friedman Henrietta Wright Dallas, TX Charles Alan Wright Edward B. Stead Dallas, TX Charles Alan Wright Judy Barringer Bonevac Fort Lauderdale, Lawrence H. FL Wechsler Lawrence W. Livoti Fort Lauderdale, Lawrence H. FL Wechsler Carole Wolf Miller Fort Lauderdale, Lawrence H. FL Wechsler Monica I. Salis Fort Lauderdale, Lawrence H. FL Wechsler Audrey Buslik Boca Raton, FL Lawrence H. Schneiderman Wechsler Teresa Brodeur Sjogren Fort Lauderdale, Lawrence H. FL Wechsler Sharon Wechsler Smolar Boca Raton, FL Lawrence H. Wechsler Virginia Dare Stow Fort Lauderdale, Lawrence H. FL Wechsler Cynthia Ruth White Fort Lauderdale, Lawrence H. FL Wechsler Franklin L. Zemel Aventura, FL Lawrence H. Wechsler Deborah Zimet Fort Lauderdale, Lawrence H. FL Wechsler Jeffrey M. Voluck Fort Laudedale, Lawrence H. FL Wechsler

Oral Arguments No. 98347. William Jefferson Clinton, President of the United States, et al., Petitioners v. James T. Goldsmith. Argued by Mr. Michael

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MONDAY, MARCH 22, 1999 659 R. Dreeben for the petitioners and by Mr. John M. Economidy for the respondent. No. 98470. Ruhrgas AG, Petitioner v. Marathon Oil Company, et al. Argued by Mr. Charles Alan Wright for the petitioner and by Mr. Clif- ton T. Hutchinson for the respondents.

Adjourned until Tuesday, March 23, 1999, at 10 o'clock.

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(JOURNAL) TUESDAY, MARCH 23, 1999 661 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. 971709. Kuhmo Tire Company, Ltd., et al., Petitioners v. Pat- rick Carmichael, etc., et al. 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 further proceedings in conformity with the opinion of this Court. Opinion by Justice Breyer. Concurring opinion by Justice Scalia, with whom Justice O'Connor and Justice Thomas join. Opinion by Jus- tice Stevens concurring in part and dissenting in part. No. 972045. South Central Bell Telephone Company, et al., Petition- ers v. Alabama, et al. On writ of certiorari to the Supreme Court of Alabama. Judgment reversed, and case remanded to the Supreme Court of Alabama for further proceedings not inconsistent with the opinion of this Court. Opinion by Justice Breyer. Concurring opinion by Justice O'Connor. Concurring opinion by Justice Thomas.

Admission to the Bar on Oral Motions Applicant City and State Movant William W. Lockyer Sacramento, CA Peter John Siggins Tonia Jones Powell Washington, DC Madonna A. McGwin Elizabeth Myers Alexandria, VA David C. Richardson Frederick Renee Campion Baltimore, MD Pamila Junette Brown Mary Cina Chalawsky Baltimore, MD Pamila Junette Brown Polydorous Paul Cocoros Baltimore, MD Pamila Junette Brown Robert Lee Coleman, Jr. Baltimore, MD Pamila Junette Brown Sandra R. Gutman Baltimore, MD Pamila Junette Brown

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662 TUESDAY, MARCH 23, 1999

Applicant City and State Movant John Hammann Baltimore, MD Pamila Junette Brown Gary Honick Baltimore, MD Pamila Junette Brown Jeffrey Lance Komin Baltimore, MD Pamila Junette Brown Christopher Ignatius Baltimore, MD Pamila Junette Moylan Brown Wayne Thomas Prem Baltimore, MD Pamila Junette Brown Mark Anthony Sorrentino Baltimore, MD Pamila Junette Brown Linda Ann Ramirez Baltimore, MD Pamila Junette Brown Michael Stephen Studdard Baltimore, MD Pamila Junette Brown Gerard R. Vetter Baltimore, MD Pamila Junette Brown

Oral Arguments No. 98223. Florida, Petitioner v. Tyvessel Tyvorus White. Argued by Ms. Carolyn M. Snurkowski for the petitioner, by Mr. Malcolm L. Stewart for the United States as amicus curiae, by special leave of the Court, and by Mr. David P. Gauldin for the respondent. No. 98369. National Aeronautics and Space Administration, etc., et al., Petitioners v. Federal Labor Relations Authority, et al. Argued by Mr. David C. Frederick for the petitioners, by Mr. David M. Smith for the respondent Federal Labor Relations Authority, and by Mr. Stuart Kirsch for the respondent American Federation of Government Employees.

Adjourned until Wednesday, March 24, 1999, at 10 o'clock.

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(JOURNAL) WEDNESDAY, MARCH 24, 1999 663 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. 976203. Nathaniel Jones, Petitioner v. United States. 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. Concurring opinion by Justice Stevens. Concurring opinion by Justice Scalia. Dis- senting opinion by Justice Kennedy, with whom The Chief Justice, Jus- tice O'Connor, and Justice Breyer, join. No. 971337. Minnesota, et al., Petitioners v. Mille Lacs Band of the Chippewa Indians, et al. On writ of certiorari to the United States Court of Appeals for the Eighth Circuit. Judgment affirmed. Opinion by Justice O'Connor. Dissenting opinion by The Chief Justice, with whom Justice Scalia, Justice Kennedy, and Justice Thomas, join.

Admissions to the Bar on Oral Motions Applicant City and State Movant Paula Terese Cotter Rockville, MD Dan Schweitzer James Stephen Felt Washington, DC David H. Coburn David William Fischer Glen Burnie, MD David William Fischer Marian Malovos Konevich Los Altos, CA Francis Ronald Moulin Robert William Konevich Los Altos, CA Francis Ronald Moulin Laura C. McWeeney Annapolis, MD Lawrence P. Fletcher-Hill Stuart M. Nathan Baltimore, MD Lawrence P. Fletcher-Hill Fredda Alpert Montclair, NJ John A. FitzRandolph Arthur Baghdasarian Glendale, CA John A. FitzRandolph

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664 WEDNESDAY, MARCH 24, 1999

Applicant City and State Movant Thomas Edward Beltran Van Nuys, CA John A. FitzRandolph Edgardo Quintanilla Cruz Los Angeles, CA John A. FitzRandolph Robert Lee Daily Torrance, CA John A. FitzRandolph Farahnaz Nourmand Beverly Hills, CA John A. FitzRandolph David Lawrence Schorr Los Angeles, CA John A. FitzRandolph Steven James Anderson St. Louis, MO John A. FitzRandolph Richard Van Coffin, Jr. Honolulu, HI John A. FitzRandolph Virginia Helen Harrington Sioux Falls, SD John A. FitzRandolph Valerie Jean Pelton McLean, VA John A. FitzRandolph Brenda Lee Hoffman Washington, DC John A. FitzRandolph

Oral Arguments No. 971927. Rodney C. Hanlon, Joel Scrafford, Kris A. McLean, Richard C. Branzell, and Robert Prieksat, Petitioners v. Paul W. Berger, et ux.; and No. 9883. Charles H. Wilson, et ux., et al., Petitioners v. Harry Layne, Deputy United States Marshal, etc., et al. Argued by Mr. Rich- ard A. Cordray for the petitioners in case No. 971927 and for the federal respondents in case No. 98-83, by Mr. Lawrence P. Fletcher-Hill for the state respondents in No. 9883, by Mr. Henry H. Rossbacher for the respondents in case No. 97-1927, and by Mr. Richard K. Willard for the petitioners in case No. 9883. No. 98377. Q. Todd Dickinson, Acting Commissioner of Patents and Trademarks, Petitioner v. Mary E. Zurko, et al. Argued by Mr. Law- rence G. Wallace for the petitioner and by Mr. Ernest Gellhorn for the respondents.

Adjourned until Monday, March 29, 1999, at 10 o'clock.

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(JOURNAL) THURSDAY, MARCH 25, 1999 665 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. 988538. David Lee Fisher, 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.

Order In Pending Case No. A790. James French, Warden, Applicant v. Marshal Dayan, et al., Next Friends of James David Rich. Application to vacate the stay of execution of sentence of death entered by the United States Court of Appeals for the Fourth Circuit on March 23, 1999, presented to The Chief Justice and by him referred to the Court granted. Justice Ste- vens, Justice Souter, Justice Ginsburg, and Justice Breyer would deny the application to vacate the stay of execution.

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(JOURNAL) MONDAY, MARCH 29, 1999 667 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. 987591. Ronald Dean Lowe, Petitioner v. Marcus Pogue, et al.; No. 987952. Ronald Dean Lowe, Petitioner v. Oklahoma Depart- ment of Corrections; No. 988073. Ronald Dean Lowe, Petitioner v. Federal Bureau of Investigation; and No. 988082. Ronald Dean Lowe, Petitioner v. Helen Woodall, et al. On motions for leave to proceed in forma pauperis. Motions for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner allowed until April 19, 1999, within which to pay the docketing fee required by Rule 38 and to submit petitions in compliance with Rule 33.1. Opinion per curiam. Dissenting statement by Justice Stevens.

Orders In Pending Cases No. 971943. Karen Sutton and Kimberly Hinton, Petitioners v. United Air Lines, Inc. Motion of the Solicitor General for leave to par- ticipate in oral argument as amicus curiae and for divided argument granted. No. 971992. Vaughn L. Murphy, Petitioner v. United Parcel Service, Inc. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted. No. 98536. Tommy Olmstead, Commissioner, Georgia Department of Human Resources, et al., Petitioners v. L. C., By Jonathan Zimring, Guardian Ad Litem and Next Friend, et al. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted. No. 98405. Janet Reno, Attorney General, Appellant v. Bossier Par- ish School Board; and No. 98406. George Price, et al., Appellants v. Bossier Parish School Board. Motions of the Solicitor General for divided argument granted.

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668 MONDAY, MARCH 29, 1999 No. 98830. Amoco Production Company, etc., Petitioner v. Southern Ute Indian Tribe, et al. Motion of Wyoming for leave to participate in oral argument as amicus curiae and for additional time for oral argu- ment denied without prejudice to filing a motion to divide time with petitioner. Motion of the Solicitor General for divided argument granted. Justice Breyer took no part in the consideration or decision of these motions. No. 987264. David H. Coers, Jr., Petitioner v. Texas Guaranteed Student Loan Corporation, et al. Motion of petitioner for reconsidera- tion of order denying leave to proceed in forma pauperis denied. No. 987814. Ronald Dean Lowe, Petitioner v. Marcus Pogue, et al. Motion of petitioner for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner allowed until April 19, 1999, 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. 988007. Daniel A. Ramirez, Petitioner v. United States. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner allowed until April 19, 1999, 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. 988150. Barbara Schwarz, Petitioner v. Federal Bureau of In- vestigation. Motion of petitioner for leave to proceed in forma pau- peris denied. See Rule 39.8. Petitioner allowed until April 19, 1999, 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. 98942. William Fiore, Petitioner v. Gregory White, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit granted limited to Questions 1 and 3 presented by the petition. No. 981189. Board of Regents of the University of Wisconsin Sys- tem, et al., Petitioners v. Scott Harold Southworth, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit granted limited to the following question: Whether the First Amendment is offended by a policy or program under which public university students must pay mandatory fees that are used in part to support organizations that engage in political speech.

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MONDAY, MARCH 29, 1999 669 Certiorari Denied

No. 971356. County of Aitkin, 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 denied. No. 98579. Cache Valley Electric Company, Petitioner v. Utah De- partment of Transportation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 981061. Willie Case, Petitioner v. Otis Kinsey and Gary Mont- gomery. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 981124. Monem Kabir and Gregory P. Ruebusch, Petitioners v. Backstrom and Neal, Michael Spence, Robert Daney, and Won Choe. Petition for writ of certiorari to the Court of Appeal of California, Sixth Appellate District, denied. No. 981130. Dallas Fire Fighters Association, et al., Petitioners v. City of Dallas and Dodd Miller. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 981159. Gerald Huffman and Gunilla Lukse, Petitioners v. County of Los Angeles, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981173. City of Atlanta, Petitioner v. R. Mayer of Atlanta, Inc., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. No. 981181. Mary Hitchcock Memorial Hospital, et al., Petitioners v. Richard F. Klonoski. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 981191. Michelle Penry, et al., Petitioners v. Federal Home Loan Bank of Topeka, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 981193. Tom Snyder, Petitioner v. Murray City Corporation and H. Craig Hall, City Attorney. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 981198. Daniel Scott Cox, Petitioner v. Utah Labor Commis- sion, et al. Petition for writ of certiorari to the Court of Appeals of Utah denied. No. 981210. Dale Guarino, Petitioner v. Kaiser Aluminum & Chemi- cal Corporation, et al. Petition for writ of certiorari to the Court of Appeal of Louisiana, Fifth Circuit, denied.

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670 MONDAY, MARCH 29, 1999 No. 981216. Century Marine, Inc., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 981217. Fireman's Fund Insurance Company, Petitioner v. Tar- kington, O'Connor & O'Neill. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied. No. 981238. Jerome Berg, Petitioner v. Brennan Newsom, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981247. Daniel Sanders, Petitioner v. William Blatnick. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981251. Wytisha Shanta Carter, Petitioner v. Sam Allen. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 981262. Lombard Corporation, Petitioner v. Marcus E. Collins, Commissioner, Georgia Department of Revenue, et al. Petition for writ of certiorari to the Supreme Court of Georgia denied. No. 981292. Forest Commodities Corporation and Peeples Indus- tries, Inc., Petitioners v. Construction Aggregates, Ltd. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 981296. Joanne Bernardo, Petitioner v. Kenneth S. Apfel, Com- missioner of Social Security. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 981302. Robert Heidisch, Petitioner v. Ford Motor Company. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 981318. Judy Lehman, et vir, Petitioners v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981344. Uniroyal Goodrich Tire Company, Petitioner v. Ro- berto O. Martinez, et ux., etc. Petition for writ of certiorari to the Supreme Court of Texas denied. No. 981355. Gervase Moczygemba, et ux., et al., 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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MONDAY, MARCH 29, 1999 671 No. 981363. Will & Grundy Building Trades Council, et al., Peti- tioners v. BE&K Construction Company. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 981371. Oswaldo Mederos, aka Gil Mederos and Mario Med- eros, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 981374. William T. Hough, et ux., Petitioners v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 981376. Brian G. Tackett, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 981378. John Coe, etc., Petitioner v. Cook County, Illinois. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 981384. John Stanfa, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 981385. Gordon Ndubisi Okoli, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 981390. Victor Levy-Cordero, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 987046. Alishia T. Pryor, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 987280. Mark Allen Wisehart, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied. No. 987372. Marcelino C. Silva, Petitioner v. Robert Knox. Petition for writ of certiorari to the Court of Appeal of California, Fourth Ap- pellate District, denied. No. 987391. Paul Everette Woodward, Petitioner v. Mississippi. Pe- tition for writ of certiorari to the Supreme Court of Mississippi denied. No. 987398. Jane Doe (R. S. W.), 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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672 MONDAY, MARCH 29, 1999 No. 987468. Rosalyn Caffey, Petitioner v. UNUM Life Insurance Company of America. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987508. Chedrick Crummie, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 987532. Lisa Cline, Petitioner v. New Mexico. Petition for writ of certiorari to the Court of Appeals of New Mexico denied. No. 987607. David Leisure, Petitioner v. Michael Bowersox, Super- intendent, Potosi Correctional Center, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Eighth Circuit denied. No. 987773. Larry D. Raver, Petitioner v. Fred T. McAninch, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 987776. Timothy Eugene Morris, Petitioner v. Georgia. Petition for writ of certiorari to the Superior Court of Georgia, Bibb County, denied. No. 987779. Miguel C. Lago, Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections. Petition for writ of cer- tiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied. No. 987781. Del Dee Lang, Petitioner v. Bobby Boone, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 987786. Winston Kemper, Petitioner v. Cheryl Pliler, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987812. Terry Lynn Jackson, 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. 987813. John Myers, 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. 987815. John Kim, Petitioner v. Ernest Licalsi, 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 29, 1999 673 No. 987818. Thomas E. Whitaker, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied. No. 987820. Richard Johnson, Petitioner v. Michael W. Moore, Di- rector, South Carolina Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 987822. Raymond J. Mitchell, Petitioner v. Shirley A. Rogers, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987825. Karl August Most, III, Petitioner v. Alan Bersin, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987829. John S. Bergmann, Petitioner v. Judy Smith, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 987830. John D. Berntson, Petitioner v. Indiana Division of Family and Children, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 987832. Larry Wayne Reese, 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. 987834. Louis Robenson, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 987851. Leroy Wiggins, Petitioner v. Richard E. Squires, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 987854. Abdul Waheed Shaikh, Petitioner v. Habib Bank Lim- ited. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied. No. 987871. Luis E. Gonzalez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 987872. Eva Patton Griffith, Petitioner v. Paul E. Gotthelf, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

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674 MONDAY, MARCH 29, 1999 No. 987875. Oscar Shibata, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appel- late District, denied. No. 987876. Anant Kumar Tripati, Petitioner v. Arizona; and Anant Kumar Tripati, Petitioner v. Arizona. Petition for writ of certiorari to the Supreme Court of Arizona denied. No. 987880. Michael A. Cooks, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. No. 987914. Benny Fred Hill, Petitioner v. Glenn Cowart. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 987942. 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 District of Columbia Circuit denied. No. 987977. Joe Nathan Tobie, Petitioner v. Department of the Inte- rior. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 987986. Eugene Summers, Petitioner v. Kenneth S. Apfel, Com- missioner of Social Security. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 987993. Alton Jackson Fales, 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. 988008. Harry Rodriguez, Petitioner v. Frederick K. Frank, Superintendent, State Correctional Institution at Huntingdon. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 988011. Bernard Ray Richardson, Petitioner v. Sandra Murphy. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988018. Dale St. John, Petitioner v. Melinda Bozarth, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988087. Joe Donald Mangrum, Petitioner v. Margaret Cobb, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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MONDAY, MARCH 29, 1999 675 No. 988106. Keith Fulton, Petitioner v. United States Postal Serv- ice. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 988115. Barry Hochhauser, 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. 988163. Stanley Baker, Petitioner v. Department of the Army, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the District of Columbia Circuit denied. No. 988190. Edward Allen Moore, Petitioner v. Michael Groose, As- sistant Director, Missouri Division of Adult Institutions. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 988191. Marina Medina, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988214. Thomas R. Grant, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Armed Forces denied. No. 988221. Michael Henry Smith, Petitioner v. Bureau of Prisons, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. No. 988227. Edward C. Sepulvado, et ux., Petitioners v. CSC Credit Services, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988240. Walter Louis Ingram, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988242. Frank M. Jimenez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 988243. Joan Valentine Mohamed, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 988247. Bernard Sangs, 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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676 MONDAY, MARCH 29, 1999 No. 988248. James Staton, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988250. Fred Richard Washburn, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988257. Corey Antoine Murray, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988259. Bobby Allen Davis, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988261. Ahmad Mohamad Ajaj, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 988265. Stephen G. Haslip, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 988266. Vincent Gamboa, 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 Ninth Circuit denied. No. 988268. Sam Reed Scruggs, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 988269. Jorge L. Perez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988274. Billy James Sims, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988280. Theodore Nathan Barnes, Petitioner v. Ohio. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988287. Javier Para-Guerrero, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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MONDAY, MARCH 29, 1999 677 No. 988288. Willie Louis Pope, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 988289. Lyle Ryman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 988291. Ahmad Shayesteh, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 988299. Charles H. Bowers, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 988301. John Young, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 988302. Maria Toney, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988303. Ronald Van Avery, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988305. Aldo Leal, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988307. William Jerome Mayfield, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 988308. Vinh Huu Nguyen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988312. Robert Ware, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988313. Lee Arthur Tucker, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 988314. Ivan Dario Betancur-Alvarez, 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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678 MONDAY, MARCH 29, 1999 No. 988317. Jose Castro-Rivera, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98966. City of Dallas, et al., Petitioners v. Dallas Fire Fighters Association, et al. On petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. Dissenting opinion by Justice Breyer, with whom Justice Ginsburg joins. No. 98990. Carmen Perillo, et al., Petitioners v. AT&T Corporation. 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. 987889. Brian Keith Baldwin, Petitioner v. Willie Johnson, War- den. Motion of Former State Supreme Court Justices, 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. No. 988151. 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.

Habeas Corpus Denied No. 988353. In Re Parnell Seaton, Petitioner. Petition for writ of habeas corpus denied.

Mandamus Denied No. 981294. In Re Lynn Johnston, Petitioner; No. 981354. In Re Frederick R. Catchpole, Petitioner; and No. 988271. In Re Milton J. Taylor, Petitioner. Petitions for writs of mandamus denied.

Rehearings Denied No. 981088. In Re Eileen Vey, Petitioner; No. 986860. In Re David Wayne Vanderbeck, aka Beck, Petitioner; No. 986952. Willie Ansley, Petitioner v. Greenbus Lines, Inc., et al.; and

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MONDAY, MARCH 29, 1999 679 No. 987229. Alfred Cross, Petitioner v. United States. Petitions for rehearing denied.

Attorney Discipline No. D2021. In the Matter of Disbarment of Edward Walker Reck- denwald. Disbarment order entered. No. D2025. In the Matter of Disbarment of Alan Harris Segal. Dis- barment order entered. No. D2027. In the Matter of Disbarment of John Michael Gill. Dis- barment order entered. No. D2028. In the Matter of Disbarment of William Palmer Efird. Disbarment order entered. No. D2029. In the Matter of Disbarment of Andrew R. Puglia. Dis- barment order entered. No. D2030. In the Matter of Disbarment of Michael S. Weiss. Dis- barment order entered. No. D2031. In the Matter of Disbarment of William B. Custer. Dis- barment order entered. No. D2057. In the Matter of Disbarment of James C. Lucas. James C. Lucas, of Lansing, 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. No. D2058. In the Matter of Disbarment of Daniel B. Jacobs. Daniel B. Jacobs, of Union City, 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. D2059. In the Matter of Disbarment of Michael D. Blutrich. Michael D. Blutrich, 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.

Recess Order The Court will take a recess from Monday, April 5, 1999 until Mon- day, April 19, 1999.

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680 MONDAY, MARCH 29, 1999 Admissions to the Bar on Written Motions Applicant City and State Movant Ramsey M. Al-Salam Seattle, WA Richard W. Seed Daniel James Anker Wilmington, DE Ann Conaway Anker Kristin Lee Baldwin Manasquan, NJ Michael Patrick O'Connell R. Bradley Best Oxford, MS David D. O'Donnell Richard Carl Binder Pasadena, CA William J. Cleary, Jr. Barry G. Braunstein Boston, MA Peter Hercules Sutton Joseph A. Camardo, Jr. Auburn, NY Hugh M. Palmer Margaret Creasy Ciardella Durham, NC Marilyn G. Ozer Timothy Cone Miami, FL Paul Michael Rashkind Vicki M. Crochet Baton Rouge, LA M. Lenore Feeney Gregory R. Futhey Lake St. Louis, Jerry L. Suddarth MO Jeffrey David Ganz Boston, MA Sheldon H. Ganz Scott Edwin Garrett New York, NY Jeffrey Charles Nagle Matthew Patrick Geary Richmond, VA Michael Coghlan Allen Henry Neal Gillman Miami, FL Robert Anthony Ginsburg Gregory L. Gliha Detroit, MI Gerard P. Peplowski Leta Elizabeth Gorman Portland, OR Andrew Robert Gardner Victoria Guerra McAllen, TX Joseph A. Connors, III Jeffrey W. Hightower, Jr. Dallas, TX Stephen W. Drinnon Jennifer Page Hite Columbus, OH Richard Joseph Vickers Odell Horton, Jr. Memphis, TN Beauchamp Evans Brogan Mark Richard Jewett Phoenix, AZ JoJene E. Mills Carol Small Jimenez Long Beach, CA Herbert Semmel

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MONDAY, MARCH 29, 1999 681

Applicant City and State Movant William F. Kimball Harlingen, TX Michael Ray Ezell Gina Gail MacDonald Santa Clarita, CA Eugene E. Siegel Mary VanOsdel Manning Glendale, CA Martin Stein John T. Manning Willsboro, NY Thomas E. DeLorenzo Robert T. Mitchell, Jr. Winchester, VA Gregory Wells Bowman Jill Christina Morrison Washington, DC Verna L. Williams Kevin Patrick Murphy Warren, OH William Lee Hawley E. Josephine Nippard Ellicott City, MD Lynne Ann Battaglia Paul S. Norris Pasadena, CA William J. Cleary, Jr. Samuel Joseph Nugent Toledo, OH Harland Marshall Britz Jalen O'Neil Topeka, KS Kirk W. Lowry James Sands Olsen Chillicothe, OH Willis Walker Timothy Meade Richardson Virginia Beach, Glen A. Huff VA Robert R. Rigg Des Moines, IA Sally Belinkoff Frank Richard I. Roemer Indian Wells, CA Donald Martin Nethery Seth Kasel Schalit San Francisco, CA Laurence Keith Sullivan Albert L. Schmeiser Mesa, AZ David K. Udall Nancy Segal Washington, DC Paul Steven Miller Stacy Deanne Simon Dallas, TX William D. Sims, Jr. Catherine Susan St. Pierre Baton Rouge, LA James R. Lewis Jeffrey B. Teichert Cheyenne, WY Richard G. Wilkins Mark L. Walters Houston, TX F. Walter Conrad, Jr. Michael N. Watts Oxford, MS Thomas J. Suszek Gary Stephen Wiese Bellevue, WA Robert B. Kornfeld Deborah Louise Wilson New Orleans, LA Annabelle H. Walker

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682 MONDAY, MARCH 29, 1999 Admissions to the Bar on Oral Motions Applicant City and State Movant Robert Frank Swan, Jr. Miami, FL Francis John Lorson Anisa Patrice Kelley Richmond, VA Salvatore Joseph Zambri Galo M. Proano Rochester, NY Dennis James Bischof, Jr. Cynthia Marian Shepherd Washington, DC Henry Thomas Padrick, Jr. Gilda R. Williams Washington, DC Edward Still

Oral Arguments No. 9810. Jefferson County, Alabama, Petitioner v. William M. Acker, Senior Judge, United States District Court for the Northern District of Alabama, and U. W. Clemon, Judge, United States District Court for the Northern District of Alabama. Argued by Mr. Jeffrey M. Sewell for the petitioner, by Mr. Kent L. Jones for the United States as amicus curiae, by special leave of the Court, and by Mr. Alan B. Morrison for the respondents. No. 985881. Benjamin Lee Lilly, Petitioner v. Virginia. Argued by Mr. Ira S. Sacks for the petitioner and by Ms. Kathleen P. Baldwin for the respondent.

Adjourned until Tuesday, March 30, 1999, at 10 o'clock.

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(JOURNAL) TUESDAY, MARCH 30, 1999 683 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. 971139. United States, Petitioner v. Jacinto Rodriguez-Moreno. 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 proceedings in conformity with the opinion of this Court. Opinion by Justice Thomas. Dissenting opinion by Justice Scalia, with whom Justice Ste- vens joins.

Admissions to the Bar on Oral Motions Applicant City and State Movant Aaron Kyle Berman Media, PA Judge Robert A. Wright Michael Anthony Cerrato Media, PA Judge Robert A. Wright George P. Cordes Media, PA Judge Robert A. Wright Aileen Marie Devine Drexel Hill, PA Judge Robert A. Wright Constantine Z. Economides Media, PA Judge Robert A. Wright Henry DiBenedetto-Forrest Havertown, PA Judge Robert A. Wright Carol Tatem Herring Chester, PA Judge Robert A. Wright Basil Chris Koudelis Havertown, PA Judge Robert A. Wright Kevin Roberts Marciano Media, PA Judge Robert A. Wright Shawn Marie McLaughlin Warrington, PA Judge Robert A. Wright William T. Neill, III Media, PA Judge Robert A. Wright

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684 TUESDAY, MARCH 30, 1999

Applicant City and State Movant Don Paul Palermo, Jr. Media, PA Judge Robert A. Wright Stuart S. Smith Media, PA Judge Robert A. Wright Michelle T. Wirtner Philadelphia, PA Judge Robert A. Wright Barbara Jeanne Ferguson Santa Ana, CA George John Pantos James F. Topliff Spokane, WA Mary Beth Socha Nethercutt Robert John Jondle Omaha, NE Gideon Franklin Rothwell, IV Domenica Ann Osterberger Joliet, IL Michael Marc Glick Russell Kenneth Benton Chicago, IL Lisa Anne Hoffman Mary Beth Burns Hoffman Estates, Lisa Anne IL Hoffman Regina L. Wright Manassas, VA Lisa Anne Hoffman

Oral Arguments No. 98262. Bill Martin, Director, Michigan Department of Correc- tions, et al., Petitioners v. Everett Hadix, et al. Argued by Mr. Thomas L. Casey for the petitioners and by Ms. Deborah A. La Belle for the respondents. No. 972048. William D. O'Sullivan, Petitioner v. David Boerckel. Argued by Mr. William L. Browers for the petitioner and by Mr. David B. Mote for the respondent.

Adjourned until Wednesday, March 31, 1999, at 10 o'clock.

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(JOURNAL) WEDNESDAY, MARCH 31, 1999 685 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 Rex Loring Altman Los Angeles, CA Francis John Lorson Lucinda Ann Bendat Santa Monica, CA Francis John Lorson James Russell Bendat Los Angeles, CA Francis John Lorson Robert A. N. Cudd Darien, CT Christie Skeels Warren Thomas C. Goldstein Washington, DC Jonathan David Schiller Julie McKinley Armstrong Cape Elizabeth, Peter J. Brann ME Hedda E. Litwin North Bethesda, Dan Schweitzer MD Michele Joan McDonald Baltimore, MD Andrew H. Baida Mark D. McCurdy Ellicott City, MD Andrew H. Baida

Oral Arguments No. 98436. John H. Alden, et al., Petitioners v. Maine. Argued by Mr. Laurence S. Gold for the petitioners, by Mr. Seth P. Waxman for intervenor United States, and by Mr. Peter J. Brann for the respondent. No. 98231. Grupo Mexicano De Desarrollo, S. A., et al., Petitioners v. Alliance Bond Fund, Inc., et al. Argued by Mr. Richard A. Mescon for the petitioners and by Mr. Drew S. Days, III, for the respondents.

Adjourned until Monday, April 5, 1999, at 10 o'clock.

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(JOURNAL) FRIDAY, APRIL 2, 1999 687 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. 988742. Lydia Calambro, as Next Friend of Alvaro Calambro, Petitioner v. John Ignacio, Warden. 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 would grant the application for stay of execution.

Order In Pending Case No. 988384. Terry Williams, Petitioner v. John Taylor, Warden. Ap- plication for stay of execution of sentence of death presented to The Chief Justice 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.

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(JOURNAL) MONDAY, APRIL 5, 1999 689 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice O'Connor, Justice Gins- burg, 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. A726. Barry Weinstein, Applicant v. New Jersey. Application for injunctive relief addressed to Justice Ginsburg and referred to the Court denied. No. M53. John Thompson, Petitioner v. Burl Cain, Warden. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M54. Douglas J. Hardo, Petitioner v. William J. Henderson, Postmaster General. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M55. Cleophas Burrell, Petitioner v. Pensacola Police Depart- ment, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M56. Hakeem Obba, aka Bertell Procher, Jr., Petitioner v. John Marshall, Superintendent, Massachusetts Correctional Institution- Cedar Junction. 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. Motion of the Special Master for compensation and reimbursement of expenses granted, and it is ordered that the Special Master is awarded a total of $36,708.57 for the period September 10, 1997, through Febru- ary 28, 1999, to be paid equally by the parties. No. 98149. College Savings Bank, Petitioner v. Florida Prepaid Postsecondary Education Expense Board, et al. Motion of the Solicitor General for divided argument granted to be divided evenly between counsel for the petitioner and the Solicitor General. Motion of Ameri- can Intellectual Property Law Association for leave to file a brief as amicus curiae granted. No. 98531. Florida Prepaid Postsecondary Education Expense Board, Petitioner v. College Savings Bank and United States. Motion

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690 MONDAY, APRIL 5, 1999 of the Solicitor General for divided argument granted to be divided evenly between counsel for College Savings Bank and the Solicitor General. No. 98591. Albertsons, Inc., Petitioner v. Hallie Kirkingburg. Mo- tion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted. No. 98830. Amoco Production Company, etc., Petitioner v. Southern Ute Indian Tribe, et al. Motion of Wyoming for leave to participate in oral argument as amicus curiae and for divided argument granted to be divided as follows: 20 minutes for the petitioner and 10 minutes for Wyoming. Justice Breyer took no part in the consideration or decision of this motion. No. 986322. Antonio Tonton Slack, Petitioner v. Eldon McDaniel, Warden, et al. Motion for appointment of counsel granted, and it is ordered that Michael Pescetta, Esquire, of Las Vegas, Nevada, is ap- pointed to serve as counsel for the petitioner in this case. No. 986879. Perry J. Mace, Petitioner v. Missouri, et al. Motion of petitioner for reconsideration of order denying leave to proceed in forma pauperis denied.

Certiorari Granted No. 988384. Terry Williams, Petitioner v. John Taylor, Warden. Mo- tion of petitioner for leave to proceed in forma pauperis granted. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit granted limited to Questions 1a and b, 2, and 3, presented by the petition.

Certiorari Denied No. 98876. Rick Clark, Petitioner v. United States; No. 987027. Darrell Chip Wadena, Petitioner v. United States; and No. 987069. Jerry Joseph Rawley, Jr., Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 981035. State-Record Co., Inc., Petitioner v. B. J. Quattlebaum. Petition for writ of certiorari to the Supreme Court of South Carolina denied. No. 981056. City of Little Rock, Petitioner v. Charles Goss; and No. 981234. Charles Goss, Petitioner v. City of Little Rock. Peti- tions for writs of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

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MONDAY, APRIL 5, 1999 691 No. 981135. Aquatherm Industries, Inc., Petitioner v. Florida Power & Light Company. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 981149. Odilon Chacha Coto, et al., Petitioners v. J. Ray McDer- mott, S.A., et al. Petition for writ of certiorari to the Court of Appeal of Louisiana, Fourth Circuit, denied. No. 981218. Gerald Theodore Michaud, Petitioner v. State Farm Insurance, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981219. Marlena N. Russell, Petitioner v. Chattanooga- Hamilton County Hospital Authority. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 981224. Clarence Brown, et ux., etc., Petitioners v. Medical Center of New Orleans. Petition for writ of certiorari to the Court of Appeal of Louisiana, Fourth Circuit, denied. No. 981225. Larry Barnes, Petitioner v. Lowe's Companies, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 981227. Connie Sue Valverde Jones, Individually, and as Repre- sentative of the Estate of Matthew Marvin Shepp, Deceased, et al., Petitioners v. Luhr Bros., Incorporated. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 981229. Jimmy Boyd, Petitioner v. State Farm Insurance Com- panies. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 981231. Bankruptcy Estate of Ulpiano Unanue-Casal, aka Charles Unanue, Petitioner v. Goya Foods, Inc., et al.; and No. 981250. Ulpiano Unanue-Casal, aka Charles Unanue, Petitioner v. Goya Foods, Inc., et al. Petitions for writs of certiorari to the Supe- rior Court of New Jersey, Appellate Division, denied. No. 981239. Aetna Finance Company, dba ITT Financial Services, Petitioner v. Mildred Williams. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 981241. Kevin M. McGuiness, Petitioner v. University of New Mexico School of Medicine. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 981244. William Bradshaw and Robert Shepherd, Petitioners v. Igloo Products Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

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692 MONDAY, APRIL 5, 1999 No. 981283. Russell Edward Dorwart, Petitioner v. Paul Caraway, Individually, and As a Deputy In The Stillwater County Sheriff's Of- fice, et al. Petition for writ of certiorari to the Supreme Court of Mon- tana denied. No. 981286. John McLemore, Petitioner v. WFAA-TV, Inc. Petition for writ of certiorari to the Supreme Court of Texas denied. No. 981335. Utah Foam Products Co., Petitioner v. Upjohn Com- pany. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied. No. 981347. Michael J. McEachern, Petitioner v. John T. Black. Peti- tion for writ of certiorari to the Court of Appeals of South Carolina denied. No. 981349. Harriet Dixon, Petitioner v. Boise Cascade Corpora- tion. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. No. 981383. Joseph Stahulak, Petitioner v. City of Chicago, et al. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 981397. Douglas Alan Jarvis, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 981400. Melanie Ann Robinson, Petitioner v. Department of the Army. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 981402. Russell Reed, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 981413. Dale D. Hoffman, Petitioner v. William E. Cohen, Sec- retary of Defense, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 981432. Bernice Tambascia, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 986140. Chi Pang Lee, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 986973. Bradley Scott Phillips, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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MONDAY, APRIL 5, 1999 693 No. 987479. Clarence Nesbit, Petitioner v. Tennessee. Petition for writ of certiorari to the Supreme Court of Tennessee, Western Divi- sion, denied. No. 987486. Cynthia Ledford, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987795. Alonzo Lydell Burgess, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. No. 987890. David Leon Cummings, Petitioner v. Edward Evans, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 987901. Paul W. Cousino, Petitioner v. John B. Kiefer. Petition for writ of certiorari to the Court of Appeals of Michigan denied. No. 987902. John T. Copley, Petitioner v. Donald Sammons, et al. Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied. No. 987903. Henry Campbell, Petitioner v. City of Union Point, Georgia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 987906. Donald L. Spencer, Petitioner v. D. A. Garraghty, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. No. 987908. Benjamin Gyadu, Petitioner v. D'Addario Industries, et al. Petition for writ of certiorari to the Appellate Court of Connecti- cut denied. No. 987910. Norman E. Dickinson, Petitioner v. Michael J. Chit- wood, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 987913. Jesse Humberto Gutierrez, Petitioner v. Suzan Hub- bard, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987916. Darnell Edison, Petitioner v. Terry A. Pitcher, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987920. Harvey F. Euge, Petitioner v. Robert Adler, Judge, St. Louis County Municipal Court, 21st Judicial Circuit, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.

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694 MONDAY, APRIL 5, 1999 No. 987921. Archie Harris, Petitioner v. Burl Cain, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987923. Dennis Estell, Petitioner v. Drew Edmondson, Attor- ney General of Oklahoma. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 987926. Ricardo V. Dodson, Petitioner v. Anthony J. Brigano, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987928. Gerry Ranson, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 987931. Johnathan Gregory Hoffman, Petitioner v. North Caro- lina. Petition for writ of certiorari to the Supreme Court of North Carolina denied. No. 987934. Billy Ladd Henry, Petitioner v. Robert Conley, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 987937. Thomas Reid DeCarlo, Petitioner v. Michael F. Easley, Attorney General of North Carolina, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Fourth Circuit denied. No. 987938. Lionell J. Davis, Petitioner v. C. M. Lensing, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. No. 987939. Leon Hawkins, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Franklin County, denied. No. 987940. Thurman Freeman, 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. 987943. James Ellis, Jr., Petitioner v. M. Lyles, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987945. Paul Frank De Santis, 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. 987946. Paul Earl Dorsey, Petitioner v. Harris County Jail, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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MONDAY, APRIL 5, 1999 695 No. 987947. Johnnie E. Ewing, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appel- late District, denied. No. 987948. William Von Flowers, Petitioner v. James E. Doyle, Attorney General of Wisconsin. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 987953. Isiah James, Jr., Petitioner v. P. Douglas Taylor, War- den, et al. Petition for writ of certiorari to the Supreme Court of South Carolina denied. No. 987954. William W. Moore-Bey, Petitioner v. Conrado Delrosa- rio, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 987955. Peter Kaugurs, Petitioner v. C. Tarr, Jr. Petition for writ of certiorari to the Supreme Court of Nevada denied. No. 987958. Paul Lavertu, Petitioner v. New Hampshire Supreme Court. Petition for writ of certiorari to the Supreme Court of New Hampshire denied. No. 987959. David Andrew Maples, Petitioner v. Michigan. Petition for writ of certiorari to the Court of Appeals of Michigan denied. No. 987971. Robert L. Hawkins, Petitioner v. Mary Sue Czarnecki, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 987972. Alberto Tolento, Petitioner v. Steven Cambra, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987973. Frank E. Voth, Petitioner v. Pam Fugazzi. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987974. Johnny Ray Valchar, 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. 987975. Freddie Thibodeaux, 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. 987976. James E. Tyler, Petitioner v. Jack Duckworth, Superin- tendent, Correctional Industrial Facility. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

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696 MONDAY, APRIL 5, 1999 No. 987989. James H. Higgason, Jr., Petitioner v. Betty Shroyer, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 987992. Michael Ford, 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. 987994. Cristian Job DelBosque, Petitioner v. Richard Morgan. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988012. Dimitry Ware, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 988013. Rodney E. Thomas, Petitioner v. Robert G. Borg. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988014. Patricia Eckstein Webb, Petitioner 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. 988022. Thomas A. Beatty, Petitioner v. Dr. Charkravorty, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 988023. Qasauca Jalil Amura, aka Charles Johnson, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. No. 988024. Darryl Christian, Petitioner v. Rodney J. Ahitow, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. No. 988025. Willette Benford, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 988050. Rodney Gray, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied. No. 988116. David Biro, Petitioner v. Thomas F. Page, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 988117. Wayne L. Anduha, 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.

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MONDAY, APRIL 5, 1999 697 No. 988144. Christopher Carbin, Petitioner v. Mississippi, et al. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988148. Brad H. Sidles, Petitioner v. William K. Suter, Clerk, Supreme Court of the United States, et al. Petition for writ of certio- rari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 988149. David B. Rowe, 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. 988161. Debra Denise Brown, Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied. No. 988171. Edward Lee Harper, Jr., Petitioner v. Kentucky. Peti- tion for writ of certiorari to the Supreme Court of Kentucky denied. No. 988187. Melvin M. Marin, 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. 988192. Tivan Johnson, Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections. Petition for writ of cer- tiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied. No. 988196. Margaret A. Collins, Petitioner v. Kenneth S. Apfel, Commissioner of Social Security. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 988225. Oludare Ogunde, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 988236. Willie J. Manning, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied. No. 988241. Barry M. Martin, Petitioner v. City of Danville, Vir- ginia. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. No. 988254. William McKinley, Petitioner v. United States; and No. 988345. Darnell L. Walker, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988276. Wayne James, Petitioner v. Togo D. West, Jr., Secre- tary of Veterans Affairs. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 988286. Ricardo Briones, Petitioner v. United States; and

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698 MONDAY, APRIL 5, 1999 No. 988340. Riley Briones, Sr., Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988296. John Wayne Tonubbee, Petitioner v. Burl Cain, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. No. 988304. Edward Webb, Petitioner v. Joe Williams, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 988322. Paul Franco, aka Marc L. Merrill, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 988325. Edward Hanserd, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988326. Vincent Gonzalez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988332. Jose Santos Gallegos, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988334. Mark Rodgers, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988335. Jesus Ramirez-Galvan, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988336. William Smith, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988337. Olajide Odunayo Soloye, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988338. Morris James Perry, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988339. Steven Blair Speal, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

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MONDAY, APRIL 5, 1999 699 No. 988347. Erick Torres, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 988349. Harold Onee Behrens, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 988350. Kevin Tyrone Baldwin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988351. Anthony Jerome Collier, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Ap- peals denied. No. 988354. James L. Sweed, Petitioner v. United States Court of Appeals for the Fifth Circuit. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988355. Derrick V. Redd, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988356. Curtis Simons, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 988358. Davy Jay Bounsall, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988365. Nathan Eugene Stearns, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 988367. Robert Lorge, aka Bobby, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 988368. Richard Dean Laszczynski, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988370. Vincent Rochel Lewis, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988371. William F. Lincoln, 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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700 MONDAY, APRIL 5, 1999 No. 988376. Arlie D. Maggard and Daisy Dawn Maggard, Petition- ers v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 988379. Alexander Paul, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 988381. Robert Watson, Petitioner v. Connecticut. Petition for writ of certiorari to the Appellate Court of Connecticut denied. No. 988385. Edward J. Robinson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988386. Rolando M. Abisia, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988388. Victor Vanterpool, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 988389. Simon Chow, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988390. Randy Earnest Todd, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988393. Norbert W. Stewart, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988396. Barbara Blythe Harris, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988397. Jose Manuel Donelson, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988408. Kirby E. Peterson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 988409. Gregory Smith, 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, APRIL 5, 1999 701 No. 988415. William C. Brewster, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988416. Randall J. Cofske, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 988418. Jesse Phillips, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 988422. Steven Lamont Lewis, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988423. Christopher L. Jones, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 988427. Albert G. Milano, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 988449. Jesse Willis Thurston, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988452. Harold Jerry Garmany, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988456. Jesus Hernandez-Guevara, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988457. Paul Allen Humphreys, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 988458. Arthur L. Doe, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 988464. James J. Dunn, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 988465. Abdul Tabbaa, 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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702 MONDAY, APRIL 5, 1999 No. 971357. John W. Thompson, et al., Petitioners v. Mille Lacs Band of Chippewa Indians, et al. Motion of Dean Crist 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. 98899. Gerald Frank Plunk, Petitioner v. United States. 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 Ninth Circuit denied. No. 981026. Washington, Petitioner v. United States, et al.; No. 981028. Puget Sound Shellfish Growers, Petitioner v. United States, et al.; No. 981039. 26 Tideland and Upland Private Property Owners, et al., Petitioners v. United States, et al.; and No. 981052. Larry B. Alexander, et ux., et al., Petitioners v. United States, et al. Motion of Pacific Legal Foundation for leave to file a brief as amicus curiae granted. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981077. Californians for Safe and Competitive Dump Truck Transportation, et al., Petitioners v. Roberta E. Mendonca, et al. Mo- tion of California Trucking 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 denied. No. 981082. Arthur Calderon, Warden, Petitioner v. United States District Court for the Central District of California (Horace Edwards Kelly, Real Party in Interest). Motion of respondent Horace Edwards Kelly for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Cir- cuit denied.

Habeas Corpus Denied

No. 988434. In Re Lemuel Kinney, Petitioner; No. 988448. In Re Scott Louis YoungBear, Petitioner; No. 988468. In Re Alfonza Leonard Artis, Sr., Petitioner; No. 988474. In Re Ralph Radovich, Petitioner; No. 988503. In Re Earthel B. Hill, Petitioner; and No. 988520. In Re Raphael Dwight Hundley, Petitioner. Petitions for writs of habeas corpus denied.

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MONDAY, APRIL 5, 1999 703 Rehearings Denied

No. 986636. David Deleon Ramirez, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division; No. 986745. Oliver Pierce, Jr., Petitioner v. Local 863, International Brotherhood of Teamsters, et al.; No. 987038. Eugene H. Mathison, Petitioner v. United States; No. 987149. Michile Anthony Blount, Petitioner v. United States; No. 987375. Joyce Carmen Ramos, Petitioner v. United States; No. 987493. Mauricio Criales, Petitioner v. American Airlines, Inc.; No. 987807. In Re Freddie Louis Brewer, Petitioner; and No. 987845. David S. McKeeve, Petitioner v. United States. Peti- tions for rehearing denied.

Admissions to the Bar on Written Motions Applicant City and State Movant John Joseph Amarante Dayton, OH Carley Jean Ingram Rod Steven Berman Los Angeles, CA Herbert Ashley Bernhard Karen Budd-Falen Cheyenne, WY Mary Bell Guthrie Christine M. D'Elia Aberdeen, NJ Nancy A. Hulett Thomas Lewis Davis Birmingham, AL Jefferson B. Sessions Raighne C. Delaney Alexandria, VA Richard Murray William Patrick Doney West Palm Beach, Russell S. Bohn FL Jeffrey Bryant Engle Harrisburg, PA Judge Joseph Haines Kleinfelter Richard H. Ferri Chicago, IL Michael W. Rathsack Jack Lewis Franks, II Pittsburgh, PA Stephen M. Farino James J. Gallinaro Annandale, VA John C. Duncan, III James M. Genia Onamia, MN Marc D. Slonim Peter Giannini Los Angeles, CA Jean R. Sternberg Janice Shelburne Enon Valley, PA Evalyn Beatrice Haagensen Welling Patricia A. Hall Durango, CO Frank E. Maynes John R. Hamilton Orlando, FL Jon M. Wilson

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704 MONDAY, APRIL 5, 1999

Applicant City and State Movant Tamie Lynne Hopp Rapid City, SD William James Burke Richard L. Josephson Houston, TX F. Walter Conrad, Jr. Gerard F. Keating Daytona Beach, Laurence H. FL Bartlett Paul Michael Kienzle, III Albuquerque, NM William Joseph Arland, III Loretta M. Lamb Seattle, WA Christine O'Grady Gregoire Karen Laureen Landinger El Paso, TX Robert Davidson Dinsmoor Andree Marie Larose Helena, MT Thomas K. Gilhool David Michael Lutz Baltimore, MD Thanos Kanellakos Regina Ciccone MacAdam Washington, DC Cynthia Felicia Reaves William J. McCabe Sleepy Hollow, NY John O. Tramontine Joseph Andrew McCluskey Fort Pierce, FL Frank Joseph Lynch, Jr. Pace Jefferson McConkie Annapolis, MD Mark J. Davis Thomas Ross McSwain Tallahassee, FL Thomas R. Tedcastle William J. Meacham Edwardsville, IL Howard B. Eisenberg Jeffrey Craig Miller Omaha, NE Malcolm Dow Young Anthony Louis Montagna, Norfolk, VA Anthony Louis III Montagna, Jr. Cynthia S. Murphy Port Charlotte, Earl Drayton FL Farr, Jr. Stacy Lee Saetta Sacramento, CA Robin Leslie Stewart Connie M. Schider Punta Gorda, FL Earl Drayton Farr, Jr. Pamela D. Scott Anchorage, AK Rex Lamont Butler Frederick A. Sewards Columbus, OH Gary Wright Hammond Janice C. Sheftel Durango, CO Frank E. Maynes

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MONDAY, APRIL 5, 1999 705

Applicant City and State Movant Thomas Julian Skinner, IV Birmingham, AL Gerald Alan Templeton John Barlow Spear Durango, CO Frank E. Maynes Ronald J. Szymanski Chicago, IL David A. Baitman Donald M. Thompson Rochester, NY Philip Saul Glickman Peter Jon Van Hoek Detroit, MI David Andrew Moran Eric Roland Wagner San Francisco, CA Richard Allan Bennett Eileen N. Wagner Richmond, VA Marcia D. Greenberger Lisa A. Waldman Reading, PA Gary Scott Gildin Jennifer Lynn Thieret Newport, KY Alvertis Walter Westermeyer Bishop, Jr. Duncan Alexander Young Omaha, NE Malcolm Dow Young

Opinions

No. 971909. Murphy Brothers, Inc., Petitioner v. Michetti Pipe Stringing, Inc. 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 Justice Ginsburg. Dissenting opinion by The Chief Justice, with whom Justice Scalia and Justice Thomas join. No. 977541. Amanda Mitchell, Petitioner v. United States. On writ of certiorari to the United States Court of Appeals for the Third Cir- cuit. Judgment reversed, and case remanded to the United States Court of Appeals for the Third Circuit for further proceedings in con- formity with the opinion of this Court. Opinion by Justice Kennedy, announced by The Chief Justice. Dissenting opinion by Justice Scalia, with whom The Chief Justice, Justice O'Connor and Justice Thomas join. Dissenting opinion by Justice Thomas. No. 98184. Wyoming, Petitioner v. Sandra Houghton. On writ of certiorari to the Supreme Court of Wyoming. Judgment reversed, and case remanded to the Supreme Court of Wyoming for further proceed- ings not inconsistent with the opinion of this Court. Opinion by Justice Scalia, announced by The Chief Justice. Concurring opinion by Justice

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706 MONDAY, APRIL 5, 1999 Breyer. Dissenting opinion by Justice Stevens, with whom Justice Sou- ter and Justice Ginsburg join. No. 971802. David Conn and Carol Najera, Petitioners v. Paul L. Gabbert. 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 The Chief Justice. Opinion by Justice Stevens concurring in the judgment.

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

Jacob Shaye Frenkel Washington, DC Theodore Stewart Greenberg Samuel Kadet New York, NY Colleen P. Mahoney Jeffrey Eric Wulkan Los Angeles, CA Donna L. Wulkan Carol Giarrizzo Bridge Buffalo, NY Charles Patrick Bridge Charles Christopher Bridge Buffalo, NY Charles Patrick Bridge William Edward Coonan Fairview Heights, Philip L. Weiner IL Thomas S. Marjerison Portland, OR Philip L. Weiner Thomas Gregory Motta Portsmouth, NH Philip L. Weiner Stephen Gold Flemington, NJ Constantine N. Katsoris Robert E. Monaghan Westfield, NJ Constantine N. Katsoris Michael J. K. Schiumo New York, NY Constantine N. Katsoris Robert L. Alpert Chapel Hill, NC Constantine N. Katsoris Bernard D. Brady Goshen, NY Constantine N. Katsoris Patrick Carroll Crilley Wantagh, NY Constantine N. Katsoris John M. Duffy Central Islip, NY Constantine N. Katsoris Alan Peter Force New York, NY Constantine N. Katsoris

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MONDAY, APRIL 5, 1999 707

Applicant City and State Movant Robert E. Friedman New York, NY Constantine N. Katsoris John Paul Hicks Albany, NY Constantine N. Katsoris Mary Frances Leheny New York, NY Constantine N. Katsoris Kevin Barry McGrath, Jr. New York, NY Constantine N. Katsoris John P. Perfetti Scarsdale, NY Constantine N. Katsoris Eric A. Prager New York, NY Constantine N. Katsoris Albert M. Rizzo New York, NY Constantine N. Katsoris Alla Roytberg New York, NY Constantine N. Katsoris Michael Shay Ryan Phoenix, AZ Constantine N. Katsoris Andrew Watson Samaan New York, NY Constantine N. Katsoris C. David Sammons Rye, NY Constantine N. Katsoris Lawrence Schneider New York, NY Constantine N. Katsoris Steven Bruce Shackman New York, NY Constantine N. Katsoris William Michael Spelman New York, NY Constantine N. Katsoris Kerry Mithalal Stella New York, NY Constantine N. Katsoris Christopher G. Stella New York, NY Constantine N. Katsoris Marshall D. Sweetbaum Lake Success, NY Constantine N. Katsoris Allison J. Unger New York, NY Constantine N. Katsoris Tracey Spencer Walsh Tuckahoe, NY Constantine N. Katsoris

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708 MONDAY, APRIL 5, 1999

Applicant City and State Movant James R. Wilson New York, NY Constantine N. Katsoris Michael Sean Dufault Arlington, VA Lee S. Michaels Jonathan David Berchem Milford, CT Lee S. Michaels Caroline Schnog Hartford, CT Lee S. Michaels David Zuckerbraun New London, CT Lee S. Michaels John Mark Burgett North Bethesda, Lee S. Michaels MD Karen Lynn Burgett North Bethesda, Lee S. Michaels MD Armando Eduardo Rosal Melbourne, FL Lee S. Michaels Agnes Pierre-Antoine Boston, MA Lee S. Michaels David Lawrence Wheeler Waterville, ME Lee S. Michaels James T. Oxendine Salisbury, NC Lee S. Michaels Lawrence Steven Eichler West orange, NJ Lee S. Michaels Mark David Blum Fayetteville, NY Lee S. Michaels Jerome T. Dorfman Oyster Bay Cove, Lee S. Michaels NY Allan Finkel New York, NY Lee S. Michaels Robert Thomas Jewett Cortland, NY Lee S. Michaels Kathleen E. McCarthy New York, NY Lee S. Michaels Michael P. McCarthy Syracuse, NY Lee S. Michaels J. Mark McCarthy Syracuse, NY Lee S. Michaels Sylvia Margarita Montan New York, NY Lee S. Michaels Peter A. Orville Vestal, NY Lee S. Michaels Theodore H. Paraskevas New York, NY Lee S. Michaels Clarissa A. Robinson Syracuse, NY Lee S. Michaels Thomas P. Roerden Syracuse, NY Lee S. Michaels Elizabeth Ann Salvagno Syracuse, NY Lee S. Michaels Marcia Jen Sanchack Philadelphia, PA Lee S. Michaels Margaret Elizabeth Rochester, NY Lee S. Michaels Somerset Sandra L. Townes Syracuse, NY Lee S. Michaels Roberta G. Williams Auburn, NY Lee S. Michaels Keith Allan Miller Sweet Home, OR Lee S. Michaels Donald D. Page Providence, RI Lee S. Michaels

Adjourned until Monday, April 19, 1999, at 10 o'clock.

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(JOURNAL) TUESDAY, APRIL 13, 1999 709 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. 988824. Carl Hamilton Chichester, Petitioner v. John Taylor, 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. 988930. In Re Roy Ramsey, 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) MONDAY, APRIL 19, 1999 711 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. 98933. ApolloMedia Corporation, Appellant v. Janet Reno, At- torney General. Appeal from the United States District Court for the Northern District of California. Judgment affirmed. Justice Stevens would postpone the question of jurisdiction to hearing the case on the merits.

Certiorari-Summary Disposition No. 981204. Victoria L. Bradshaw, Labor Commissioner of Califor- nia, et al., Petitioners v. G & G Fire Sprinklers, Inc. 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 consideration in light of American Manufacturers Mutual Insurance Company v. Sullivan, 526 U. S. (1999).

Orders In Pending Cases No. A717. Earlene Polyak, Applicant v. Dora Lee Hulen, et al. Ap- plication for stay addressed to Justice Ginsburg and referred to the Court denied. No. A759. Ralph E. Davis, Applicant v. Michael Bowersox, Superin- tendent, Potosi Correctional Center. Application for certificate of ap- pealability addressed to Justice Stevens and referred to the Court denied. No. M57. Isaac Perry, Petitioner v. United States. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M58. Julie N., Petitioner v. Tuolumne County Department of Human Services Agency. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied.

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712 MONDAY, APRIL 19, 1999 No. M59. Diana LeBreton, Petitioner v. Felix Rabito, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. 981586. J. Michael Hill, Petitioner v. Michigan Attorney Griev- ance Commission. Application for stay addressed to Justice Thomas and referred to the Court denied. No. 98531. Florida Prepaid Postsecondary Education Expense Board, Petitioner v. College Savings Bank and United States. Motion of Federal Circuit Bar Association for leave to file a brief as amicus curiae granted. No. 985881. Benjamin Lee Lilly, Petitioner v. Virginia. Motion of American Civil Liberties Union, et al., for leave to file a brief as amici curiae granted. No. 987299. In Re Vincent Rivera, Petitioner. Motion of petitioner for leave to proceed in forma pauperis denied. See Rule 39.8. Peti- tioner allowed until May 10, 1999, 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. 987547. Richard M. Cross, Petitioner v. Pelican Bay State Prison, et al.; No. 987548. Richard M. Cross, Petitioner v. Steven Cambra, Warden; No. 987550. Richard M. Cross, Petitioner v. Pelican Bay State Prison, et al.; and No. 987551. Richard M. Cross, Petitioner v. Pelican Bay State Prison, et al. Motion of petitioner for reconsideration of orders denying leave to proceed in forma pauperis denied. No. 987983. In Re Vincent F. Rivera, Petitioner. Motion of peti- tioner for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner allowed until May 10, 1999, 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. 988056. Jack T. Fredyma, Petitioner v. Lake Sunapee Bank, et al. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner allowed until May 10, 1999, 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. 988093. Robert E. Prunty, Petitioner v. John D. Holschuh, Se- nior Judge, United States District Court for the Southern District of Ohio, et al. Motion of petitioner for leave to proceed in forma pau-

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MONDAY, APRIL 19, 1999 713 peris denied. See Rule 39.8. Petitioner allowed until May 10, 1999, 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. 988609. In Re Billy Holmes Richards, Petitioner. Motion of petitioner for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner allowed until May 10, 1999, 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.

Certiorari Granted

No. 981109. Donna E. Shalala, Secretary of Health and Human Services, et al., Petitioners v. Illinois Council on Long Term Care, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit granted. No. 981101. Rohn F. Drye, Jr., et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit granted limited to the following question: "Whether the interest of an heir in an estate constitutes 'property' or a `right to property' to which the federal tax lien attaches under 26 U. S. C. §6321 even though the heir thereafter purports retroactively to disclaim the interest under state law." No. 987809. Salvador Martinez, Petitioner v. Court of Appeal of California, Fourth Appellate District. 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 ques- tion: "Does a criminal defendant have a constitutional right to elect self-representation on direct appeal from a judgment of conviction?"

Certiorari Denied

No. 98927. Raymond V. Moyle, Petitioner v. Director, Office of Workers' Compensation Programs, and Jones Oregon Stevedoring. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 98977. American Bible Society, et al., Petitioners v. Boyd L. Ritchie, Guardian of the Estate of Louise T. Peter. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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714 MONDAY, APRIL 19, 1999 No. 98992. Bob T. Moore, et ux., Petitioners v. Ashland Chemical, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 98993. Dale Lynn Ryan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 981059. National Association for Biomedical Research, Peti- tioner v. Animal Legal Defense Fund, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 981066. John Michael Bates, Petitioner v. Arkansas. Petition for writ of certiorari to the Court of Appeals of Arkansas denied. No. 981076. Portland 76 Auto/Truck Plaza, Inc., Petitioner v. Union Oil Company of California, dba UNOCAL Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981131. Ann Warder, et al., 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 First Circuit denied. No. 981155. Electric Engineering Company, Petitioner v. Calpine Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981194. Steeltek, Inc., Petitioner v. Randy D. Griffin. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 981215. William James Stajos, dba American Eagle Fireworks, Inc., Petitioner v. City of Lansing and Michigan. Petition for writ of certiorari to the Court of Appeals of Michigan denied. No. 981236. Compania Financiera Ecuatoriana De Desarolo, S.A., Petitioner v. Chase Manhattan Bank, Successor In Interest to Manufac- turers Hanover Trust Company. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 981246. Jill Gray, Petitioner v. Board of Regents of the Univer- sity System of Georgia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 981252. Olga Orisek, Petitioner v. American Institute of Aero- nautics and Astronautics. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

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MONDAY, APRIL 19, 1999 715 No. 981257. George Kirstein, et ux., Petitioners v. Parks Corpora- tion. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. No. 981258. Victor Hassine, Petitioner v. Charles Zimmerman, Superintendent, Pennsylvania State Correctional Institute, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 981260. Brian Keith Stuart, a Minor, By His Natural Guardian and Next Friend Pamela Jean Craven, et al., Petitioners v. American Cyanamid Company. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 981261. Charles W. Calhoun, et ux., Petitioners v. City of Du- rant, et al. Petition for writ of certiorari to the Court of Civil Appeals of Oklahoma, First Division, denied. No. 981264. Mark J. Fournier, Petitioner v. Charles Reardon, etc., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the First Circuit denied. No. 981266. Debbie L. Benningfield, Peggy Frankhouser, and Pam- ela M. Grant, Petitioners v. Sam Nuchia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 981267. Mary G. Kerger, Petitioner v. Board of Trustees of Community College District No. 502, County of DuPage and State of Illinois, aka College of DuPage. Petition for writ of certiorari to the Appellate Court of Illinois, Second District, denied. No. 981268. United States, ex rel. Paul Biddle, Petitioner v. Board of Trustees, Leland Stanford, Jr. University. Petition for writ of certio- rari to the United States Court of Appeals for the Ninth Circuit denied. No. 981269. Quick Point, Inc., Petitioner v. Pacific Handy Cutter, Inc. Petition for writ of certiorari to the United States Court of Ap- peals for the Federal Circuit denied. No. 981272. Matthew Alan Dalhauser, Petitioner v. Texas; and Larry Wayne Mahan, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Eleventh District, denied. No. 981277. Dennis Lee Kucera, Petitioner v. United Nebraska Bank. Petition for writ of certiorari to the Court of Appeals of Ne- braska denied. No. 981278. Seko Investments, Inc., Petitioner v. Chicago Title In- surance Company. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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716 MONDAY, APRIL 19, 1999 No. 981282. Franks & Son, Inc., etc., Petitioner v. Washington, et al. Petition for writ of certiorari to the Supreme Court of Washington denied. No. 981289. Historic Green Springs, Inc., Petitioner v. Virginia Ver- miculite, Ltd., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 981291. Connecticut Valley Electric Company, et al., Petition- ers v. Douglas L. Patch, Chairman, New Hampshire Public Utilities Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 981301. Johanna F. McGahren, et al., Petitioners v. First Citi- zens Bank, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 981304. Edward M. Stephens, et al., Petitioners v. CMG Health, FHC Options, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 981306. Menominee Indian Tribe of Wisconsin, Petitioner v. Tommy G. Thompson, Governor of Wisconsin, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 981307. Illinois Council on Long Term Care, Inc., Petitioner v. Donna E. Shalala, Secretary of Health and Human Services, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 981308. Capital Currency Exchange, N.V., dba Chequepoint USA, et al., Petitioners v. National Westminster Bank PLC, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 981309. Kathleen G. Shazes, Petitioner v. Michael J. Shazes. Petition for writ of certiorari to the Superior Court of Pennsylvania, Harrisburg Office, denied. No. 981310. William J. Zisk, et ux., Petitioners v. City of Roseville, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 981312. Timothy Joseph Donovan, Petitioner v. California. Peti- tion for writ of certiorari to the Appellate Department, Superior Court, Santa Clara County, denied. No. 981313. Veronica L. Davis, Petitioner v. Syntex Laboratories, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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MONDAY, APRIL 19, 1999 717 No. 981314. Nannette Denouden, Petitioner v. University of Wash- ington, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981315. Howard P. Johnson, et ux., Trustees, Petitioners v. D. H. Blair & Co., Inc., and Naftali Feigenbaum. Petition for writ of cer- tiorari to the District Court of Appeal of Florida, Fourth District, denied. No. 981319. Kidder, Peabody & Co., Inc., et al., Petitioners v. John W. Mathews, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 981320. BSW Development Group, Petitioner v. City of Dayton. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 981321. Salek E. Beim, et al., Petitioners v. Jay Alix, Trustee. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 981322. Cecil Bowman, Petitioner v. Robert Anderson, Chair- man, Oklahoma Tax Commission. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 981327. Susan Oygard, et vir, Petitioners v. Town of Coventry, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied. No. 981328. Randell L. D. Smith, Petitioner v. Sandra Scott, et al. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied. No. 981336. Branson School District RE-82, et al., Petitioners v. Bill Owens, Governor of Colorado, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 981341. Richard H. Blum, et ux., Petitioners v. State Farm Fire and Casualty Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981343. Dorothy M. Mantle, Petitioner v. John R. Mantle. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981345. Mark B. Rasmusson, et al., Petitioners v. Lawrence E. Frost, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 981350. Laura Davis, Petitioner v. Wachovia Mortgage Com- pany, fka First Wachovia Mortgage Company. Petition for writ of cer-

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718 MONDAY, APRIL 19, 1999 tiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied. No. 981351. Jennifer Marie Conrad, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Fourteenth District, denied. No. 981353. Paul Max Quandt, Jr., Petitioner v. Tennessee. Petition for writ of certiorari to the Court of Criminal Appeals of Tennessee, Middle Division, denied. No. 981357. Jack Wayne Reeves, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Tenth District, denied. No. 981358. Eric Davenport, Petitioner v. Community Corrections of the Pikes Peak Region, Inc. Petition for writ of certiorari to the Supreme Court of Colorado denied. No. 981387. Gregory James Caton, Petitioner v. Kevin Trudeau. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 981388. Frank Fratello, Jr., Petitioner v. New York. Petition for writ of certiorari to the Court of Appeals of New York denied. No. 981399. Combined Insurance Company of America, Petitioner v. Elizabeth Aldridge and Doris Williams; and Combined Insurance Company of America, Petitioner J. Gary Blackwell, et ux. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 981410. Rina Moscariello, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 981411. In Re David L. Smith, Petitioner. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 981415. William Stephen Hall, Petitioner v. L. W. Owen, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 981421. Harvey Robbins, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 981422. Joseph Nowak, Petitioner v. School Board of Palm Beach County. Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth District, denied.

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MONDAY, APRIL 19, 1999 719 No. 981436. Somateria Foundation, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 981445. Gerald J. Stoiber, Petitioner v. Securities and Exchange Commission. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 981451. George E. Kersey, Petitioner v. United States Air Force, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 981454. Melinda Seely, Petitioner v. William J. Henderson, Postmaster General. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 981457. Michael C. Renner, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 981463. David Thomas Rhodes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 981479. Jerome B. Rosenthal, Petitioner v. Robert Nolan Con- rad. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 981484. Jim M. McCollum, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 981502. Douglas Alan Jarvis, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 981508. Thomas Harold Lake, et ux., Petitioners 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. 986134. Jose Uderra, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern Dis- trict, denied. No. 986412. Ronald Clark, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern Dis- trict, denied. No. 986934. Apolinar Arizmende-Matias, Petitioner v. United States; and Octavio Morales-Ortiz, Petitioner v. United States. Petition

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720 MONDAY, APRIL 19, 1999 for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987238. Gordon O. Hoff, Sr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 987259. Taurus Kartik, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987262. DaRoyce Lamont Mosley, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 987307. Dennis Thurl Dowthitt, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 987350. Mark Newton Spotz, Petitioner v. Pennsylvania. Peti- tion for writ of certiorari to the Supreme Court of Pennsylvania, East- ern District, denied. No. 987354. Jesus Santos-Romero, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987384. Juan Arevalo-Sanchez, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987399. Frank Eldred, Petitioner v. Kentucky. Petition for writ of certiorari to the Supreme Court of Kentucky denied. No. 987533. Kenneth E. Murray, Petitioner v. Francis E. Dosal, Clerk, United States District Court for the District of Minnesota. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 987571. Alfred L. Cross, Jr., Petitioner v. United States Parole Commission. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 987661. Gussie Willis Vann, Petitioner v. Tennessee. Petition for writ of certiorari to the Supreme Court of Tennessee, Eastern Divi- sion, denied. No. 987723. Juan Venegas-Ortega, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987861. Carlos De Leon-Castaneda, 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 19, 1999 721 No. 987982. Harold L. Owens, Sr., Petitioner v. Helen A. Livergood, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied. No. 988000. Raymond Rochon, Petitioner v. City of Angola, Louisi- ana, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988015. Robert A. Walls, 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. 988030. Joel Brown, Petitioner v. Suzan Hubbard, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988039. Rey David Vargas, Petitioner v. David Thompson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 988041. Michael Tracy Watkins, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 988045. Mark Simon, Petitioner v. Chris Artuz, Superintend- ent, Green Haven Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 988057. Michael Anthony Hunter, 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. 988058. Pablo San Martin, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 988063. Ronald Sneed, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. No. 988069. Raymond Lambirth, Petitioner v. S. E. Yearwood, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 988070. Murtaja Khalaf, 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. 988071. Charles Newman, Petitioner v. M. C. Kramer, 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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722 MONDAY, APRIL 19, 1999 No. 988072. Robert Nauss, Petitioner v. Edward Brennan, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied. No. 988075. Isiah James, Petitioner v. United States Court of Ap- peals for the Fourth Circuit. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988077. Keljer King, Petitioner v. Michael A. Upshaw, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. No. 988078. Edward Mayne, Petitioner v. Bryan Mayne, et ux. Peti- tion for writ of certiorari to the Court of Special Appeals of Mary- land denied. No. 988079. Ann L. Layton, Petitioner v. General Motors Corpora- tion, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988080. Ronald Larkins, Petitioner v. William E. Aurelius, Judge, Court of Common Pleas of Ohio, Cuyahoga County. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 988084. Curtis Lamar McQueen, Petitioner v. Gary Starke, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 988086. Arthur Jackson, Petitioner v. Bobby L. Harps, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 988091. Jeannie Wrightson and Laura J. Burton, Petitioners v. Lois Shingler, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 988099. John P. Stahlman, Petitioner v. West Virginia. Petition for writ of certiorari to the Circuit Court of West Virginia, Kanawha County, denied. No. 988100. Gerald Willis Riley, Petitioner v. Ernest C. Roe, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988102. Monty P. Sena, Petitioner v. New Mexico, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 988103. Willie H. Dunlap, Petitioner v. PECO Energy Com- pany, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

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MONDAY, APRIL 19, 1999 723 No. 988105. Eugene Allen Doerr, Petitioner v. Arizona. Petition for writ of certiorari to the Supreme Court of Arizona denied. No. 988109. Byron Lowery, Petitioner v. Florida. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 988113. Heath William Burch, Petitioner v. Maryland. Petition for writ of certiorari to the Circuit Court of Maryland, Prince George's County, denied. No. 988124. Gregory Lewis Jones, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. No. 988128. Timothy Wayne Kemp, Petitioner v. Arkansas. Petition for writ of certiorari to the Supreme Court of Arkansas denied. No. 988129. James McConico, Jr., Petitioner v. Roy Hightower, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 988130. Nicholas P. Muscio, Petitioner v. New Jersey. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. No. 988131. Gary Lewis Miller, Petitioner v. Officer Richardson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988134. Allen Lamar Reeves, Petitioner v. Billy Mitchem, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 988138. Louise Brumbaugh-Chanley, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. No. 988141. Marvin Binstock, Petitioner v. New Jersey Division of Motor Vehicles. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. No. 988142. Jeffrey James Worden, Petitioner v. Michigan. Petition for writ of certiorari to the Court of Appeals of Michigan denied. No. 988143. James Tyler, III, Petitioner v. Louisiana. Petition for writ of certiorari to the Supreme Court of Louisiana denied. No. 988146. Howard Browning, Petitioner v. Jean E. Matusinka, Judge, Superior Court of California, Los Angeles County-Southwest District. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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724 MONDAY, APRIL 19, 1999 No. 988147. Lance Edward Speed, Petitioner v. Washington. Peti- tion for writ of certiorari to the Court of Appeals of Washington, Divi- sion 1, denied. No. 988153. William Dean Crutcher, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Sixth District, denied. No. 988154. Donald Ray Violett, Petitioner v. Michael Pearson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988157. Richard C. Taylor, Petitioner v. Tennessee. Petition for writ of certiorari to the Supreme Court of Tennessee, Middle Divi- sion, denied. No. 988158. Nelson Velasquez, Petitioner v. John Keane, Superin- tendent, Woodbourne Correctional Facility. Petition for writ of certio- rari to the United States Court of Appeals for the Second Circuit denied. No. 988165. John L. Thorn, 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. 988166. James E. Cliff, Petitioner v. Martin H. Brownstein, Clerk, Appellate Division, Supreme Court of New York, Second Judi- cial Department. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 988168. Robert Allen Hoke, Petitioner v. Terry L. Stewart, Director, Arizona Department of Corrections. Petition for writ of cer- tiorari to the Court of Appeals of Arizona, Division One, denied. No. 988209. William Prince 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. 988210. Fred Franklin, Petitioner v. James Schotten, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988267. Marion J. Russell, 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. 988279. Alaba O. Awofolu, Petitioner v. Los Angeles County Metropolitan Transportation Authority, et al. Petition for writ of cer-

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MONDAY, APRIL 19, 1999 725 tiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988282. Clarence L. Anderson, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 988285. Robin Tony Angelini, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied. No. 988293. Jim Owens, Petitioner v. Sergio Molina, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 988298. Ricky Stallings, Petitioner v. New Mexico. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 988310. Robbie Dexter Locklear, Petitioner v. North Carolina. Petition for writ of certiorari to the Supreme Court of North Caro- lina denied. No. 988311. Victor Kennedy, Petitioner v. Michael Haley, Commis- sioner, Alabama Department of Corrections. Petition for writ of certio- rari to the United States Court of Appeals for the Eleventh Circuit denied. No. 988324. Jose J. Garcia, Petitioner v. Hugh G. Harris, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 988330. Jimmy L. Hobbs, Petitioner v. Ann Marie Hobbs. Peti- tion for writ of certiorari to the Court of Appeals of Tennessee, Middle Division, denied. No. 988357. Peter Burton, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 988362. Lawrence DeLisle, Petitioner v. Jessie Rivers, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988372. John Joseph Lucas, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 988382. Antuan Williams, Petitioner v. Steven Cambra, 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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726 MONDAY, APRIL 19, 1999 No. 988400. Vincent James Zurla, Petitioner v. Tim LeMaster, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 988403. Vernon Tatum, Petitioner v. Missouri Board of Proba- tion and Parole, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 988420. Rosetta Sumter, Petitioner v. Bruce Babbitt, Secretary of the Interior, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 988424. Eric Lowery, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 988436. Randy George Workman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988439. Fernando Tejada, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988441. Diane Patricia Carlson, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Second Dis- trict, denied. No. 988442. Gregory Eugene August, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988447. Charles Schramm, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 988455. Fernando Garcia, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988459. Badrieh Ali, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 988460. Robert O'Neal, Petitioner v. Fred McAninch, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988467. Wilfredo Hernandez, 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, APRIL 19, 1999 727 No. 988470. Roman Del Angel Posadas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988471. Jose Pierre, Petitioner, v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 988472. William G. Parker, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 988473. Godwin Nonyelum Chinagorom, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 988478. Garnie Neace, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988480. Philip Murph, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988482. Hitham Abuhouran, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 988489. Edward Dean Cook, Petitioner v. Donald Romine, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 988493. Benjamin L. Giles, Jr., Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988497. Raymond Ludwig Frost, Petitioner v. James Thomas, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 988504. Sean Goins, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 988505. Ewin Henriques, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988508. Anthony M. Shea, 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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728 MONDAY, APRIL 19, 1999 No. 988509. Manuel DeJesus Sanchez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 988511. David E. Page, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 988513. Jeffrey D. Randall, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988514. Luke Christopher Yanez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988515. John Van Shutters, II, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988516. Willie Lee Tyler, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 988526. Ronald L'Heureux, Petitioner v. Sheldon Whitehouse, Attorney General of Rhode Island. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 988528. Curt McMennamy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 988529. Leon Daniel Morton, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 988531. Michael Ray Miotke, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988533. Jerry Jeffrey Lynch, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 988537. John Gole, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 988540. Andre Terry Hall, 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, APRIL 19, 1999 729 No. 988541. Mervel L. Eagans, Jr., Petitioner v. Wisconsin. Petition for writ of certiorari to the Court of Appeals of Wisconsin, District III, denied. No. 988543. 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. 988545. Marvin Spencer, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 988546. Richard D. Robinson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 988550. Damien Higgerson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 988552. Lauren Eric Wilhelm, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988553. Yancey L. White, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 988555. Howard M. Addis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 988558. Clinton C. Howard, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988562. Robert Lee Downs, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 988565. Herbert Graham, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988568. Anthony Pungitore, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 988569. Jerome Ray, 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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730 MONDAY, APRIL 19, 1999 No. 988573. Johnny Ray Montoya, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 988574. Mike Morris, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988575. Agnes Kole, aka Joy, aka Zaima Soto Muwanga, Peti- tioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 988582. Russell Kenton Coleman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988585. Jory Dwan Griffin, aka Jory Griffin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988586. William Alfred Hitt, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 988587. Zelner Hamilton, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988593. Jimmie Lee Clemis, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988596. James Bargmon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 988598. Rico McLaughlin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 988600. Joseph Perry Soares, III, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988601. Danielito Radames-Fernandez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 988603. Walter G. Strickland, 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, APRIL 19, 1999 731 No. 988611. Jorge Pineda-Garcia, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988613. Ricky Banks, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988615. Loreta De-Ann Coffman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988616. Kenneth Jackson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988619. Rina Rosibel Moran, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 988621. Anthony Byrd, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 988624. Herbert Council, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988626. Robert Thomas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 988630. Aaron Darryl Thomas, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988633. Lorenzo P. Prailow, 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. 988634. Isaac Leroy Strope, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 988636. Marvin L. Stewart, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 988637. Manuel de Jesus Parada, 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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732 MONDAY, APRIL 19, 1999 No. 988644. Jorge Del Val Soto, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 988652. Candelario Chavarria-Marquez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 988656. Cyriacus Akas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988660. David Sepulveda, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 988662. Osmide Reve, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988664. Carolyn Marie Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988669. Ronald Lee Barlow, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 981137. County Council of Volusia County, Petitioner v. Log- gerhead Turtle (Caretta caretta), et al. Motion of Pacific Legal Founda- tion for leave to file a brief as amicus curiae granted. Motion of Wash- ington Legal Foundation and Allied Educational Foundation 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. No. 981242. Mull & Mull, PLC, Petitioner v. Rhone-Poulenc Rorer, Inc., et al.; and No. 981243. Roy G. Spece, Jr., and Rose Marie Ibanez, Petitioners v. Rhone-Poulenc Rorer, Inc., et al. Motion of respondent Baxter Heal- thcare Corporation for leave to file Rule 29.6 Corporate Disclosure Statement under seal granted. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

Habeas Corpus Denied

No. 988527. In Re Ronald L'Heureux, Petitioner; and No. 988675. In Re Steven Erick Riley, Petitioner. Petitions for writs of habeas corpus denied.

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MONDAY, APRIL 19, 1999 733 Mandamus Denied No. 981442. In Re Clarence Murphy, Petitioner. Petition for writ of mandamus denied.

Rehearings Denied No. 971252. Janet Reno, Attorney General, et al., Petitioners v. American-Arab Anti-Discrimination Committee, et al.; No. 98921. Cynthia F. Nordstrom, Petitioner v. Peter J. Nordstrom; No. 98982. Gloria J. Thompkins, Petitioner v. Quincy's Restaurant, Inc.; No. 981032. Chi-Ming Chow, Petitioner v. Michigan, et al.; No. 981104. Phillip A. Davidson, Petitioner v. Susan Hubbard, et al.;No. 981105. Thomas Giesberg, Petitioner v. Texas; No. 986314. Michael Stephens, Petitioner v. United States; No. 986326. James Michael Murphy, Petitioner v. United States; No. 986794. Robert David Biles, Petitioner v. Thomas Corcoran, Warden, et al.; No. 986886. Tamara Pal, Petitioner v. Shaari Pal; No. 986979. Ronal Kiskila, et ux., Petitioners v. Business Ex- change, Inc.; No. 986988. Donald J. Strable, Petitioner v. United States; No. 987086. Charles R. Eickleberry, Petitioner v. United States; No. 987108. Robert A. Bookless, Petitioner v. David R. McKune, Warden, et al.; No. 987119. Felton B. Green, Petitioner v. Florida Parole and Par- don Commission, et al.; No. 987143. In Re David L. Carter, Petitioner; No. 987146. Ezree Crowley, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division; No. 987161. In Re David K. Lewis, Petitioner; No. 987199. Jesse Lee Coddington, Petitioner v. Martin Makel, Warden; No. 987200. Dwayne Anderson, Petitioner v. Regional Medical Cen- ter at Memphis, et al.; No. 987228. Anthony M. Esparza, Petitioner v. Benny Rollins, War- den, et al.; No. 987230. Corwin Anthony Contursi, Petitioner v. Civil Service Commission, et al.; No. 987288. John Douglas Alexander, Petitioner v. South Carolina, et al.;

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734 MONDAY, APRIL 19, 1999 No. 987308. Frank Williams, Petitioner v. USX Corporation; No. 987313. William Andrew Clark, Petitioner v. United States; No. 987422. Barrington F. Watkis, Petitioner v. American National Insurance Company; No. 987465. Stephan A. Bitterman, Petitioner v. Annette Bitterman; No. 987608. Victor J. Bravo, Petitioner v. Department of Veterans Affairs, et al.; No. 987711. James C. Linsmeier, Petitioner v. Togo D. West, Jr., Secretary of Veterans Affairs; and No. 987849. Anthony Jerome Wilson, Petitioner v. Thomas Corco- ran, Warden, et al. Petitions for rehearing denied. No. 986571. Lorraine D. Henry, aka Lorraine Davis Henry, Peti- tioner v. John K. Williamson, et al. Petition for rehearing denied. Jus- tice Breyer took no part in the consideration or decision of this petition.

Attorney Discipline No. D2024. In the Matter of Disbarment of Neal Forman. Disbar- ment order entered.

Admissions to the Bar on Written Motions Applicant City and State Movant Stephen B. Bedrick Oakland, CA J. Bradley O'Connell Robert J. Berlin Warren, MI Carl J. Marlinga Jimmy W. Bilbo Cleveland, TN James Sidney Bramell Teresa T. Bonder Atlanta, GA John K. Train, III Patricia Madi Brown Portland, OR Albert Joseph Bannon Patrick N. Brown West Palm Beach, Mayra Isabel FL Rivera-Delgado Elaine Victoria Brzezinski Dallas, TX Edwin Bronislaw Brzezinski Donald R. Burns, Jr. Carrollton, OH Judge William J. Martin Nicholas T. Calderon San Diego, CA Gerald Arthur Conradi Scott A. Carlson Chicago, IL James Lawrence Curtis

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MONDAY, APRIL 19, 1999 735

Applicant City and State Movant Don T. Carmody New York, NY William S. Friedlander G. Edward Coey Hanceville, AL Thomas E. Drake, II Joseph Colavecchi Clearfield, PA F. Cortez Bell, III Matthew James Comisky Philadelphia, PA Marvin Comisky Peter Martin Coughlan Nashville, TN Glenn Richard Pruden Geoffrey M. Craig Durango, CO Frank E. Maynes Thomas G. Crowell Seattle, WA Robie George Russell Louis J. DeVoto Cherry Hill, NJ Michael A. Ferrara, Jr. Patricia Ann Dean Washington, DC Andrew Tanner Karron Jennifer A. Deiter Cherry Hill, NJ Michael A. Ferrara, Jr. Wade Dorann DiCosmo Clark, NJ David A. Weglin Thomas Patrick Dugan Durango, CO David Eliot Brody Thelia Jean Eaby Lancaster, PA Robert David Beyer Randall Arthur Eads Abingdon, VA Emmitt Franklin Yeary John Evan Eickmeyer Sacramento, CA Samuel Brown Casey Michael Joseph Fahey, II Franklin, TN Ellen Herwitz Pollack Thomas R. Freeman Los Angeles, CA Vincent John Marella Edmund Louis Gaines Statesville, NC Harold Johnson Bender Marcia L. Garst Dallas, TX Richard Harvey Mansfield, III Gilio Gherardini St. Louis, MO John B. Gunn Stephen Dennis Gill Boston, MA Rymn James Parsons Craig Goldblatt Washington, DC Alisa B. Klein Arturo J. Gonzalez Houston, TX Benjamin Lewis Hall, III Steven Gottlieb Atlanta, GA David A. Webster

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736 MONDAY, APRIL 19, 1999

Applicant City and State Movant Robert L. Greer Clarksburg, WV Thomas Vincent Flaherty Robert L. Hammonds Baton Rouge, LA Harold James Adkins Michael J. Hansen Lincoln, NE John Stevens Berry David S. Harvey, Jr. Tampa, FL Edmund J. McKenna A. Scott Hayward Los Angeles, CA Donald Eugene de Nicola Robert Hazlehurst, Jr. Houston, TX Clifton Trigg Hutchinson Gregory David Henry Reading, PA Emmanuel H. Dimitriou Sahera G. Housey Southfield, MI Robert J. Essick Samuel Vincent Jones Philadelphia, PA Darrell E. Jordan Laura Eileen Kane Rockville, MD Hyman Louis Rosenberg Kirk Theodore Philadelphia, PA Gilbert J. Scutti Karaszkiewicz Conrad O. Kattner Philadelphia, PA James W. Durham William J. Kelly, III New Orleans, LA Thomas J. Wyllie Michael P. Kenny Atlanta, GA John K. Train, III Sabrina Yasmin Lane San Diego, CA Brian Patrick Lane Brian J. Leske Washington, DC Richard Kennon Willard Craig Randall Levine Glen Cove, NY Randy Hertz Susan Burnett Luten Berkeley, CA Thomas A. Seaton Amy E. Margolin San Francisco, CA Jerome B. Falk, Jr. Raymond W. Martin Denver, CO Michael D. Freeborn John C. Massaro Washington, DC Andrew Tanner Karron Charles R. McElwee Charleston, WV William Charles Porth, Jr. Claudia Modder McKenna West Palm Beach, Mayra Isabel FL Rivera-Delgado Katherine E. McMahon Worcester, MA John P. Zanini Robert John McNair Orinda, CA Edgar J. Lana

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MONDAY, APRIL 19, 1999 737

Applicant City and State Movant Linda Moreno Tampa, FL DeeAnn Delgado Athan Bryan F. Murphy Hartford, CT Jeffrey L. Morris Ronald J. Nessim Los Angeles, CA Vincent John Marella Elizabeth A. Newman Los Angeles, CA Vincent John Marella Brynn Gail Newton Daytona Beach, Christopher FL Sinclair Quarles Robert F. Noe Seattle, WA Peter J. Eglick Judith A. O'Brien Atlanta, GA Teresa Wynn Roseborough James Gregory Pachulski Washington, DC Joseph C. Fenech Kathleen Mary Pacious Atlanta, GA Thurbert E. Baker Gregory Steven Page Dayton, OH Loren Michael Bly Francis C. J. Pizzulli Santa Monica, CA Richard L. Knickerbocker Burton L. Raimi Sarasota, FL Bettina M. Lawton J. Michael Ranson Charleston, WV John Baker Carrico Bet J. Rejcek Irving, TX Richard Harvey Mansfield, III Ronald Arthur Rodgers St. Augustine, FL Tony Ray Roberts Charles Richard Ropka Mount Laurel, NJ Robert J. Incollingo Laura L. Rovner Syracuse, NY Arlene S. Kanter Alan Meredith Ruley Winston-Salem, James R. Fox NC Elizabeth Turney Ryan Nashville, TN Paul Garvan Summers Monica Michelle Saba Cincinnati, OH Carl Joseph Stich Charles Rockwell Saxbe Columbus, OH John Jonas Chester, III Neal Lawrence Schonhaut Titusville, NJ Joel Schneider Kathleen Susan Skullney Granite, MD Howard J. Needle John Timothy Smiley Carrollton, OH Judge William J. Martin Robert Thomas Stephenson New York, NY Kent T. Stauffer Gordon McGregor Strauss Cincinnati, OH Carl Joseph Stich

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738 MONDAY, APRIL 19, 1999

Applicant City and State Movant C. Thomas Valentine Houston, TX Keith Edward Coulter Loren J. Veldhuizen Alton, IA John G. De Koster Darin Lee Wessel San Diego, CA Mary Alice Lehman John M. Whealan Silver Spring, MD Albin F. Drost Jack D. Wuerstle Perkasie, PA Lawrence M. Cherba

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

Cherie Wilson Blackburn Charleston, SC Honorable Jean Hoefer Toal Julianna Michelle Childs Columbia, SC Honorable Jean Hoefer Toal Gale Richardson DuBose Columbia, SC Honorable Jean Hoefer Toal Frances E. Duarte Greenville, SC Honorable Jean Hoefer Toal Lillia Ann Gray Columbia, SC Honorable Jean Hoefer Toal Cynthia Graham Howe Myrtle Beach, FL Honorable Jean Hoefer Toal Debra O. Jackson Florence, SC Honorable Jean Hoefer Toal Jeanette McFee Kellerman Greenville, SC Honorable Jean Hoefer Toal Adelaide Dennis Kline Columbia, SC Honorable Jean Hoefer Toal Helen Tyler McFadden Kingstree, SC Honorable Jean Hoefer Toal Tracy Elizabeth Askew Columbia, SC Honorable Jean Meyers Hoefer Toal Susan Olson McNamee Columbia, SC Honorable Jean Hoefer Toal Janet Labowsky Columbia, SC Honorable Jean Paduhovich Hoefer Toal Angela Henry Robinson Fort Worth, TX Honorable Jean Hoefer Toal

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MONDAY, APRIL 19, 1999 739

Applicant City and State Movant Nina Nelson Smith Columbia, SC Honorable Jean Hoefer Toal David Michael Rappaport Weston, FL Cynthia June Rapp Frances Train Grunder San Francisco, CA James M. Humes Jeremiah Joseph Sullivan, Boston, MA Christopher N. Jr. Morin Thomas Joseph Welsh Glen Dale, WV Christopher N. Morin

Oral Arguments No. 98727. Teresa L. Cunningham, Petitioner v. Hamilton County, Ohio. Argued by Mr. Thomas C. Goldstein for the petitioner and by Mr. John J. Arnold for the respondent. No. 98830. Amoco Production Company, etc., Petitioner v. Southern Ute Indian Tribe, et al. Argued by Mr. Carter G. Phillips for the peti- tioner, by Mr. Thomas J. Davidson for Wyoming as amicus curiae, by special leave of the Court, by Mr. Thomas H. Shipps for the respondent Southern Ute Indian Tribe, and by Mr. Jeffrey P. Minear for the re- spondent United States.

Adjourned until Tuesday, April 20, 1999, at 10 o'clock.

Certiorari Denied No. 988731. Arthur Ray Jenkins, III, Petitioner v. Ronald J. Ange- lone, 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.

Certiorari Denied No. 988856. David J. Lawrie, Petitioner v. Robert Snyder, Warden. Application for stay of execution of sentence of death presented to

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740 MONDAY, APRIL 19, 1999 Justice Souter and by him referred to the Court denied. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Stevens and Justice Ginsburg would grant the application for stay of execution.

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(JOURNAL) TUESDAY, APRIL 20, 1999 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.

Opinion

No. 971868. UNUM Life Insurance Company of America, Peti- tioner v. John R. Ward. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment affirmed in part, reversed in part, and case remanded to the United States Court of Appeals for the Ninth Circuit for further proceedings in conformity with the opin- ion of this Court. Opinion by Justice Ginsburg.

Admissions to the Bar on Oral Motions Applicant City and State Movant Wendell Forrest Cowan, Jr. Overland Park, Judge Michael A. KS Barbara William Bryan Elliott Hill City, KS Judge Michael A. Barbara James R. Jarrow Lawrence, KS Judge Michael A. Barbara Lisa Charlene Kelly Topeka, KS Judge Michael A. Barbara Frank C. Norton Salina, KS Judge Michael A. Barbara John Somers Robb Newton, KS Judge Michael A. Barbara Joseph Nelson Robb Newton, KS Judge Michael A. Barbara Thomas Lyle Toepfer Hays, KS Judge Michael A. Barbara Wellington E. Winbigler Olathe, KS Judge Michael A. Barbara Alan Scott Frumin Bethesda, MD James C. Duff Alison Joy Arnold New York, NY Steven Carl Cherny W. Edward Bailey New York, NY Kevin James Culligan

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742 TUESDAY, APRIL 20, 1999

Applicant City and State Movant John Isaac Blanck, Jr. Washington, DC Nancy Southard Bryson Johnny William Mason, Jr. Atlanta, GA Susan C. Jamieson Michael Jay Robinson Arlington, VA William M. Cohen Kevin Scott Rosenberg Washington, DC John Anthony Maksym Eric J. Stein Northfield, IL Melvyn E. Stein

Oral Arguments No. 98149. College Savings Bank, Petitioner v. Florida Prepaid Postsecondary Education Expense Board, et al. Argued by Mr. David C. Todd for the petitioner, by Mr. Seth P. Waxman for the respondent United States, and by Mr. William B. Mallin for the respondents Flor- ida Prepaid Postsecondary Education Expense Board, et al. No. 98531. Florida Prepaid Postsecondary Education Expense Board, Petitioner v. College Savings Bank and United States. Argued by Mr. Jonathan A. Glogau for the petitioner, by Mr. Kevin J. Culligan, for the respondent College Savings Bank, and by Mr. Seth P. Waxman for the respondent United States.

Adjourned until Wednesday, April 21, 1999, at 10 o'clock.

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(JOURNAL) WEDNESDAY, APRIL 21, 1999 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.

Opinion

No. 972044. United States, Petitioner v. Haggar Apparel Company. On writ of certiorari to the United States Court of Appeals for the Federal Circuit. Judgment vacated, and case remanded to the United States Court of Appeals for the Federal Circuit for further proceedings in conformity with the opinion of this Court. Opinion by Justice Ken- nedy. Opinion by Justice Stevens, with whom Justice Ginsburg joins, concurring in part and dissenting in part.

Admissions to the Bar on Oral Motions Applicant City and State Movant Rebecca Lynn Burtner Sherman, TX Janet Louise Pelzel Marc Friedrich Guy New York, NY Lester Samuel Holzapfel Hyman Brent Scott Lipschultz Washington, DC Peter I. Elinsky Michael Jay Willson San Antonio, TX Thomas H. Odom Wendy Beth Harris Fredericksburg, Martin Wayne VA Lester Allen F. Bareford Spotsylvania, VA Martin Wayne Lester Maria Spina Altobelli Greensburg, PA Richard H. Galloway Linda Broker Greensburg, PA Richard H. Galloway Jennie K. Bullard Greensburg, PA Richard H. Galloway Barbara J. Christner Greensburg, PA Richard H. Galloway David Albert Colecchia Greensburg, PA Richard H. Galloway Kathleen Ames Helling Latrobe, PA Richard H. Galloway

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744 WEDNESDAY, APRIL 21, 1999

Applicant City and State Movant Peggy Hooker Pittsburgh, PA Richard H. Galloway Christopher William Greensburg, PA Richard H. Huffman Galloway Timothy J. McCormick Greensburg, PA Richard H. Galloway Jeffrey David Monzo Greensburg, PA Ricahrd H. Galloway Lisa Galloway Monzo Greensburg, PA Richard H. Galloway Henry Lee Moore Greensburg, PA Richard H. Galloway Donald B. Moreman Greensburg, PA Richard H. Galloway John Michael Ranker Greensburg, PA Richard H. Galloway Oral Arguments No. 98536. Tommy Olmstead, Commissioner, Georgia Department of Human Resources, et al., Petitioners v. L. C., By Jonathan Zimring, Guardian Ad Litem and Next Friend, et al. Argued by Ms. Beverly P. Downing for the petitioners, by Mr. Michael Gottesman for the re- spondent, and by Mr. Irving L. Gornstein for the United States as amicus curiae, by special leave of the Court.

Adjourned until Monday, April 26, 1999, at 10 o'clock.

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(JOURNAL) MONDAY, APRIL 26, 1999 745 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. A819. David Leisure, Applicant v. Michael Bowersox, Superin- tendent, Potosi Correctional Center, et al. Application for a certificate of appealability addressed to Justice Stevens and referred to the Court denied. No. 65, Original. State of Texas, Plaintiff v. State of New Mexico. Motion of the River Master for fees and expenses granted, and it is ordered that the River Master is awarded a total of $2,505.00 for the period January 1-March 31, 1999, to be paid equally by the parties. No. 987771. Barbara Schwarz, Petitioner v. National Security Agency, et al.; and No. 987782. Barbara Schwarz, Petitioner v. Executive Office of the President, et al. Motion of petitioner for reconsideration of orders de- nying leave to proceed in forma pauperis denied. No. 987904. In Re Delbert H. Reidt, Petitioner. Motion of petitioner for reconsideration of order denying leave to proceed in forma pau- peris denied. No. 988208. In Re Wilmer B. Gay, Petitioner. Motion of petitioner for leave to proceed in forma pauperis denied. See Rule 39.8. Peti- tioner allowed until May 17, 1999, 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. 988238. Ronald Dean Lowe, Petitioner v. Ron Turner. Motion of petitioner for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner allowed until May 17, 1999, 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.

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746 MONDAY, APRIL 26, 1999 Certiorari Granted No. 981152. Food and Drug Administration, et al., Petitioners v. Brown & Williamson Tobacco Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Cir- cuit granted. No. 98958. United Brotherhood of Carpenters and Joiners of America, et al., Petitioners v. Linden D. Anderson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit granted limited to the following question: "Taking into account the constitutional powers pursuant to which it was enacted, does 42 U. S. C. Sec. 1981 prohibit discrimination against non-citizens on the basis of alienage in private contracts?" Certiorari Denied No. 971867. UNUM Life Insurance Company of America, Peti- tioner v. Michelle Cisneros. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981046. BellSouth Corporation, Petitioner v. Federal Communi- cations Commission, et al.; and No. 981153. U S West, Inc., Petitioner v. Federal Communications Commission, et al. Petitions for writs of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 981156. Connection Distributing Co., Petitioner v. Janet Reno, Attorney General. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 981163. Miron Florin Marcu, Petitioner v. Immigration and Naturalization Service. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981253. Ceramica Nuova D'Agostino, S.p.A., Petitioner v. MCC-Marble Ceramic Center, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 981323. Pneumo Abex Corporation, et al., Petitioners v. Wil- liam F. Grun. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 981325. Robert Falanga and Ronald F. Chalker, Petitioners v. Georgia State Bar. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 981333. Patrick L. Tessier, Petitioner v. Combustion, Inc., Plaintiffs' Steering Committee. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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MONDAY, APRIL 26, 1999 747 No. 981339. M. Joe Herwins, Petitioner v. City of Revere and James J. Marotta. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 981359. Lynden Air Freight, Inc., Petitioner v. Ray K. Kami- kawa, Hawaii Director of Taxation. Petition for writ of certiorari to the Supreme Court of Hawaii denied. No. 981366. Cecil M. Sullivan, et al., Petitioners v. Gena Marie De- tillier. Petition for writ of certiorari to the Court of Appeal of Louisi- ana, Fifth Circuit, denied. No. 981367. Ellen Audet, Natural Mother, Guardian and Next Best Friend of Ashley Audet, a Minor, Petitioner v. Prudential Health Care Plan, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 981379. Jorge A. Lentino and Eduardo P. Lentino, Petitioners v. Lowell T. Cage; and No. 981380. Marta A. Lentino, Petitioner v. Lowell T. Cage. Peti- tions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 981398. Michael Harris Weisser, Petitioner v. Florida Bar. Peti- tion for writ of certiorari to the Supreme Court of Florida denied. No. 981405. Gordon McCann, Petitioner v. Larson Foundation. Peti- tion for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied. No. 981474. John M. Stembridge, Petitioner v. Preferred Risk Mu- tual Insurance Company of Iowa, et al. Petition for writ of certiorari to the District Court of Appeal of Florida, Third District, denied. No. 981483. Patrick J. Mannix, Sr., Petitioner v. Virginia. Petition for writ of certiorari to the Court of Appeals of Virginia denied. No. 981488. Larry Ritchie Junior and Bryan Douglas Wallace, Peti- tioners v. West Virginia, et al. Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied. No. 981492. Publications International, Ltd., Petitioner v. Landoll, Inc. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. No. 981510. Jordan Brower, Petitioner v. Washington, et al. Peti- tion for writ of certiorari to the Supreme Court of Washington denied. No. 981520. Eddie Lee Bradford, et al., Petitioners v. David A. McClellan, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

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748 MONDAY, APRIL 26, 1999 No. 981525. Israel Weinstock, Petitioner v. Esther Weinstock. Peti- tion for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied. No. 981530. Freddie Falaster, Petitioner v. Thomas P. Roth, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. No. 981538. Theodore J. Dittrich, 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. 981540. Wilson M. Krueger, Jr., 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. 981544. David D. Bolton, 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. 981548. Advanced Materials, Inc., Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. No. 981555. David James Quigley, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 981558. Joseph Mohamed, Sr., et ux., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981559. Cordes Finance Corporation, Petitioner v. Commis- sioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 981567. 408 Peyton Road, S. W., Atlanta, Fulton County, Geor- gia, etc., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 987290. Donald Ray Sanford, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987395. Randy O'Neil Davis, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987740. Derrick D. Quintero, Petitioner v. Tennessee; and

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MONDAY, APRIL 26, 1999 749 No. 987846. William E. Hall, Petitioner v. Tennessee. Petitions for writs of certiorari to the Supreme Court of Tennessee, Middle Divi- sion, denied. No. 987970. David Earl Gibbs, 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. 988177. Richard V. Crispen, Petitioner v. Melinda L. Crispen. Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied. No. 988178. Geneve Baley, Petitioner v. Ford Motor Company. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 988180. Beautanous Coor, Petitioner v. Robert A. Stocks, Lieu- tenant, Goldsboro Police Department, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Fourth Circuit denied. No. 988181. Gerald L. Cooper, Petitioner v. Kenneth Klinger, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied. No. 988183. Charles Bennie Hunt, Petitioner v. Joe Freeman Britt, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. No. 988184. Charles J. Robusky, Petitioner v. Leoneal Davis, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 988185. Joseph Winded Price, Petitioner v. Ryer System, Inc., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. No. 988189. Tuan Nguyen, Petitioner v. Polaroid Corporation, et al. Petition for writ of certiorari to the Appeals Court of Massachu- setts denied. No. 988204. Morris Day, aka Rickey Louis Alford, 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. 988205. Geary Wayne Walton, Petitioner v. Terry L. Stewart, Director, Arizona Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Cir- cuit denied.

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750 MONDAY, APRIL 26, 1999 No. 988207. Thanh Kien Trinh, Petitioner v. Bill Lockyer, Attorney General of California, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988212. Cecilia Dizon, Petitioner v. Jennifer Ereno, et al. Peti- tion for writ of certiorari to the Court of Appeal of California, Sixth Appellate District, denied. No. 988224. William R. Goode, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 988228. Larry Neil Parks, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Third Appellate District, denied. No. 988231. Marion Wesley Carter, Jr., Petitioner v. D. T. Mahon, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988232. Antonneo R. Boyce, Petitioner v. Robert S. Segelbaum, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 988234. Richard Orville Burgess, Petitioner v. Montana, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988235. Dwight Theodore Beazley, Petitioner v. Superior Court of California, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988245. Daniel Martin Johnson, Petitioner v. Montana. Petition for writ of certiorari to the Supreme Court of Montana denied. No. 988246. Reginald Wayne Pope, Petitioner v. Steve Dees, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. No. 988249. Vanessa Woods, Petitioner v. N.M.C. Laboratories, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 988251. Jay F. Vermillion, Petitioner v. William R. Harris, Sheriff, Vigo County, Indiana. Petition for writ of certiorari to the Court of Appeals of Indiana, First District, denied. No. 988253. 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. 988255. Kevin Lacey, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied.

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MONDAY, APRIL 26, 1999 751 No. 988256. Larry Lewis, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 988258. Manuel Montano-Figueroa, Petitioner v. Joseph C. Crabtree, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988260. Donald Shane Clinger, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 988263. Daniel Joseph Condron, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 988270. Rolf Rosendahl, Petitioner v. Mel Carnahan, Governor of Missouri, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 988273. Stanley Wright, Petitioner v. K. W. Prunty, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988275. Charles Alonzo Tunstall, Petitioner v. Franklin Free- man, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988277. Juan Morales, Petitioner v. Larry E. DuBois, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 988284. Tony Wayne Covey, Petitioner v. Ronald J. Angelone, Director, Virginia Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988292. Warren Spivey, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 988306. Charles McLaurin, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 988319. Joan Cavalieri-Conway, Petitioner v. California Board of Equalization, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 988320. James Henry Berry, Petitioner v. Steve Berry, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988321. Mark Edward Gardner, 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.

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752 MONDAY, APRIL 26, 1999 No. 988361. Kenneth Dwayne Dunn, 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. 988364. Rudolfo Reyes, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. No. 988414. Walter E. Childress, Petitioner v. Appalachian Power Company. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988428. Jesus Mendez, 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. 988443. Nancy Lee Bogart, Petitioner v. Jacquelyn T. Hard- man, et al. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 988461. Willie Frank Nelson, Petitioner v. New York. Petition for writ of certiorari to the County Court of New York, Monroe County, denied. No. 988466. James Burke, Petitioner v. Michael T. Maloney, Com- missioner, Massachusetts Department of Correction, et al. Petition for writ of certiorari to the Appeals Court of Massachusetts denied. No. 988469. Donald E. Smith, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied. No. 988490. Jacob E. Christs, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Third District, denied. No. 988500. Darryl Wesley Funderburk, Petitioner v. Robert F. Mann, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988510. Matthew D. Peacock, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Ap- pellate District, denied. No. 988518. Troy Williams, Petitioner v. Frank C. Sizer, Jr., War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988521. Bobby Trujillo, Petitioner v. Ron Lytle, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

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MONDAY, APRIL 26, 1999 753 No. 988557. Aaron Holsey, Petitioner v. Paul Davis, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988564. Paul Debord, 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. 988591. Cotton Joe Jones, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appel- late District, denied. No. 988595. Antonio Javier Barta, 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. 988597. Norman Lee Newsted, Petitioner v. Gary E. Gibson, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 988617. Bruce Kilgore, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. No. 988622. Melvin James Bee, Jr., Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988643. Michael Angelo Flowal, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988658. Melford Lee Crumb, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988659. Latonia Edna Benson, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 988666. Alba Torres, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 988667. Pedro Zamarron-Cervantes, 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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754 MONDAY, APRIL 26, 1999 No. 988680. Juan Lopez-Mata, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988684. Peggyarnell McNeil, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 988685. Otis Puttman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988687. Julio Coneo-Guerrero, Juan Jose Arango-Herrera, and Jesus A. Villa-Contreras, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Cir- cuit denied. No. 988688. Andre Coardes, Petitioner v. Connecticut. Petition for writ of certiorari to the Appellate Court of Connecticut denied. No. 988692. Eural Wills, II, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988697. Nolan Nathaniel Edwards, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 988707. Curtis Junkman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 988709. Norma Marie Underwood, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988714. Kenneth E. Speight, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 988718. John D. Sargent, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 988721. Drucilla Jean Baker, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 988722. Marshall Arrington, Jr., 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, APRIL 26, 1999 755 No. 988723. Kim Long Ko, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 988725. Edward L. Trowell, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988729. Melvin Poindexter, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

Habeas Corpus Denied

No. 988733. In Re Jimmy Earl Wills, Petitioner; and No. 988773. In Re Ray A. Perry, Petitioner. Petitions for writs of habeas corpus denied.

Rehearings Denied

No. 968614. Juanita E. McNeil, Petitioner v. Marie Aguilos, et al.; No. 981007. Craig P. Wallin, Petitioner v. Minnesota Department of Corrections, et al.; No. 981221. In Re Clarence Murphy, Petitioner; No. 981222. Clarence Murphy, Petitioner v. Planned Parenthood of Greater Iowa, Inc.; No. 981249. Edward D. Cowhig, Petitioner v. United States; No. 981412. Terry L. Stewart, Director, Arizona Department of Corrections, et al., Petitioners v. Walter B. LaGrand; No. 986618. Carol A. Sansone, Petitioner v. MCI Telecom- munications; No. 987459. Susan Baba, Petitioner v. Marc L. Silverman, et al.; No. 987737. Kimmy Lee Woodard, Petitioner v. United States; and No. 987785. Edward Anthony Langford, Petitioner v. United States. Petitions for rehearing denied. No. 987246. Bryce W. Young, Petitioner v. Michigan. Motion for leave to file a petition for rehearing denied.

Attorney Discipline

No. D2018. In the Matter of Joseph C. Martucci. Joseph C. Martucci, 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 December 7, 1998, is discharged.

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756 MONDAY, APRIL 26, 1999 No. D2032. In the Matter of Disbarment of Charles V. Booream, III. Disbarment order entered. No. D2037. In the Matter of Disbarment of Robert D. Schulman. Disbarment order entered. No. D2038. In the Matter of Disbarment of Susan Goldsweig. Dis- barment order entered. No. D2039. In the Matter of Disbarment of Robert G. Levene. Dis- barment order entered. No. D2040. In the Matter of Disbarment of Gerald James Tiernan. Disbarment order entered. No. D2042. In the Matter of Disbarment of Philip Gale Butler, Jr. Disbarment order entered. No. D2043. In the Matter of Disbarment of Peter H. Rea. Disbar- ment order entered. No. D2055. In the Matter of William F. Spallina. William F. Spal- lina, of Newton Highlands, 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 be- fore this Court. The Rule to Show Cause, issued on March 22, 1999, is discharged. No. D2060. In the Matter of Disbarment of Robert B. Schambach. Robert B. Schambach, of Metairie, 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. D2061. In the Matter of Disbarment of Michael P. Maguire. Michael P. Maguire, of Alexandria, 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. D2062. In the Matter of Disbarment of Stanley Alan Langfus. Stanley Alan Langfus, of Hollywood, 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. D2063. In the Matter of Disbarment of Thomas Allen Massey. Thomas Allen Massey, of Oklahoma City, Oklahoma, 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, APRIL 26, 1999 757 No. D2064. In the Matter of Disbarment of Dean A. Olds. Dean A. Olds, of Laguna Beach, 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. D2065. In the Matter of Disbarment of Keith John Kulie. Keith John Kulie, of Addison, 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. D2066. In the Matter of Disbarment of James David Norvell. James David Norvell, of Abilene, 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. D2067. In the Matter of Disbarment of Bryant Ashley Webb. Bryant Ashley Webb, of Woodbridge, 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. D2068. In the Matter of Disbarment of Antonio Reyes-Vidal. Antonio Reyes-Vidal, of San Antonio, 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. Order It is ordered that the call of the calendar, except for special assign- ments, be suspended for the Term upon conclusion of the cases listed for hearing on Wednesday, April 28, 1999. Recess Order The Court will take a recess from Monday, May 3, 1999, until Mon- day, May 17, 1999. Admissions to the Bar on Written Motions Applicant City and State Movant Vance William Armor Oklahoma City, Rex K. Travis OK Joel David Bertocchi Chicago, IL Mark L. Rotert William Patrick Breen, Jr. Boston, MA Joseph T. Sweeney

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758 MONDAY, APRIL 26, 1999

Applicant City and State Movant Cory Jay Briggs Silver Spring, MD Laurent R. Hourcle Elliot Noah Brown Los Angeles, CA Morgan Chu David Bulbow Dallas, TX Ben Prater Monning, III Michael Peter Butler Dallas, TX Frank Charles Morris, Jr. Valerie A. Chang Albuquerque, NM Bruce Elliott Pasternack Debra Y. Chapman Columbia, SC John A. O'Leary Stephen Allen Cherry Henniker, NH James Edward Duggan Robert William Cockerham St. Louis, MO Donald L. James Sean F. Colquhoun Morristown, NJ Robert F. Colquhoun Moira Elizabeth Colquhoun Morristown, NJ Robert F. Colquhoun Robert Francis Colquhoun, Morristown, NJ Robert F. II Colquhoun Gayla Campbell Crain Dallas, TX Frank Charles Morris, Jr. Jeffrey L. Diamond Houston, TX Timothy F. Burr James J. Elacqua Palo Alto, CA Thomas M. Peterson Thomas M. Finneran Boston, MA William F. Kennedy Ana Kristine Floyd Irvine, CA Lawrence David Lewis Robyn R. Gallitto New Castle, PA Judge Dominick Motto Michael S. Goldberg Houston, TX Joseph Dawson Cheavens Melissa Ann Graham-Hurd Akron, OH J. Dean Carro Frederick J. Hahn, III Idaho Falls, ID Peter J. Boyd Mark R. Heilbrun Atlanta, GA Arlen Specter David Fredrick Brainerd, MN Christopher Hermerding Quentin Longley

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MONDAY, APRIL 26, 1999 759

Applicant City and State Movant William Benjamin Hood, II Atlanta, GA Patrick Michael O'Neill Lawrence W. Jackson Little Rock, AR Calvin Roe Gibson Andrew J. Jarbola, III Scranton, PA Carlon M. O'Malley John J. Jordan San Francisco, CA Gilbert Eisenberg Kathryn M. Kase Albany, NY Elisabeth Anne Semel Nahum A. Kianovsky Brooklyn, NY Manuel del Valle William Brent Kilduff Richmond, VA Raymond Paul Childress, Jr. Jason Wade Konvicka Richmond, VA Raymond Paul Childress, Jr. Thomas Christian Korbee Cincinnati, OH Donna Michelle Bloemer Scott Alan Lerner Champaign, IL Arthur M. Lerner Denzil Price Marshall, Jr. Jonesboro, AR John C. Deacon Jani J. Maselli North Adams, MA George McCall Secrest, Jr. Andrew G. McBride Alexandria, VA Michael A. Carvin Steven Michael McCauley Lexington, KY George Francis Rabe John M. McCollam New Orleans, LA Ewell E. Eagan, Jr. JoAnn Wilke Melesky Washington, DC David H. Myers Shawn D. Mitchell Broomfield, CO Van Aaron Hughes Randall Nordlund Miami, FL Brian S. Dervishi Laurence F. Padway Alameda, CA Ernest M. Thayer Paul George Papadopoulos Charleston, WV David Kent Higgins Paul D. Raschke Baltimore, MD Thomas W. Brunner Randolph Gregory Rich Atlanta, GA Robert William Lenzer Thomas M. Scott St. Paul, MN Roger N. Knutson Robert Noel Sheets Oklahoma City, Alfred P. Murrah, OK Jr. James Kurt Straub Philadelphia, PA Steven Asher Haber

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760 MONDAY, APRIL 26, 1999

Applicant City and State Movant Eugene M. Talerico, Jr. Old Forge, PA Michael Jude Barrasse Marina Tramontozzi Woburn, MA Timothy M. Corcoran Debra Ann Windsor Fort Worth, TX Tim Curry Thomas M. Winn, III Roanoke, VA William B. Poff Lance E. Winters Los Angeles, CA Allison Hughes Ting Warren Dexter Woessner Minneapolis, MN Bradley A. Forrest

Orders Ordered: 1. That the Federal Rules of Bankruptcy Procedure be, and they hereby are, amended by including therein amendments to Bankruptcy Rules 1017, 1019, 2002, 2003, 3020, 3021, 4001, 4004, 4007, 6004, 6006, 7001, 7004, 7062, 9006, and 9014. 2. That the foregoing amendments to the Federal Rules of Bank- ruptcy Procedure shall take effect on December 1, 1999, and shall gov- ern in all proceedings in bankruptcy cases thereafter commenced and, insofar as just and practicable, all proceedings 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 Bankruptcy Procedure in accordance with the provisions of Section 2075 of Title 28, United States Code. Ordered: 1. That the Federal Rules of Civil Procedure for the United States District Courts be, and they hereby are, amended by including therein amendments to Civil Rule 6(b) and Form 2. 2. That the foregoing amendments to the Federal Rules of Civil Pro- cedure shall take effect on December 1, 1999, 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.

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MONDAY, APRIL 26, 1999 761 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 6, 11, 24, and 54. 2. That the foregoing amendments to the Federal Rules of Criminal Procedure shall take effect on December 1, 1999, and shall govern all 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.

Admissions to the Bar on Oral Motions Applicant City and State Movant Charles M. Pallesen, Jr. Lincoln, NE Cynthia June Rapp John Thune Slater Bellington, WA Cynthia June Rapp Gaye Lisa Powell Hume Washington, DC Paul Reinherz Quitman Wolfson Jacqueline Edelen Ellington Washington, DC Alan Edward Aronwitz Sonia Althea Greenaway New York, NY Alan Edward Aronwitz Judith Hanson Brodlieb Carlsbad, CA Leon Friedman Alan B. Fischler Bethesda, MD Leon Friedman Nancy B. McAllister Miami, FL Leon Friedman Anthony J. Randazzo North Bergen, NJ Leon Friedman Michael Dreishpoon New York, NY Leon Friedman Mark Josef Fox New York, NY Leon Friedman Patria Frias-Colon Brooklyn, NY Leon Friedman Steven M. Haft New York, NY Leon Friedman Sherri Lynn Hughes Yorktown Heights, Leon Friedman NY Michael Allen Kimack Garden City, NY Leon Friedman Diane Moveta McFarlane Baldwin, NY Leon Friedman Maria I. Moir Huntington, NY Leon Friedman Karen Lee Nielsen Cold Spring Leon Friedman Harbor, NY

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762 MONDAY, APRIL 26, 1999 Oral Arguments No. 98238. Togo D. West, Jr., Secretary of Veterans Affairs, Peti- tioner v. Michael Gibson. Argued by Ms. Barbara B. McDowell for the petitioner and by Mr. Timothy M. Kelly for the respondent. No. 98405. Janet Reno, Attorney General, Appellant v. Bossier Par- ish School Board; and No. 98406. George Price, et al., Appellants v. Bossier Parish School Board. Argued by Mr. Paul R. Q. Wolfson for the appellant in case No. 98405, by Ms. Patricia A. Brannan for the appellants in case No. 98 406, and by Mr. Michael A. Carvin for the appellee.

Adjourned until Tuesday, April 27, 1999, at 10 O'clock.

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(JOURNAL) TUESDAY, APRIL 27, 1999 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.

Opinion No. 98131. United States, Petitioner v. Sun-Diamond Growers of California. On writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit. Judgment affirmed. Opinion by Justice Scalia.

Admissions to the Bar on Oral Motions Applicant City and State Movant Marilyn Sparks-Inge New Haven, CT Judge John Joseph Farley, III Robert Ridder Saunders Orlando, FL Judge John Joseph Farley, III Scott Jeffrey Altschul Plantation, FL Judge John Joseph Farley, III Randolph Micah Brodwin New York, NY Judge John Joseph Farley, III Frederica Elena Queens County, Judge John Joseph Brown-Jeffries NY Farley, III Timothy Francis Daly Washington, DC Judge John Joseph Farley, III Zachary Robb Greenhill New York, NY Judge John Joseph Farley, III Margaret E. Mainusch Mineola, NY Judge John Joseph Farley, III Beatty Barfield Page New York, NY Judge John Joseph Farley, III Michael J. Paglino Commack, NY Judge John Joseph Farley, III Michael Paul Panebianco Baltimore, MD Judge John Joseph Farley, III Debra Gail Speyer Philadelphia, PA Judge John Joseph Farley, III Richard Charles Sofield Alexandria, VA Judge John Joseph Farley, III

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764 TUESDAY, APRIL 27, 1999

Applicant City and State Movant Paul C. Wilson Jefferson City, MO Jeremiah Willson Nixon Anne-Marie Lindsey Bowen Orlando, FL Francis John Lorson Jessica Lee Denver, CO William Jeffrey Kilberg Kim Albert Fadel Roanoke, VA David G. Frolio

Oral Arguments No. 98387. Greater New Orleans Broadcasting Association, Inc., et al., Petitioners v. United States, et al. Argued by Mr. Bruce J. Ennis, Jr., for the petitioners and by Ms. Barbara D. Underwood for the respondents. No. 971992. Vaughn L. Murphy, Petitioner v. United Parcel Service, Inc. Argued by Mr. Stephen R. McAllister for the petitioner, by Mr. James A. Feldman for the United States as amicus curiae, by special leave of the Court, and by Mr. William J. Kilberg for the respondent.

Adjourned until Wednesday, April 28, 1999, at 10 o'clock.

Rehearing Denied No. 987864. Ralph E. Davis, Petitioner v. Michael Bowersox, Super- intendent, Potosi Correctional Center. Application for stay of execution of sentence of death presented to Justice Thomas and by him referred to the Court denied. Petition for rehearing denied.

Habeas Corpus Denied No. 989123. In Re Ralph Edward Davis, 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) WEDNESDAY, APRIL 28, 1999 765 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 Steven David Weinberg Los Angeles, CA Judge Alexander Hutcheson Williams John Joseph Brady Tucson, AZ Donald Godfrey Avery Teri P. McClure Atlanta, GA William Jeffrey Kilberg Miriam R. Nemetz Washington, DC Evan Mark Tager Beth A. Doherty Quinn Denver, CO Lisa Hogan Joseph Martin Quinn San Francisco, CA James M. Humes Joan Miriam Kripke Chicago, IL Deborah Naomi Abramson Ricki Anne Sokol Wayne, NJ Deborah Naomi Abramson Joan Catherine Fraser Baltimore, MD Deborah Naomi Abramson Jodi Lyn Hammerman Randallstown, MD Deborah Naomi Abramson Randi Sue Lifson Baltimore, MD Deborah Naomi Abramson Suzanne Carol Shapiro Baltimore, MD Deborah Naomi Abramson Susan Renee Steinberg Baltimore, MD Deborah Naomi Abramson Susan M. Joseph Rockaway, NJ Deborah Naomi Abramson Kimberly Anne Levine Wantagh, NY Deborah Naomi Abramson Ann Newman New York, NY Deborah Naomi Abramson Claire I. Weinberg Great Neck, NY Deborah Naomi Abramson

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766 WEDNESDAY, APRIL 28, 1999

Applicant City and State Movant Edward H. Weinberg Great Neck, NY Deborah Naomi Abramson Barbara Wapner Pressman Philadelphia, PA Deborah Naomi Abramson

Oral Arguments No. 971943. Karen Sutton and Kimberly Hinton, Petitioners v. United Air Lines, Inc. Argued by Mr. Van Aaron Hughes for the peti- tioners, by Mr. Edwin S. Kneedler for the United States as amicus curiae, by special leave of the Court, and by Mr. Roy T. Englert, Jr., for the respondent. No. 98591. Albertsons, Inc., Petitioner v. Hallie Kirkingburg. Ar- gued by Ms. Corbett Gordon for the petitioner, by Mr. Scott N. Hunt for the respondent, and by Mr. Edward C. DuMont for the United States as amicus curiae, by special leave of the Court.

Adjourned until Monday, May 3, 1999, at 10 o'clock.

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(JOURNAL) THURSDAY, APRIL 29, 1999 767 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. 988991. Ronald Dale Yeatts, 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) MONDAY, MAY 3, 1999 769 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: "Today's orders of the Court have been certified by Justice Stevens, filed with the Clerk, and will not be announced orally."

Certiorari-Summary Disposition No. 981284. Donna E. Shalala, Secretary of Health and Human Services, Petitioner v. Gregoria Grijalva, 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 consideration in light of American Manufacturers Mutual Insurance Company v. Sullivan, 526 U. S. (1999); Sections 4001 and 4002 of the Balanced Budget Act of 1997, Pub. L. No. 10533, 111 Stat. 275-330; and the regulations of the Secretary of Health and Human Services implementing those provisions.

Orders In Pending Cases No. M60. George E. McDermott, Petitioner v. Department of Jus- tice, et al. Motion to direct the Clerk to file a petition for writ of certio- rari out-of-time denied. No. 988239. Ronald Dean Lowe, Petitioner v. Oklahoma. Motion of petitioner for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner allowed until May 24, 1999, 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. 988366. Vincent Faustino Rivera, Petitioner v. Florida, et al. Motion of petitioner for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner allowed until May 24, 1999, 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. 988754. James M. DeBardeleben, Petitioner v. United States. Motion of petitioner for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner allowed until May 24, 1999, 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.

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770 MONDAY, MAY 3, 1999 Certiorari Granted No. 981036. Illinois, Petitioner v. William, aka, Sam Wardlow. Mo- tion of respondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the Supreme Court of Illinois granted. No. 981441. Ernest C. Roe, Warden, Petitioner v. Lucio Flores Or- tega. 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 granted limited to Question 2 presented by the petition.

Certiorari Denied No. 981054. Visalakshi Malladi, Petitioner v. Togo D. West, Jr., Sec- retary of Veterans Affairs. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 981058. Robert D. Potts, Petitioner v. Securities and Exchange Commission. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 981092. Ricardo Gonzalez-Navarro and Conchita Navarro de Gonzalez, Petitioners v. Luis Bonilla, et al.; and No. 981425. Luis Bonilla, et al., Petitioners v. Volvo Car Corpora- tion,; and Luis Bonilla, et al., Petitioners v. Trebal Motors Corporation, et al. Petitions for writs of certiorari to the United States Court of Appeals for the First Circuit denied. No. 981201. Matsushita Electric Company and Tokio Marine & Fire Insurance Company, Petitioners v. John Ziegler, Customs Agent. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 981211. Kanowitz Fruit and Produce Co., Inc., Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 981303. Ellen R. Klein, Petitioner v. David Courtwright and Dan Schafer, etc. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 981360. Charles Montione, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Middle District, denied. No. 981377. James M. Robertson, et ux., Petitioners v. Neuromedi- cal Center, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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MONDAY, MAY 3, 1999 771 No. 981382. Pulitzer Publishing Company, Petitioner v. Thomas M. Godfrey, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 981386. Carol Ingle, et al., Petitioners v. Dow Corning Corpora- tion, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 981393. Stun-Tech, Inc., Petitioner v. R. A. C. C. Industries, Inc. Petition for writ of certiorari to the United States Court of Ap- peals for the Federal Circuit denied. No. 981394. Kermie M. King, Petitioner v. Herbert J. Thomas Me- morial Hospital Association. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 981395. Polaroid Corporation, Petitioner v. Muriel K. Offerman, North Carolina Secretary of Revenue. Petition for writ of certiorari to the Supreme Court of North Carolina denied. No. 981396. Marilyn Woodyear, Petitioner v. Clarke Insurance, Inc., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. No. 981401. Clyde LaRue, Petitioner v. Illinois, ex rel., Prairie State Securities, L. L. C., et al. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied. No. 981406. Edna M. Jennings, Petitioner v. Sandra E. Coutscoudis, et vir. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 981407. Donald P. Humphress, Petitioner v. United Parcel Service, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 981408. Marilyn Schmidt, Petitioner v. Thomas A. Goscicki and Alfred Siegel, Trustee. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981409. Olin T. C. Dawson, Petitioner v. Board of Supervisors of Louisiana State University Agricultural and Mechanical College. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 981424. Collagen Corporation, Petitioner v. Charlotte Kennedy, et vir. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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772 MONDAY, MAY 3, 1999 No. 981430. Ronald A. Brown, Petitioner v. Mayor and City Council of Baltimore. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 981431. William Rupert, Petitioner v. Federal Deposit Insur- ance Corporation, as Receiver and/or Conservator for Columbia Sav- ings and Loan Association. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981496. Wynne L. Creekmore, Jr., Petitioner v. Vasa North Atlantic Insurance Company. Petition for writ of certiorari to the Court of Appeals of Texas, First District, denied. No. 981516. Joseph P. Stich, Petitioner v. Ron Angelone, Director, Virginia Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 981576. Allan L. Turner, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Armed Forces denied. No. 981580. Stanley R. Tsuji, Petitioner v. Hawaii, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981591. Antonio Rojas-Ortega, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 981601. John A. Robinson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 981617. Gerald W. Emerson, Petitiner v. Board of Zoning Ap- peals of Fairfax County, et al. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 987406. Larry Keith Robison, 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. 987481. Michael A. Jackson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 987915. Henry L. Huckaby, Petitioner v. Health Care Financing Administration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

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MONDAY, MAY 3, 1999 773 No. 988281. William Earl 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. 988283. Juan Ribot-Carino, Petitioner v. Zoe Laboy-Alvarado, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 988294. Rosetta Sumter, Petitioner v. New Jersey. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 988297. Irvin Jefferson Wilson, Petitioner v. Robert Bollinger, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. No. 988300. Abdullah Abdus-Sabir, Petitioner v. Roy Hightower, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 988309. Roderick Nunley, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. No. 988315. David Brian Bonner, Petitioner v. Joe Crabtree, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988323. Angel Nieves Diaz, Petitioner v. Florida, et al. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 988328. Willie Thomas Ford, Petitioner v. Lonnie Saunders, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988329. Lonnie Griffin, Petitioner v. Willie Scott, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 988331. Istivan Clevondon Douglas, Petitioner v. Michael F. Easley, Attorney General of North Carolina, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988333. Norman Parker, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 988341. Donald M. Cogdill, Petitioner v. South Carolina, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988342. Antonio Cox, Petitioner v. Ronald J. Angelone, Direc- tor, Virginia Department of Corrections, et al. Petition for writ of cer-

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774 MONDAY, MAY 3, 1999 tiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988344. Kevin Bromwell, Petitioner v. David Dormire, 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. 988346. Barbara H. Vinyard, Petitioner v. Terry L. Stewart, Director, Arizona Department of Corrections. Petition for writ of cer- tiorari to the Court of Appeals of Arizona, Division Two, denied. No. 988348. Lamont Adams, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied. No. 988352. Chevy Rahmatollah Shivaee, Petitioner v. Virginia, et al. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 988360. John David Fraser, Petitioner v. Carole Dawes, et al. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. No. 988369. H. Karajah, Petitioner v. District of Columbia Depart- ment of Housing and Public Assistance. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 988374. Lloyd Matthews, Petitioner v. Massachusetts. Petition for writ of certiorari to the Appeals Court of Massachusetts denied. No. 988375. Frederick Ramone Whatley, Petitioner v. Georgia. Pe- tition for writ of certiorari to the Supreme Court of Georgia denied. No. 988377. Cheryl McCoy, Petitioner v. Workers' Compensation Appeals Board of California, et al. Petition for writ of certiorari to the Court of Appeal of California, Fifth Appellate District, denied. No. 988383. Paul Anthony Brown, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 988391. Truman Williams, Petitioner v. Kenneth S. Apfel, Com- missioner of Social Security, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988417. Albert Jimenez Castilleja, 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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MONDAY, MAY 3, 1999 775 No. 988433. Frankie Levi Cole, Petitioner v. Frank X. Hopkins, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 988435. Ronald Larkins, Petitioner v. Carl Anderson, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988440. Allen A. Lebedun, Petitioner v. Virginia; and Allen A. Lebedun, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 988453. Rayford L. Gardner, Petitioner v. Kentucky. Petition for writ of certiorari to the Court of Appeals of Kentucky denied. No. 988463. James Guzman, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 988475. Raymond Simpson, Petitioner v. Lear Astronics Corpo- ration. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988484. Leo J. Caldwell, Petitioner v. Dennis A. Baker, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988485. William E. Beasley, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied. No. 988492. Robert Lee Butler, Petitioner v. Reno Police Depart- ment, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988494. Clarence Easley, 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. 988507. Darnell Hutchinson, Petitioner v. Thomas A. Fulcomer, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied. No. 988559. Scott W. Harper, 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. 988566. David S. Frederick, Petitioner v. Donald W. Gudman- son, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

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776 MONDAY, MAY 3, 1999 No. 988605. Edgar Santos Arroyo, 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. 988631. David L. Campbell, Petitioner v. United States District Court for the Southern District of Ohio. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988647. Kendrick Howard, Petitioner v. Louisiana. Petition for writ of certiorari to the Court of Appeal of Louisiana, Fourth Circuit, denied. No. 988677. Cyrus W. Moore, 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. 988683. Kenneth Johnson, 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. 988694. Rickie J. Bellanger, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Armed Forces denied. No. 988700. Charles Shay, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 988717. David A. Sumrall, Petitioner v. Maryland Division of Correction, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988728. Manual Page, Petitioner v. United States; and No. 988760. Carl Ray Burress, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 988734. Willie Clay Means, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 988746. Lorenzo Malachi Hardy, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 988751. Ralph Arthur Goodridge, 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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MONDAY, MAY 3, 1999 777 No. 988753. Carl Hach and Francis Hach, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 988755. Terry E. Savage-El, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 988761. Floyd Raymond Looker, aka Ernest B. Ray, aka Ray, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988763. Kenneth Burell Jones, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988765. Eric Weymouth, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 988766. Gerald Lee Carroll, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 988768. Fred Bull, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988771. Lavon Heath, Petitioner v. United States; and No. 988839. Albert Davis, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 988775. Ira Vincent Spearman, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988776. Bernard Bob, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988778. David Lindon Harpine, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988779. Nelson Tomas Zambrano, 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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778 MONDAY, MAY 3, 1999 No. 988780. James Theodore Wicks, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 988784. Kyle A. Bell, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 988792. Lamaint Duane Wallin, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 988796. Jorge Betancourt, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988801. David A. Wilson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988807. Darrell Addair, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988808. Michael Royster, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988809. Fred Sacky, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 988811. Allen B. Richardson, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988813. David Omer Cannon, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 988820. Enrique Pedraza, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 988825. John Cordero, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988829. Gilbert Lorenzo West, 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, MAY 3, 1999 779 No. 988834. Marcus Leland Freeman, aka Big Mark, Petitioner v. United States; and No. 988859. Jesse Jackson, Jr., aka Jesse Oliver Jackson, Jr., Peti- tioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988845. Barry Jordan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 988853. Alfred Ray Marcilous, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988855. Osbaldo Montalvo-Dominguez, aka El Gordo, Peti- tioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988858. Rolando Molina, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988865. Reginald Bernard Whitmore, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 981418. Florida, Petitioner v. Anthony Lancaster. Motion of respondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 988686. Calvin Eugene Swann, Petitioner v. John Taylor, 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.

Habeas Corpus Denied

No. 988925. In Re Gerald L. Rogers, Petitioner. Petition for writ of habeas corpus denied.

Mandamus Denied

No. 981562. In Re Roland L. Goad, Petitioner; No. 988663. In Re Dolores Quinones, Petitioner; No. 988665. In Re Donald Bobchick, Petitioner; No. 988668. In Re William Ray Brown, Petitioner; and

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780 MONDAY, MAY 3, 1999 No. 988741. In Re Michael Anthony Noble, Petitioner. Petitions for writs of mandamus denied.

Rehearings Denied No. 981151. James Constant, Petitioner v. Advanced Micro-Devices, Inc., et al.; No. 986473. Glenn L. Coleman, Petitioner v. Thomas A. Beilein, Sheriff; No. 987369. Frank Skorniak, Petitioner v. United States; No. 987476. James Michael MacPhee, Petitioner v. California; No. 987598. Williams Jennings, Jr., Petitioner v. Harry K. Single- tary, Jr., Secretary, Florida Department of Corrections, et al.; No. 987679. Donald Boyd, Petitioner v. Ricki Helfer, Chairman, Board of Directors, Federal Deposit Insurance Corporation; No. 987727. Matthew Joseph Sikora, Jr., Petitioner v. Frank X. Hop- kins, Warden, et al.; No. 987769. James E. Cagle, Petitioner v. Ron Champion, Warden, et al.; and No. 987977. Joe Nathan Tobie, Petitioner v. Department of the Inte- rior. Petitions for rehearing denied. No. 9840. Sergio LaFontaine, Petitioner v. Commissioner of Correc- tional Services of New York. 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. D2033. In the Matter of Disbarment of H. Gene Baldridge. Disbarment order entered. No. D2035. In the Matter of Disbarment of Albert Ira Gould. Dis- barment order entered. No. D2045. In the Matter of Disbarment of David Stephen Hol- lander. Disbarment order entered. No. D2047. In the Matter of Disbarment of Stanford Donald Hess. Disbarment order entered. No. D2048. In the Matter of Disbarment of Gary Ellis Wolosin. Disbarment order entered. No. D2050. In the Matter of Disbarment of Edward Hamilton Phil- lips. Disbarment order entered. No. D2069. In the Matter of Disbarment of Sheldon Irwin Walker. Sheldon Irwin Walker, of Brooklyn, New York, is suspended from the

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MONDAY, MAY 3, 1999 781 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. D2070. In the Matter of Disbarment of Benjamin V. R. Conlon. Benjamin V. R. Conlon, of Lake Norman, 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.

Admissions to the Bar on Written Motion Applicant City and State Movant Anthony C. Acampora Garden City, NY Jack B. Friedman Lawrence G. Albrecht Milwaukee, WI Curry First Edwin P. Antolin San Francisco, CA Stuart Jay Offer Thomas O. Barnett Washington, DC John H. Schafer, III J. Rodney Baum Baton Rouge, LA James E. Boren Rebecca Jane Becker Gretna, LA Terry M. Boudreaux Faye Allen Boyce Quincy, FL Bishop Clarke Holifield Miriam Anne Buhl New York, NY Arthur Kinoy Jennifer Farleo Callan El Paso, TX James Michael Callan Michael John Chapman Madison, WI Richard Zohn Kabaker Frank Clark Tampa, FL Matthew Blane Wheeley John P. Clinton Syracuse, NY Bruce Robert Bryan Donald A. Cockrill Greenville, SC Lemuel Gray Geddie, Jr. Joel M. Cohn Washington, DC Richard N. Appel Steven Wayne Collins Dallas, TX James Michael Klancnik Leonard Cornelius Collins, La Plata, MD Leonard C. Collins Jr. William John Crittenden Seattle, WA Philip Albert Talmadge Lucy Ann Dalglish Minneapolis, MN Michael James Wahoske

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782 MONDAY, MAY 3, 1999

Applicant City and State Movant Jesse S. Drucker Patchogue, NY Stanley H. Wallenstein Michael A. Duddy Portland, ME U. Charles Remmel, II Steven Michael Fahlgren Orlando, FL Reinald Werrenrath, III Deborah Jean Fennelly Convent Station, Reginald Stanton NJ Rodney Freeman, Jr. Huron, SD Mark Vernon Meierhenry Todd E. Garabedian Glastonbury, CT Mark R. Kravitz Ian Heath Gershengorn Weston, MA Honorable John Paul Stevens, Associate Justice of the Supreme Court Jack Walter Gooding Texarkana, TX Walter Kelvin Wyrick John Graves Longview, TX Donald M. Hunt Richard H. Greene Shelton, CT John Joseph Morgan Roger L. Gregory Richmond, VA Oliver W. Hill, Sr. Paul Harris San Francisco, CA Arthur Kinoy Kurt K. Harris Las Vegas, NV Kenneth Gary Bell Steven Ashley Hart Nashville, TN Michael Etheridge Moore Helene Victoria Hedian Baltimore, MD Bernard W. Rubenstein Lee William Huffman Santa Fe, NM Paul J. Kelly, Jr. William Stuart Jackson Little Rock, AR Gordon Smeade Rather, Jr. Edwin Eugene Kerstine Brandon, MS Marvin Luther White, Jr. Terrence Michael King Los Angeles, CA Harvey Todd Oringher Gregory Paul Magarian Shorewood, WI Honorable John Paul Stevens, Associate Justice of the Supreme Court

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MONDAY, MAY 3, 1999 783

Applicant City and State Movant Idolina Garcia McCullough Austin, TX Delane Taylor Hendrix Robert Mehlhaff Tracy, CA Walter James McInnis Charles J. Moll, III San Francisco, CA Stuart Jay Offer Sarah E. Morrison Los Angeles, CA Donald A. Robinson Wayne R. Parrish Mariposa, CA Fernanda Alexandria Saude D. Michael Reilly Seattle, WA Michael Barr King James Augustine Rizzo North Tonawanda, Frederic C. NY Washburn Kent A. Shelton Huron, SD Mark Vernon Meierhenry Greg Shinall Chicago, IL Paul Ethan Slater Darcy Ailene Shoop Rockville, MD Jeffrey Martin Schwaber David Todd Stevenson Cincinnati, OH Carl Joseph Stich John Edward Stroud Santa Fe, NM Edward J. Apodaca Andrew L. Warren Dodge City, KS Gerald Leonard Spence Jeffrey Scott Yanuck Los Angeles, CA Alan Lee Rosen Andrew Leslie Zwerling New York, NY Gary Steven Fidel

Opinions

No. 971418. Bank of America National Trust and Savings Associa- tion, Petitioner v. 203 North LaSalle Partnership. On writ of certiorari to the United States Court of Appeals for the Seventh Circuit. Judg- ment reversed, and case remanded to the United States Court of Ap- peals for the Seventh Circuit for further proceedings in conformity with the opinion of this Court. Opinion by Justice Souter. Opinion by Justice Thomas, with whom Justice Scalia joins, concurring in the judg- ment. Dissenting opinion by Justice Stevens. No. 986. El Paso Natural Gas Company, et al., Petitioners v. Laura Neztsosie, et al. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment vacated, and case remanded to the United States Court of Appeals for the Ninth Circuit with in-

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784 MONDAY, MAY 3, 1999 structions to remand case to the United States District Court for the District of Arizona for further proceedings in conformity with the opin- ion of this Court. Opinion by Justice Souter. No. 971754. Immigration and Naturalization Service, Petitioner v. Juan Anibal Aguirre-Aguirre. 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 Kennedy.

Admissions to the Bar on Oral Motions Applicant City and State Movant Philip Francis Lanzafame Pasadena, CA Cynthia June Rapp Craig Lawrence Cohen New York, NY Alan Scott Frumin Edwin Thomas Scallon Taunton, MA Earl F. Pasbach Patricia Anne Agnello New York, NY Joseph A. Salvo Robert A. Carrozzo Forest Hills, NY Joseph A. Salvo Peter Francis Lane New York, NY Joseph A. Salvo Richard A. Piccola Flushing, NY Joseph A. Salvo Warren E. Olsen Alexandria, VA Peter Saxon Bernard Lau Scarsdale, NY Peter Saxon Natalie Myroslava Derzko Washington, DC Peter Saxon Robert J. Follett Newtown, CT Peter Saxon Leon Joseph Bechet New York, NY Peter Saxon Mitchell David Bittman New City, NY Peter Saxon Ronald Erik Brown Fairfield, CT Peter Saxon Joseph A. Calvaruso New York, NY Peter Saxon John M. Desmarais New York, NY Peter Saxon Victoria J. B. Doyle New York, NY Peter Saxon Lana Claire Fleishman New York, NY Peter Saxon Raymond Joseph Glynn New York, NY Peter Saxon Matthew J. Golden New York, NY Peter Saxon Richard Barton Klar New York, NY Peter Saxon Thomas James Kowalski East Quogue, NY Peter Saxon Donald C. Lucas New York, NY Peter Saxon Dolores Moro-Grossman New York, NY Peter Saxon Joseph T. Murray New York, NY Peter Saxon Nadine Heidi Parker New York, NY Peter Saxon Allen I. Rubenstein New York, NY Peter Saxon John Jerome Skinner, Jr. New York, NY Peter Saxon

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MONDAY, MAY 3, 1999 785

Applicant City and State Movant Allison Strickland New York, NY Peter Saxon Afschineh Latifi M. Tehrani New York, NY Peter Saxon Robert L. Tucker New York, NY Peter Saxon Raymond Van Dyke Dallas, TX Peter Saxon Mark Charles Boyland New York, NY Todd Douglas Kilpatrick Gregory Joseph Amoroso Rome, NY Todd Douglas Kilpatrick Jennifer Brewster Arlin New York, NY Todd Douglas Kilpatrick Jan Ingham Berlage Avon, CT Todd Douglas Kilpatrick Samuel Michael Braverman New York, NY Todd Douglas Kilpatrick Thomas John Dellapenna, Johnson City, NY Todd Douglas Jr. Kilpatrick Michael A. DiMauro Staten Island, NY Todd Douglas Kilpatrick Stephen G. Gordon White Plains, NY Todd Douglas Kilpatrick William Stewart Helmer Albany, NY Todd Douglas Kilpatrick Davida H. Isaacs New York, NY Todd Douglas Kilpatrick Daryll Boyd Jones Laurelton, NY Todd Douglas Kilpatrick Matthew J. Mann Albany, NY Todd Douglas Kilpatrick Andrew Pappas Staten Island, NY Todd Douglas Kilpatrick Eric Ivan Prusan Mineola, NY Todd Douglas Kilpatrick James Steven Rizzo Rome, NY Todd Douglas Kilpatrick Norman Morris Rosner New York, NY Todd Douglas Kilpatrick David S. Rothenberg Albany, NY Todd Douglas Kilpatrick William Theodore Shepard New York, NY Todd Douglas Kilpatrick

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786 MONDAY, MAY 3, 1999

Applicant City and State Movant Peter Sikora Hempstead, NY Todd Douglas Kilpatrick Susan Carol Simon Cross River, NY Todd Douglas Kilpatrick Leslie Norman Simon Cross River, NY Todd Douglas Kilpatrick

Adjourned until Monday, May 17, 1999, at 10 o'clock.

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(JOURNAL) TUESDAY, MAY 4, 1999 787 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. 989208. In Re Manuel P. Babbitt, 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.

Certiorari Denied No. 989209. Manuel P. Babbitt, Petitioner v. California. 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 Supreme Court of California denied.

Certiorari Denied No. 989210. Manuel P. Babbitt, Petitioner v. Jeanne Woodford, War- den. 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.

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(JOURNAL) WEDNESDAY, MAY 5, 1999 789 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. 989177. Clydell Coleman, 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.

Certiorari Denied

No. 989206. Robert Wayne Vickers, Petitioner v. Terry L. Stewart, Director, Arizona Department of Corrections, 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.

Habeas Corpus Denied

No. 989248. In Re Robert Wayne Vickers, 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.

Rehearing Denied

No. 887629. Robert Wayne Vickers, Petitioner v. Arizona. Applica- tion for stay of execution of sentence of death presented to Justice O'Connor and by her referred to the Court denied. Motion for leave to file a petition for rehearing denied.

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790 WEDNESDAY, MAY 5, 1999 Certiorari Denied No. 989249. Robert Wayne Vickers, Petitioner v. Terry L. Stewart, Director, Arizona Department of Corrections, 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.

Rehearing Denied No. 986440. Robert Wayne Vickers, Petitioner v. Terry L. Stewart, Director, Arizona Department of Corrections, et al. Application for stay of execution of sentence of death presented to Justice O'Connor and by her referred to the Court denied. Motion for leave to file a petition for rehearing denied.

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(JOURNAL) MONDAY, MAY 17, 1999 791 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, 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."

Certiorari-Summary Disposition No. 981240. John David Lovelace, Petitioner v. Virginia. On petition for writ of certiorari to the Supreme Court of Virginia. Petition for writ of certiorari to the Supreme Court of Virginia granted. Judgment vacated, and case remanded to to the Supreme Court of Virginia for further consideration in light of Knowles v. Iowa, 525 U. S. (1998).

Orders In Pending Cases No. A688. Robert Lindow, Petitioner v. United States. Application for a certificate of appealability addressed to Justice Souter and re- ferred to the Court denied. No. M61. Elizabeth J. Patrick, Petitioner v. Employment Security Department of Washington. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M62. Alfredo Rodriguez, Petitioner v. Christopher Artuz, Superintendent, Green Haven Correctional Facility. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M65. James B. McNally, Petitioner v. Theo White. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M66. James F. Svec, Individually and dba West Suburban Liv- ery, Petitioner v. Thomas J. Moriarity, Trustee on Behalf of Trustees of Local Union No. 727, IBT Pension Trust, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M64. In Re S. H., Petitioner. Motion of petitioner for leave to proceed without paying the docket fee denied. No. M67. B.M., etc., Petitioner v. T.H.P. Motion for leave to proceed in forma pauperis without an affidavit of indigency executed by peti- tioner denied.

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792 MONDAY, MAY 17, 1999 No. 120, Original. State of New Jersey, Plaintiff v. State of New York. (New York and New Jersey boundary case) On Report of the Special Master upon Recommittal. Decree entered. No. 971943. Karen Sutton and Kimberly Hinton, Petitioners v. United Air Lines, Inc. Motion of respondent for leave to file a supple- mental brief after argument granted. Motion of the Solicitor General for leave to file a supplemental brief in reply, as amicus curiae, after argument granted. No. 981037. George Smith, Warden, Petitioner v. Lee Robbins. Mo- tion for appointment of counsel granted, and it is ordered that Ronald J. Nessim, Esquire, of Los Angeles, California, is appointed to serve as counsel for the respondent in this case. No. 981167. Edward Christensen, et al., Petitioners v. Harris County, et al. The Solicitor General is invited to file a brief in this case expressing the views of the United States. No. 987450. Vincent F. Rivera, Petitioner v. Florida Department of Corrections. Motion of petitioner for reconsideration of order denying leave to proceed in forma pauperis denied. No. 987649. Vincent Faustino Rivera, Petitioner v. Ellen Rush, et al. Motion of petitioner for reconsideration of order denying leave to proceed in forma pauperis denied. No. 988150. Barbara Schwarz, Petitioner v. Federal Bureau of In- vestigation. Motion of petitioner for reconsideration of order denying leave to proceed in forma pauperis denied. No. 987809. Salvador Martinez, Petitioner v. Court of Appeal of California, Fourth Appellate District. Motion for appointment of coun- sel granted, and it is ordered that Ronald B. Maines, Esquire, of Wash- ington, D. C., is appointed to serve as counsel for the petitioner in this case. No. 988384. Terry Williams, Petitioner v. John Taylor, Warden. Mo- tion for appointment of counsel granted, and it is ordered that Brian A. Powers, Esquire, of Washington, D.C., is appointed to serve as coun- sel for the petitioner in this case. No. 988413. Ronald Dean Lowe, Petitioner v. Ronald J. Champion. Motion of petitioner for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner allowed until June 7, 1999, 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.

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MONDAY, MAY 17, 1999 793 No. 988419. Eloy A. Role, Petitioner v. Teamsters Union Local 11, et al. Motion of petitioner for leave to proceed in forma pauperis de- nied. Petitioner allowed until June 7, 1999, 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 the Court.

Certiorari Granted

No. 981464. Janet Reno, Attorney General, et al., Petitioners v. Charlie Condon, Attorney General of South Carolina, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit granted. No. 981161. City of Erie, et al., Petitioners v. Pap's A.M., tdba "Kandyland". Motion of Erie County Citizens Coalition Against Violent Pornography for leave to file a brief as amicus curiae granted. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Western District, granted. No. 981299. New York, Petitioner v. Michael Hill. Motion of re- spondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the Court of Appeals of New York granted.

Certiorari Denied

No. 98926. Lower Tule River Irrigation District, et al., Petitioners v. Natural Resources Defense Council, et al.; and No. 981018. Chowchilla Water District and Madera Irrigation Dis- trict, Petitioners v. Natural Resources Defense Council, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981090. Francisco Chavez Misola, Petitioner v. Immigration and Naturalization Service. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 981139. Ezell Gilbert, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 981230. Hardwick Brothers Company II, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 981271. John Romano, Petitioner v. Securities and Exchange Commission. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

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794 MONDAY, MAY 17, 1999 No. 981276. Aluminum Company of America, Petitioner v. Esther Jones, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 981279. Lucky Stores, Inc., 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. 981287. Airborne Freight Corporation, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981290. Virginie Gschwind, In Her Own Right and Administra- trix of the Estate of Cyril Gschwind, Deceased, etc., Petitioner v. Ces- sna Aircraft Company and Pratt & Whitney Canada, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 981317. Carl Zimmerman, Petitioner v. Pontotoc County, et al. Petition for writ of certiorari to the Supreme Court of Mississippi denied. No. 981337. Frank Wagner, Petitioner v. James P. Celebrezze, Judge, Court of Common Pleas, Division of Domestic Relations, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 981389. David M. Duree, Petitioner v. Doctor's Associates, Inc. Petition for writ of certiorari to the Supreme Court of Kansas denied. No. 981392. EMI Group North America, Inc., Petitioner v. Intel Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 981414. Diane Alice Schwartz, Petitioner v. Joseph S. Gregori, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 981416. Kenneth E. Critten, et ux., Petitioners v. International Bank of Commerce, Brownsville. Petition for writ of certiorari to the Court of Appeals of Texas, Thirteenth District, denied. No. 981419. Charles D. Septowski, Petitioner v. Donald S. Mc- Gehee. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 981420. James A. Akin, et al., Petitioners v. Ashland Chemical Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

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MONDAY, MAY 17, 1999 795 No. 981423. Stephen A. Armstrong, Petitioner v. William G. Bill- ingham, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 981429. John L. Hamilton, et al., Petitioners v. Larry Roberts, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 981434. Robert Lee Bacote, Petitioner v. South Carolina. Peti- tion for writ of certiorari to the Supreme Court of South Carolina denied. No. 981438. City of Concord, Petitioner v. Neil S. Hardin. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981439. Mary Vice Evans, Petitioner v. Craig Joseph Moore, et al. Petition for writ of certiorari to the Court of Appeal of Louisiana, Third Circuit, denied. No. 981444. Gerald Allan Miscovich, Petitioner v. Elizabeth O. Mis- covich. Petition for writ of certiorari to the Supreme Court of Pennsyl- vania, Middle District, denied. No. 981447. David L. Smith, Petitioner v. US West Direct. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 981450. Brown & Root, Inc., Denny Armstrong, and Joe Phil- lips, Petitioners v. Warren J. Breckenridge, Jr., and Charles Lee Booker. Petition for writ of certiorari to the Circuit Court of West Virginia, Kanawha County, denied. No. 981453. Kent A. McNeil, Petitioner v. Henry Grayson. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 981455. Janice Biamont, Petitioner v. SAIF Corporation, et al. Petition for writ of certiorari to the Court of Appeals of Oregon denied. No. 981456. Rodney J. Ahitow, Warden, Petitioner v. James P. Glass. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. No. 981458. Ken Luker, Petitioner v. Akro Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 981459. Gavin Gutridge, Petitioner v. Midland Computer, Inc., dba Computerland of Nebraska, aka Computerland, et al. Petition for

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796 MONDAY, MAY 17, 1999 writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 981461. Constructivist Foundation, Inc., Petitioner v. DeKalb County Board of Tax Assessors. Petition for writ of certiorari to the Court of Appeals of Georgia denied. No. 981472. George G. Green, Petitioner v. Allied Interests, Inc. Petition for writ of certiorari to the Court of Appeals of Texas, Third District, denied. No. 981475. Robert Lee Massie, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. No. 981476. David Latiff, Petitioner v. Elmini Lymph, Inc., et al. Petition for writ of certiorari to the Court of Appeal of Louisiana, First Circuit, denied. No. 981477. Johnny Geotes, Petitioner v. Mississippi Board of Vet- erinary Medicine, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 981482. AVR, Inc., Petitioner v. City of St. Louis Park. Petition for writ of certiorari to the Court of Appeals of Minnesota denied. No. 981486. Greater Bay Area Association of Plumbing and Me- chanical Contractors, Petitioner v. Mechanical Contractors Association of Northern California. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied. No. 981487. Michael D. Diederich, Jr., Petitioner v. County of Rock- land, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 981489. William Barnes, et al., Petitioners v. The American Tobacco Company, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 981490. William J. Hall and Barbara Lisser, etc., Petitioners v. Coram Healthcare Corporation, James M. Sweeny, Patrick Fortune, and Sam Leno. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 981491. Globe International, Inc., Petitioner v. Khalid Khawar. Petition for writ of certiorari to the Supreme Court of California denied. No. 981499. Lee Longtin, Petitioner v. New York. Petition for writ of certiorari to the Court of Appeals of New York denied. No. 981504. Robert L. Comeaux, Petitioner v. United Food and Commercial Workers Local Union No. 455, et al. Petition for writ of

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MONDAY, MAY 17, 1999 797 certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 981507. Ellis Lee, Petitioner v. Direct Auto, Inc. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 981515. Julia Million, Petitioner v. Nick Vincent Salas and An- thony Michelle Slayden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 981517. Jan Marie Reinhardt, et al., Petitioners v. Peggy Mis- tich Reinhardt, et al. Petition for writ of certiorari to the Court of Appeal of Louisiana, First Circuit, denied. No. 981518. Andrew M. Harrow, Petitioner v. The Don Williams Corporation, et al. Petition for writ of certiorari to the Circuit Court of Florida, Hillsborough County, denied. No. 981523. Charles R. Buchek, Petitioner v. Monsanto Company, Inc. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied. No. 981532. Robert L. Schulz, et al., Petitioners v. New York State Legislature, et al. Petition for writ of certiorari to the Appellate Divi- sion, Supreme Court of New York, Third Judicial Department, denied. No. 981534. Bank One, Texas, National Association, et al., Petition- ers v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 981537. Albert C. McNab, et al., Petitioners v. General Motors Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 981539. Anne Glavey, aka Aine M. Glavey, Petitioner v. High- land Lakes Country Club & Community Association. Petition for writ of certiorari to the Superior Court of New Jersey, Sussex County, denied. No. 981542. Jerry Baker, Petitioner v. Mercedes Benz of North America and Daimler Benz AG. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 981543. Gerard N. Haas, Jr., Petitioner v. Jan J. Schalow and Larry Locke. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 981545. John Doe, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Cir- cuit denied.

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798 MONDAY, MAY 17, 1999 No. 981549. Ronald Harrison, Representative of the Estate of Rob- ert Ball, et al., Petitioners v. Nevada Industrial Insurance System. Pe- tition for writ of certiorari to the Supreme Court of Nevada denied. No. 981552. In Re Patrick Anene Egbune, Petitioner. Petition for writ of certiorari to the Supreme Court of Colorado denied. No. 981557. Samad Salehpour, Petitioner v. University of Tennes- see, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 981563. Raymond S. Kaplan, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981573. Farmers Insurance Exchange, Petitioner v. Charles Theodore Denesha. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 981577. Thelma L. Roby, Petitioner v. Richard Danzig, Secre- tary of the Navy; and James R. Welcome, Petitioner v. Richard Danzig, Secretary of the Navy. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 981582. James O. Jaggers, Petitioner v. West Virginia Human Rights Commission and Ravenswood Aluminum Corporation. Petition for writ of certiorari to the Supreme Court of Appeals of West Vir- ginia denied. No. 981585. James Fuerst and Randy Ussery, Petitioners v. Dwayne Gray. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 981586. J. Michael Hill, Petitioner v. Michigan Attorney Griev- ance Commission. Petition for writ of certiorari to the Supreme Court of Michigan denied. No. 981587. Hendrick W. Haynes, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 981590. Anna Miller, Petitioner v. Togo West, Jr., Secretary of Veterans Affairs. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 981596. Charles William Ewing, Petitioner v. Disciplinary Counsel. Petition for writ of certiorari to the Supreme Court of Ohio denied.

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MONDAY, MAY 17, 1999 799 No. 981597. MarLinda Acea, Petitioner v. Automobile Club Insur- ance Association. Petition for writ of certiorari to the Court of Appeals of Michigan denied. No. 981598. Sam Rehder, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 981603. Robert M. Lathrop, et ux., Petitioners v. David Han- cok. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. No. 981610. Rosetta M. Soares, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 981611. Polmar Fisheries, Inc., Petitioner v. Susan Viola Hurlb- urt. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 981623. Raymond J. Azar, Petitioner v. Retirement Board of the Employees' Retirement System of Rhode Island. Petition for writ of certiorari to the Supreme Court of Rhode Island denied. No. 981629. Harvill E. Weller, Jr., et al., Petitioners v. DeLoitte & Touche. Petition for writ of certiorari to the Court of Appeals of Texas, Seventh District, denied. No. 981631. Robert W. Grine, II, et al., Petitioners v. William R. Coombs, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 981632. Joseph Baldwin Campbell, Petitioner v. Commissioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 981637. Robert Michael Dampts, Petitioner v. Arnold Holt, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 981647. James Scott Mann, Petitioner v. United States; and No. 981652. William M. Moore, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 981660. Glenn V. Ellis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 981668. Prisco Entines, Eleazar P. Andoque, and Olympia A. Saarenas, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

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800 MONDAY, MAY 17, 1999 No. 981669. Abdul Aziz, Petitioner v. University of Akron. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 981676. WWOR-TV, Inc., Petitioner v. Local 209, NABET- CWA, AFL-CIO. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 981678. Theodore Michael Brewster, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 981683. Damian P. Cleveland, 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. 981684. David L. Paul, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 987510. Orlando Cordia Hall, aka Lan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987589. Keljer King, Petitioner v. Dayton Poppell, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988016. Robert P. Clapper, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Carroll County, denied. No. 988044. Michael J. Regan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 988048. Willie James Pye, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. No. 988049. David Perkins, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. No. 988088. Willis Jay Barnes, 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. 988094. James E. Wood, Petitioner v. Idaho. Petition for writ of certiorari to the Supreme Court of Idaho denied.

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MONDAY, MAY 17, 1999 801 No. 988112. John Alan Bennett, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988121. George Russell Henry, Petitioner v. Georgia. Petition for writ of certiorari to the Supreme Court of Georgia denied. No. 988126. Bernardino Maldonado-Martinez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988378. William Hamilton Little, 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. 988380. Fred Pitts, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. No. 988392. Odis Crowell, Petitioner v. A. C. Newland, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988394. Michael Stidhum, 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. 988398. Carl Joseph Welcome, Petitioner v. Sue Hubbard, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988399. James Edward Williams, 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. 988401. Jules J. Walter, Petitioner v. Parsons Construction Services, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988402. Charles Underwood, Petitioner v. Meriwether County, Georgia, et al. Petition for writ of certiorari to the Court of Appeals of Georgia denied. No. 988407. Donald E. Smith, Petitioner v. Raymond Roberts, Superintendent, Mississippi State Penitentiary, et al. Petition for writ of certiorari to the Supreme Court of Mississippi denied. No. 988410. Ray L. Baker, Petitioner v. Workers' Compensation Appeal Board. Petition for writ of certiorari to the Supreme Court of Pennsylvania, Middle District, denied.

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802 MONDAY, MAY 17, 1999 No. 988411. Howard Vanzandt Williams, Petitioner v. David Stacks, et al.; Howard Vanzandt Williams, Petitioner v. Amparo Lopez, et al.; and Howard Vanzandt Williams, Petitioner v. D. McElvaney, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988412. James Larry Johnson, Petitioner v. Georgia Depart- ment of Revenue, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 988421. Jerry Osberry, Petitioner v. Edward C. Day, Jr., War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. No. 988425. Nathaniel Jackson, Petitioner v. Harry K. Russell, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988426. Franklin J. Loftis, 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. 988429. Michael LaFrance, Petitioner v. Robert Mitchell, Superintendent, Eastern Correctional Facility. Petition for writ of cer- tiorari to the United States Court of Appeals for the Second Circuit denied. No. 988430. Michael Keeling, aka Vincent Owens, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied. No. 988431. Darren M. Mueller, Petitioner v. Judy Smith, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 988432. Johnnie C. Bouie, 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. 988437. Maureen A. Traft, Petitioner v. American Threshold Industries, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988438. Olu S. Abidekun, Petitioner v. Mary Imogene Bassett Hospital. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 988444. Marjorie Patmon, Petitioner v. Oklahoma, et al. Peti- tion for writ of certiorari to the Supreme Court of Oklahoma denied.

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MONDAY, MAY 17, 1999 803 No. 988445. Raleigh Porter, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 988446. Rolando Perez, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Third Dis- trict, denied. No. 988450. Martha B. Gaunce, Petitioner v. Pierre H. DeVincentis, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. No. 988451. Anthony Grandison, Petitioner v. Maryland. Petition for writ of certiorari to the Circuit Court of Maryland, Somerset County, denied. No. 988454. Beau John Greene, Petitioner v. Arizona. Petition for writ of certiorari to the Supreme Court of Arizona denied. No. 988477. John Gillard, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Stark County, denied. No. 988479. Roger L. Lyle, Petitioner v. Hazel Brazil. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988481. William La Tourette, Petitioner v. Supreme Court of New Jersey. Petition for writ of certiorari to the Supreme Court of New Jersey denied. No. 988483. David Lee Carr, Petitioner v. Nicholas Hun, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988488. Lonnie Bobo, Sr., Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Second District, denied. No. 988491. Everard Genius, Petitioner v. Timothy Hall, Superin- tendent, Massachusetts Correctional Institution at Lancaster. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 988495. Robert Friedland, Petitioner v. New Jersey Depart- ment of Corrections. Petition for writ of certiorari to the Supreme Court of New Jersey denied. No. 988496. Gene Edward Howland, Petitioner v. T. J. Medart, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988498. Michael Kevin Eustace, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division.

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804 MONDAY, MAY 17, 1999 Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988499. Michael Kevin Eustace, 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. 988501. Kurby Gerald Decker, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 988502. Arzolia C. Goines, Petitioner v. Tim Hutchison, Sheriff, Knox County, Tennessee, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988506. Robert D. Freeman, Petitioner v. Steve Shayne, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988512. Roxanne Suleski, Petitioner v. Kentucky; and No. 988632. Thomas Suleski, Petitioner v. Kentucky. Petitions for writs of certiorari to the Supreme Court of Kentucky denied. No. 988517. H. L. Watkins, Jr., 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. 988519. Rickey White, Petitioner v. Gary E. Gibson, Warden, et al. Petition for writ of certiorari to the Supreme Court of Okla- homa denied. No. 988523. Billy Roy Tyler, Petitioner v. Frank X. Hopkins, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 988524. Dorsie Northard, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied. No. 988530. Ernest Sam Kojo-Kwarteng, Petitioner v. Washington University, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 988532. Francis J. Murray, Petitioner v. HRS/State of Florida, et al. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 988534. Walter Cruz, Sr., 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, MAY 17, 1999 805 No. 988535. Benjamin Gyadu, Petitioner v. Workers' Compensation Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 988536. Benjamin Gyadu, Petitioner v. D'Addario Industries, et al. Petition for writ of certiorari to the Appellate Court of Connecti- cut denied. No. 988539. Atiya Hashim, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 988542. Paul Davila, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied. No. 988547. Ronald Paniagua, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appel- late District, denied. No. 988548. Donald Sherman, Petitioner v. Nevada. Petition for writ of certiorari to the Supreme Court of Nevada denied. No. 988549. K. Kay Shearin, Petitioner v. Board on Professional Responsibility of the Supreme Court of Delaware. Petition for writ of certiorari to the Supreme Court of Delaware denied. No. 988554. Nwabueze V. Okocha, Petitioner v. Cuyahoga County Bar Association. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 988572. Fredrick Bell, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied. No. 988577. Kenneth P. Brooks, Petitioner v. Martin Marietta Util- ity Services, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988599. Mel M. Marin, Petitioner v. Supreme Court of Ohio, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988612. James A. Andrews, Petitioner v. Charles Lambert, Di- rector, Consumer and Fiduciary Compliance Division, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 988638. Ignacio Alberto Ortiz, Petitioner v. Terry L. Stewart, Director, Arizona Department of Corrections. Petition for writ of cer- tiorari to the United States Court of Appeals for the Ninth Circuit denied.

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806 MONDAY, MAY 17, 1999 No. 988639. Mitchell Harris, Petitioner v. E. K. McDaniel, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988641. Jose R. Alvarez-Fonseca, Petitioner v. Pepsi Cola of Puerto Rico Bottling Company. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 988642. Luis Gonzalez, 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. 988646. Cleve Ginn, Petitioner v. Ohio. Petition for writ of cer- tiorari to the Court of Appeals of Ohio, Hamilton County, denied. No. 988655. Larry David Corbin, Petitioner v. Ernie Roe, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988670. Joel A. Buzzard, Petitioner v. John D. Morgan, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988672. Moshe Perelman, Petitioner v. Janet Reno, Attorney General, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988693. John Robert West, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Second District, denied. No. 988701. Jimmy Horace Oakley, Petitioner v. Mary Stuart Rus- sell. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. No. 988704. Daniel Ried, Petitioner v. Joseph W. Chesney, Superin- tendent, State Correctional Institution at Frackville. Petition for writ of certiorari to the United States Court of Appeals for the Third Cir- cuit denied. No. 988705. Freddie Robinson, Petitioner v. Johnny Sikes, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 988708. Michael Dee Johnson, Petitioner v. Cal Terhune, Direc- tor, California Department of Corrections. Petition for writ of certio- rari to the United States Court of Appeals for the Ninth Circuit denied.

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MONDAY, MAY 17, 1999 807 No. 988710. Frederick G. Jensen, Petitioner v. William K. Suter, Clerk, Supreme Court of the United States. Petition for writ of certio- rari to the United States Court of Appeals for the Ninth Circuit denied. No. 988719. Ronald Cyr, Petitioner v. Vermont. Petition for writ of certiorari to the Supreme Court of Vermont denied. No. 988737. Ernest Melendez, 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. 988739. Wayne Owan, Petitioner v. George Galaza, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988740. David McIntosh, 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. 988747. Mark P. Donaldson, Petitioner v. Family Independence Agency. Petition for writ of certiorari to the Court of Appeals of Michi- gan denied. No. 988748. Mark P. Donaldson, Petitioner v. Family Independence Agency. Petition for writ of certiorari to the Court of Appeals of Michi- gan denied. No. 988752. Robert Edwards, Petitioner v. Gene Franchini, et al. Petition for writ of certiorari to the Court of Appeals of New Mexico denied. No. 988756. William F. Depree, Petitioner v. Library of Congress. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 988791. David Junior Ward, Petitioner v. James B. French, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988814. Derek Mitchell Bailey, 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. 988815. James Cruz, 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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808 MONDAY, MAY 17, 1999 No. 988826. Jerome E. Allamby, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 988835. Harry M. Hibbetts, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 988837. Michael Hughes, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 988844. Otis L. McClellan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 988848. Hubert Jackson, Petitioner v. Warden White, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 988849. Herschel E. Seifert, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 988850. Mark Anthony Pugh, 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. 988854. Dennis R. Means, 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. 988864. Kevin Lee Wilson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988871. Mark P. Donaldson, Petitioner v. Michigan. Petition for writ of certiorari to the Court of Appeals of Michigan denied. No. 988876. Bonnie Lee Daye, Petitioner v. Anthony M. Brannon. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988877. Ranjit Singh Gill, Petitioner v. New York State Board of Law Examiners. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 988885. Miguel Mireles-Anzures, 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, MAY 17, 1999 809 No. 988888. Gene A. Willis, Petitioner v. Lathrop Construction As- sociates, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988889. Alvin Thomas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 988891. Terrence M. Brown, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 988895. Leroy Cotton, Petitioner v. David Larkins, 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. 988898. Norberto B. Luna, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988900. Weimin Wu, Petitioner v. United States District Court for the Northern District of Indiana. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 988901. Jose W. Yepez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988902. Sullivan Ross Chaney, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 988908. Scott Lee Tinsley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988909. Richard A. Warren, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988912. Thomas Condon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 988913. Jose Santiago Chavez, 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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810 MONDAY, MAY 17, 1999 No. 988914. Ken Biegeleisen, Petitioner v. Mary Ross, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 988915. Milton Lewis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988917. Michael Johnson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 988921. Clement Abandy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 988922. Gregory Coleman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988939. William M. Bailey, Petitioner v. Maryland. Petition for writ of certiorari to the Court of Appeals of Maryland denied. No. 988940. Bill Gaede, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988941. James Edwards, aka Jimmy James Edwards, Peti- tioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 988943. Bruce Everett Harrod, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988944. Jerry L. Green, aka Butch, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 988946. Jerry S. Helton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988951. Smithy E. Dunbar, Petitioner v. Georgia Personnel Board, et al. Petition for writ of certiorari to the Supreme Court of Georgia denied. No. 988954. Herbert Lamar Biggins, 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, MAY 17, 1999 811 No. 989008. Maynard Nuckols, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Wayne County, denied. No. 981466. Thomas Page, Warden, Petitioner v. Jerry Mahaffey. 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. 981501. Conlon Group, Inc., Petitioner v. City of St. Louis. Mo- tion of International Council of Shopping Centers, Inc., for leave to file a brief as amicus curiae granted. Petition for writ of certiorari to the Court of Appeals of Missouri, Eastern District, denied.

Mandamus Denied No. 981443. In Re Donald Edgar Johnson, Petitioner; and No. 988681. In Re Charles Bruce Nabors and Craig Scott Keltner, Petitioners. Petitions for writs of mandamus denied.

Prohibition Denied No. 988594. In Re Antonneo R. Boyce, Petitioner. Petition for writ of prohibition denied.

Rehearings Denied No. 981044. Chi-Ming Chow, Petitioner v. Van Buren Township, et al.; No. 981237. Abd El-Hamid A. El-Fadly, Petitioner v. City of Los Angeles, et al.; No. 981262. Lombard Corporation, Petitioner v. Marcus E. Collins, Commissioner, Georgia Department of Revenue, et al.; No. 981292. Forest Commodities Corporation and Peeples Indus- tries, Inc., Petitioners v. Construction Aggregates, Ltd.; No. 987169. Jacqueline Carr, Petitioner v. Louisiana; No. 987189. Robert Tedder, Petitioner v. Alabama; No. 987210. Robert E. Prunty, Petitioner v. Ohio; No. 987370. Hector Rodriguez-Pena, Petitioner v. United States; No. 987553. Donald Allen Jones, Petitioner v. South Carolina; No. 987638. Daniel Patrick Rawlins, Petitioner v. Court of Appeals of Arizona, Division One; No. 987656. Ronal J. Kiskila and Donna E. Kiskila, Petitioners v. Eileen L. McConnell, et al.; No. 987697. Hearold Lacy, Petitioner v. Ameritech Mobile Commu- nications, Inc.;

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812 MONDAY, MAY 17, 1999 No. 987701. Ihor Chandrycki Jason, Petitioner v. Seattle Univer- sity, et al.; No. 987731. In Re Jonathan Ainsworth, Petitioner; No. 987748. Anthony M. Esparza, Petitioner v. Deputy Warden Trijjilo; No. 987780. In Re Willard Lintz, Petitioner; No. 987855. Lawrence M. Harrison, aka Lawrence S. Iorizzo, aka Sal, Petitioner v. United States; and No. 987880. Michael A. Cooks, Petitioner v. Louisiana. Petitions for rehearing denied.

Attorney Discipline No. D2022. In the Matter of Disbarment of Kent Wayne Jackson. Disbarment order entered. No. D2034. In the Matter of Disbarment of F. Allen Tew. Disbar- ment order entered. No. D2036. In the Matter of Disbarment of Sanford I. Atkin. Dis- barment order entered. No. D2041. In the Matter of Disbarment of Lawrence Paul Man- ning. Disbarment order entered. No. D2049. In the Matter of Disbarment of Charles A. McGee. Dis- barment order entered. No. D2052. In the Matter of Disbarment of Jeffrey Lynn Baxter. Disbarment order entered. No. D2071. In the Matter of Disbarment of Norris D. Woolfork, III. Norris D. Woolfork, III, of Orlando, 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. D2072. In the Matter of Disbarment of Theodore D. Wilson. Theodore D. Wilson, of Indianapolis, Indiana, 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, May 17, 1999, until Mon- day, May 24, 1999.

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MONDAY, MAY 17, 1999 813 Admissions to the Bar on Written Motions Applicant City and State Movant

Douglas Wharton Austin, TX Stephen E. Alexander McConnico Christopher Allen Antcliff El Paso, TX Thomas E. Stanton Richard E. Archibald Sacramento, CA Samuel Lloyd Jackson Scott E. Axline Blackfoot, ID Michael Dana Axline D. Randal Ayers Raleigh, NC James Donald Myers Bobby Dale Barina Killeen, TX Harry John Barina, Jr. Steven Lawrence Baron Chicago, IL Dean Arthur Dickie Monica Doreen Beerling Phoenix, AZ David C. Lewis Jill Elaine Bliss Seattle, WA Thomas William Malone Robert E. Bogan Columbia, SC Donald John Zelenka Jill Diane Bowman Seattle, WA Stevan David Phillips Surell Brady Baltimore, MD Stanley S. Herr Richard Broderick Wilmette, IL H. James Starr Robert Gaynor Cain Burlington, VT Joseph Elihu Frank Donald Edward Cameron New York, NY Robert Alvar Carter William Patrick Carnazzo Sacramento, CA Samuel Lloyd Jackson John Adams Christiansen Blue Springs, MO William A. Piedimonte Frank Louis Cikutovich Spokane, WA Patrick K. Stiley Ruth Paterson Clements West Palm Beach, Kelley H. FL Armitage Thomas Joseph Cone New York, NY George E. Cone R. Peter Connell Manasquan, NJ George W. Connell

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814 MONDAY, MAY 17, 1999

Applicant City and State Movant David D. Cookson Lincoln, NE Donald B. Stenberg, Sr. William Peter Copetas Pittsburgh, PA Christopher Rulis Mary Agnes Hood Craig Charleston, SC Robert H. Hood Michael Patrick Dandini New York, NY Paul Anthony Lange Terry K. Davis Santa Ana, CA James H. Casello Laurence R. DeBuys, IV New Orleans, LA Kevin J. LaVie Laura M. Dilimetin New York, NY Anthony K. Dilimetin Halbert E. Dockins, Jr. Jackson, MS Deborah A. McDonald Clifton F. Douglass, III San Antonio, TX Oliver Samuel Heard, Jr. Jane G. Ebisch Golden, CO B. Lawrence Theis Carol L. Edward Seattle, WA Daniel Mark Kowalski Stefani Silverberg Dallas, TX Maxel Burton Eisenstat Silverberg Terry L. English Bloomington, IN Don M. Robertson John Daniel Epps Richmond, VA David Craig Landin Hillary Chassen Ervin Tallahassee, FL Robert M. Ervin Marjorie Ruth Esman New Orleans, LA Patrick Hannon Patrick Shana Susan Faber Sacramento, CA Samuel Lloyd Jackson George C. Fisher Palo Alto, CA Craig S. Ritchey Harvey Richard Friedman Los Angeles, CA Sidney J. Machtinger Steven L. Friedman Granada Hills, CA George Sassoon Aaron Suzanna Glover-Ettrich Omaha, NE Melanie J. Whittamore-Mantzios Joseph W. Grant Omaha, NE John T. Grant Laura Ann Griffin Ponte Vedra James E. Beach, FL McCarthy Roberto Miguel Gutierrez Miami, FL Blanca Bianchi de la Torre

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MONDAY, MAY 17, 1999 815

Applicant City and State Movant Garrett Lee Hanken Los Angeles, CA Sidney J. Machtinger Scott A. Higbee Minneapolis, MN John G. Engberg Jean D. Hops Idaho Falls, ID Willis Walker Craig E. Hunsaker Idaho Falls, ID Willis Walker Peter A. C. Ivy Chaska, MN Richard Duane Hodsdon David Allan Kays Palo Alto, CA Craig S. Ritchey Jodie Lyn Kelley Washington, DC Scott Alan Sinder John M. Kennelly River Forest, IL Armand Lavalle Andry Warren Kent Khtikian San Francisco, CA Nicholas de B. Katzenbach Alan D. Kirsch Idaho Falls, ID Willis Walker Eric M. Kraus New York, NY Michael H. Bernstein Anna M. Laurie Bremerton, WA J. Larry Paulson Kurt E. Lee Sarasota, FL Anthony J. Abate Michael Neil Lloyd Chicago, IL Roger Pascal Dennis A. Love Idaho Falls, ID Willis Walker Martha Corcoran Luemers Palo Alto, CA Craig S. Ritchey John D. Lynn St. Louis, MO David J. Newburger Derek W. Madel Spokane, WA Patrick K. Stiley Michael Adrian Mark Liberty, TX George McCall Secrest, Jr. Catherine Marie Masters Chicago, IL James A. Clark Kurt W. Meaders Dallas, TX James Knox Peden, III Elizabeth Nell Miller Austin, TX Martin Lewis Allday David A. Nicholas Boston, MA David Hofstetter James Wesley Nubel Omaha, NE John P. Fahey John R. Osgood Lee's Summit, MO Cenobio Lozano, Jr. M. Janet Palmer Richmond, VA Oliver W. Hill, Sr. Peter G. Pappas Greensboro, NC Daniel Watson Fouts Robert Allan Paul Burlington, VT Joseph Elihu Frank

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816 MONDAY, MAY 17, 1999

Applicant City and State Movant Maria Lara Peet Fort Myers, FL Raymond Thomas Elligett, Jr. Louis A. Perez, Jr. Philadelphia, PA Edward Cohen G. Mark Phillips Charleston, SC Robert H. Hood Julie Hohbach Piper Idaho Falls, ID Willis Walker Joan Marie Quade Minneapolis, MN Richard A. Merrill Edward E. Renshaw Carbondale, IL John C. Ryan Candido Rodriguez, Jr. Elizabeth, NJ Alberto Ulloa Michael M. Rosenbaum Short Hills, NJ Donald P. Jacobs William E. Ruane Media, PA Patrick John Connors Kathleen Eleanor Scheg Rochester, NY John F. Banzhaf, III Kenneth P. Silverman Garden City, NY Jack B. Friedman Joy R. Simon New York, NY Thomas Michael Laquercia Gordon Walter Sivley Seattle, WA Diane Geiger Libby Kaighn Smith, Jr. Portland, ME Hugh George Edward MacMahon Stephen Jackson Soule Burlington, VT Alan David Port Karen Lee Starke Richmond, VA Thomas Wolf Mark T. Starkman Somers, NY Milton Mark Kreppel Paul Stern Brunswick, ME Andrew Ketterer Malcolm Peter Terry Minneapolis, MN Richard A. Merrill John Simmons Trimper West Palm Beach, Sidney A. Stubbs, FL Jr. Brian L. Utzman Rapid City, SD Alan Lloyd Smoot Diane Wise Vaughan Little Silver, NJ Ellen T. Wry Anthony Joseph Vegh Cleveland, OH John Snowden Pyle Roberto Villasante Miami, FL Claire Bryant Ford Timothy L. Warnock Nashville, TN Jay Scott Bowen Jane Marie Noemie Webre Austin, TX Stephen E. McConnico

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MONDAY, MAY 17, 1999 817

Applicant City and State Movant Carol Ann Weiss Chicago, IL Darryl Lawrence DePriest Bradley Daniel Wilkinson Jackson, MS Bobby Ray Long Joseph C. Wilson, IV Charleston, SC Robert H. Hood Jack Wurgaft Springfield, NJ Kenneth Stuart Javerbaum Katherine Kilkeary Yunker Lexington, KY James Park, Jr. Jules Solomon Zeman Los Angeles, CA Roy G. Weatherup Paul J. Zidlicky Washington, DC Honorable William H. Rehnquist, Chief Justice of the United States Opinions

No. 98470. Ruhrgas AG, Petitioner v. Marathon Oil Company, 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. No. 9885. James B. Hunt, Jr., Governor of North Carolina, et al., Appellants v. Martin Cromartie, et al. On appeal from the United States District Court for the Eastern District of North Carolina. Judg- ment reversed, and case remanded to the United States District Court for the Eastern District of North Carolina for further proceedings in conformity with the opinion of this Court. Opinion by Justice Thomas. Opinion by Justice Stevens, with whom Justice Souter, Justice Gins- burg, and Justice Breyer join, concurring in the judgment. No. 98223. Florida, Petitioner v. Tyvessel Tyvorus White. On writ of certiorari to the Supreme Court of Florida. Judgment reversed, and case remanded to the Supreme Court of Florida for further proceed- ings not inconsistent with the opinion of this Court. Opinion by Justice Thomas. Concurring opinion by Justice Souter, with whom Justice Breyer joins. Dissenting opinion by Justice Stevens, with whom Justice Ginsburg join. No. 98347. William J. Clinton, President of the United States, et al., Petitioners v. James T. Goldsmith. On writ of certiorari to the

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818 MONDAY, MAY 17, 1999 United States Court of Appeals for the Armed Forces. Judgment re- versed, and case remanded to the United States Court of Appeals for the Armed Forces for further proceedings in conformity with the opin- ion of this Court. Opinion by Justice Souter. No. 9897. Rita L. Saenz, Director, California Department of Social Services, et al., Petitioners v. Brenda Roe and Anna Doe, etc. On writ of certiorari to the United States Court of Appeals for the Ninth Cir- cuit. Judgment affirmed. Opinion by Justice Stevens. Dissenting opin- ion by The Chief Justice, with whom Justice Thomas joins. Dissenting opinion by Justice Thomas, with whom The Chief Justice joins.

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

James H. Andreasen Algona, IA Francis John Lorson Franklin S. Adler Beverly Hills, CA Francis John Lorson Francis Michael Drelling Lake Forest, CA Philip D. Brady George P. Generas, Jr. Hartford, CT Michael L. Roy Jay D. Miller Towson, MD John J. Kenny Martha A. Rose Lancaster, OH Herbert N. Harmon Robert J. Trizna Chicago, IL Sharon Lynne Babbin Scott Allen Larrick Chesterland, OH Stephen C. LaTourette Dale F. Brown Painesville, OH Stephen C. LaTourette Margaret Susan Campbell Painesville, OH Stephen C. LaTourette Heather M. L. Cockley Mansfield, OH Stephen C. LaTourette Patrice Fehr Denman Painesville, OH Stephen C. LaTourette Sandra A. Dray Painesville, OH Stephen C. LaTourette Spiros E. Gonakis Euclid, OH Stephen C. LaTourette Thomas R. Gorman Cleveland Stephen C. Heights, OH LaTourette

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MONDAY, MAY 17, 1999 819

Applicant City and State Movant Wayne Stanley Kriynovich Cleveland, OH Stephen C. LaTourette Karen D. Lawson Painesville, OH Stephen C. LaTourette Patricia Diane Lazich Warren, OH Stephen C. LaTourette Dale Earl Lefferts Wickliffe, OH Stephen C. LaTourette Susan Denman Lerner Mentor, OH Stephen C. LaTourette Michael J. Lerner Mentor, OH Stephen C. LaTourette Cynthia Dellis Lowenkamp Richmond Stephen C. Heights, OH LaTourette Francis Patrick Manning Willoughby, OH Stephen C. LaTourette Karen Teresa Manning Willoughby, OH Stephen C. LaTourette Katica Markulin Cleveland, OH Stephen C. LaTourette Thomas Jeffrey Mayernik Eastlake, OH Stephen C. LaTourette Eileen Noon Miller Mentor, OH Stephen C. LaTourette Robert Harry Myers, Jr. Painesville, OH Stephen C. LaTourette James Robert O'Leary Mentor, OH Stephen C. LaTourette Colleen Mary O'Toole Cleveland, OH Stephen C. LaTourette Edward C. Powers Painesville, OH Stephen C. LaTourette Howard S. Rabb Cleveland, OH Stephen C. LaTourette Elizabeth Anne Stein Gates Mills, OH Stephen C. LaTourette Kirsti Shala Talikka Painesville, OH Stephen C. LaTourette Bartley John Troy Cleveland, OH Stephen C. LaTourette

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820 MONDAY, MAY 17, 1999

Applicant City and State Movant Karl Robert Wetzel Cleveland, OH Stephen C. LaTourette Leslie Joy Altman Roslyn Heights, Joel Kenneth NY Asarch Susan Lynn Bender Garden City, NY Joel Kenneth Asarch Robert A. Carpentier Mineola, NY Joel Kenneth Asarch Avi D. Caspi Brooklyn, NY Joel Kenneth Asarch Natale A. Cerniglia Rockville Centre, Joel Kenneth NY Asarch Christopher C. Curran Glen Cove, NY Joel Kenneth Asarch Toby Susan DeSimone Garden City, NY Joel Kenneth Asarch John R. Dietz Jericho, NY Joel Kenneth Asarch Norman Feiden Lawrence, NY Joel Kenneth Asarch Melissa Grace Franco Freeport, NY Joel Kenneth Asarch Ralph P. Franco, Jr. Freeport, NY Joel Kenneth Asarch Marilyn Kalenscher Genoa Old Brookville, Joel Kenneth NY Asarch Nancy Ellen Gianakos Garden City, NY Joel Kenneth Asarch Gerard Giuliano Levittown, NY Joel Kenneth Asarch Dorothy Mary Going Long Beach, NY Joel Kenneth Asarch Francisco Gonzalez Garden City Joel Kenneth South, NY Asarch Kathryn C. Hoefer Rockville Centre, Joel Kenneth NY Asarch James J. Keefe, Jr. Garden City, NY Joel Kenneth Asarch Corey Eben Klein Long Beach, CA Joel Kenneth Asarch

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MONDAY, MAY 17, 1999 821

Applicant City and State Movant John Andrew Maher New York, NY Joel Kenneth Asarch Anthony P. Marchesi Garden City, NY Joel Kenneth Asarch John Anthony McManus New York, NY Joel Kenneth Asarch K. Yasmin Mullings New York, NY Joel Kenneth Asarch Raymond Nardo Mineola, NY Joel Kenneth Asarch Elizabeth Dalal Pessala Westbury, NY Joel Kenneth Asarch Joseph Anthony Ragno Brooklyn, NY Joel Kenneth Asarch Donald T. Rave, Jr. Locust Valley, NY Joel Kenneth Asarch Ellin M. Regis New York, NY Joel Kenneth Asarch Anne Patrice Richter New York, NY Joel Kenneth Asarch Mary Jane C. Sabino Manhasset, NY Joel Kenneth Asarch Anthony Michael Sabino Manhasset, NY Joel Kenneth Asarch Thomas Gilbert Sherwood East Rockaway, Joel Kenneth NY Asarch Andrew Martin Thaler Garden City, NY Joel Kenneth Asarch Carolyn Reinach Wolf Great Neck, NY Joel Kenneth Asarch Peter J. Ausili Ridge, NY Barry Mark Smolowitz Robert Charles Baxter New York, NY Barry Mark Smolowitz Charles Edward Berg Huntington, NY Barry Mark Smolowitz Catherine Ann Christian New York, NY Barry Mark Smolowitz Linda Marie Dieterich Riverhead, NY Barry Mark Smolowitz

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822 MONDAY, MAY 17, 1999

Applicant City and State Movant Kinnet McSweeney Ehring East Hampton, Barry Mark NY Smolowitz Joseph Brian Fazio Coram, NY Barry Mark Smolowitz Peter Jarrod Graff Brentwood, NY Barry Mark Smolowitz Kevin Hernandez Bay Shore, NY Barry Mark Smolowitz Scott Michael Karson Stony Brook, NY Barry Mark Smolowitz Linda Tennen Kushner Northport, NY Barry Mark Smolowitz Anne Veronica Malone New York, NY Barry Mark Smolowitz Michael F. Maloney Southampton, NY Barry Mark Smolowitz Rosaria Carmen Matty South Setauket, Barry Mark NY Smolowitz Bruce J. McAlpine Bay Shore, NY Barry Mark Smolowitz Erin Kate McCabe Sayville, NY Barry Mark Smolowitz Scott Michael Mishkin Islandia, NY Barry Mark Smolowitz Patrick J. Morganelli Huntington, NY Barry Mark Smolowitz Daniel James Murphy Riverhead, NY Barry Mark Smolowitz Marylou Anne Paolucci Smithtown, NY Barry Mark Smolowitz Steven A. Pilewski Smithtown, NY Barry Mark Smolowitz Sheryl L. Randazzo Huntington, NY Barry Mark Smolowitz Ralph Michael Randazzo Washington, DC Barry Mark Smolowitz Bruce H. Seger Commack, NY Barry Mark Smolowitz Arthur Elliot Shulman Smithtown, NY Barry Mark Smolowitz

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MONDAY, MAY 17, 1999 823

Applicant City and State Movant Rosemarie Tully Islandia, NY Barry Mark Smolowitz Steven Weissbard Setauket, NY Barry Mark Smolowitz Lee Wiedl Hauppauge, NY Barry Mark Smolowitz

Adjourned until Monday, May 24, 1999, at 10 o'clock.

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(JOURNAL) TUESDAY, MAY 18, 1999 825 SUPREME COURT OF THE UNITED STATES

Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, and Justice Ginsburg. 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 Lewis F. Powell, Jr. "The Court recognizes the Solicitor General. The Solicitor General 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 Powell 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"

"Born in 1907, Lewis Powell was raised in Richmond, Virginia. He attended college and law school at Washington and Lee University, and practiced law in Richmond for nearly 40 years, becoming the city's premier attorney and one of its foremost citizens. Much of the time he spent building a corporate practice, but to an astonishing degree he also dedicated himself to public service. "When the United States entered the Second World War, Lewis Powell was too old to be drafted and he had at least three good reasons not to volunteer. A loving wife and two beautiful daughters. But as Lewis told Jo, `I never could have looked my children in the face if I had ducked this responsibility.' And Lewis Powell never ducked any responsibility. "The Bar resolution details his extraordinary war service including his critical work as a member of the Special Branch. When the war ended, he returned home as a full colonel, with chest full of decorations. There was no part of his career of which Lewis Powell was more proud. "Back home, he renewed the process of building a law practice, and attending, pro bono, to the legal needs of many organizations in his community. He became known as the leading `free' lawyer in Richmond. By far the most important-and controversial-of his public activities was his stewardship of the Richmond public schools. Lewis Powell was

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826 TUESDAY, MAY 18, 1999 the chairman of the School Board when this Court announced its land- mark decision in Brown v. Board of Education. Today, no other deci- sion in this Court is more secure in moral standing or public esteem. But in 1956, Senator Byrd, the acknowledged leader of Virginia politics, called for `massive resistance.' Virginia's governor-elect vowed to: `Dedicate our every capacity to preserve segregation in the schools.' The State prepared to shut down public schools altogether rather than allow black and white children to sit together. "It was Lewis Powell's fate to confront the hysteria of massive re- sistance in the capital of the old Confederacy. Publicly he said nothing, but behind the scenes he fought hard to keep the schools open. When he stepped down from the School Board, integration had begun. Critics complained about the pace of progress, but the schools had been kept open. "In 1964, Lewis Powell became President of the American Bar Asso- ciation, where he made three lasting accomplishments. He began a proj- ect that produced the new Code of Professional Responsibility. He com- menced a comprehensive study of standards for the administration of criminal justice. And he called for a dramatic expansion of legal serv- ices for the poor-a proposal that led to the birth of the Legal Serv- ices Program. "He also became an increasingly prominent voice on crime, insisting on the rule of law, criticizing civil disobedience from the left and the right, and reminding everyone that the first duty of government is `to protect citizens in their persons and property from criminal conduct- whatever its source or cause.' As a member of President Johnson's Commission on Law Enforcement and the Administration of Justice, he expressed his personal views in a `Supplemental Statement' to the Commission's report, establishing himself as a respectful, but unmis- takably conservative, critic of the Warren Court's criminal procedure decisions. "Three times Lewis Powell declined invitations to be considered for nomination to the Supreme Court, citing his age and a concern that his nomination might provoke divisive opposition. Only when President Nixon personally called and invoked his duty to the nation, did Lewis Powell acquiesce. "During his 15 years on this Court, Justice Powell found himself at the political center. Often, his was the decisive voice-the voice of a thoughtful moderate, steadfast in firm convictions but respectful of compromise, mindful of context, and distrustful of sweeping generalization.

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TUESDAY, MAY 18, 1999 827 "The resolution addresses three areas, abortion, affirmative action, and capital punishment that revealed Justice Powell's exceptional im- pact on the development of American Constitutional Law. In each he sought to bring his understanding of constitutional principles and con- stitutional precedents, and his instinct for a middle course, to bear on deeply difficult questions that continue to divide this country. "Justice Powell was in the majority in Roe v. Wade, and in every other abortion decision during his tenure. On the one hand, he stead- fastly supported Roe against challenges and limitations, including at- tempts to require a parent's or husband's consent. But, on the other he upheld laws requiring an unmarried minor to notify her parents, and he consistently refused to order public funding abortion. Perhaps, more than those of any other, Justice Powell's votes determined the scope of the constitutional right to abortion. "So also with affirmative action. In the famous Bakke decision, Jus- tice Powell made a `majority of one' to tolerate racial preferences in higher education but only as a temporary and contested deviation from the ideal of color-blindness. Four Justices were prepared to allow mi- nority preferences more or less without limitation, and four others in- terpreted a federal statute to disallow them more or less without ex- ception. Justice Powell cast the deciding vote in both directions. On the one hand, he thought it necessary that affirmative steps be permit- ted to overcome America's long history of racial oppression. On the other hand, he feared the entrenchment of a racial and ethnic spoils system that would prove permanently durable and socially divisive. Characteristically, Justice Powell sought a middle course. He tried to permit racial preferences without conceding their future, to authorize such objections while preserving the grounds of objection to them. "The middle ground staked out in Bakke was filled by 13 additional affirmative action decisions during his tenure. In all of them, Justice Powell was in the majority. In all of them, he struck a delicate balance. Both sides owe something to the lonely wisdom of Lewis Powell. "Furman v. Georgia was argued only 10 days after Justice Powell took his seat on this Court. His forceful dissent argued that the death penalty should be upheld. When a majority of the Justices nevertheless determined to strike down existing laws, 35 States promptly enacted new ones, and 17 made death mandatory for certain broad classes of homicide. "In 1976, the Court heard five cases addressing a representative sample of the new statutes. Four Justices voted to uphold all the stat- utes; two voted to strike them all down. The balance of power rested

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828 TUESDAY, MAY 18, 1999 with Justices Stewart, Powell, and Stevens, who issued a joint opinion inaugurating the constitutional regime that has continued until today. "Abortion, affirmative action, and captial punishment remain deeply divisive and controversial. Perhaps many would not unreservedly en- dorse Justice Powell's position on all three questions, but we are united in our respect and admiration for the man who produced them. "His perspective was grounded in the realism of practical experience and leavened by the decency, magnanimity, and dedication he brought to his Office. "Wherefore, it is accordingly "RESOLVED that we, as representative members of the Bar of the Supreme Court of the United States, express our admiration and re- spect for Justice Lewis F. Powell, Jr., our sadness at his death, and our condolences to his family, 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 records." The Chief Justice said: "The Court recognizes the Attorney General of the United States." Attorney General Reno addressed the Court as follows: "Mr. Chief Justice and may it please the Court: "Although his courtly manners and quiet confidence would lead oth- ers to think of him as a patrician, Lewis Powell was not born to wealth. His father worked hard as a manager in a series of businesses when he was a child, and provided opportunities to Lewis, Jr., that he himself had not had. As a schoolboy, Lewis Powell received an award for per- sonal integrity, an honor that would repeatedly be re-won in respect others had for him throughout his life. "The Solicitor General has already described portions of the Bar resolution that detail Lewis Powell's splendid reputation at the Bar and his tireless efforts in public service of all kinds-including his chairmanship of the Richmond School Board during a time of unpara- lled challenge; his lasting initiatives as President of the American Bar Association; and his exceptional service to this country in World War II. Each of these voluntary efforts would be reason enough for the country to extol the memory of Lewis Powell. "It is also fitting, I think, to mention that he also held the highest offices of the American Bar Association and the American College of Trial Lawyers. He served, as the Solicitor General has noted, as a member of President Johnson's Commission on Law Enforcement and the Administration of Justice, President Nixon's Blue Ribbon Defense

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TUESDAY, MAY 18, 1999 829 Panel, the National Advisory Committee on Legal Services to the Poor, the Virginia Constitutional Revision Commission, the Board of Trust- ees of Washington and Lee University, and the Colonial Williamsburg Foundation. "It is fair to say that Lewis Powell, the Supreme Court Justice drew deeply from the experience of Lewis Powell, the attorney. He brought a cautious and highly sophisticated pragmatism to the Court, and a distrust of doctrinaire prescriptions for complex problems. He charac- teristically focused on the facts of the case before the Court, striving to do justice in that case as well as fashion rules of general applicability to govern other, similar circumstances. When occasionally the effort to achieve a just result on the given facts implied creation of a new rule of uncertain consequences, Justice Powell strove to do justice in the case while endeavoring to limit the breadth of the Court's decision. The informed `balancing' of competing interests became his hallmark as a Justice. Particularly on the great issues that tended to divide the country, Justice Powell's capacity to find important elements of truth and justice on each side of the controversy became a powerful source of reconciliation and healing. "From the time he joined the Court in January of 1972 until his retirement in June 1987, Justice Powell wrote more than 600 opinions, approximately half of them for the Court. Within a short time after his appointment, Justice Powell was writing some of the Court's most important opinions. In his very first Term, he wrote the Court's opinion in Kastigar v. United States, which established the ground rules for the modern application of the Fifth Amendment privilege against self- incrimination in the context of immunized testimony. "Also within months of his appointment, Justice Powell demon- strated his independence from the President who had appointed him by writing for the Court in United States v. United States District Court. In that case the Court rejected the government's assertion of an executive power to wiretap persons without judicial supervision in cases involving national security. But as his opinion for the Court in Dalia v. United States would later demonstrate, the use of a warrant- less entry to install eavesdropping equipment would not in and of itself give rise to a Fourth Amendment violation so long as th officers had received the approval of a judge for the wiretapping itself. "Another decision from his early years on the Court, Almedia- Sanchez v. United States would later develop into a series of Fourth Amendment decisions prescribing carefully nuanced rules to govern searches and seizures at the Nation's borders. Those decisions included

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830 TUESDAY, MAY 18, 1999 United States v. Brignoni-Ponce, United States v. Ortiz, and United States v. Martinez-Fuerte. A similarly balanced approach can be found in Justice Powell's opinions in a series of cases dealing with the scope of the exclusionary rule. "Justice Powell was an especially authoritative voice in cases involv- ing public education. In his second Term, he wrote the Court's decision in San Antonio Independent School District v. Rodriguez, holding that a publicly-funded education is not a fundamental right triggering strict scrutiny of the financial disparities that may exist between rich and poor school districts. Yet the deference in Rodriguez to local control of public education was counterbalanced a decade later by the Court's holding that a state law prohibiting the children of undocumented aliens from attending public school violated the Constitution. Justice Powell wrote in his concurring opinion in Plyler v. Doe, `The classifica- tion at issue deprives a group of children of the opportunity for educa- tion afforded all other children simply because they have been assigned a legal status due to a violation of law by their parents. These children, thus, have been singled out for a lifelong penalty and stigma. A legisla- tive classification that threatens the creation of an underclass of future citizens and residents cannot be reconciled with one of the fundamental purposes of the Fourteenth Amendment.' "Similarly, in a series of opinions under the Equal Protection Clause involving gender discrimination, Justice Powell applied mid-level scru- tiny with telling effect-resulting in the Court's invalidation of gender-based discrimination in the military, the ability of pregnant teachers to work, the dissemination of social security benefits, the sale of 3.2 beer, and the rules requiring consent for adoption by an unwed mother but not an unwed father. "Justice Powell will, of course, long be remembered for his eloquent opinion in the Bakke case, which struck down racial quotas but upheld the use of race as a factor in determining who will be admitted to a state professional school. His opinion, although not joining in its en- tirety by any other Justice, controlled the outcome of the case and serves to this day as a beacon for all who would seek to find construc- tive common ground on issues of profound divisiviness. "In many other areas of the law, Justice Powell's opinions for the court have left an enduring legacy. He was a leading voice in the Court's modern antitrust jurisprudence. His opinion in Batson v. Ken- tucky struck down the use of peremptory challenges to jurors on the basis of race. His opinion in Mathews v. Eldridge established the essen- tial rules of procedural due process that continue to determine the

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TUESDAY, MAY 18, 1999 831 constitutionality of governmental restrictions on a person's rights to liberty or property. His opinion in Village of Arlington Heights v. Met- ropolitan Housing Development Corporation made clear that while discriminatory impact alone is insufficient to establish a constitutional violation, an intent to discriminate is susceptible of proof in practical ways. And in Central Hudson Gas & Electric Company v. Public Serv- ice Commission, Justice Powell's opinion articulated the essential cri- teria for evaluating the validity of governmental restrictions on com- mercial speech. "There are many other areas in which Justice Powell's views helped to shape this Court's jurisprudence. For example, in 44 cases involving the Religion Clauses of the First Amendment, Justice Powell was in the majority 93 percent of the time-by far the highest percentage of any Justice with whom he served. As the Solicitor General has noted, in the abortion cases decided during his tenure, he was in the majority 100 percent of the time, from Roe v. Wade through Thornburgh v. American College of Obstetricians and Gynecologists, even as the con- tentious issues of consent, public funding, and state restrictions com- manded different majorities on the Court. "Lewis Powell recognized, in his many areas of endeavor, that indi- viduals can make a significant difference in this world. The attributes that marked his life journey are ones everyone can admire: his determi- nation in finding solutions to human problems, his unfailing courtesy to others, and his dedication to achieving results that helped diverse factions find common ground. "Mr. Chief Justice, on behalf of the lawyers of this Nation and partic- ularly the Bar of this Court, I respectfully request that the Resolutions presented to you be accepted by this 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 presentation today in memory of our late friend and colleague, Lewis Powell. "We also extend to Chairman John Jeffries and the members of the Committee on Resolutions, Chairman William Kelly and the members of the Arrangements Committee, and Assistant Attorney General Joel Klein, Chairman of today's meeting of the Supreme Court Bar, our appreciation for the Resolutions you have provided today. Your motion that they be made part of the permanent record of the Court is hereby granted.

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832 TUESDAY, MAY 18, 1999 "Lewis Powell was nominated to be an Associate Justice of this Court at age 64 in October 1971. It is fair to say he did not seek office- public office sought him. As the Bar Resolutions and the Attorney Gen- eral have noted, Lewis Powell had a firmly established reputation as a leader of the Bar of his native Richmond, of his native State of Virginia, and of the United States. "Of 16 Justices, with whom I have served in more than 27 years on the Court, I think that only 2 would be long remembered in the annals of legal history had they not been appointed to the Supreme Court. Thurgood Marshall was one, and Lewis Powell was the other. Thurgood Marshall would have been remembered for the prominent up-front role he played in litigating landmark civil rights cases in the 1940's and 1950's. Lewis Powell would have been remembered for his building of Hunton & Williams into a national firm in a city the size of Richmond, Virginia, as president of the American Bar Association, president of the American College of Trial Lawyers, and a member of several blue- ribbon commissions. Byron White would have been remembered for his athletic accomplishments, but as for the rest of us; had we not been appointed to the Supreme Court, we would have been perhaps more affluent, but certainly less well known. "Lewis Powell was a bear for work. During his 15 year tenure, he wrote over 600 opinions. The Bar Resolutions, the Solicitor General, and the Attorney General have pointed out the major contributions that Justice Powell made to the body of decisional law during his 15 year tenure on this Court. Virtually all of the opinions thus mentioned decide questions of constitutional law, and it is understandable that this should be so. I want to point out one opinion which Lewis Powell wrote that did not involve a constitutional question, but which is prob- ably the most frequently cited opinion in briefs today of any opinion from the Court. "That case is Harlow v. Fitzgerald, which decided in 1982. There we held in an opinion by Justice Powell that high ranking officials of the Executive Branch-and that holding has since been extended to most public officials exercising discretionary authority-are entitled to qual- ified immunity against suits for damages. More importantly, the quali- fied immunity is to be based on the objective reasonableness of the actions of the officials. Before Harlow, there was a subjective element involved which as a practical matter prevented summary judgment before discovery in just about every case. "As the Bar Resolutions have pointed out, but I none the less would like to emphasize the Supreme Court appointment was not the first

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TUESDAY, MAY 18, 1999 833 call to duty heeded by Lewis Powell. In 1941, at the time of the attack on Pearl Harbor, he was 34 years old, 7 years out of law school, and a partner at Hunton and Williams. He had two children at the time, and would have been excluded from the draft, but he nonetheless volun- teered and was commissioned a First Lieutenant in the U. S. Army Air Force. He rose in rank to Colonel, he won the Legion of Merit and the Bronze Star, serving overseas with distinction as an Intelligence Offi- cer in the Air Force for four years during World War II and its aftermath. "He served here at the Court with equal distinction. He brought a rare combination of ability, fair-mindedness, and grace to the Court. He had the consummate judicial temperament. His capacity and will- ingness to see both sides of an issue, and his manner in persuading others to his own views resulted in his extraordinary influence during his tenure here. "Those of us who served with him during his 15 years on the Court cherished his intellect and gentlemanly charm. He managed to present his views in Conference forcefully without departing from his naturally gracious manner, particularly towards colleagues who expressed op- posing views. Those of us who served with him continue to miss him. Our Nation is the better for his having served it in the many ways that he did."

Adjourned until Monday, May 24, 1999, at 10 o'clock.

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(JOURNAL) MONDAY, MAY 24, 1999 835 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. 988486. Richard M. Cross, Petitioner v. Pelican Bay State Prison, et al.; and No. 988487. Richard M. Cross, Petitioner v. Richard Wieking, Clerk, United States District Court for the Northern District of Cali- fornia. On motions for leave to proceed in forma pauperis. Motions for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner allowed until June 14, 1999, within which to pay the docketing fees required by Rule 38(a) and to submit petitions in compliance with Rule 33.1. Opinion per curiam. Dissenting statement by Justice Stevens.

Appeal-Summary Disposition No. 98450. Martin Cromartie, et al., Appellants v. James B. Hunt, Jr., Governor of North Carolina, et al. Appeal from the United States District Court for the Eastern District of North Carolina. Judgment vacated, and case remanded to the United States District Court for the Eastern District of North Carolina for further consideration in light of Hunt v. Cromartie, 526 U. S. (1999).

Certiorari-Summary Disposition No. 98981. Atlas Copco AB, et al., Petitioners v. Alpine View Com- pany Limited, et al. On petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Petition for writ of cer- tiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Fifth Circuit for further consideration in light of Ruhrgas v. Marathon Oil Co., 526 U. S. (1999).

Orders In Pending Cases No. M68. James F. Duke and Anya S. Duke, Petitioners v. Collection Bureau Central. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied.

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836 MONDAY, MAY 24, 1999 No. 98418. Wyoming Department of Transportation, Petitioner v. Beverly A. Straight. Motion of respondent for leave to file application for attorney fees denied without prejudice to filing the motion in the United States Court of Appeals for the Tenth Circuit. No. 988567. James M. DeBardeleben, Petitioner v. Bill Hedrick, Warden, et al. Motion of petitioner for leave to proceed in forma pau- peris denied. See Rule 39.8. Petitioner allowed until June 14, 1999, 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. 988838. Leland D. Hardy, Petitioner v. Florida. Motion of peti- tioner for leave to proceed in forma pauperis denied. Petitioner al- lowed until June 14, 1999, 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 Denied

No. 98915. Feather O. Houstoun, Secretary, Pennsylvania Depart- ment of Public Welfare, et al., Petitioners v. Edwin Maldonado, et ux., etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 981115. Maricopa-Stanfield Irrigation and Drainage District, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981165. Bruce C. Bereano, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 981275. Rose Constantino, Petitioner v. University of Pitts- burgh, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 981298. Robert Landau, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 981311. Robert Coal Company, et al., Petitioners v. Michael Holland, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 981316. Enercon GmbH, Petitioner v. United States Interna- tional Trade Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

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MONDAY, MAY 24, 1999 837 No. 981334. Fundamentalist Church of Jesus Christ of Latter-Day Saints, et al., Petitioners v. Cyril Bradshaw, et al. Petition for writ of certiorari to the Supreme Court of Utah denied. No. 981338. Texas Association of Dairymen, et al., Petitioners v. Minnesota Milk Producers Association. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 981340. William Cohen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 981346. H. N. and Frances C. Berger Foundation, Petitioner v. City of Escondido, et al. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. No. 981373. C. R. Bard, Inc., Petitioner v. M3 Systems, Inc.; and No. 981572. M3 Systems, Inc., Petitioner v. C. R. Bard, Inc. Peti- tions for writs of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 981433. Children of the Rosary, et al., Petitioners v. City of Phoenix, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981512. Santa Monica Beach, Ltd., Petitioner v. Superior Court of California, County of Los Angeles (Santa Monica Rent Control Board, Real Party in Interest). Petition for writ of certiorari to the Supreme Court of California denied. No. 981514. Peter Castellano, et al., Petitioners v. City of New York, et al. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied. No. 981521. Tyrone Brooks, et al., Petitioners v. Roy Barnes, Gov- ernor of Georgia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 981522. Tommy Hobbs, Petitioner v. Kathy Lee George. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 981527. Mark Knaust, et al., Petitioners v. City of Kingston, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 981529. Hester Industries, Inc., Petitioner v. Tyson Foods, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

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838 MONDAY, MAY 24, 1999 No. 981535. Edward Wagner, Petitioner v. City of West Palm Beach, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 981536. Randon Bragdon, Petitioner v. Sidney Abbott, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 981547. Marilyn Pona, Petitioner v. Cecil Whittaker's Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 981553. L. J. Doucet, et ux., Petitioners v. Owens Corning Fi- berglas, Inc. Petition for writ of certiorari to the Court of Appeals of Texas, Ninth District, denied. No. 981561. George E. Burdick, et ux., Petitioners v. Franklin County. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 981571. Ingram Barge Company, etc., et al., Petitioners v. Claimants' Steering Committee. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 981574. 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. 981575. 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. 981578. Austin Independent School District, et al., Petitioners v. Ted Meyer, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 981579. BMC Industries, Inc., Petitioner v. Barth Industries, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 981589. Frank E. Everett, III, 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. 981592. Jerry Lewis, et ux., Petitioners v. GTE North, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

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MONDAY, MAY 24, 1999 839 No. 981593. Patricia McDonald, Petitioner v. Chemical Bank. Peti- tion for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied. No. 981605. In Re Joel Greenberg, Petitioner. Petition for writ of certiorari to the Supreme Court of New Jersey denied. No. 981608. Jack David Kelly, Petitioner v. Escambia County, et al. Petition for writ of certiorari to the District Court of Appeal of Flor- ida, First District, denied. No. 981624. Walter Kirk, et ux., Petitioners v. Berlin Probate Court, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 981627. Pat Castaldo, Petitioner v. New York City Board of Education, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 981640. Jamie Thompson, Next Friend of Kevin Thompson, a Minor, Petitioner v. William D. McFatter, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied. No. 981663. Fred DuVall, Petitioner v. Arkansas. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 981674. Robert Meece, dba American Wholesale Jewelry, Peti- tioner v. Rolex Watch, U. S. A., Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 981693. Uri Sheinbaum and Marc A. Birnbaum, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 981705. Kansas, Petitioner v. Ann Brandau. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Cir- cuit denied. No. 981710. Mutaz A. Mohammed, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 981711. Paul Wayne Derrick, Larry Blanding, and Jefferson Marion Long, Jr., Petitioners v. United States. Petition for writ of cer- tiorari to the United States Court of Appeals for the Fourth Circuit denied.

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840 MONDAY, MAY 24, 1999 No. 987700. Ference Lang, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987762. Jorge Alborola-Rodriguez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 987852. Kevin Underwood, Petitioner v. Michael Wilson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988218. Christopher Lee Price, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. No. 988252. Tyrone Fuller, 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. 988544. Angel Guevara, aka Jose Rosado, Petitioner v. North Carolina. Petition for writ of certiorari to the Supreme Court of North Carolina denied. No. 988556. David Hardin Cheney, Petitioner v. Arizona. Petition for writ of certiorari to the Superior Court of Arizona, Maricopa County, denied. No. 988560. Herbert G. Fisher, Petitioner v. S. K. Young, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988561. Reginald Hill, Petitioner v. Howard Carlton, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988570. Al-Kareem Shadeed, Petitioner v. Tana Wood, Superin- tendent, Washington State Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988576. Luan Luanhasa, Petitioner v. Robin Bates, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988578. Steven Paul Cooper, 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, MAY 24, 1999 841 No. 988579. Xin Hang Chen, Petitioner v. Lawrence W. Raz, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 988580. Willie Barnes, Jr., Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 988581. Donald H. Brancato, Petitioner v. Wholesale Tool Com- pany, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 988583. Michael John Coleman, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. No. 988584. Morris Day, aka Rickey Louis Alford, Petitioner v. Gil- more, Social Worker, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988590. Aijalon Wallace McLittle, Petitioner v. John Patrick O'Brien, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988592. Rex Brinlee, Petitioner v. Ron Ward, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 988602. Marlon Boyd Millender, Petitioner v. Taco Bell Corpo- ration. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 988606. John H. Cloud, Petitioner v. Jimmy S. Webb. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988607. Robert E. Cotner, Petitioner v. Steve Hargett, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Tenth Circuit denied. No. 988608. James Chipman, Petitioner v. David Gundy, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 988610. Marvin L. Smith, Petitioner v. Kelly Brown, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988618. Kimberly G. McLaughlin, Petitioner v. Charles H. Weathers, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

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842 MONDAY, MAY 24, 1999 No. 988623. Cletus O. Ashiegbu, Petitioner v. Michael Winston, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 988627. John L. Wright, Petitioner v. Raymond Capots, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988628. Leroy White, Petitioner v. Burl Cain, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988635. Kevin J. Reid, Petitioner v. City of Flint, et al. Petition for writ of certiorari to the Court of Appeals of Michigan denied. No. 988640. Samuel R. Flippen, Petitioner v. North Carolina. Peti- tion for writ of certiorari to the Supreme Court of North Carolina denied. No. 988645. Milton J. Green, 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. 988649. Bertha T. Avila, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 988650. Donnie E. Blankenship, Petitioner v. Michael Groose, Assistant Director, Missouri Division of Adult Institutions. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 988651. John Henry Haupt, Petitioner v. Department of Veter- ans Affairs, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988653. Freddie Carter, Petitioner v. Freestone County Jail, Fairfield, Texas, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988654. Henry Charles Baker, Petitioner v. Oklahoma. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. No. 988657. Alvin Russell Anderson, 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. 988661. Anthony E. Proctor, Petitioner v. Robert W. Meyers, Superintendent, State Correctional Institution at Rockview, et al. Peti-

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MONDAY, MAY 24, 1999 843 tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 988671. Norman C. Ballard, Petitioner v. Larry Rowley, Super- intendent, Northeast Correctional Center, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Cir- cuit denied. No. 988696. Todd G. Fletcher and Michael Johnson, Petitioners v. City of Fort Wayne, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 988698. David Hernandez, Petitioner v. California. Petition for writ of certiorari to the Supreme Court of California denied. No. 988706. Randall B. Knese, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. No. 988713. Charles Todd Sells, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Logan County, denied. No. 988716. Christopher J. Odinkemelu, Petitioner v. Consolidated Stores Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988738. 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. 988749. Margarito Gonzales, Petitioner v. Arizona. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988787. Dwight D. Brown, 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. 988788. Chester Rice, Petitioner v. Odie Washington, Director, Illinois Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 988789. Eldred Redmon, Petitioner v. Sergeant Smith, et al. Petition for writ of certiorari to the District Court of Appeal of Flor- ida, First District, denied. No. 988790. Edward Leroy Smith, Petitoner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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844 MONDAY, MAY 24, 1999 No. 988800. Frank Marshall Cannon, Petitioner v. Robert L. Ayers, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 988819. Joseph Stafford, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988842. Charles Kenneth Ross, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Twelfth District, denied. No. 988851. Harry Murphy Seavey, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 988852. Robert Allen Martin, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 988860. David Alan Leary, Jr., Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 988919. Charles A. Norris, Petitioner v. Ricky Bell, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988920. Freddie McNeill, Jr., Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 988924. Luis Gerardo Rios-Castano, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988936. Wadgy Charif, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988942. Leban A. Hussen, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 988949. Jamyl S. Sadat, Petitioner v. E. Montgomery Tucker, Chairman, Virginia Parole Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988955. William Boyd, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 988956. Marc Ramone Toliver, 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, MAY 24, 1999 845 No. 988958. Billy L. Talley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988959. Raymond Tapar and Lisa Andrews, Petitioners v. City of Los Angeles, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 988960. Gary L. DeTemple, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988965. Mickey Dewain Danley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 988974. William T. Gray, Petitioner v. Department of the Army. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 988984. Mary Beth Thompson, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988986. Joel Ross Goheen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988989. Sturdy Harrison, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988992. Lester Chargois, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988993. William T. Coleman, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 988994. Darren P. Berry, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 988996. Victor A. Allen, Petitioner v. William J. Henderson, Postmaster General. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988997. Harry Edward Bundy, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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846 MONDAY, MAY 24, 1999 No. 989000. Troy Lee Brown, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 989001. Dexter Vine Hennings, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 989003. Wayne R. Gunwall, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 989004. James Robert Garlock, aka Chris A. Halsey, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 989005. Jack Hutchins Haese, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 989007. Ruth Muhammad, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 989009. Adan Bartalome Jimeno, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 989012. Karl Jeffrey Lattimore, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 989013. Charles Edward McIntyre, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 989014. Santana Infante, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 989018. Tirso Perez-Ocanas, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 989019. Leslie Leroy Rush, Petitioner v. Arizona. Petition for writ of certiorari to the Court of Appeals of Arizona, Division Two, denied. No. 989023. Errol Winter, 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, MAY 24, 1999 847 No. 989024. Alvon Allen Thomas, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 989026. Manuel Then, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 989027. Livingston Washington, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 989028. Eric White, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 989030. John Daniel Kelly, Petitioner v. Frank C. Sizer, Jr., Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 989037. John Bone, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 989038. Roberto Perez-Bastar, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 989040. Ronnie Joe Benson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 989041. Rafael Antonio Herrera, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 989042. Lawson Jacob Dodson, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 989046. Raymond S. Smith and Lafayette N. Dotson, Jr., Peti- tioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 989047. Ruben O. Sanchez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 989048. Howard T. Porter, 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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848 MONDAY, MAY 24, 1999 No. 989049. Melvin L. Lampkin, 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. 989050. Luis M. Magallon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 989058. Michael Anderson, Petitioner v. Ralph Coyle, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 989105. Randy Fields, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 989151. Timothy M. Secrist, Petitioner v. Wisconsin. Petition for writ of certiorari to the Supreme Court of Wisconsin denied.

Habeas Corpus Denied No. 989119. In Re Ruben Notha McNeely, Petitioner. Petition for writ of habeas corpus denied.

Mandamus Denied No. 988905. In Re Timothy T. Cooper, Petitioner. Petition for writ of mandamus denied.

Prohibition Denied No. 988918. In Re Daniel B. Jeffs, Petitioner; and No. 988968. In Re Maurice E. Hughley, Petitioner. Petitions for writs of prohibition denied.

Rehearings Denied No. 981149. Odilon Chacha Coto, et al., Petitioners v. J. Ray McDer- mott, S.A., et al.; No. 981173. City of Atlanta, Petitioner v. R. Mayer of Atlanta, Inc., et al.; No. 981219. Marlena N. Russell, Petitioner v. Chattanooga- Hamilton County Hospital Authority; No. 981231. Bankruptcy Estate of Ulpiano Unanue-Casal, aka Charles Unanue, Petitioner v. Goya Foods, Inc., et al.; No. 981250. Ulpiano Unanue-Casal, aka Charles Unanue, Petitioner v. Goya Foods, Inc., et al.;

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MONDAY, MAY 24, 1999 849 No. 987366. Michael Glenn Williams, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division; No. 987607. David Leisure, Petitioner v. Michael Bowersox, Super- intendent, Potosi Correctional Center, et al.; No. 987641. Nathaniel Sims, Petitioner v. United States Court of Appeals for the Second Circuit; No. 987773. Larry D. Raver, Petitioner v. Fred T. McAninch, Warden; No. 988079. Ann L. Layton, Petitioner v. General Motors Corpora- tion, et al.; No. 988148. Brad H. Sidles, Petitioner v. William K. Suter, Clerk, Supreme Court of the United States, et al.; and No. 988448. In Re Scott Louis YoungBear, Petitioner. Petitions for rehearing denied.

Attorney Discipline No. D2073. In the Matter of Disbarment of David Smith Nunes. David Smith Nunes, of Fort Lauderdale, 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. D2074. In the Matter of Disbarment of Robert J. Vedatsky. Robert J. Vedatsky, of Cherry Hill, 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. D2075. In the Matter of Disbarment of Gerald Myron Cohen. Gerald Myron Cohen, of Boston, 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.

Recess Order The Court will take a recess from Monday, May 24, 1999, until Tues- day, June 1, 1999.

Admissions to the Bar on Written Motions Applicant City and State Movant Arthur H. Auerbach Los Angeles, CA Steven Dean Matthews

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850 MONDAY, MAY 24, 1999

Applicant City and State Movant Kirk D. Auston Oklahoma City, John Cantrell OK Eisele Bruce R. Bachhuber Green Bay, WI Michael G. Grzeca David Ball New Orleans, LA Joseph I. Giarrusso, Jr. Michael Charles Bednar Steubenville, OH William Finley Blake, Jr. Jeffrey S. Benice Irvine, CA Daniel J. Callahan Ronald S. Block Stafford, TX Gary C. Franks James F. Bogan, III Atlanta, GA A. Stephens Clay Bruce Robert Bogan Orlando, FL William Gregory Lockeby Bernard E. Brooks Stafford, TX Gary C. Franks William H. Champlin, III Hartford, CT Ralph G. Elliot Lynne Shatzkin Coffin San Francisco, CA Andrew S. Love Ronald Vincent Cole Philadelphia, PA Herbert E. Squires Elizabeth Conway Norwich, CT Patrice Helen Kunesh Gregory D. Crosslin Montgomery, AL Gary Rickey Trawick Elbert Allen Dodd, Jr. Fort Payne, AL John Finley Porter, III Stephen Joseph Dunn Troy, MI Hiram S. Grossman Michael D. Elkins Bloomfield Hills, Timothy Maurice MI Holloway Fred E. Fischer, III Louisville, KY Marvin L. Coan Lisa Taeko Greenlees Washington, DC Robert Phillip Charrow James Thomas Harrison Woodstock, IL R. Glenn Gable Lisa Emily Heinzerling Washington, DC Richard James Lazarus Mark Richardson Higgins New London, CT Michael J. Devine Edward Alexander Hoffman Los Angeles, CA Erwin Chemerinsky James George Kambur New Orleans, LA Michael Seth Fawer Martha J. Kegel New Orleans, LA Mark A. Moreau

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MONDAY, MAY 24, 1999 851

Applicant City and State Movant Joseph Michael Kelly Louisville, KY Leonard Stanley Chauvin, Jr. S. Lawrence Kocot Alexandria, VA Donald Louis Bell, II Paul Koehler Denver, CO Robert Mark Russel Glory Martyn Lena Hartford, CT Ralph G. Elliot Lewis Stanton Lowry Coppell, TX William Alton Frazell Joseph Dorwood MacKenzie Los Angeles, CA Cary David Lowe Fred O. Marcus Chicago, IL Marilyn A. Wethekam Cindi Beth Mishkin San Diego, CA Elaine A. Alexander Frederick C. Morello Daytona Beach, Joel Todd FL Remland Douglas William Nelson Madera, CA Jeffrey Louis Kuhn Richard Christopher Nevils Baton Rouge, LA Monisa Leola Thompson Lane D. Oden Tucson, AZ William G. Walker Jeffrey Lewis Robinette Morgantown, WV Dale Patrick Olson David L. Runner Salem, OR Steve Cotton James Scott Scheper San Diego, CA James Henry Scheper Kenneth Mitchell Sigelman San Diego, CA Ian Herzog Benjamin Silva, Jr. Albuquerque, NM Charles Robert Peifer E. Kendrick Smith Atlanta, GA Robert W. Beynart Daniel Harris Squire Washington, DC Stanley M. Spracker Michael Van Stephens, II Flowery Branch, James Patrick GA O'Brien Debra Elaine Stokes Charleston, SC Morris Dawes Cooke, Jr. Mark R. Strandmo San Antonio, TX Wallace Bernard Jefferson Barry Edward Swartz San Antonio, TX Stanley Louis Blend

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852 MONDAY, MAY 24, 1999

Applicant City and State Movant Katherine Wheeler Baton Rouge, LA R. Bruce Macmurdo James K. Woods Dallesport, WA Dan R. Dubitzky

Opinions No. 971008. Carolyn C. Cleveland, Petitioner v. Policy Management Systems Corporation, et al. 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 conformity with the opinion of this Court. Opinion by Justice Breyer. No. 971625. California Dental Association, Petitioner v. Federal Trade Commission. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment vacated, 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. Opinion by Justice Breyer, with whom Justice Stevens, Justice Kennedy, and Justice Ginsburg join, concurring in part and dis- senting in part. No. 971235. City of Monterey, Petitioner v. Del Monte Dunes at Monterey, Ltd., and Monterey-Del Monte Dunes. On writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Judgment affirmed. Opinion by Justice Kennedy. Opinion by Justice Scalia concur- ring in part and concurring in the judgment. Opinion by Justice Souter, with whom Justice O'Connor, Justice Ginsburg, and Justice Breyer join, concurring in part and dissenting in part. No. 97843. Aurelia Davis, as Next Friend of LaShonda D., Peti- tioner v. Monroe County Board of Education, et al. On writ of certiorari to the United States Court of Appeals for the Eleventh Circuit. Judg- ment reversed, and case remanded to the United States Court of Ap- peals for the Eleventh Circuit for further proceedings in conformity with the opinion of this Court. Opinion by Justice O'Connor. Dissenting opinion by Justice Kennedy, with whom The Chief Justice, Justice Scalia, and Justice Thomas join. No. 9883. Charles H. Wilson, et ux., et al., Petitioners v. Harry Layne, Deputy United States Marshal, etc., et al. On writ of certiorari to the United States Court of Appeals for the Fourth Circuit. Judgment affirmed. Opinion by The Chief Justice. Opinion by Justice Stevens con- curring in part and dissenting in part.

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MONDAY, MAY 24, 1999 853 No. 971927. Rodney C. Hanlon, Joel Scrafford, Kris A. McLean, Richard C. Branzell, and Robert Prieksat, Petitioners v. Paul W. Berger, et ux. On writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit. Judgment vacated, 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 per curiam announced by The Chief Justice. Statement by Justice Stevens concurring in part and dissenting in part.

Admissions to the Bar on Oral Motions Applicant City and State Movant Daniel Lawrence Germain Los Angeles, CA Barbara Brown Raymond Lee Egg Harbor Robert J. Moran Township, NJ David Jonathan Becker Washington, DC Stanley Alan Becker Daniel R. Johnson Los Angeles, CA Stanley Alan Becker James Francis Cote Santa Barbara, Stephen D. Raber CA John Timothy Campbell Dallas, TX Stephen D. Raber Effie G. Alexander Pittsburgh, PA Honorable Seth P. Waxman, Solicitor General of the United States Michael Joseph Bodner Pittsburgh, PA Honorable Seth P. Waxman, Solicitor General of the United States Timothy Edward Cassidy Pittsburgh, PA Honorable Seth P. Waxman, Solicitor General of the United States James J. Gibson Pittsburgh, PA Honorable Seth P. Waxman, Solicitor General of the United States

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854 MONDAY, MAY 24, 1999

Applicant City and State Movant Arthur Murray Lebovitz Pittsburgh, PA Honorable Seth P. Waxman, Solicitor General of the United States Stephen Mark Misko Butler, PA Honorable Seth P. Waxman, Solicitor General of the United States Patricia A. Monahan Pittsburgh, PA Honorable Seth P. Waxman, Solicitor General of the United States Pamela J. Royesky Pittsburgh, PA Honorable Seth P. Waxman, Solicitor General of the United States Thomas James White Pittsburgh, PA Honorable Seth P. Waxman, Solicitor General of the United States Robert Langston Williams Woodford, VA Honorable Seth P. Waxman, Solicitor General of the United States Paul George Yessler, Jr. Pittsburgh, PA Honorable Seth P. Waxman, Solicitor General of the United States Joseph Michael Chioffi Cromwell, CT Louis L. Benza Dennis S. Cappello Elmhurst, NY Louis L. Benza Antonio D. Castro New York, NY Louis L. Benza Vincent J. D'Elia Englewood, NJ Louis L. Benza Edward A. DiTomasso New York, NY Louis L. Benza

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MONDAY, MAY 24, 1999 855

Applicant City and State Movant Maria I. Doti Brooklyn, NY Louis L. Benza Charles J. Esposito Malverne, NY Louis L. Benza Dawn M. Florio Bronx, NY Louis L. Benza Salvatore G. Gangemi New York, NY Louis L. Benza Maria A. Guccione New York, NY Louis L. Benza Scott Thomas Horn New York, NY Louis L. Benza Anthony G. Mango New York, NY Louis L. Benza Rose Claire Palermo New York, NY Louis L. Benza Joan Palermo New York, NY Louis L. Benza Rosemary Picciano New York, NY Louis L. Benza Michael A. Porcello Brooklyn, NY Louis L. Benza James Gerard Scotti New York, NY Louis L. Benza Alfred Cyrus Tartaglia Bronx, NY Louis L. Benza Damaris Esther Torrent Bronx, NY Louis L. Benza Jean Calhoun Brooks Greensboro, NC Robert K. Walsh Donald Reid Bryan, Jr. Raleigh, NC Robert K. Walsh Wade E. Byrd Fayetteville, NC Robert K. Walsh Laura Leak Cavagnaro Wilmington, NC Robert K. Walsh Martin James Gottholm Statesville, NC Robert K. Walsh Susan Weston Gottsegen Greensboro, NC Robert K. Walsh Murray Crossley Greason, Winston-Salem, Robert K. Walsh Jr. NC H. Clay Hemric, Jr. Burlington, NC Robert K. Walsh John Robert Hooten Kinston, NC Robert K. Walsh John Lee Charlotte, NC Robert K. Walsh Scott Charles Lovejoy Charlotte, NC Robert K. Walsh Jennifer Reinhardt Lynch High Point, NC Robert K. Walsh Kemp Arnold Michael Mount Holly, NC Robert K. Walsh Robert Alexander Mullinax Newton, NC Robert K. Walsh Mark Nixon Poovey Winston-Salem, Robert K. Walsh NC Robert V. Suggs Greensboro, NC Robert K. Walsh Mark Stanton Thomas Raleigh, NC Robert K. Walsh Henry Bird Wansker Rockingham, NC Robert K. Walsh John P. Lewis, Jr. Dallas, TX Robert K. Walsh

Adjourned until Tuesday, June 1, 1999, at 10 o'clock.

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(JOURNAL) TUESDAY, MAY 25, 1999 857 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. 989527. Jessie Lee Wise, Petiitoner 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.

Certiorari Denied No. 989536. Edward Lee Harper, Jr., Petitioner v. Phil Parker, Warden. Application for stay of execution of sentence of death pre- sented 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 Sixth Circuit denied.

Order In Pending Case No. A992. Jessie Lee Wise, Applicant v. Missouri, et al. Application for stay of execution of sentence of death presented to Justice Thomas and by him referred to the Court denied.

Habeas Corpus Denied No. 989540. In Re Jessie Lee Wise, 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, JUNE 1, 1999 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. 98126. Board of Trustees of the University of Illinois, Peti- tioner v. Jane Doe, a Minor, and United States. On petition for writ of certiorari to the United States Court of Appeals for the Seventh Cir- cuit. Petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Seventh Cir- cuit for further consideration in light of Davis v. Monroe County Board of Education, 526 U. S. (1999). No. 98980. Lesly Jean, Petitioner v. Delma Collins, Chief of Detec- tives, City of Jacksonville, 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 Wilson v. Layne, 526 U. S. (1999). No. 981361. Ralph Richardson, Petitioner v. Janet Reno, Attorney General, 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 Reno v. American-Arab Anti-Discrimination Com- mittee, 525 U. S. (1999). No. 981381. Ameritech Corporation, et al., Petitioners v. Federal Communications Commission, et al. On petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit. 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 AT&T Corp. v. Iowa Utilities Board, 525 U. S. (1999). No. 985286. Stephanie Moore, Petitioner v. Payless Shoe Source, Inc. On petition for writ of certiorari to the United States Court of

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860 TUESDAY, JUNE 1, 1999 Appeals for the Eighth Circuit. Motion of petitioner for leave to pro- ceed in forma pauperis 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 Cleveland v. Policy Management Systems, 526 U. S. (1999).

Orders In Pending Cases

No. M69. Christopher Evans Hubbart, Petitioner v. Superior Court of California, County of Santa Clara, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M70. Salvatore Grillo, Petitioner v. United States. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M71. Emma Victoria Howard, Petitioner v. United States Dis- trict Court for the Middle District of North Carolina, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. 987299. In Re Vincent Rivera, Petitioner; and No. 987983. In Re Vincent F. Rivera, Petitioner. Motion of peti- tioner for reconsideration of orders denying leave to proceed in forma pauperis denied. No. 988711. Melvin Leroy Tyler and Anthony Miner, Petitioners v. Joan L. Moriarty, Judge, Circuit Court of Missouri, City of St. Louis, et al. Motion of petitioners for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioners allowed until June 22, 1999, 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. 988726. William H. Peace, III, Petitioner v. Employment Secu- rity Commission of North Carolina. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner allowed until June 22, 1999, 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. 971991. Wal-Mart Stores, Inc., Petitioner v. Clyde N. Griffith. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

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TUESDAY, JUNE 1, 1999 861 No. 98249. Charles Mayhew, Sr., et al., Petitioners v. Town of Sunnyvale. Petition for writ of certiorari to the Supreme Court of Texas denied. No. 98859. Boeing Company, Petitioner v. Kenneth W. Aldrich. Pe- tition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 981048. Marjorie A. Meester, Petitioner v. William J. Hender- son, Postmaster General. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 981097. U-Haul Co. of Cleveland, Petitioner v. Lee Kunkle. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 981203. William D. Gilpin, Petitioner v. Togo D. West, Secre- tary of Veterans Affairs. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 981206. Ralph R. Mabey, Chapter 11 Trustee for Cajun Electric Power Cooperative, Inc., et al., Petitioners v. Southwestern Electric Power Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 981280. Earl Anthony Webb, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 981297. Joseph Nicholson, Petitioner v. Kentucky and Robert A. Bird; and No. 981331. Robert A. Bird, Petitioner v. Kentucky. Petitions for writs of certiorari to the Supreme Court of Kentucky denied. No. 981369. Joseph James Burke, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 981372. Rebecca J. Brown, etc., Petitioner v. NationsBank of Georgia, N. A., and John Litzler. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 981391. Antony Alexander Blarek, II, and Frank V. Pellecchia, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 981428. Herman Corn, Trustee, Petitioner v. City of Lauder- dale Lakes, et al,. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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862 TUESDAY, JUNE 1, 1999 No. 981440. Pension Benefit Guaranty Corporation, Petitioner v. CF&I Fabricators of Utah, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 981541. Eve Bruneau, a Minor, By and Through Her Guardians ad Litem, Pat Schofield and John Bruneau, Petitioner v. South Kort- right Central School and South Kortright School Board. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 981546. John Coyne, Petitioner v. Gary Mohr, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 981550. Janet Gayle Harris, Petitioner v. General Motors Powertrain. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 981560. Brian A. Droste, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 981565. Mohammed Entezari-Afshar, Petitioner v. Robert Wright. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981566. Donald E. Clapper, Petitioner v. Chesapeake Confer- ence of Seventh-Day Adventists. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 981569. Maylon D. Browder, Petitioner v. General Motors Cor- poration. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 981588. Barry Robert Benton, Petitioner v. Texas Commission for Lawyer Discipline. Petition for writ of certiorari to the Supreme Court of Texas denied. No. 981594. Ligita Howery, Petitioner v. Joseph Wolfberg and Chi- cago Currency Exchange, Inc. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 981614. Bob E. Cromer, Petitioner v. Baylor University, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 981630. Nanci Fisher, et vir, Petitioners v. Superior Court of California, San Francisco County, (Citibank, N. A. (New York), et al., Real Parties in Interest). Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.

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TUESDAY, JUNE 1, 1999 863 No. 981686. Transaero, Inc., Petitioner v. La Fuerza Aerea Bolivi- ana. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied. No. 981697. Terrell Walters, et al., Petitioners v. James Edgar, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 981707. Walter C. Sloane, Petitioner v. Donna E. Shalala, Secre- tary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 981717. International Telecard Association, Petitioner v. Fed- eral Communications Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 981720. William Aramony, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 981723. Jerry T. Dixon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 981731. Kelvin Samuels, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 981746. Paul Joseph Pettus, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 981749. Wilma Marlatt, Petitioner v. United States; and Wesley Marlatt, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981751. Faye Dabney, 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 Tenth Circuit denied. No. 981759. Thomas Mark Smith, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 981765. Andre Shawn Crenshaw, aka Shawn Henry Crenshaw, aka Andre Mapp, Petitioner v. United States. Petition for writ of cer- tiorari to the United States Court of Appeals for the Seventh Circuit denied.

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864 TUESDAY, JUNE 1, 1999 No. 981786. Freddie Camacho, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 987878. Nathaniel Veal, Jr., Andy Watson, Pablo Camacho, and Charlie Haynes, Jr., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied. No. 987929. Charles C. Tate, Petitioner v. Tana Wood, Superintend- ent, Washington State Penitentiary. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 987979. Rob Shorty, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 987981. Tracy Coy Poe, Petitioner v. United States; and No. 988017. Traci Poe Boyd, Kevin Kwan Chan, and James B. Poe, Petitioners v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 988203. Ronald Christopher Olds, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988226. Christa Gail Pike, Petitioner v. Tennessee. Petition for writ of certiorari to the Supreme Court of Tennessee, Eastern Divi- sion, denied. No. 988262. Randy Lynn Atkins, Petitioner v. North Carolina. Peti- tion for writ of certiorari to the Supreme Court of North Carolina denied. No. 988278. Thomas Eugene Creech, Petitioner v. Idaho. Petition for writ of certiorari to the Supreme Court of Idaho denied. No. 988588. Ron Scott Shamburger, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 988620. Elijah Karriem, Petitioner v. District of Columbia. Pe- tition for writ of certiorari to the District of Columbia Court of Ap- peals denied. No. 988648. Benjamin T. Price, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Montgomery County, denied. No. 988673. Reid R. Rogers, Petitioner v. Circuit Court of Mary- land, Montgomery County, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

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TUESDAY, JUNE 1, 1999 865 No. 988674. Ricky Sanders, Petitioner v. James Gomez, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988676. Domingo V. Martinez, 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. 988678. Donald Minniecheske, Petitioner v. Shawano County and Village of Tigerton. Petition for writ of certiorari to the Court of Appeals of Wisconsin, District III, denied. No. 988679. Bobby E. Moore, Jr., Petitioner v. Edward Sapp, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 988682. Kevin D. Jones, Petitioner v. David Dormire, Superin- tendent, Jefferson City Correctional Center, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 988690. Rickey White, Petitioner v. Gary E. Gibson, Warden, et al. Petition for writ of certiorari to the Court of Criminal Appeals of Oklahoma denied. No. 988691. Haiji S. Whitsey, Petitioner v. Ernie Roe, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988695. Victor Hurns, Petitioner v. James V. Anderson, 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. No. 988703. Kevin Edward Ratliff, 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. 988720. Lynn Murphy Creel, 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. 988727. Lonnie Wickliffe, Petitioner v. Indiana. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

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866 TUESDAY, JUNE 1, 1999 No. 988730. Danel Leon Bass, Petitioner v. K. W. Prunty, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 988732. Jerry F. Williams, Petitioner v. Ronald J. Angelone, Director, Virginia Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988735. Thomas S. Kane, Petitioner v. Ivalee Henry, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988743. Cesar E. Serge Correa, Petitioner v. Nikos Eliopoulas, et al.; and Cesar E. Serge Correa, Petitioner v. Nikos Eliopoulas, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 988744. Tommie E. Becton, Jr., Petitioner v. Maryland, et al. Petition for writ of certiorari to the Court of Special Appeals of Mary- land denied. No. 988745. Deborah Denney, Petitioner v. Eaton Corporation. Pe- tition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 988750. John Lee Gentry, Jr., Petitioner v. David L. Trippett, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988757. Lawrence Charles Ruberge, 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. 988759. Ferris Walker, aka Brian Keith Reynolds, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 988762. Sampath Kumaran, Petitioner v. Paul R. O'Malley, et al. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 988764. Gary DeWitt Bonnar, Petitioner v. Cal Terhune, 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. 988767. Amy Chang, Petitioner v. Aleta Beaupied, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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TUESDAY, JUNE 1, 1999 867 No. 988832. Charlie Bush, Jr., Petitioner v. Nebraska. Petition for writ of certiorari to the Court of Appeals of Nebraska denied. No. 988841. John P. Royster, Petitioner v. Ronald Galletta, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied. No. 988862. Terry N. Taylor, Petitioner v. Philip G. Reinhard, Judge, United States District Court for the Northern District of Illi- nois, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 988879. Connell Spain, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988887. John R. Williams, Jr., Petitioner v. Department of Vet- erans Affairs. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988892. Eugene Abrams, Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections. Petition for writ of cer- tiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied. No. 988897. Wiley Johnson, Petitioner v. Philip Parker, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988928. Timothy Allen Kersten, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988931. Billy Roy Tyler, Petitioner v. Diane C. Roberts. Peti- tion for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 988945. David M. Hougland and Susan A. Coffman, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988950. Robert E. Atwood, 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. 988953. Curtis Bryant, Petitioner v. Willis 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.

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868 TUESDAY, JUNE 1, 1999 No. 988982. Barri Shurelds, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988987. Paul L. Epley, Petitioner v. Milton E. West, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988998. Wesley Ray Walker, 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. 989011. Oliver Macklin, 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. 989031. Samuel E. Lee, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Hamilton County, denied. No. 989052. Thomas Raab, Petitioner v. Wisconsin. Petition for writ of certiorari to the Court of Appeals of Wisconsin, District I, denied. No. 989054. Marion T. Beaven, Petitioner v. Phillip K. Scrogham. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 989055. William Henry Clay, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 989056. Michael Angelo Vargas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 989063. Dennis Patrick Murphy, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 989064. Johnny Edgar Warwick, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 989065. Alan J. Williams, Petitioner v. Federal Bureau of Pris- ons. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 989067. Donte Javon Pitt, 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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TUESDAY, JUNE 1, 1999 869 No. 989068. Jonathan Palozie, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 989070. Pedro Antonio Revelo, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 989071. Undrell Ambrose, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 989075. Moises Cuellar, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 989079. Romeo John Bundoc, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 989081. Natalie T. Walker, aka Meshelle, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 989086. Donald Joe Hall, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. No. 989087. Mario Saide Aguilera-Ramirez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 989088. James Donavan Adams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 989091. Jesse Penix, Petitioner v. Melody Turner, Warden. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 989093. Miguel Rodriguez, John Rosario, and Hector Famania, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 989100. Jimmy T. Davis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 989101. Kenneth Ashley Grant, 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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870 TUESDAY, JUNE 1, 1999 No. 989104. Emanuel B. Elfenbein, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 989107. Marion Earl Hupp, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 989109. David Harrell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 989112. Mark Kilmartin, Petitioner v. David Dormire, Superin- tendent, Jefferson City Correctional Facility, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 989115. Johnnie Ray Mangham, 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. 989117. James L. Keen, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 989122. John Kerkowski, Petitioner v. Coleen Costello, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 989129. Eleutero Gallegos-Morales, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 989131. Eduardo Mantilla, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 989134. Lance Peck, et ux., Petitioners v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 989135. Joseph Pungitore, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 989138. Bradford L. Tilghman, Petitioner v. Earl Beshears, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

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TUESDAY, JUNE 1, 1999 871 No. 989139. Abraham Thompson, III, Petitioner v. United States Postal Service. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 989144. Fred Usi, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 989146. James Edward Verner, Petitioner v. Janet Reno, Attor- ney General, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 989150. Latrice Romar, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 989157. David Brian Neill, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 989158. Lois Ann McClung and Stephanie Lane McClung, Peti- tioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 989163. Jorge Nava-Salgado, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 989164. Royce Brown, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 989165. John Blanco, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 989168. Barry Dean Michael, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 989173. Verle Dean Meeks, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 989179. Nicholas Angelo Perrone, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 989193. James L. Wild, 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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872 TUESDAY, JUNE 1, 1999 No. 989196. James L. Wild, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 971914. Cable News Network, Inc., et al., Petitioners v. Paul W. Berger, et ux., et al. Motion of ABC, Inc., 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. 98101. Patricia McCaffrey, et al., Petitioners v. Oona R.-S.-, a Minor, by Kate S., Her Guardian. Motion of Redwood Empire Schools Insurance Group 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. 981500. West Publishing Company and West Publishing Corpo- ration, Petitioners v. Matthew Bender & Company, Inc., and Hyper- Law, Inc. Motion of Malla Pollack 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. No. 981519. West Publishing Company and West Publishing Corpo- ration, Petitioners v. HyperLaw, Inc. Motion of Malla Pollack 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. Habeas Corpus Denied No. 981362. In Re Ralph Richardson, Petitioner; No. 988782. In Re John Maurice McNeil, Petitioner; No. 988926. In Re Darrell Siggers, Petitioner; and No. 989288. In Re Jeffrey Lamont Harrison-Bey, Petitioner. Peti- tions for writs of habeas corpus denied. Mandamus Denied No. 988736. In Re Ida M. Williams Lewis, Petitioner; and No. 988880. In Re Michele L. Burnett, Petitioner. Petitions for writs of mandamus denied. Rehearings Denied No. 986723. John Pedone, Petitioner v. Director, Office of Workers' Compensation Programs, et al.; No. 987491. Mitchell Jackson, Petitioner v. Nicholas A. Whittle, et al.;No. 987659. Banrung P. Chumpia, Petitioner v. Michigan State University;

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TUESDAY, JUNE 1, 1999 873 No. 987820. Richard Johnson, Petitioner v. Michael W. Moore, Di- rector, South Carolina Department of Corrections; No. 987833. Lucio G. Rivera, Petitioner v. Gary L. Johnson, Direc- tor, Texas Department of Criminal Justice, Institutional Division; No. 987958. Paul Lavertu, Petitioner v. New Hampshire Supreme Court; and No. 988196. Margaret A. Collins, Petitioner v. Kenneth S. Apfel, Commissioner of Social Security. Petitions for rehearing denied.

Attorney Discipline

No. D2044. In the Matter of William C. McCallum. William C. Mc- Callum, of Framingham, 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 be- fore this Court. The Rule to Show Cause, issued on February 22, 1999, is discharged. No. D2046. In the Matter of Disbarment of Robert J. Pellicane. Disbarment order entered. No. D2053. In the Matter of Disbarment of Michael Shafran. Dis- barment order entered. No. D2054. In the Matter of Disbarment of Walter Louis Senteen, Jr. Disbarment order entered. No. D2056. In the Matter of Disbarment of Howard Stephen Weiss. Disbarment order entered. No. D2058. In the Matter of Disbarment of Daniel B. Jacobs. Dis- barment order entered. No. D2076. In the Matter of Disbarment of P. Jules Patt. P. Jules Patt, of Hollidaysburg, 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.

Admissions to the Bar on Written Motions Applicant City and State Movant Bridget Colleen Asay Montpelier, VT Ronald Albert Shems Beth Angus Baumstark Bismarck, ND Mary Kathryn Heitkamp Kathryn Lynn Bedke New York, NY Alfred Ferrer, III

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874 TUESDAY, JUNE 1, 1999

Applicant City and State Movant David Richard Brennan Minneapolis, MN Walter A. Pickhardt Ruben Brochner, Jr. Dallas, TX Samuel F. Baxter Paul Couenhoven Santa Clara, CA Michael Anthony Kresser Michael Francis Currier Garden Grove, CA James Michael Crawford Mark Steven Davis Portsmouth, VA John Ridgley Porter, III Vincent dePaul Dunn Boston, MA Wilson D. Rogers, Jr. Jeffrey Clark Fereday Boise, ID Clive James Strong Christopher Darrell Las Vegas, NV Robert Putnam Figgins Will John Arak Freedman Washington, DC Andrew Tanner Karron Stephen Russell Goetzmann Dallas, TX Michael Maher Michael Lyn Gregory Fort Worth, TX Michael Logan Ware Diane M. Guariglia Houston, TX Larry D. Thompson William S. Gyves New York, NY Andrew J. Entwistle Martin Harris Chicago, IL P. Kevin Connelly Don K. Haycraft New Orleans, LA Sherman Gene Fendler Mark Baruch Hazelbaker Madison, WI Michael J. Modl Paul Amos Holcombe, III Murfreesboro, TN Paul A. Holcombe, Jr. Jendonnae Lycan Huntington, WV Charles F. Bagley, Houdyschell III R. Craig Hupp Grosse Pointe Fredrick J. Park, MI Dindoffer Francis John James Washington, DC Eve Bradley Burton Joseph John Jerse Cleveland, OH Barbara Rhodes Marburger Harold V. Johnson Chicago, IL Roy E. Hofer

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TUESDAY, JUNE 1, 1999 875

Applicant City and State Movant James Robert Johnson Oklahoma City, William A. OK Edmondson Naomi R. Levin Washington, DC Reginald Earl Jones Michael John Lokensgard Appleton, WI Gerald L. Hill Lois A. Fenner McBride Baltimore, MD Paula DiMeo Grant William Wallace McNeal, Lockhart, TX Philip Robert III Presse Paul L. Mills Los Angeles, CA Robert Mann Michael F. Mongelli, II New York, NY Thomas V. Polizzi Michael Joseph Moreland Ottumwa, IA John Norbert Moreland Barry D. Neal Fort Smith, AR Jerry Lee Canfield Thomas E. Patterson Chicago, IL Thomas D. Allen Douglas F. Price Oklahoma City, William A. OK Edmondson Benjamin E. Rosenberg New York, NY Andrew Joshua Levander Steve Rossi Fort Lauderdale, Alan Jay FL Braverman Henry Sanghuen Shyn Los Angeles, CA James O. White, Jr. Clay Martindale Steely Houston, TX John R. Kirk, Jr. Robert Champe Joseph Milford, MI Ernie L. Brooks Tuttle David A. Wasserman Winter Park, FL Gerald S. Rutberg Dorothy M. Weber New York, NY Jane G. Stevens Craig Alan Webster Tifton, GA Gregory C. Sowell Douglas E. Weischadle Quincy, MA David E. Weischadle, II Mitchell L. Wexler Newport Beach, David Hirson CA Bruce S. Zero Scranton, PA Michael J. Foley

Recess Order

The Court will take a recess from Tuesday, June 1, 1999, until Mon- day, June 7, 1999.

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876 TUESDAY, JUNE 1, 1999 Opinion No. 978629. Eddie Richardson, Petitioner v. United States. 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 Circuit for further proceedings in conformity with the opinion of this Court. Opinion by Justice Breyer. Dissenting opinion by Justice Kennedy, with whom Justice O'Connor and Justice Ginsburg join.

Admissions to the Bar on Oral Motions Applicant City and State Movant Hyacinth Elaiza Leus Los Angeles, CA Howard Alan Glickstein Sa'id Vakili Los Angeles, CA Howard Alan Glickstein Mark Jeffrey Becker Bethesda, MD Howard Alan Glickstein Douglas Adam Kash Washington, DC Howard Alan Glickstein Karen Beth Cohen Miami, FL Howard Alan Glickstein Rhonda Faith Gelfman North Miami Howard Alan Beach, FL Glickstein Michael W. Krutman Trenton, NJ Howard Alan Glickstein Jan Meyer Teaneck, NJ Howard Alan Glickstein Catherine Ottilio-Maggio Tenafly, NJ Howard Alan Glickstein Philip A. Tornetta Wyckoff, NJ Howard Alan Glickstein Charles Bryan Baron New York, NY Howard Alan Glickstein George William Maxwell Scarsdale, NY Howard Alan Barson Glickstein Robin A. Bielski McKeesport, PA Howard Alan Glickstein Thomas W. Bray Floral Park, NY Howard Alan Glickstein Michael Vincent Devine Port Jefferson, Howard Alan NY Glickstein

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TUESDAY, JUNE 1, 1999 877

Applicant City and State Movant Edward John Dhanraj Valley Stream, Howard Alan NY Glickstein Sharon Ann Doherty Bronx, NY Howard Alan Glickstein Peggy Anne Stilianos Foy Long Island, NY Howard Alan Glickstein Lisa Joy Friederwitzer Forest Hills, NY Howard Alan Glickstein Nancy A. Goldbach Glendale, NY Howard Alan Glickstein Terry Ann Greenstein Roslyn Estates, Howard Alan NY Glickstein Barbara K. Howie Patchogue, NY Howard Alan Glickstein Ramon Emilio Javier New York, NY Howard Alan Glickstein Gerald Klein Patchogue, NY Howard Alan Glickstein Amy J. Koreen Greenlawn, NY Howard Alan Glickstein David Marshall Lehrman Washington, DC Howard Alan Glickstein William Edward Lewis Plainview, NY Howard Alan Glickstein George Likourezos Washington, DC Howard Alan Glickstein Kenneth Samuel Litman New York, NY Howard Alan Glickstein James M. Loeffler West Islip, NY Howard Alan Glickstein Catherine M. Loeffler West Islip, NY Howard Alan Glickstein Lewis Jay Lubell New York, NY Howard Alan Glickstein Brandon Ozman Walden, NY Howard Alan Glickstein Donna Marie Planty Hauppauge, NY Howard Alan Glickstein Toni Phyllis Reale Floral Park, NY Howard Alan Glickstein

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878 TUESDAY, JUNE 1, 1999

Applicant City and State Movant Patricia K. Romeo Patchogue, NY Howard Alan Glickstein Philip A. Russo Hauppauge, NY Howard Alan Glickstein Bryan Louis Salamone New York, NY Howard Alan Glickstein Thomas Allan Smyth Dix Hills, NY Howard Alan Glickstein Judith Ellen Stone Merrick, NY Howard Alan Glickstein John Michael Tangel Plainview, NY Howard Alan Glickstein Stanley Joel Teich Spring Valley, NY Howard Alan Glickstein Roderick Scott William Northport, NY Howard Alan Turner Glickstein Arlene Frances Van Loan Massapequa, NY Howard Alan Glickstein Kim Keenan Solomon Washington, DC Judge Mary A. Gooden Terrell Elicia Pegues Spearman Washington, DC Judge Mary A. Gooden Terrell Arthur Leon Beamon Rockville, MD Judge Mary A. Gooden Terrell Grady Jessup Charlotte, NC Judge Mary A. Gooden Terrell Gregory B. Williams Philadelphia, PA Judge Mary A. Gooden Terrell Ernestine Zenor Carter Houston, TX Judge Mary A. Gooden Terrell

Adjourned until Monday, June 7, 1999, at 10 o'clock.

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(JOURNAL) WEDNESDAY, JUNE 2, 1999 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.

Habeas Corpus Denied No. 989569. In Re Scotty Lee Moore, Petitioner. Application for stay of execution of sentence of death presented to Justice Breyer and by him referred to the Court denied. Petition for writ of habeas cor- pus denied.

Habeas Corpus Denied No. 989588. In Re Scotty Lee Moore, Petitioner. Application for stay of execution of sentence of death presented to Justice Breyer and by him referred to the Court denied. Petition for writ of habeas cor- pus denied.

Habeas Corpus Denied No. 989610. In Re Scotty Lee Moore, Petitioner. Application for stay of execution of sentence of death presented to Justice Breyer and by him referred to the Court denied. Petition for writ of habeas cor- pus denied.

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(JOURNAL) FRIDAY, JUNE 4, 1999 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.

Order In Pending Case No. A999. Christopher James Beck, Applicant v. John Taylor, War- den. Application for stay of execution of sentence of death presented to The Chief Justice and by him referred to the Court denied. Justice Stevens, Justice Ginsburg, and Justice Breyer would grant the applica- tion for stay of execution.

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(JOURNAL) MONDAY, JUNE 7, 1999 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."

Certiorari-Summary Disposition No. 981112. Roy Mack West, Petitioner v. United States. On peti- tion 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 Richardson v. United States, 526 U. S. (1999). No. 986975. Nathaniel A. Richardson and Jermaine Cleavon Golden, Petitioners v. United States. On petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit. Motion of petitioners for leave to proceed in forma pauperis and the 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 Richardson v. United States, 526 U. S. (1999). No. 987404. Kevin Rozier and Edward Mack, Petitioners v. United States. On petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit. Motion of petitioners 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 Eleventh Circuit for further consideration in light of Richardson v. United States, 526 U. S. (1999).

Orders in Pending Cases No. M72. Eduardo Lorenz, Petitioner v. Virginia, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. 981446. S & R Company of Kingston, et al., Petitioners v. La- tona Trucking, Inc. Joint motion to defer consideration of the petition for writ of certiorari granted.

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884 MONDAY, JUNE 7, 1999 No. 981628. Salt River Project Agricultural Improvement and Power District, Petitioner v. Harold Dawavendewa. The Solicitor Gen- eral is invited to file a brief in this case expressing the views of the United States. No. 988327. Michael Domingues, Petitioner v. Nevada. The Solicitor General is invited to file a brief in this case expressing the views of the United States. No. 988609. In Re Billy Holmes Richards, Petitioner. Motion of petitioner for reconsideration of order denying leave to proceed in forma pauperis denied. No. 988785. Roberto Baez, Petitioner v. Jerrell A. Breslin. Motion of petitioner for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner allowed until June 28, 1999, 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. 988798. Jeffrey Balawajder, Petitioner v. Wayne Scott, Execu- tive Director, Texas Department of Criminal Justice. Motion of peti- tioner for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner allowed until June 28, 1999, 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. 988802. William Earl Cunningham, Petitioner v. Drake Poppell, Warden, et al. Motion of petitioner for leave to proceed in forma pau- peris denied. See Rule 39.8. Petitioner allowed until June 28, 1999, 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. 988822. Donald H. Brancato, Petitioner v. Connecticut General Life Insurance Company, et al. Motion of petitioner for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner allowed until June 28, 1999, 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. 988866. Richard M. Cross, Petitioner v. Superior Court of Cali- fornia, Placer County, et al. Motion of petitioner for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner allowed until June 28, 1999, 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.

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MONDAY, JUNE 7, 1999 885 No. 988867. Richard M. Cross, Petitioner v. John F. Moulds, Chief Magistrate Judge, United States District Court for the Eastern Dis- trict of California, et al. Motion of petitioner for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner allowed until June 28, 1999, 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. 988868. Richard M. Cross, Petitioner v. Court of Appeal of California, Third Appellate District. Motion of petitioner for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner allowed until June 28, 1999, 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. 988869. Richard M. Cross, Petitioner v. Pelican Bay State Prison, et al. Motion of petitioner for leave to proceed in forma pau- peris denied. See Rule 39.8. Petitioner allowed until June 28, 1999, 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. 989237. James M. DeBardeleben, Petitioner v. United States. Motion of petitioner for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner allowed until June 28, 1999, 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. 988821. Jeff C. Arbogast, Petitioner v. Alcoa Building Products. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner allowed until June 28, 1999, 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.

Certiorari Granted

No. 981480. Robert A. Beck, II, Petitioner v. Robert M. Prupis, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit granted.

Certiorari Denied

No. 981121. David Ruiz, et al., Petitioners v. John Culberson and J. E. ("Buster") Brown. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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886 MONDAY, JUNE 7, 1999 No. 981265. Stephen S. Adams, et al., Petitioners v. James F. Hinch- man, Acting Comptroller General, Government Accounting Office, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 981404. William Oscar Royster, aka W. O., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 981417. Grand Canyon Trust, et al., Petitioners v. Federal Avi- ation Administration, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 981426. Batjac Productions Inc., Petitioner v. Goodtimes Home Video Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981465. In Re William E. Wright, Jr., Petitioner; No. 981468. In Re James W. Berry, Petitioner; No. 981469. In Re Robert B. Bieck, Jr., Petitioner; No. 981470. In Re W. Glenn Burns, Petitioner; and No. 981498. Nauman S. Scott, United States District Judge, West- ern District of Louisiana, Petitioner v. Michael P. Tone, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 981471. Advantage West Palm Beach, Inc., et al., Petitioners v. West Palm Beach Community Redevelopment Agency, Inc. Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth District, denied. No. 981485. Idaho, Petitioner v. Lori Kay Newsom. Petition for writ of certiorari to the Supreme Court of Idaho denied. No. 981497. Graham C. Faria, Petitioner v. Town of Palm Beach. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 981506. Donald C. Barry, et al., Petitioners v. McShares, Inc., dba Research Products. Petition for writ of certiorari to the Supreme Court of Kansas denied. No. 981583. United States, Petitioner v. James S. Anderson. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 981602. Brad Goodspeed, Petitioner v. Whitman County. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

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MONDAY, JUNE 7, 1999 887 No. 981604. Walter Younas Stewart, Petitioner v. Dennis Joslin. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 981606. Chuck Dunn, Petitioner v. Commission on Professional Competence (Jurupa Unified School District, Real Party in Interest). Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. No. 981607. Elease Amos-Goodwin, et al., Petitioners v. Charleston County Council, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 981609. Edward Weekly, Petitioner v. Cajun Bag Co. Petition for writ of certiorari to the Court of Appeal of Louisiana, Third Cir- cuit, denied. No. 981613. Ann Doe, et al., Petitioners v. Board of Education of Baltimore County, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 981615. Motown Beverage Company of Ohio, et al., Petitioners v. Motown Record Company, L. P. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 981616. Gloria J. Hooker, Dora E. Hooker, David O. Hooker, and Virgil O. Hooker, Petitioners v. Agribank, FCB, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 981619. William D. Ferguson, et al., Petitioners v. City of Phoe- nix, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981621. John Parker Roe, Petitioner v. Tennessee. Petition for writ of certiorari to the Court of Appeals of Tennessee, Western Divi- sion, denied. No. 981622. Terry Morgan, Petitioner v. Lake County, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981625. Nikkie Miller, Petitioner v. Board of Trustees, Ririe Joint School District No. 252, et al. Petition for writ of certiorari to the Supreme Court of Idaho denied. No. 981626. Kentucky Right to Life, Inc., et al., Petitioners v. David Stengel, Commonwealth Attorney, Jefferson County, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

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888 MONDAY, JUNE 7, 1999 No. 981633. Robert H. Keeler, Petitioner v. Academy of American Franciscan History, Inc., et al. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied. No. 981634. Frederick Charles Daniels, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylvania, Harrisburg Office, denied. No. 981644. Bennet D. Cecil, Petitioner v. Laura Whitt, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 981694. Dallas R. Williams, Petitioner v. Ventura County, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981712. Vectra Fitness, Inc., Petitioner v. TNWK Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 981726. Marvin Frandsen, Petitioner v. Florida. Petition for writ of certiorari to the Circuit Court of Florida, Brevard County, denied. No. 981738. Wilkie Mellott, et ux., et al., Petitioners v. Don Heemer, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 981770. Texas, Petitioner v. Heidi Schramm Consaul. Petition for writ of certiorari to the Court of Appeals of Texas, Eighth Dis- trict, denied. No. 981791. Breck M. Swanquist, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 981806. John B. LoFranco, Petitioner v. United States Parole Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 981817. William R. Crow, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 981822. In Re Louis Kerlinsky, Petitioner. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied. No. 981826. Alphonse Gainer, 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 7, 1999 889 No. 986417. Gerald Rice, Petitioner v. Lamark Carter, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 987261. Enice Lyles, Petitioner v. Thomas Page, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 988290. Tomas Ortiz-Perez, Edwin Ramon Guillen-Hernandez, Noe De Luna-Berrones, and Pedro Alvarez-Olalde, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988387. Christopher Williams, Petitioner v. Pennsylvania. Peti- tion for writ of certiorari to the Supreme Court of Pennsylvania, East- ern District, denied. No. 988395. James Floyd Davis, Petitioner v. North Carolina. Peti- tion for writ of certiorari to the Supreme Court of North Carolina denied. No. 988769. Raphael Dwight Hundley, Petitioner v. City of Pitts- burgh, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 988772. Gary W. Phelps, Petitioner v. David G. Mills, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988774. Theodore Relford, III, Petitioner v. Robert P. Houston, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 988781. Steven Munici, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied. No. 988783. Timothy Paul Martin, 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. 988786. Paul M. Allen, Petitioner v. Employment Department, et al. Petition for writ of certiorari to the Court of Appeals of Oregon denied. No. 988793. Willie Triplett, Petitioner v. Louisiana. Petition for writ of certiorari to the Court of Appeal of Louisiana, First Circuit, denied.

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890 MONDAY, JUNE 7, 1999 No. 988794. Samson Omosefunmi, Petitioner v. Merrimack County House of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 988797. David Lee Chappell, Jr., 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. 988803. Jeffrey Fitzgerald Buford, Petitioner v. Florida Divi- sion of Driver's Licenses, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 988805. Kenneth Frank Orlowski, Petitioner v. City of Cocoa Beach, Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 988806. Jessie James Cummings, Petitioner v. Oklahoma. Peti- tion for writ of certiorari to the Court of Criminal Appeals of Okla- homa denied. No. 988810. Larry Timothy O'Neill, Petitioner v. Michigan. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988812. Russell Smith, Petitioner v. North Dakota. Petition for writ of certiorari to the Supreme Court of North Dakota denied. No. 988817. William L. Richardson, Jr., Petitioner v. Maryland State Attorney Office, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 988823. Jesse A. Coleman, Petitioner v. Ted C. Smiley, Superin- tendent, Warren Correctional Institution. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988827. Morris Day, aka Rickey Louis Alford, Petitioner v. United States District Court for the Eastern District of California. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988830. Anthony Washington, Petitioner v. Anthony A. Wil- liams, Mayor of District of Columbia. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 988831. Lavell Thomas, Petitioner v. Mississippi. Petition for writ of certiorari to the Court of Appeals Mississippi denied. No. 988833. John J. Zichko, Petitioner v. Pierce Clegg, Sheriff, Kootenai County, Idaho, 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 7, 1999 891 No. 988836. Earl L. Hazley, Petitioner v. City of Akron, et al. Peti- tion for writ of certiorari to the Court of Appeals of Ohio, Summit County, denied. No. 988843. Fred Lee Pearson, Petitioner v. Jeffery Catoe. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988846. Ralph Kent, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County, denied. No. 988847. John L. Lotter, Petitioner v. Nebraska. Petition for writ of certiorari to the Supreme Court of Nebraska denied. No. 988861. Terry N. Taylor, Petitioner v. City of Rockford, Illinois. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 988962. Henry Boyd, Jr., Petitioner v. Locke D. Barkley, Chap- ter 13 Trustee. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988980. Samuel D. Smith, 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. 989039. Lawrence Baker, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Hamilton County, denied. No. 989060. James Chambers, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. No. 989072. Shirl D. Driver, Petitioner v. Al Luebbers, Superin- tendent, Renz Correctional Center. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 989074. 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. 989128. Michael A. Fowler, Petitioner v. City of Raleigh Parks and Recreation Department, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 989153. Roberto Jimenez-Linares, 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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892 MONDAY, JUNE 7, 1999 No. 989159. Gregory Mays, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 989166. Arthur Lee Bennefield, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 989167. Anthony Wayne Morris, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 989169. William McGary, 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. 989172. Johnny McIntyre, Petitioner v. Kelly Ward, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 989176. Markham David Bond, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 989181. Jon Stephan Michalec, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 989184. Saado Mohamed Ibrahim Intissar, aka Saado Ibrahim, aka Saado Mohamed Ibrahim, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 989190. Jeffrey A. Trueman, Petitioner v. Eric Lekberg, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 989195. Frank Michael Parise, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 989198. Jack Swisher, Petitioner v. Commission for Lawyer Discipline. Petition for writ of certiorari to the Supreme Court of Texas denied. No. 989202. Rashan Armir Couey, 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, JUNE 7, 1999 893 No. 989203. Luis Alberto Ascanio-Blanco, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 989204. Lionel Brooks, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 989215. Reginald Woods, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 989218. Anibal Cruz Martinez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 989219. Ricardo Matthew Gross, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 989222. Michael Allan Johnson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 989224. James Otis Raines, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 989226. Carlos Julio Cipriano, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 989228. Enguilberto Aguilar-Ayala, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 989229. Francisco Osorio Williams-May, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 989231. Jose Trinidad Diaz-De La O, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 989232. Abdul Ghani-Farahi, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 989235. Enad Hazeem, 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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894 MONDAY, JUNE 7, 1999 No. 989240. Charles F. Leonard, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 989241. Timothy Latham, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 989242. Bernard Middleton, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 989252. Richard Galicia, Manuel Belmonte Bucio, Eduardo Mendoza, Jose Cerpas-Valencia, and Agustin Jose Castillo, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 989253. Robert Antonio Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 989255. Charles Barry Smith, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 989258. Yang Jin Song, Yuan Fa Li, Yang Li Rong, Tang Ren Chuan, and Li Xing Li, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 989263. Michael Hampton McAnulty, aka Michael Anulty, Peti- tioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 989264. James J. Pratt, Petitioner v. United States Parole Com- mission. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 989266. Charles Thomas Sell, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 989270. Ralph D. Warren, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 989271. Rodney Veal, 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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MONDAY, JUNE 7, 1999 895 No. 989274. Joan Marie Young, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 989275. Ernest Edward Brown, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 989277. CManuel Christopher, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 989292. Albert T. Edwards, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 981513. Redbud Community Hospital, et al., Petitioners v. United States District Court for the Northern District of California, et al.; and No. 981526. Wolfgang Schug, Petitioner v. David Burrows, etc., et al. Motion of Physician Insurers Association of America for leave to file a brief as amicus curiae in No. 981526 granted. Motion of Califor- nia Medical 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 denied.

Habeas Corpus Denied

No. 989342. In Re Paul Mayeux, Petitioner; and No. 989407. In Re Arne Sverre Rodley, Petitioner. Petitions for writs of habeas corpus denied. No. 985804. In Re Gregory Smith, Petitioner. Petition for writ of habeas corpus denied. Justice Stevens, Justice Souter, and Justice Breyer would set the case for full briefing.

Mandamus Denied

No. 988818. In Re Jack Scarborough, Petitioner; and No. 988857. In Re Mathew E. Mason, Petitioner. Petitions for writs of mandamus denied. Rehearings Denied

No. 981162. David K. Sumrell, Petitioner v. Virginia; No. 981252. Olga Orisek, Petitioner v. American Institute of Aero- nautics and Astronautics;

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896 MONDAY, JUNE 7, 1999 No. 981341. Richard H. Blum, et ux., Petitioners v. State Farm Fire and Casualty Company, et al.; No. 981442. In Re Clarence Murphy, Petitioner; No. 981479. Jerome B. Rosenthal, Petitioner v. Robert Nolan Conrad; No. 987168. In Re Olu S. Abidekun, Petitioner; No. 987515. Lazaro Mendive Gonzalez, Petitioner v. Robert A. Wal- lis, et al.; No. 987779. Miguel C. Lago, Petitioner v. Harry K. Singletary, Jr., Secretary, Florida Department of Corrections; No. 987923. Dennis Estell, Petitioner v. Drew Edmondson, Attor- ney General of Oklahoma; No. 987993. Alton Jackson Fales, Petitioner v. Joseph D. Lehman, Secretary, Washington Department of Corrections; No. 988015. Robert A. Walls, Petitioner v. Michael Bowersox, Superintendent, Potosi Correctional Center; No. 988100. Gerald Willis Riley, Petitioner v. Ernest C. Roe, War- den, et al.; No. 988138. Louise Brumbaugh-Chanley, Petitioner v. California; No. 988143. James Tyler, III, Petitioner v. Louisiana; No. 988163. Stanley Baker, Petitioner v. Department of the Army, et al.; No. 988165. John L. Thorn, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division; No. 988234. Richard Orville Burgess, Petitioner v. Montana, et al.; No. 988330. Jimmy L. Hobbs, Petitioner v. Ann Marie Hobbs; No. 988353. In Re Parnell Seaton, Petitioner; No. 988377. Cheryl McCoy, Petitioner v. Workers' Compensation Appeals Board of California, et al.; No. 988420. Rosetta Sumter, Petitioner v. Bruce Babbitt, Secretary of the Interior, et al.; No. 988466. James Burke, Petitioner v. Michael T. Maloney, Com- missioner, Massachusetts Department of Correction, et al.; and No. 988489. Edward Dean Cook, Petitioner v. Donald Romine, War- den, et al. Petitions for rehearing denied. No. 981223. Vernon L. Williams, et ux., Petitioners v. Klamath County. Motion of petitioners for leave to proceed further herein in forma pauperis granted. No. 988261. Ahmad Mohamad Ajaj, Petitioner v. United States. Motion for leave to file a petition for rehearing denied.

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MONDAY, JUNE 7, 1999 897 Attorney Discipline No. D2070. In the Matter of Disbarment of Benjamin V. R. Conlon. Disbarment order entered. No. D2077. In the Matter of Disbarment of David Lester Arnopole. David Lester Arnopole, 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. D2078. In the Matter of Disbarment of Charles J. Pisano. Charles J. Pisano, of Tempe, Arizona, 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. D2079. In the Matter of Disbarment of Charles Lee Quaintance. Charles Lee Quaintance, of Highland Falls, 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. D2080. In the Matter of Disbarment of John Joseph O'Grady. John Joseph O'Grady, of Kew Gardens, 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, June 7, 1999, until Thurs- day, June 10, 1999.

Admissions to the Bar on Written Motions Applicant City and State Movant Marta Adams Carson City, NV C. Wayne Howle Jeffrey Allen Addicks Bellaire, TX David Vandiver Wilson, II Webster J. Arceneaux, III Charleston, WV John Allen Rollins Scott Leyden Ballard Fayetteville, GA Charles T. Ballard Sarah Harriet Bohr Atlantic Beach, Henry M. Coxe, FL III Fredrick J. Bradford Galveston, TX James Richard Ansell Keith Ian Braunfotel New City, NY Stephen B. Lowe

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898 MONDAY, JUNE 7, 1999

Applicant City and State Movant Jon E. Brightmire Tulsa, OK Paul W. Brightmire Mark Ashley Brown Los Angeles, CA Eric C. Sawyer Clark S. Butler Seguin, TX Michael Jay Willson Christohper Canada Clark, NJ Richard H. Kress G. Nicholas Casey, Jr. Charleston, WV John Alten Rollins Judi B. Ciliberti Prospect, KY Stephen H. Miller Edward S. Coleman Las Vegas, NV Eric Zubel Dorothy Frances Easley Coral Gables, FL Robert Cary Maland Shannon K. Emmons Oklahoma City, Robert Edward OK Manchester James Allen Endicott Springfield, MO William H. McDonald Joshua Adam Engel Cambridge, MA Mark A. Michelson Sean Duvall Fagan Baton Rouge, LA J. Michael McDonald Alfred G. Feliu New Rochelle, NY Raymond Leonard Vandenberg Kevin Lee Ferguson Madison, WI Scott G. Pernitz Donald P. Flynn, Jr. Waldorf, MD Chester Harvey Morgan, II Martha McNab Hall San Diego, CA Judy Clare Clarke Sheryl Dawn Hanley Silver Spring, MD Stanley James Reed Gary C. Harris Clayton, GA Joseph E. Cheeley, Jr. Allen Edward Hill Atlanta, GA William Jeffrey Kilberg Eugene K. Hollander Chicago, IL Scott Daniel Lane Craig T. Holmes Atlanta, GA William Jeffrey Kilberg Damon Christopher Erie, PA James K. Vogel Hopkins W. Craig Hosmer Springfield, MO William H. McDonald Stuart H. King Springfield, MO William H. McDonald Jacquelyn A. Knupp Ligonier, PA David J. Millstein

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MONDAY, JUNE 7, 1999 899

Applicant City and State Movant Stephen J. Laskero San Diego, CA Michael G. B. Roddy Michael Anthony Lawrence East Lansing, MI Constantine Nicholas Revelos Daniel F. Lynch Denver, CO John Arthur Cimino Alexander Victor Lyzohub Livonia, MI Richard Kevin Gienapp Howard Mason Maltz Jacksonville, FL Steven Edmond Rohan Joseph Langston Oklahoma City, William A. McCormick, IV OK Edmondson Daniel O. Mena Miami, FL Daniel S. Pearson Tonya Miner Nashville, TN Glenn Richard Pruden Kevin A. Moore Sinking Spring, Robert Joseph PA Kirwan, II J. Mac Morgan New Orleans, LA Julian Rollins Murray, Jr. Shelley Beth Mund Coral Springs, FL Neil Chonin Stewart O. Olson St. Petersburg, Anne Spencer FL Mason Frances Piccoli Orth Media, PA Alexander D. DiSanti Malla Pollack Jacksonville, FL Sheri Engelken Seth Benjamin Rosen San Francisco, CA Joyce Terpstra Whitaker James Richard Royce Springfield, MO William H. McDonald Todd H. Silberman San Antonio, TX Jay W. Silberman Jay Robert Taylor Los Angeles, CA Andrew Davidson Amerson Dawn Renee´ Traverso Chambersburg, Joseph Peter PA D'Alessandro Michael J. Warhola Las Vegas, NV Rob W. Bare Damon Patrick Whitehead Laurel, MD Gilda Branch Williams Donald Craig York Louisville, KY Will H. Fulton

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900 MONDAY, JUNE 7, 1999 Opinions

No. 98830. Amoco Production Company, on Behalf of Itself and the Class It Represents, Petitioner v. Southern Ute Indian Tribe, et al. On writ of certiorari to the United States Court of Appeals for the Tenth Circuit. Judgment reversed, and case remanded to the United States Court of Appeals for the Tenth Circuit for further proceedings in con- formity with the opinion of this Court. Opinion by Justice Kennedy. Dissenting opinion by Justice Ginsburg. Justice Breyer took no part in the consideration or decision of this case. No. 972048. William D. O'Sullivan, Petitioner v. Darren Boerckel. On writ of certiorari to the United States Court of Appeals for the Seventh Circuit. Judgment reversed, and case remanded to the United States Court of Appeals for the Seventh Circuit for further proceed- ings in conformity with the opinion of this Court. Opinion by Justice O'Connor. Concurring opinion by Justice Souter. Dissenting opinion by Justice Stevens, with whom Justice Ginsburg and Justice Breyer join. Dissenting opinion by Justice Breyer, with whom Justice Stevens and Justice Ginsburg join.

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

Robert Arthur Downs Luray, VA Frank Douglas Wagner Alisa Ann Macht Washington, DC Christie Skeels Warren Peter Andrew Dubrawski Los Angeles, CA Lively M. Wilson John Charles Riccio San Francisco, CA Ronald A. Cimino Peter J. Riebling Washington, DC Thomas H. Odom Edward Jerome Wright, Jr. Sacramento, CA H. Richard Chew Ernest Albert Conant Bakersfield, CA Jerome Christian Muys Michael N. McCarty Washington, DC Jerome Christian Muys Tad J. Bistor Newburgh, NY Robert E. Redding Allison Bloom Murchison Easton, CT Robert E. Redding Paul Edmund Liles North Fort Myers, Robert E. FL Redding

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MONDAY, JUNE 7, 1999 901

Applicant City and State Movant Ann-Jeannine Foeller Toledo, OH Robert E. Redding Thomas Jackson White, III Raleigh, NC Robert E. Redding Stuart Martin Nachbar Paterson, NJ Robert E. Redding Susan P. Doherty New York, NY Robert E. Redding William Scott Andes Springfield, OH Robert E. Redding Lawrence Hunter Richards Youngstown, OH Robert E. Redding Michael M. Oglesby San Jose, CA Robert E. Redding Julie Yvonne Fort Dallas, TX Robert E. Redding Scarlett Dawn Grose Vienna, VA Robert E. Redding Mark A. Baratti Haddonfield, NJ Alan L. Schwalbe M. Elizabeth Brigante Moorestown, NJ Alan L. Schwalbe Tobin A. Butler Cherry Hill, NJ Alan L. Schwalbe David Allan Capozzi Cherry Hill, NJ Alan L. Schwalbe Cheryl Lee-Ann Cooper Sicklerville, NJ Alan L. Schwalbe Richard A. De Michele, Jr. Cherry Hill, NJ Alan L. Schwalbe Stacy Alison Fols Haddonfield, NJ Alan L. Schwalbe Carol Helane Gold Mount Laurel, NJ Alan L. Schwalbe Jennifer L. Hiller Cherry Hill, NJ Alan L. Schwalbe Brian Wilder Hunkins Cherry Hill, NJ Alan L. Schwalbe Michael W. Kwasnik Woodbury, NJ Alan L. Schwalbe Janet Law Medford, NJ Alan L. Schwalbe John Joseph Levy Haddonfield, NJ Alan L. Schwalbe Jacqueline V. McDonald Cinnaminson, NJ Alan L. Schwalbe Donna Marie O'Brien Cherry Hill, NJ Alan L. Schwalbe Jeffrey B. Saper Marlton, NJ Alan L. Schwalbe I. Dominic Simeone Cherry Hill, NJ Alan L. Schwalbe Edward Richard Wiercinski Marlton, NJ Alan L. Schwalbe Fred Ronald Braverman Cherry Hill, NJ Alan L. Schwalbe Ellen Ann Williams Ellicott City, MD Deborah Ann Gabry

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902 MONDAY, JUNE 7, 1999

Applicant City and State Movant Deborah G. Cummis West Orange, NJ Deborah Ann Gabry Michael Thomas Heyrich Newark, NJ Deborah Ann Gabry Cissy M. Rebich Morristown, NJ Deborah Ann Gabry Daniel Wesley Roslokken Midland Park, NJ Deborah Ann Gabry Marva A. Hardee-Thomas North Charleston, Deborah Ann SC Gabry

Adjourned until Thursday, June 10, 1999, at 10 o'clock.

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(JOURNAL) THURSDAY, JUNE 10, 1999 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.

Opinions

No. 98377. Q. Todd Dickinson, Acting Commissioner of Patents and Trademarks, Petitioner v. Mary E. Zurko. On writ of certiorari to the United States Court of Appeals for the Federal Circuit. Judgment re- versed, and case remanded to the United States Court of Appeals for the Federal Circuit for further proceedings in conformity with the opinion of this Court. Opinion by Justice Breyer. Dissenting opinion by The Chief Justice, with whom Justice Kennedy and Justice Ginsburg join. No. 985881. Benjamin Lee Lilly, Petitioner v. Virginia. On writ of certiorari to the Supreme Court of Virginia. Judgment reversed, and case remanded to the Supreme Court of Virginia for further proceed- ings not inconsistent with the opinion of this Court. Justice Stevens announced the judgment of the Court, and delivered the opinion of the Court with respect to Parts I, II, and VI, and an opinion with respect to Parts III, IV, and V, in which Justice Souter, Justice Ginsburg, and Justice Breyer join. Concurring opinion by Justice Breyer. Opinion by Justice Scalia concurring in part and concurring in the judgment. Opin- ion by Justice Thomas concurring in part and concurring in the judg- ment. Opinion by The Chief Justice, with whom Justice O'Connor and Justice Kennedy join, concurring in the judgment. No. 971121. City of Chicago, Petitioner v. Jesus Morales, et al. On writ of certiorari to the Supreme Court of Illinois. Judgment affirmed. Justice Stevens announced the judgment of the Court, and delivered the opinion of the Court with respect to Parts I, II, and V, and an opinion with respect to Parts III, IV, and VI, in which Justice Souter and Justice Ginsburg join. Opinion by Justice O'Connor, with whom Justice Breyer joins, concurring in part and concurring in the judg- ment. Opinion by Justice Kennedy concurring in part and concurring in the judgment. Opinion by Justice Breyer concurring in part and concurring in the judgment. Dissenting opinion by Justice Scalia. Dis- senting opinion by Justice Thomas, with whom The Chief Justice and Justice Scalia join.

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904 THURSDAY, JUNE 10, 1999 No. 971985. Ellis E. Neder, Jr., Petitioner v. United States. On writ of certiorari to the United States Court of Appeals for the Eleventh Circuit. Judgment affirmed in part, reversed in part, 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. Opinion by Justice Stevens concurring in part and concurring in the judgment. Opinion by Justice Scalia, with whom Justice Souter and Justice Ginsburg join, concurring in part and dissenting in part.

Adjourned until Monday, June 14, 1999, at 10 o'clock.

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(JOURNAL) MONDAY, JUNE 14, 1999 905 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." Certiorari-Summary Disposition No. 98477. Salvador A. Godinez, Petitioner v. Jerome White. 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 O'Sullivan v. Boerckel, 526 U. S. (1999). No. 981356. United States, Petitioner v. Levi Strauss & Company. On petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit. Petition for writ of certiorari granted. Judg- ment vacated, and case remanded to the United States Court of Ap- peals for the Federal Circuit for further consideration in light of United States v. Haggar Apparel Co., 526 U. S. (1999). No. 987353. Samuel W. Swoopes, Petitioner v. Sam Sublett, War- den, et al. On petition for writ of certiorari to the United States Court of Appeals for the Ninth 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 Ninth Circuit for further consideration in light of O'Sullivan v. Boerckel, 526 U. S. (1999). No. 988988. Matthew Hallum, Petitioner v. Iowa. On petition for writ of certiorari to the Supreme Court of Iowa. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certio- rari granted. Judgment vacated, and case remanded to the Supreme Court of Iowa for further consideration in light of Lilly v. Virginia, 527 U. S. (1999). Orders in Pending Cases No. A979. Barry Weinstein, Applicant v. Leonard Arnold, et al. Ap- plication for stay addressed to Justice Ginsburg and referred to the Court denied.

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906 MONDAY, JUNE 14, 1999 No. M74. Eldred L. Reid, Petitioner v. Tennessee. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M75. Olha Morgan, aka Olga, Petitioner v. CMS/Data Corpora- tion. 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 the Special Master for compensation and reimburse- ment of expenses granted, and the Special Master is awarded a total of $29,096.50, to be paid equally by the parties. No. 981299. New York, Petitioner v. Michael Hill. Motion for ap- pointment of counsel granted, and it is ordered that Edward J. Nowak, Esquire, of Rochester, New York, is appointed to serve as counsel for the respondent in this case. No. 989473. In Re Earthel B. Hill, Petitioner. Motion of petitioner for leave to proceed in forma pauperis denied. See Rule 39.8. Peti- tioner allowed until July 6, 1999, 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. 981648. Guy Mitchell, et al., Petitioners v. Mary L. Helms, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit granted. No. 987540. Scott Leslie Carmell, Petitioner v. Texas. Motion of petitioner for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the Court of Appeals of Texas, Second District, granted limited to Question 1 presented by the petition.

Certiorari Denied

No. 981435. Robert Pearson, et al., Petitioners v. Planned Parent- hood Margaret Sanger Clinic (Manhattan), et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Cir- cuit denied. No. 981437. Native Village of Eyak, et al., Petitioners v. William M. Daley, Secretary of Commerce. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981449. Socialist People's Libyan Arab Jamahiriya, et al., Peti- tioners v. Denice H. Rein, Executrix of the Estate of Mark Alan Rein,

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MONDAY, JUNE 14, 1999 907 Deceased, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 981460. Arbiter Systems, Inc., Petitioner v. Richard J. Danzig, Secretary of the Navy. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 981467. Malheur Lumber Company, et al., Petitioners v. Blue Mountains Biodiversity Project, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981493. Ted Herring, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 981551. Nuraini B. Abioye, Petitioner v. Sundstrand Corpora- tion. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. No. 981581. Charles Jones, Petitioner v. Donald J. Trump, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 981612. Diamond Multimedia Systems, Inc., et al., Petitioners v. Superior Court of California, Santa Clara County (Joanne Pass, et al., Real Parties in Interest). Petition for writ of certiorari to the Supreme Court of California denied. No. 981636. Blue Cross of California, et al., Petitioners v. California Superior Court, Los Angeles County, et al. Petition for writ of certio- rari to the Court of Appeal of California, Second Appellate District, denied. No. 981638. C.W. Smith, et al., Petitioners v. Gwinnett County. Peti- tion for writ of certiorari to the Supreme Court of Georgia denied. No. 981639. Susan Taylor Martin, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 981641. Tracy Ashcraft and Carolyn Ashcraft, Petitioners v. Hwa-Shain Yeh and Mayfield Neurological Institute, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 981642. Jennie Stabile, Trustee of the Stabile Family Trust Agreement dated May 1, 1990, Petitioner v. California Federal Bank, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.

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908 MONDAY, JUNE 14, 1999 No. 981643. Southmark Corporation, Petitioner v. Coopers & Ly- brand, L. L. P. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 981645. Martha D. Payne, Mother for the Minor Child, Christo- pher M. Hicks, et al., Petitioners v. Bob Churchich, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 981646. Vicky Brawner-Ahlstrom, Petitioner v. Robert J. Hus- son, et al. Petition for writ of certiorari to the Court of Appeals of Colorado denied. No. 981650. John Tyler Fuessenich, Petitioner v. Connecticut. Peti- tion for writ of certiorari to the Appellate Court of Connecticut denied. No. 981655. H. Richard Austin, Petitioner v. Hanover Insurance Company and Massachusetts Bay Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 981656. William E. Cutright, Petitioner v. Metropolitan Life Insurance Company, dba "Metlife", et al. Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied. No. 981657. Illinois, ex rel. James E. Ryan, Attorney General of Illinois, Petitioner v. James Towers. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 981659. Wen-Chouch Lin, Petitioner v. Anita C. S. Lin. Petition for writ of certiorari to the Court of Appeals of North Carolina denied. No. 981661. Fleet Bank, National Association, Petitioner v. John P. Burke, Banking Commissioner of Connecticut, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 981665. George Killinger, Warden, Petitioner v. Larry Nevers. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 981672. Robert E. Meade, Petitioner v. Pep Boys Manny Moe & Jack, Inc., et al. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied. No. 981677. John Gary Byerly, Jr., Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Portage County, denied.

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MONDAY, JUNE 14, 1999 909 No. 981679. Ray Alan Blair, Petitioner v. Nevada Department of Motor Vehicles and Public Safety. Petition for writ of certiorari to the Supreme Court of Nevada denied. No. 981681. In Re Karen Spring Day, Petitioner. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 981687. Fred Lee Cross, Petitioner v. Barbara Squire Cross. Petition for writ of certiorari to the Supreme Court of Georgia denied. No. 981727. Robert Hedrick, et al., Petitioners v. Patsy L. Hedrick, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. No. 981733. Larry Ritchie Junior, Petitioner v. Bonna Goodnight, et al. Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied. No. 981755. Berk Realty, Inc., Petitioner v. Mercer County Tax Claim Bureau. Petition for writ of certiorari to the Commonwealth Court of Pennsylvania denied. No. 981757. Solomon Upshaw, Petitioner v. Department of Trans- portation, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 981769. Sea Tow South Palm Beach, Inc., et al., Petitioners v. Boat Owners Association of the United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 981777. W. C. Bain, Jr., Director of Public Safety, Spartanburg Police Department, et al., Petitioners v. Joseph H. Norwood, etc. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 981793. Howard W. Kolb, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Ninth District, denied. No. 981809. Mariah Boats, Inc., Petitioner v. Rex Slane. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 981816. Gertrude Davis Gorod, Petitioner v. Edith Tabachnick. Petition for writ of certiorari to the Appeals Court of Massachusetts denied. No. 981832. Randall J. Lynn, 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 14, 1999 No. 981834. Kenneth W. Fultz, Petitioner v. John S. Dunn, Jr., etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 981840. Oscar Andrews, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 981841. Michael Medjuck, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981851. Jerome Berg, Petitioner v. Court of Appeal of Califor- nia, First Appellate District. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981865. Deluxe Electronic Payment Systems, Inc., Petitioner v. Mellon Bank, N. A. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 986437. Thomas L. Rung, Petitioner v. Robert W. Meyers, Superintendent, State Correctional Institution at Rockview. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 987930. Gregory A. Cason, Petitioner v. Sewall Smith, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988056. Jack T. Fredyma, Petitioner v. Lake Sunapee Bank, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 988172. Wale Ogunyileka, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988264. Loyd Edgar Hays, Petitioner v. Oregon. Petition for writ of certiorari to the Court of Appeals of Oregon denied. No. 988462. Freddie McNeill, Jr., Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 988525. Thomas Nevius, 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. 988870. Mark Earl Grove, Petitioner v. Norbert A. Nadel, Judge, Court of Common Pleas of Ohio, Hamilton County. Petition for writ of certiorari to the Supreme Court of Ohio denied.

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MONDAY, JUNE 14, 1999 911 No. 988872. Lonzo Dowtin-El, Petitioner v. Robert Kapture, War- den. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988873. Jimmy Jake Holt, Petitioner v. Tim LeMaster, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 988874. Douglas Duckworth, Petitioner v. Michael W. Moore, 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. 988875. Michael Richard D'Alessandro, Petitioner v. Willis E. Morton, Administrator, New Jersey State Prison, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988878. Michael Lawrence Pack, Petitioner v. Union Station Terminal. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 988881. James Michael Charping, Petitioner v. South Carolina. Petition for writ of certiorari to the Supreme Court of South Carolina denied. No. 988882. Ellen Paulette M. Fields, Petitioner v. Dalkon Shield Claimants Trust. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988883. William H. Krehnbrink, Petitioner v. Maryland State Department of Education, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988884. Dolores Novel, Petitioner v. Emily Salzberg. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied. No. 988886. Michael 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. 988890. Donald Arthur Loveday, Petitioner v. Michigan. Peti- tion for writ of certiorari to the Circuit Court of Michigan, Oakland County, denied. No. 988893. Jerry James Couch, Petitioner v. Georgia. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied.

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912 MONDAY, JUNE 14, 1999 No. 988899. Gary Cortez Johnson, Petitioner v. David Smith, War- den. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988903. Larry J. Budd, Petitioner v. Margaret Quick, et al. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 988904. Reginald I. Bailey, aka Ray Hill, 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 Appeals for the Fifth Circuit denied. No. 988906. Perry Olson, 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. 988910. Marvin Bishop, Petitioner v. Colorado Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 988911. Clarence Burks, Petitioner v. Ralph W. Green, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 988916. Alan Quinn Lucas, 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. 988923. Sonny Boy Oats, Petitioner v. Michael W. Moore, Secre- tary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 988927. Onofre T. Serrano, Petitioner v. S. Estrada, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988932. Javier Vazquez, Petitioner v. William D. Catoe, 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. 988933. Robert Steven Visintine, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988934. Ralph Antonio Taylor, Petitioner v. Supreme Court of California, 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 14, 1999 913 No. 988935. Stanford Paul Bryant, Petitioner v. S. Garcia, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988937. Benjamin Earl Cox, Petitioner v. Daniel L. Stieneke, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 988938. Joe Coleman, Petitioner v. Alabama. Petition for writ of certiorari to the Court of Criminal Appeals of Alabama denied. No. 988948. Desmond Morgan, Petitioner v. Linda Chapin, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 988957. Meratchew F. Serequeberhan, Petitioner v. Emmanuel Tesfaye. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 988961. Steven K. Barrett, Petitioner v. Pocatello Housing Authority, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988963. Kenneth Hickman, Petitioner v. David Moya, Warden. Petition for writ of certiorari to the Court of Appeals of Texas, Tenth District, denied. No. 989002. James Gill, Petitioner v. National Railroad Passenger Corporation, aka Amtrak, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 989021. Rodney A. Revere, Petitioner v. Burl Cain, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 989025. Jason McKinley Ward, Petitioner v. Sherman Hatcher, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 989036. Kenneth Ray Rauls, Petitioner v. Leland Linahan, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 989043. Adam's Melvin Douglas, Petitioner v. Joseph D. Leh- man, Secretary, Washington Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 989045. Michael Anthony Hunter, Petitioner v. P. R. Patel, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

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914 MONDAY, JUNE 14, 1999 No. 989102. Aaron Jerome Godette, aka Huron Muhummed Ali, Petitioner v. R & Y Management, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 989106. Robin J. Grier, Petitioner v. New Jersey. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Divi- sion, denied. No. 989110. Angelita Paglingayen, Petitioner v. Office of Personnel Management. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 989189. Donald A. Vining, Petitioner v. William J. Henderson, Postmaster General. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 989191. Curtis Leon Thomas, 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. 989225. Sherell Antonio Butler, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 989236. James L. Edwards, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Second District, denied. No. 989251. Jeffrey Walker, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 989260. Clifford Louis Noll, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 989267. Floyd Blackburn, Petitioner v. Joe R. Williams, War- den, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 989278. Sarah V. Martini, Petitioner v. Edward Rosewell, et al. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 989291. Titus Fugah, Petitioner v. Robert W. Meyers, Superin- tendent, State Correctional Institution at Rockview, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

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MONDAY, JUNE 14, 1999 915 No. 989293. Edgar Franklin France, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 989294. Donnie Strothers and William Hoyle, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 989296. David Layne Skelton, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 989297. Emory G. Snell, Jr., Petitioner v. Massachusetts. Peti- tion for writ of certiorari to the Supreme Judicial Court of Massachu- setts denied. No. 989299. Victor Rivera, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 989302. Aaron Love, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 989303. Kerry Michael Klein, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 989304. Roosevelt Jones, Petitioner v. United States; and Jo- seph Jefferson, Petitioner v. United States. Petition for writ of certio- rari to the United States Court of Appeals for the Ninth Circuit denied. No. 989306. 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. 989307. Robert M. Clements, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 989309. Tajudeen Aroworade and Olajumoke Adebimpe Hall, Petitioners v. United States; and Alberto Roa-Mora, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 989313. Peter Edwin Stuyvesant, 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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916 MONDAY, JUNE 14, 1999 No. 989316. Eric Darnell Taylor, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 989317. Rudy Williams, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 989320. Troy Upham, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 989323. Butler Johnson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 989324. Joseph Timothy Keel, Petitioner v. James B. French, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 989340. Allen Perry Soape, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 989341. Cesar Porras-Avila, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 989343. Anthony Navarro, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 989348. Leslie Toevs, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 989351. Timothy R. Owens, Petitioner v. Maryland. Petition for writ of certiorari to the Court of Appeals of Maryland denied. No. 989356. Robert Calvin Maxwell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 989359. Paul James Taylor, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 989361. Tom Austin, 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 14, 1999 917 No. 989362. Herta Wittgenstein, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 989363. Kevin Patrick Robinson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 989364. Antonio Rosario, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 989365. Robert R. Wightman, Petitioner v. Texas. Petition for writ of certiorari to the Supreme Court of Texas denied. No. 989367. Carl Wells, Petitioner v. City of New York, et al. Peti- tion for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied. No. 989368. Domingo Salas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 989372. Edgar Porras-Cano, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 989373. Clarence O'Neal, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 989374. Hollis Nathaniel Ross, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 989376. Gregory Lee Lawrence, Petitioner v. Ronald F. Moats, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 989379. Jose Homero Cavazos-Ortiz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 989380. Howard Armstrong, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 989397. Sammy Dyer, 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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918 MONDAY, JUNE 14, 1999 No. 989399. Rosalio Carrillo Gascon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 989401. Ernie Ray Holley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 989405. Victor Manuel Gutierrez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 989412. Celso Arturo Martinez-Jaramillo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 981509. Columbia Union College, Petitioner v. Edward O. Clark, Jr., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Dissenting opinion by Justice Thomas. No. 981533. Charles J. Hynes, District Attorney of Kings County, New York, et al., Petitioners v. Albert Tomei, Justice, Supreme Court of New York, Kings County, et al. Motion of respondent Angel Mateo for leave to proceed in forma pauperis granted. Motion of respondent Michael Hale for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the Court of Appeals of New York denied. No. 981673. Smedvig Tankships, Ltd., et al., Petitioners v. Nestor Abuan, Guardian on Behalf of Carlos Valdez. Motion of Norwegian Shipowners' Association for leave to file a brief as amicus curiae granted. Petition for writ of certiorari to the Court of Appeal of Louisi- ana, Fourth Circuit, denied. No. 981790. James E. Pietrangelo, II, Petitioner v. United States Senate. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit before judgment denied. The Chief Jus- tice took no part in the consideration or decision of this petition.

Habeas Corpus Denied No. 989500. In Re Alfred Lee Mauldin, Petitioner. Petition for writ of habeas corpus denied.

Mandamus Denied

No. 981821. In Re Frank Paul Lukacs, Petitioner. Petition for writ of mandamus denied.

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MONDAY, JUNE 14, 1999 919 Rehearings Denied

No. 981370. Anthony William Carreras, Petitioner v. United States; No. 981379. Jorge A. Lentino and Eduardo P. Lentino, Petitioners v. Lowell T. Cage; No. 981380. Marta A. Lentino, Petitioner v. Lowell T. Cage; No. 981398. Michael Harris Weisser, Petitioner v. Florida Bar; No. 987982. Harold L. Owens, Sr., Petitioner v. Helen A. Livergood, et al.; No. 988178. Geneve Baley, Petitioner v. Ford Motor Company; No. 988281. William Earl Cunningham, Petitioner v. Leslie Woods, Warden, et al.; No. 988291. Ahmad Shayesteh, Petitioner v. United States; No. 988319. Joan Cavalieri-Conway, Petitioner v. California Board of Equalization, et al.; No. 988375. Frederick Ramone Whatley, Petitioner v. Georgia; No. 988385. Edward J. Robinson, Petitioner v. United States; and No. 988391. Truman Williams, Petitioner v. Kenneth S. Apfel, Com- missioner of Social Security, et al. Petitions for rehearing denied. No. 987668. Brenda L. Turner, Petitioner v. Utah Department of Workforce Services, et al. Motion for leave to file a petition for rehear- ing denied.

Attorney Discipline

No. D2081. In the Matter of Disbarment of James Lee Berfield. James Lee Berfield, of St. Petersburg, 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. D2082. In the Matter of Disbarment of Andrew M. Lopez. An- drew M. Lopez, 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.

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

David M. Alexander Saginaw, MI Kerry Duane Alexander

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920 MONDAY, JUNE 14, 1999

Applicant City and State Movant Margaret C. Bell San Diego, CA James J. Mcmullen, Jr. Mary Lynne Birck Batavia, OH Judge Timothy S. Hogan Allan Scott Bloom New York, NY Jeffrey L. Liddle Kristen L. Brightmire Tulsa, OK Paul W. Brightmire Craig Lewis Caesar New Orleans, LA B. Franklin Martin, III Mitchell Alan Chalpin Phoenix, AZ Edward F. Lowry, Jr. Gregory Bond Coe Morton, PA Stephanie Lyn Stephens Julia R. Cohen New York, NY Sherman S. Cohen Matthew Brian Conover Seattle, WA David Louis Garrison Renee Louise Giachino Gulf Breeze, FL Erik S. Jaffe Stuart S. Greenfeig Rockville, MD Jeffrey Martin Schwaber Mark G. Hall Burlington, VT Alan David Port Ann Hopkins Oakland, CA Barry P. Helft Daniel A. Horowitz Oakland, CA Martin Garbus Christopher E. Howe Fort Worth, TX Donald E. Herrmann Gregory N. Jones Houston, TX James P. Simpson, Jr. Jose M. Biaggi Junquera Mayaguez, PR Luis Roberto Santos Craig A. Kubiak Green Bay, WI Herbert C. Liebmann, III Jose M. Biaggi Landro´n Mayaguez, PR Luis Roberto Santos Francisco J. Biaggi Landron Mayaguez, PR Luis Roberto Santos George Stephen LeMieux Fort Lauderdale, Davis W. Duke, Jr. FL John T. Longino Ellijay, GA Edwin Marger Gregory Fisher Lord Sterling Heights, James W. Burdick MI

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MONDAY, JUNE 14, 1999 921

Applicant City and State Movant Rosalee Miller McNamara Kansas City, MO Jonathan R. Haden Carmen Olga Merino Glendale, CA Scott H. Howard Joseph Posner Encino, CA John David Weiss Richard M. Reice New York, NY Lyman Russell Mitten, II Robert G. Scott Lenexa, KS Stephen G. Mirakian G. Dana Scruggs, III Santa Cruz, CA Dennis J. Kehoe Paul Frederick Shoemaker Minneapolis, MN Jordan Woodard Lorence David Andrew Stampley New York, NY Pamela S. Karlan

Recess Order

The Court will take a recess from Monday, June 14, 1999, until Thurs- day, June 17, 1999. Opinions

No. 98238. Togo D. West, Jr., Secretary of Veterans Affairs, Peti- tioner v. Michael Gibson. 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 Breyer. Dissenting opinion by Justice Ken- nedy, with whom The Chief Justice, Justice Scalia, and Justice Thomas join. No. 98727. Teresa L. Cunningham, Petitioner v. Hamilton County, Ohio. On writ of certiorari to the United States Court of Appeals for the Sixth Circuit. Judgment affirmed. Opinion by Justice Thomas. Con- curring opinion by Justice Kennedy. No. 98387. Greater New Orleans Broadcasting Association, Inc., etc., et al., Petitioners v. United States, 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 Stevens. Concurring opinion by The Chief Justice. Opinion by Justice Thomas concurring in the judgment.

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922 MONDAY, JUNE 14, 1999 Admissions to the Bar on Oral Motions Applicant City and State Movant John Brockman Arnett, Sr. North Potomac, Kurt Shaffert MD Charles Benjamin Kaiser, St. Louis, MO Charles B. Kaiser, III Jr. Richard E. Lord Reynoldsburg, OH Thomas R. Boland Leslie Jo Hagin Seattle, WA Lawrence S. Ottinger Michael Craig Subit Seattle, WA Lawrence S. Ottinger Ivan J. Ackerman Waverly, IA Honorable Seth P. Waxman, Solicitor General of the United States David D. Beckman Burlington, IA Honorable Seth P. Waxman, Solicitor General of the United States Nicholas Critelli, III Des Moines, IA Honorable Seth P. Waxman, Solicitor General of the United States Rustin Thomas Davenport Mason City, IA Honorable Seth P. Waxman, Solicitor General of the United States Tom L. Drew Des Moines, IA Honorable Seth P. Waxman, Solicitor General of the United States Lance David Ehmcke Sioux City, IA Honorable Seth P. Waxman, Solicitor General of the United States

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MONDAY, JUNE 14, 1999 923

Applicant City and State Movant Henry L. Elwood Cresco, IA Honorable Seth P. Waxman, Solicitor General of the United States A. J. Flickinger Independence, IA Honorable Seth P. Waxman, Solicitor General of the United States Harlan Max Hockett Des Moines, IA Honorable Seth P. Waxman, Solicitor General of the United States Joseph Laverty Davenport, IA Honorable Seth P. Waxman, Solicitor General of the United States Gerald R. Monk Grundy Center, Honorable Seth P. IA Waxman, Solicitor General of the United States Daryl E. Roberts Independence, IA Honorable Seth P. Waxman, Solicitor General of the United States Janice Hanrahan Roemer Davenport, IA Honorable Seth P. Waxman, Solicitor General of the United States Mark J. Schouten Orange City, IA Honorable Seth P. Waxman, Solicitor General of the United States

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924 MONDAY, JUNE 14, 1999

Applicant City and State Movant Penelope Crowl Souhrada Le Claire, IA Honorable Seth P. Waxman, Solicitor General of the United States Charles Daniel Allen Chicago, IL Timothy L. Bertschy Richard J. Aronson Chiago, IL Timothy L. Bertschy Kelly J. Bagley Springfield, IL Timothy L. Bertschy Edward Bartosch Chicago, IL Timothy L. Bertschy Ruth R. Ben-Abraham Bloomington, IL Timothy L. Bertschy Joseph A. Bongiorno Wheaton, IL Timothy L. Bertschy Anne Marie Louise Brunner Skokie, IL Timothy L. Bertschy Kevin John Conlon Flossmoor, IL Timothy L. Bertschy Michael Jason Cummins St. Louis, MO Timothy L. Bertschy Paul M. Daugerdas Chicago, IL Timothy L. Bertschy Joseph Antonio Del Campo Chicago, IL Timothy L. Bertschy Martin A. Dolan Chicago, IL Timothy L. Bertschy James Michael Drozdz Springfield, IL Timothy L. Bertschy Kristen Elise Fligel Decatur, IL Timothy L. Bertschy Ann Alice Gould Arlington Timothy L. Heights, IL Bertschy Jeffery James Hawkins Decatur, IL Timothy L. Bertschy Elmer C. Hawkins Decatur, IL Timothy L. Bertschy

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MONDAY, JUNE 14, 1999 925

Applicant City and State Movant Patricia Glories Hughes Schaumburg, IL Timothy L. Bertschy Edwin I. Josephson Chicago, IL Timothy L. Bertschy William M. Koziol Morton Grove, IL Timothy L. Bertschy Calvin K. Manshio Chicago, IL Timothy L. Bertschy Raquel Garcia Martinez Chicago, IL Timothy L. Bertschy Brian Richard McKillip Glen Ellyn, IL Timothy L. Bertschy Kevin H. Millon Wheaton, IL Timothy L. Bertschy James J. Morici, Jr. Chicago, IL Timothy L. Bertschy Clare McEnery Napleton Chicago, IL Timothy L. Bertschy Robert J. Napleton Chicago, IL Timothy L. Bertschy Cheryl I. Niro Chicago, IL Timothy L. Bertschy Michael A. O'Brien Wheaton, IL Timothy L. Bertschy Christine Marie Ory Wheaton, IL Timothy L. Bertschy Stewart C. Orzoff Northbrook, IL Timothy L. Bertschy Robert Brent Plager Freeport, IL Timothy L. Bertschy Carol Boris Ploog Palos Heights, IL Timothy L. Bertschy Mark William Schwiebert Rock Island, IL Timothy L. Bertschy Barbara Olsen Slanker Champaign, IL Timothy L. Bertschy Robert W. Smith Hillside, IL Timothy L. Bertschy

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926 MONDAY, JUNE 14, 1999

Applicant City and State Movant

Larry E. Smith Bellwood, IL Timothy L. Bertschy Paul A. Smolinski Palos Heights, IL Timothy L. Bertschy David Stevens Mattoon, IL Timothy L. Bertschy Lawrence Watius Terrell Chicago, IL Timothy L. Bertschy Richard Joseph Vavra Berwyn, IL Timothy L. Bertschy Peggy C. Wallace Chicago, IL Timothy L. Bertschy Newell Elliott Cumming San Diego, CA Peter Paul Weidenbruch, Jr. James C. Schmitz North Oaks, MN Peter Paul Weidenbruch, Jr. Pablo Marcelo Zylberglait Arlington, VA Peter Paul Weidenbruch, Jr. Suzanne Donnelly Kitchings Essex, CT Peter Paul Weidenbruch, Jr. Kenneth Richards Adams Washington, DC Peter Paul Weidenbruch, Jr. James V. Blair Washington, DC Peter Paul Weidenbruch, Jr. Mitchell J. Bragin Washington, DC Peter Paul Weidenbruch, Jr. David J. Frantz Washington, DC Peter Paul Weidenbruch, Jr. Karen A. Hammer Washington, DC Peter Paul Weidenbruch, Jr.

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MONDAY, JUNE 14, 1999 927

Applicant City and State Movant Dona M. Kilpatrick Washington, DC Peter Paul Weidenbruch, Jr. Lucius B. Lau Washington, DC Peter Paul Weidenbruch, Jr. Ron L. Magnus Washington, DC Peter Paul Weidenbruch, Jr. Kevin R. McCarthy Washington, DC Peter Paul Weidenbruch, Jr. Jennifer Keefe McKee Washington, DC Peter Paul Weidenbruch, Jr. John Gladstone Mills, III Washington, DC Peter Paul Weidenbruch, Jr. Alan George Paez Washington, DC Peter Paul Weidenbruch, Jr. Melissa Grace Reinberg Washington, DC Peter Paul Weidenbruch, Jr. Neil M. Robinson Washington, DC Peter Paul Weidenbruch, Jr. Tanya Myriam Rowe Louisville, KY Peter Paul Weidenbruch, Jr. Andrew W. Stephenson Washington, DC Peter Paul Weidenbruch, Jr. Dion Austin Sullivan Washington, DC Peter Paul Weidenbruch, Jr. Alicia Arleen Terry Washington, DC Peter Paul Weidenbruch, Jr.

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928 MONDAY, JUNE 14, 1999

Applicant City and State Movant Kathleen Elizabeth Troy Washington, DC Peter Paul Weidenbruch, Jr. Francis Xavier Sexton, Jr. Miami, FL Peter Paul Weidenbruch, Jr. Kimberly S. Bahna Chicago, IL Peter Paul Weidenbruch, Jr. Jonathan Clark Green Chicago, IL Peter Paul Weidenbruch, Jr. John W. Bowers Fort Wayne, IN Peter Paul Weidenbruch, Jr. Michael Alan Brown Baltimore, MD Peter Paul Weidenbruch, Jr. Garrett LaMont Lee Washington, DC Peter Paul Weidenbruch, Jr. Kimberly Ann Pace Washington, DC Peter Paul Weidenbruch, Jr. Eric Eliot Silagy The Woodlands, Peter Paul TX Weidenbruch, Jr. Terrence Mark Ranko Zic Darnestown, MD Peter Paul Weidenbruch, Jr. Ted Zangari Newark, NJ Peter Paul Weidenbruch, Jr. Vanessa Mara Burdick New York, NY Peter Paul Weidenbruch, Jr. Suprio Chaudhuri New York, NY Peter Paul Weidenbruch, Jr.

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MONDAY, JUNE 14, 1999 929

Applicant City and State Movant Darlene B. Fairman New York, NY Peter Paul Weidenbruch, Jr. Alejandro J. Matamoros New York, NY Peter Paul Weidenbruch, Jr. Brent Allen Austin Guthrie, OK Peter Paul Weidenbruch, Jr. Joseph A. Bellinghieri West Chester, PA Peter Paul Weidenbruch, Jr. Henry Wolfgang Carter Monterey, CA Peter Paul Weidenbruch, Jr. Marianne Helen Duffy Eastchester, NY Peter Paul Weidenbruch, Jr. Bruce Gamble Washington, DC Peter Paul Weidenbruch, Jr. Samuel L. Jefferson, Jr. Washington, DC Peter Paul Weidenbruch, Jr. Sheryl Jean Wilkerson Washington, DC Peter Paul Weidenbruch, Jr. Lucille Saundra Parrish Upper Marlboro, Peter Paul White MD Weidenbruch, Jr. Arthur E. Whitmer Houston, TX Peter Paul Weidenbruch, Jr. Charles A. Jones Springfield, VA Peter Paul Weidenbruch, Jr.

Adjourned until Thursday, June 17, 1999, at 10 o'clock.

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930 MONDAY, JUNE 14, 1999 Certiorari Denied No. 989674. Douglas Christopher Thomas, Petitioner v. John Tay- lor, 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) TUESDAY, JUNE 15, 1999 931 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. 989805. In Re Bruce Kilgore, 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) WEDNESDAY, JUNE 16, 1999 933 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. 989788. Joseph Stanley Faulder, Petitioner v. Texas Board of Pardons and Paroles, 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 to the United States Court of Appeals for the Fifth Circuit denied.

Habeas Corpus Denied

No. 989825. In Re Michael Kent Poland, 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.

Certiorari Denied

No. 989819. Michael Kent Poland, Petitioner v. Arizona. Applica- tion 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.

Certiorari Denied

No. 989832. Michael Kent Poland, Petitioner v. Terry L. Stewart, Director, Arizona Department of Corrections, 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.

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934 WEDNESDAY, JUNE 16, 1999 Habeas Corpus Denied No. 989836. In Re Michael Kent Poland, 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.

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(JOURNAL) THURSDAY, JUNE 17, 1999 935 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. 98231. Grupo Mexicano de Desarrollo, S. A., et al., Petitioners v. Alliance Bond Fund, Inc., et al. 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 Sec- ond Circuit for further proceedings in conformity with the opinion of this Court. Opinion by Justice Scalia. Dissenting opinion by Justice Ginsburg, with whom Justice Stevens, Justice Souter, and Justice Breyer join. No. 98369. National Aeronautics and Space Administration, etc., et al., Petitioners v. Federal Labor Relations Authority, et al. On writ of certiorari to the United States Court of Appeals for the Eleventh Cir- cuit. Judgment affirmed. Opinion by Justice Stevens. Dissenting opin- ion by Justice Thomas, with whom The Chief Justice, Justice O'Connor, and Justice Scalia join. No. 985864. Tommy David Strickler, Petitioner v. Fred W. Greene, Warden. On writ of certiorari to the United States Court of Appeals for the Fourth Circuit. Judgment affirmed. Opinion by Justice Stevens. Opinion by Justice Souter, with whom Justice Kennedy joins as to Part II, concurring in part and dissenting in part.

Adjourned until Monday, June 21, 1999, at 10 o'clock.

Certiorari Denied

No. 989837. Joseph Stanley Faulder, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division, 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 to the United States Court of Appeals for the Fifth Circuit.

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936 THURSDAY, JUNE 17, 1999 Order in Pending Case No. A1083. Brian Keith Baldwin, Applicant v. Alabama. Application for stay of execution of sentence of death presented to Justice Kennedy and by him referred to the Court denied.

Habeas Corpus Denied No. 989850. In Re Brian Keith Baldwin, 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.

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(JOURNAL) MONDAY, JUNE 21, 1999 937 SUPREME COURT OF THE UNITED STATES

Present: Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Jus- tice 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. 981062. Maryland, Petitioner v. Kevin Darnell Dyson. On peti- tion for a writ of certiorari to the Court of Special Appeals of Mary- land. Petition for a writ of certiorari granted. Judgment reversed, and case remanded to the Court of Special Appeals of Maryland for further proceedings not inconsistent with the opinion of this Court. Opinion per curiam. Dissenting opinion by Justice Breyer, with whom Justice Stevens joins. No. 988952. Mary Koegel Fertel-Rust, Petitioner v. Milwaukee County Mental Health Center, et al. On motion for leave to proceed in forma pauperis. The motion of petitioner for leave to proceed in forma pauperis is denied. See Rule 39.8. Petitioner is allowed until July 12, 1999, 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. 971988. Carmen Reogas, et al., Petitioners v. Jimmy 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 Faragher v. City of Boca Raton, 524 U. S. 775 (1998), and 11 U. S. C. Sec. 362. Justice Scalia would grant the petition for a writ of certiorari, and vacate the judgment below. Costs under Rule 43.2 are not allowed. No. 981332. Bruce Babbitt, Secretary of the Interior, Petitioner v. Sylvia Crawford. 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

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938 MONDAY, JUNE 21, 1999 States Court of Appeals for the Eleventh Circuit for further consider- ation in light of West v. Gibson, 527 U. S. (1999). No. 986678. Edward Lemons, Petitioner v. North Carolina. On peti- tion for writ of certiorari to the Supreme Court of North Carolina. Motion of petitioner for leave to proceed in forma pauperis and peti- tion for writ of certiorari granted. Judgment vacated, and case re- manded to the Supreme Court of North Carolina for further consider- ation in light of Lilly v. Virginia, 527 U. S. (1999). No. 988363. Paul A. Smith, Petitioner v. Ohio. On petition for writ of certiorari to the Court of Appeals of Ohio, Cuyahoga County. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari granted. Judgment vacated, and case remanded to the Court of Appeals of Ohio, Cuyahoga County, for further consider- ation in light of Lilly v. Virginia, 527 U. S. (1999).

Orders in Pending Cases

No. M76. Anand P. Agarwal, et ux., Petitioners v. Rhonald Morris, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. 126, Original. State of Kansas, Plaintiff v. State of Nebraska and State of Colorado. Motion to strike Nebraska's counterclaim de- nied. Nebraska granted leave to file a motion to dismiss, in the nature of a motion under Rule 12(b)(6), Federal Rules of Civil Procedure, lim- ited to the question whether the Republican River Compact restricts a State's consumption of groundwater. If such a motion is filed, the parties shall then brief the legal issue. The motion and opening brief of Nebraska shall be filed on or before 45 days from the date of this order. Kansas' brief shall be filed within 30 days thereafter, after which Nebraska may promptly file a reply brief. Further consideration of the motion for appointment of a Special Master is deferred. No. 981932. George Pataki, Governor of New York, et al., Petition- ers v. Louis Grumet, et al. Application for stay presented to Justice Ginsburg and by her referred to the Court granted and it is ordered that the judgment of the Court of Appeals of New York, case No. 38, dated May 11, 1999, is stayed pending the disposition of the petition for writ of certiorari. Should the petition for writ of certiorari be de- nied, this stay shall terminate automatically. In the event the petition for writ of certiorari is granted, the stay shall continue pending the issuance of the mandate of this Court.

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MONDAY, JUNE 21, 1999 939 No. 988970. Aaron Holsey, Petitioner v. Director of Classification for Division of Corrections, et al. Motion of petitioner for leave to pro- ceed in forma pauperis denied. See Rule 39.8. Petitioner allowed until July 12, 1999, 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. 981682. United States, et al., Appellants v. Playboy Entertain- ment Group, Inc. Appeal from the United States District Court for the District of Delaware. In this case probable jurisdiction noted.

Certiorari Granted No. 981255. United States, Petitioner v. Abel Martinez-Salazar. 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 granted.

Certiorari Denied No. 971892. Paul A. Bilzerian, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 98495. Edward A. Johnson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 981041. Gerald Whitburn, Secretary, Wisconsin Department of Health and Family Services, et al., Petitioners v. Patrick Addis, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 981089. Hamilton Amusement Center, ta Video Express, et al., Petitioners v. Peter Verniero, Attorney General of New Jersey, et al. Petition for writ of certiorari to the Supreme Court of New Jersey denied. No. 981273. Fred Van Dyken, 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. 981324. Mitchell Swartz, Petitioner v. Internal Revenue Serv- ice, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.

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940 MONDAY, JUNE 21, 1999 No. 981330. Appalachian Power Company, et al., Petitioners v. En- vironmental Protection Agency, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 981481. Norman P. Koster, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 981495. Christian Chiejina, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Third District, denied. No. 981505. Jesus Manuel Frias-Munoz, Petitioner v. Madeline K. Albright, Secretary of State. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981511. City of Auburn, Petitioner v. United States, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981666. City of Santa Maria, et al., Petitioners v. Esperanza Ruiz, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981670. Elisa Lozano, a Minor, By and Through Her Guardian Ad Litem, Effrain Landeros, et al., Petitioners v. Toyota Motor Corpo- ration, et al. Petition for writ of certiorari to the Court of Appeal of California, Third Appellate District, denied. No. 981685. George R. Harker, Petitioner v. University Profession- als of Illinois, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 981690. Cynthia A. Fellencer, Petitioner v. Penobscot Nation. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 981691. Quinton Dryden, et al., Petitioners v. Madison County. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 981699. David P. Hoult, Petitioner v. Jennifer Hoult. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 981722. Bawol Cabiri, et ux., Petitioners v. Government of the Republic of Ghana. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 981764. Robert Patis, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied.

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MONDAY, JUNE 21, 1999 941 No. 981766. Willie Colwell, Jr., Petitioner v. Indiana. Petition for writ of certiorari to the Court of Appeals of Indiana, First District, denied. No. 981776. Edwardo Rivera, Petitioner v. Sheriff, Cook County. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 981798. Thomas Johnston, Petitioner v. Twenty Grand Off- shore, Inc., et al. Petition for writ of certiorari to the Court of Appeal of Louisiana, First Circuit, denied. No. 981852. Jack R. Finnegan, Petitioner v. Monte Kruse, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981855. James Franklin Gibson, Petitioner v. Rodney Slater, Secretary of Transportation. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981858. Donna Marie Betts, Petitioner v. Container Corpora- tion of America. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 981861. Mario Ruiz Massieu, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 981868. Rose Marie Davison, 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. 981870. United Stationers, Inc., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 981871. Billy Dalton Frost, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 981874. Joseph Vendetto, Petitioner v. Sonat Offshore Drilling, Inc. Petition for writ of certiorari to the Supreme Court of Louisiana denied. No. 986111. Robert James Robinson, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. No. 987805. Derrick Thomas and Jason A. Scott, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

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942 MONDAY, JUNE 21, 1999 No. 987987. Donald Gunsby, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Fifth District, denied. No. 988193. Shane Kimbrell, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988201. Baron Veradell Pinson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 988373. Terry Hunter McCoy, 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. 988522. Lewis Thomas, III, 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. 988715. Stanton T. Story, Petitioner v. Tom Kindt, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 988724. Carlton E. Wilson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 988758. Sonya Evette Singleton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 988947. Larry Eugene Hutcherson, aka Larry Eugene Bonner, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. No. 988964. John Scott Hartline, Petitioner v. Margaret C. Ham- brick, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988966. Dennis Ray Graves, Petitioner v. Leota Williams. Peti- tion for writ of certiorari to the Supreme Court of Virginia denied. No. 988967. Ernest Davis, Petitioner v. Carol Howes, Warden. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988969. Marcus R. Foreman, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, Fourth District, denied.

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MONDAY, JUNE 21, 1999 943 No. 988971. Roderick Howard, Petitioner v. Michael Land, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 988975. Brian Darnell Edwards, Petitioner v. California. Peti- tion for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 988976. Anthony Dunn, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Third Judicial Department, denied. No. 988977. Stacy Hawkins, Petitioner v. R. William Schooley, et al. Petition for writ of certiorari to the Court of Appeals of Michigan denied. No. 988978. Stacy Hawkins, Petitioner v. Michigan Department of Corrections. Petition for writ of certiorari to the Court of Appeals of Michigan denied. No. 988979. Andre Green, Petitioner v. David L. Trippett, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988983. James Rives, Petitioner v. County of Monmouth, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 988985. James Eugene Evans, Petitioner v. Eddie Ylst, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 988990. Ricky Graham, Petitioner v. Margaret Quick. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 988995. Steven A. Thomas, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appel- late District, denied. No. 989010. Pablo Melendez, Jr., Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 989015. Robert Morales, Petitioner v. Ivalee Henry, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 989017. George Mallard, Petitioner v. Larry Fields. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

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944 MONDAY, JUNE 21, 1999 No. 989020. Terry Melvin Sims, Petitioner v. Michael W. Moore, Secretary, Florida Department of Corrections. Petition for writ of cer- tiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied. No. 989022. Druce D. Walker, Petitioner v. Quincy Cooper, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 989029. Paul Lumbef, Petitioner v. Arden Fair Apartments, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 989032. Paul Lumbef, Petitioner v. Stanford Medical Group, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 989033. Michael Middleton, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 989034. Joseph McCastle Jackson, Petitioner v. United States District Court for the Western District of Oklahoma. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Cir- cuit denied. No. 989051. Christopher F. Padavich, Petitioner v. John A. Tha- lacker, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 989053. Molly Lynn Stinnette Barrett, Petitioner v. Dalkon Shield Claimants Trust. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 989059. Kevin D. Burckhalter, 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. 989062. Kevin Jordan, aka Kelvin L. Jordan, Petitioner v. Mis- sissippi. Petition for writ of certiorari to the Supreme Court of Missis- sippi denied. No. 989078. Thomas C. Bowling, Jr., Petitioner v. Kentucky. Peti- tion for writ of certiorari to the Supreme Court of Kentucky denied. No. 989082. Emma Taylor, Petitioner v. Society of St. Vincent De- Paul, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 989089. William Carter Brooks, Petitioner v. M. K. Madding, Warden, 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 21, 1999 945 No. 989092. Neal Schleeper, Petitioner v. Missouri. Petition for writ of certiorari to the Supreme Court of Missouri denied. No. 989094. Oscar Franklin Smith, Petitioner v. Tennessee. Petition for writ of certiorari to the Court of Criminal Appeals of Tennessee, Middle Division, denied. No. 989160. Warren Lowery, Petitioner v. Charles Greiner, Super- intendent, Sing Sing Correctional Facility. Petition for writ of certio- rari to the United States Court of Appeals for the Second Circuit denied. No. 989197. Charles E. Syvertson, Petitioner v. Don Hukee. Peti- tion for writ of certiorari to the District Court of North Dakota, Rich- land County, denied. No. 989201. Bobby Sheppard, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 989233. Freddie Elrod, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied. No. 989256. James Shane Richardson, 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. 989305. Alfred Mancuso, Petitioner v. Victor Herbert, Superin- tendent, Collins Correctional Facility. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 989318. Melvin Lee White, Jr., Petitioner v. North Carolina. Petition for writ of certiorari to the Supreme Court of North Caro- lina denied. No. 989331. Kevin M. Cardwell, Petitioner v. Rick Watkins. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 989344. John Lionel Neal, Petitioner v. Alabama. Petition for writ of certiorari to the Supreme Court of Alabama denied. No. 989350. Rosita Faustino Vergara, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 989355. Kevin Lynch, 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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946 MONDAY, JUNE 21, 1999 No. 989357. Miguel Taylor, Petitioner v. Janet Reno, Attorney Gen- eral, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 989358. Anthony Williamson, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 989366. Eduardo Valdez-Mosqueda, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 989378. Kevin Keith, Petitioner v. Ohio. Petition for writ of certiorari to the Court of Appeals of Ohio, Crawford County, denied. No. 989386. Richard Lewis Beckwith, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 989394. George Asamoah, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 989398. Antonio Hernandez, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 989403. William Grant, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 989414. Michael Joseph Kirkpatrick, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 989418. Curtis D. Ables, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 989419. Miguel Angel Araiza, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 989427. Robert L. Brown, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 989429. Patrick Carlos Britton, 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, JUNE 21, 1999 947 No. 989432. Theresa Laverne Little, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 989433. Perry A. McCullough, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 989434. Raul Armando Piloto, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 989435. Juan Manuel O'Campo, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 989436. Oscar L. Prather, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 989439. Samuel Cole, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 989445. Lamont Davis, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 989446. Joel Hernandez, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 989449. Harry L. Fore, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 989452. Anthony Gordon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 989453. Francis T. Deutsch, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 989454. Gary William Holt, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 989455. Gerald Marshal Payne, 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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948 MONDAY, JUNE 21, 1999 No. 989456. Darius Kiowa Perkins, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 989458. Savely Petreykov and William Pikulin, Petitioners v. City of New York. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 989460. Yon Clameche Snyder, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 989461. Charles Gary Henry, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 989462. Larry D. Hall, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 989464. Joseph Patrick Robinson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 989472. Jimmie Dale Helms, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 989474. Julio Alberto Escobar, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 989476. Ralph Ernest, aka Sincere Ernest, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 989481. Mauricio Lopez Howell, aka LoBo, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 989487. Gerald Howard, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 989488. Felipe Gomez-Salinas, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 989493. Troy Lamont Cheese, 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, JUNE 21, 1999 949 No. 989494. Michael J. Bostic, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 989496. James W. Chambers, 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. 989497. Jeremy Wilson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 989498. Clifford Laihben, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 989499. Keith Moore, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 989501. Richard F. McCue, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 989508. Marcial Quintanilla, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 989512. Daniel Cyprowski, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 989513. Edward Turner, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 989518. Bruce Roberts, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 989519. Rodorrio Wells, Petitioner v. United States. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 989524. Vincent J. Cling, 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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950 MONDAY, JUNE 21, 1999 No. 989529. Michael O. Gordon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 989531. Raymond Jerome Francis, aka Raymond Rudone Ram- sey, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 989533. Terrence Eugene Goodson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 989554. Harrison M. Marcum, Petitioner v. Judy P. Smith, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied.

Habeas Corpus Denied

No. 989514. In Re Joseph E. Taylor, Petitioner. Petition for writ of habeas corpus denied.

Rehearings Denied

No. 988109. Byron Lowery, Petitioner v. Florida; No. 988379. Alexander Paul, Petitioner v. United States; No. 988414. Walter E. Childress, Petitioner v. Appalachian Power Company; and No. 988453. Rayford L. Gardner, Petitioner v. Kentucky. Petitions for rehearing denied.

Attorney Discipline

No. D2051. In the Matter of Disbarment of John All Burgess. Dis- barment order entered. No. D2057. In the Matter of Disbarment of James C. Lucas. Disbar- ment order entered. No. D2083. In the Matter of Disbarment of Roger C. Goble. Roger C. Goble, of Arlington 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. D2084. In the Matter of Disbarment of Paul D. Giamanco. Paul D. Giamanco, of Mt. Vernon, Illinois, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days,

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MONDAY, JUNE 21, 1999 951 requiring him to show cause why he should not be disbarred from the practice of law in this Court. No. D2085. In the Matter of Disbarment of Chris Maglaras, Jr. Chris Maglaras, Jr., of Las Vegas, Nevada, 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. D2086. In the Matter of Disbarment of Stephen L. Smith. Ste- phen L. Smith, of Gulfport, Mississippi, 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. D2087. In the Matter of Disbarment of Mercer Randall Peek. Mercer Randall Peek, of Conyers, Georgia, 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. D2088. In the Matter of Disbarment of John Edwards Robins, Jr. John Edwards Robins, Jr., of Hampton, 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.

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

Stephen J. Bird Rochester, NY Edward John Nowak Nanci Snow Bockelie Salt Lake City, Paul T. Moxley UT Michael James Brown Jackson, MS Thomas L. Zebert Lisa Ann Buechler Lincoln, NE Wm. Bradford Reynolds William Adley Calhoun, II Irvine, CA Daniel M. Livingston Nathaniel M. Collier, III Colonial Heights, Neil Kuchinsky VA Ronald G. Dunn Albany, NY Mark T. Walsh John Patrick Elwood Alexandria, VA Nathan Lewin Blake C. Erskine, Jr. Austin, TX Blake C. Erskine

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952 MONDAY, JUNE 21, 1999

Applicant City and State Movant Aline Fairweather Philadelphia, PA Arthur E. Newbold, IV Jerry L. Freedman Los Angeles, CA Gordon E. Krischer Lawrence B. Friedman New York, NY Richard F. Ziegler Joanne Feinberg Goldstein Boston, MA Jonathan P. Hiatt George G. Gordon Philadelphia, PA Arthur E. Newbold, IV Robert T. Greig New York, NY Richard F. Ziegler Kirk James Henderson Pittsburgh, PA Christine M. Selden Anne Baudino Holton Denver, CO William Ellsworth Walters, III Sandra Sue Jaggard Miami, FL Richard B. Martell William Rowland Jerles, Jr. Perry, GA Tom W. Daniel Carey Thompson Jones Denham Springs, A. Edward Hardin LA Joseph E. Jones Omaha, NE Joseph K. Meusey Craig D. Joyce Denver, CO Michael A. Williams Darla J. Keck Missoula, MT Milton Datsopoulos James P. Lambert Lafayette, LA Lawrence Neil Curtis Jacques LeBoeuf Oakland, CA Peter W. Davis David Lew San Francisco, CA Timothy Graves Laddish Nestor Lobodiak Iowa City, IA Tom J. Riley Patricia Lofton Los Angeles, CA Ellis J. Horvitz Ronald B. MacDonald Missoula, MT Milton Datsopoulos Michael Patrick MacHarg Chicago, IL W. Gary Vause Judy Fulmer Madewell San Antonio, TX Lucien Benton Campbell Peter Drake Mann Little Rock, AR John W. Nields, Jr. Penny Broughton Oklahoma City, Timothy Andrews McCracken OK Brauer Steven Hume McFarlane Louisburg, NC Pressly McAuley Millen Gary Alan Mitchell Northridge, CA Ara Aghishian

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MONDAY, JUNE 21, 1999 953

Applicant City and State Movant Michael John Mooney Omaha, NE Joseph Kenneth Meusey John Dennis Murnane New York, NY Dana M. Raymond Krysia Carmel Nelson Charlottesville, Bruce R. VA Williamson, Jr. John F. O'Donnell Dallas, TX Jeffrey W. Hightower, Jr. Daniel L. Rasmussen Irvine, CA James L. Payne Joshua H. Rawson New York, NY Richard F. Ziegler Jonathan David Reed Maryville, TN Gerald Lee Gulley, Jr. Raymond John Rigat Clinton, CT James Michael Fox Philip H. Schaeffer New York, NY Andrew S. Auchincloss Daniel Silverman Philadelphia, PA David Rudovsky Paul Charles Thissen Minneapolis, MN Scott Gregory Knudson Louis Michael Vasquez Fresno, CA Robert Phillip Whitlock Helgard Clarice Walker Arlington, VA Honorable Clarence Thomas, Associate Justice of the Supreme Court John B. Wallace Houston, TX Charles W. Lyman Jannah Carter Yasin St. Croix, VI Richard Austin Edward Yelsa Anaconda, MT Wade J. Dahood

Opinions No 9810. Jefferson County, Alabama, Petitioner v. William M. Acker, Jr., Senior Judge, United States District Court for the Northern District of Alabama, and U. W. Clemon, Judge, United States District Court for the Northern District of Alabama. 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 further proceedings in conformity with the opinion of this Court. Opinion by Justice Ginsburg. Opinion by Justice Scalia, with whom The Chief Justice, Justice Souter, and Justice

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954 MONDAY, JUNE 21, 1999 Thomas join, concurring in part and dissenting in part. Opinion by Justice Breyer, with whom Justice O'Connor joins, concurring in part and dissenting in part. No. 979361. Louis Jones, Petitioner v. United States. On writ of certiorari to the United States Court of Appeals for the Fifth Circuit. Judgment affirmed. Opinion by Justice Thomas, which Justice Scalia joins except as to Part III-A. Dissenting opinion by Justice Ginsburg, with whom Justice Stevens and Justice Souter join, and with whom Justice Breyer joins as to Parts I, II, III, and V. No. 98262. Bill Martin, Director, Michigan Department of Correc- tions, et al., Petitioners v. Everett Hadix, et al. On writ of certiorari to the United States Court of Appeals for the Sixth Circuit. Judgment affirmed in part, reversed in part, 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 Justice O'Connor. Opinion by Justice Scalia concurring in part and concurring in the judg- ment. Opinion by Justice Ginsburg, with whom Justice Stevens joins, concurring in part and dissenting in part.

Admissions to the Bar on Oral Motions Applicant City and State Movant Mary Louise Solomon South Bend, IN Francis John Lorson Mark Carl Vollman Cincinnati, OH Francis John Lorson Roger Zamudio Guevara San Antonio, TX Francis John Lorson Kathleen Kneeland Worcester, MA Francis John DelloStritto Lorson Karen A. Loughlin Worcester, MA Francis John Lorson Margaret Julie Mahoney Worcester, MA Francis John Lorson Alice E. Perry Worcester, MA Francis John Lorson Mary Elizabeth Sawicki Worcester, MA Francis John Lorson Paul Patrick Lamb Alexandria, VA Catherine Kaiser Krebs Edwin B. Stegman Los Angeles, CA Paula DiMeo Grant

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MONDAY, JUNE 21, 1999 955

Applicant City and State Movant George Joseph Wooditch, Jr. Springfield, VA Mary Elizabeth Maguire Nancy King-Von Chiu San Francisco, CA David Marshall Lehrman Robert A. Molofsky Washington, DC David Marshall Lehrman Peter David Hoffman Frenchtown, NJ Franklin Siegel Lisa Heartel King Princeton, NJ Franklin Siegel Patricia Josephine Murty Maplewood, NJ Franklin Siegel Dolores L. Stroup Camden, NJ Franklin Siegel Jeanne Cameron Washburn Albuquerque, NM Franklin Siegel Yvonne Cherena-Pacheco Bronx, NY Franklin Siegel Melissa Cook Brooklyn, NY Franklin Siegel Elizabeth A. Davis New York, NY Franklin Siegel Robyn Dawn Fisher New York, NY Franklin Siegel James J. Gildersleeve New York, NY Franklin Siegel James B. Gisondi New York, NY Franklin Siegel William Alexander Gordon New York, NY Franklin Siegel Joel Alan Hirshfield White Plains, NY Franklin Siegel Roberto Marrero-Fontanez New York, NY Franklin Siegel Michael Mazzariello Brooklyn, NY Franklin Siegel Henry Matthew Pita New York, NY Franklin Siegel Carol Lee Reden Hicksville, NY Franklin Siegel Karl Jacob Ruppert New York, NY Franklin Siegel Stephen Robert Scott New York, NY Franklin Siegel Patricia Anne Taylor New York, NY Franklin Siegel Margaret E. White Brooklyn, NY Franklin Siegel Thomas Joseph Butler, Jr. Union, NJ David V. Conti, Jr. Ronald A. Cohen Roselle Park, NJ David V. Conti, Jr. William Anthony Daniel Linden, NJ David V. Conti, Jr. Paul J. Endler, Jr. Westfield, NJ David V. Conti, Jr. Robert G. Hicks Springfield, NJ David V. Conti, Jr. Eric Gerard Kahn Springfield, NJ David V. Conti, Jr. Caryl Wolfson Leightman Springfield, NJ David V. Conti, Jr. Linda E. Mallozzi Union, NJ David V. Conti, Jr. Marc Philip Schwartzbach Westfield, NJ David V. Conti, Jr. Terry Martin Silpe Linden, NJ David V. Conti, Jr. Jeffrey Elliot Strauss Springfield, NJ David V. Conti, Jr. Thomas Joseph Walsh Westfield, NJ David V. Conti, Jr. David Laurence Wikstrom Springfield, NJ David V. Conti, Jr.

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956 MONDAY, JUNE 21, 1999

Applicant City and State Movant Simone M. L. Blais Los Angeles, CA Sally Nina Austin Andrea J. Gansheimer Palo Alto, CA Sally Nina Austin Jacqueline R. Walus-Wigle La Jolla, CA Sally Nina Austin Barbara J. Radlauer Pound Ridge, NY Sally Nina Austin Shellie Karno Chicago, IL Sally Nina Austin Alexis Pamela Taylor Chicago, IL Sally Nina Austin Elaine Paras Conway Manchester-by-the- Sally Nina Austin sea, MA Patricia J. Welch Goffstown, NH Sally Nina Austin Elizabeth Alice Edwards Baltimore, MD Sally Nina Austin Randi Kopf Bethesda, MD Sally Nina Austin Roseanne Mary Matricciani Baltimore, MD Sally Nina Austin Amanda Jean Howard Scott Baltimore, MD Sally Nina Austin Karen A. Butler Saratoga Springs, Sally Nina Austin NY Carol Elizabeth Russell New York, NY Sally Nina Austin

Adjourned until Tuesday, June 22, 1999, at 10 o'clock.

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(JOURNAL) TUESDAY, JUNE 22, 1999 957 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. 98536. Tommy Olmstead, Commissioner, Georgia Department of Human Resources, et al., Petitioners v. L. C. By Jonathan Zimring, Guardian Ad Litem and Next Friend, et al. On writ of certiorari to the United States Court of Appeals for the Eleventh Circuit. Judgment affirmed in part, vacated in part, and case remanded to the United States Court of Appeals for the Eleventh Circuit for further proceed- ings in conformity with the opinion of this Court. Justice Ginsburg announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, and III-A, and an opinion with re- spect to Part III-B, in which Justice O'Connor, Justice Souter, and Justice Breyer join. Opinion by Justice Stevens concurring in part and concurring in the judgment. Opinion by Justice Kennedy, with whom Justice Breyer joins as to Part I, concurring in the judgment. Dissent- ing opinion by Justice Thomas, with whom The Chief Justice and Jus- tice Scalia join. No. 98591. Albertson's, Inc., Petitioner v. Hallie Kirkingburg. 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 con- formity with the opinion of this Court. Opinion by Justice Souter. Con- curring opinion by Justice Thomas. No. 971943. Karen Sutton and Kimberly Hinton, Petitioners v. United Air Lines, Inc. On writ of certiorari to the United States Court of Appeals for the Tenth Circuit. Judgment affirmed. Opinion by Jus- tice O'Connor. Concurring opinion by Justice Ginsburg. Dissenting opinion by Justice Stevens, with whom Justice Breyer joins. Dissenting opinion by Justice Breyer. No. 971992. Vaughn L. Murphy, Petitioner v. United Parcel Service. On writ of certiorari to the United States Court of Appeals for the Tenth Circuit. Judgment affirmed. Opinion by Justice O'Connor. Dis- senting opinion by Justice Stevens, with whom Justice Breyer joins. No. 98208. Carole Kolstad, Petitioner v. American Dental Associa- tion. On writ of certiorari to the United States Court of Appeals for

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958 TUESDAY, JUNE 22, 1999 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 O'Connor. Opinion by The Chief Justice, with whom Justice Thomas joins, concurring in part and dissenting in part. Opinion by Justice Stevens, with whom Justice Souter, Justice Gins- burg, and Justice Breyer join, concurring in part and dissenting in part.

Adjourned until Wednesday, June 23, 1999, at 10 O'clock.

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(JOURNAL) WEDNESDAY, JUNE 23, 1999 959 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. 971704. Esteban Ortiz, et al., Petitioners v. Fibreboard Corpo- ration, et al. On writ of certiorari to the United States Court of Ap- peals 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 the Court. Opinion by Justice Souter. Concurring opinion by The Chief Justice, with whom Justice Scalia and Justice Kennedy join. Dissenting opinion by Justice Breyer, with whom Justice Stevens joins. No. 98436. John H. Alden, et al., Petitioners v. Maine. On writ of certiorari to the Supreme Judicial Court of Maine. Judgment affirmed. Opinion by Justice Kennedy. Dissenting opinion by Justice Souter, with whom Justice Stevens, Justice Ginsburg, and Justice Breyer join. No. 98149. College Savings Bank, Petitioner v. Florida Prepaid Postsecondary Education Expense Board, et al. On writ of certiorari to the United States Court of Appeals for the Third Circuit. Judgment affirmed. Opinion by Justice Scalia. Dissenting opinion by Justice Ste- vens. Dissenting opinion by Justice Breyer, with whom Justice Stevens, Justice Souter, and Justice Ginsburg join. No. 98531. Florida Prepaid Postsecondary Education Expense Board, Petitioner v. College Savings Bank and United States. On writ of certiorari to the United States Court of Appeals for the Federal Circuit. Judgment reversed, and case remanded to the United States Court of Appeals for the Federal Circuit for further proceedings in conformity with the opinion of this Court. Opinion by The Chief Jus- tice. Dissenting opinion by Justice Stevens, with whom Justice Souter, Justice Ginsburg and Justice Breyer join. The Chief Justice said: "I am authorized to announce that the Court has acted upon all but two cases submitted to the Court for decision. Disposition of items scheduled for Conference on Thursday will be reflected on an Order List to be released later that day. Accordingly, it is ordered that those cases remaining on the docket, but not ready for consideration are con-

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960 WEDNESDAY, JUNE 23, 1999 tinued to the session of the Court beginning October 4, 1999. The Court will be in recess from Thursday, June 24, 1999, until the first Monday in October, 1999, at which time the October 1998 Term of the Court will be adjourned and the October 1999 Term of the Court will begin as provided by statute. "The members of the Court thank all members 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 by the Court staff contributes significantly to the accomplish- ment of the Court's mission."

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(JOURNAL) THURSDAY, JUNE 24, 1999 961 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. 989085. Ronald Dwayne Whitfield, Petitioner v. Texas; Ronald Dwayne Whitfield, Petitioner v. Texas; and Ronald Dwayne Whitfield, Petitioner v. Texas. Motion of petitioner for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner allowed until July 15, 1999, 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. 971695. James Flanagan and David H. Middleton, Petitioners v. Gerald Ahearn, et al. On petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit. The Court reversed the judgment below in Ortiz v. Fibreboard Corporation, 527 U. S. (1999). Therefore, petition for writ of certiorari granted, and case re- manded to the United States Court of Appeals for the Fifth Circuit for further proceedings. No. 984. Arkansas Department of Education, etc., Petitioner v. Richard Jacoby, Freddie Mae Green, Jean Marrow, Elsie Sanchez, Evan Sanders, George Thomas, Barbara Whittaker, and Shirley Williams. On petition for writ of certiorari to the Supreme Court of Arkansas. Petition for writ of certiorari granted. Judgment vacated, and case remanded to the Supreme Court of Arkansas for further consideration in light of Alden v. Maine, 527 U. S. (1999). No. 98667. Federal Labor Relations Authority, Petitioner v. De- partment of Justice, et al. On petition for writ of certiorari to the United States Court of Appeals for the Second Circuit. Petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Second Circuit for further consideration in light of National Aeronautics and Space Administra- tion v. Federal Labor Relations Authority, 527 U.S. (1999). No. 98731. Regents of University of California, Petitioner v. Genen- tech, Inc., and United States. On petition for writ of certiorari to the

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962 THURSDAY, JUNE 24, 1999 United States Court of Appeals for the Federal Circuit. Petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Federal Circuit for further consideration in light of College Savings Bank v. Florida Prepaid Post- secondary Education Expense Board, 527 U. S. (1999). Justice O'Connor took no part in the consideration or decision of this case. No. 98972. Renee Lowery, et al., Petitioners v. Circuit City Stores, Inc. 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 Kolstad v. American Dental Association, 527 U. S. (1999). No. 981110. New Mexico Department of Public Safety, et al., Peti- tioners v. Stephen R. Whittington, et al. On petition for writ of certio- rari to the Court of Appeals of New Mexico. Petition for writ of certio- rari granted. Judgment vacated, and case remanded to the Court of Appeals of New Mexico for further consideration in light of Alden v. Maine, 527 U. S. (1999). No. 981285. New York State Board of Law Examiners, et al., Peti- tioners v. Marilyn J. Bartlett. On petition for writ of certiorari to the United States Court of Appeals for the Second Circuit. Petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Second Circuit for further consideration in light of Sutton v. United Air Lines, Inc., 527 U. S. (1999), Murphy v. United Parcel Service, Inc., 527 U. S. (1999), and Albertson's, Inc. v. Kirkingburg, 527 U. S. (1999). No. 981365. HCA Health Services of Texas, Inc., dba Spring Branch Medical Center, Petitioner v. Kelvin Washington. 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 Sutton v. United Air Lines, Inc., 527 U. S. (1999), and Murphy v. United Parcel Service, Inc., 527 U. S. (1999). No. 981494. Wayne Jackson, Petitioner v. Jeffrey Dye and Gregory Turner. On petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit. Motion of respondent Jeffrey Dye for leave to proceed in forma pauperis granted. Motion of respondent Gregory Turner for leave to proceed in forma pauperis granted. Peti- tion for writ of certiorari granted. Judgment vacated, and case re-

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THURSDAY, JUNE 24, 1999 963 manded to the United States Court of Appeals for the Sixth Circuit for further consideration in light of Martin v. Hadix, 527 U. S. (1999). No. 981554. Board of Regents of New Mexico State University and Jim Paul, Petitioners v. Fletcher Cockrell. On petition for writ of cer- tiorari to the Court of Appeals of New Mexico. Petition for writ of certiorari granted. Judgment vacated, and case remanded to the Court of Appeals of New Mexico for further consideration in light of Alden v. Maine, 527 U. S. (1999).

Orders in Pending Cases No. M77. George F. Mathews, Petitioner v. Mircosta College. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M78. Jodi Michaelle Carlson, Petitioner v. Hyundai Motor Co., et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. 108, Original. State of Nebraska, Plaintiff v. States of Wyoming and Colorado. The motion of the Special Master for compensation and reimbursement of expenses is granted, and the Special Master is awarded a total of $189,366.40 for the period September 1, 1998, through May 31, 1999, to be paid as follows: 34% by Nebraska, 34% by Wyoming, 5% by Colorado, 24% by the United States, and 3% by Basin Electric Power Cooperative. No. 98405. Janet Reno, Attorney General, Appellant v. Bossier Par- ish School Board; and No. 98406. George Price, et al., Appellants v. Bossier Parish School Board. These cases are restored to the calendar for re-argument. The parties are directed to file supplemental briefs, not to exceed 25 pages, addressing the following questions: 1). Does the purpose prong of § 5 of the Voting Rights Act of 1965 extend to a discriminatory but non- retrogressive purpose? and 2). Assuming arguendo that § 5 prohibits the implementation of a districting plan enacted with a discriminatory, non-retrogressive purpose, does the government or the covered juris- diction bear the burden of proof in this issue? No. 98678. Los Angeles Police Department, Petitioner v. United Reporting Publishing Corporation. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted. No. 98963. Jeremiah W. (Jay) Nixon, Attorney General of Missouri, et al., Petitioners v. Shrink Missouri Government PAC, et al. Motion of

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964 THURSDAY, JUNE 24, 1999 the Solicitor General for leave to participate in oral argument as ami- cus curiae and for divided argument granted. No. 98822. Friends of the Earth, Inc., et al., Petitioners Laidlaw Environmental Services (TOC), Inc. Further consideration of respond- ent's suggestion of mootness is deferred to hearing the case on the merits. No. 981161. City of Erie, et al., Petitioners v. Pap's A.M., tdba "Kandyland". Motion of respondent to dismiss the writ of certiorari as moot denied. No. 988093. Robert E. Prunty, Petitioner v. John D. Holschuh, Se- nior Judge, United States District Court for the Southern District of Ohio, et al. Motion of petitioner for reconsideration of order denying leave to proceed in forma pauperis denied. No. 989084. Billy Roy Tyler, Petitioner v. John Hartigan, Judge, District Court of Nebraska, Douglas County. Motion of petitioner for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner allowed until July 15, 1999, 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. No. 989133. Danny J. Cohea, Petitioner v. T. Bray, Correctional Officer, et al. Motion of petitioner for leave to proceed in forma pau- peris denied. See Rule 39.8. Petitioner allowed until July 15, 1999, 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. 981828. Vermont Agency of Natural Resources, Petitioner v. United States, ex rel. Jonathan Stevens. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit granted.

Certiorari Denied

No. 98303. Donald A. Barnett, Sheila Gold, Ronda Chaney, Lon Chaney, Jr., William Mitchell, and Robert Q. Buickerood, Petitioners v. Glenborough Realty Corporation, et al. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied. No. 98527. Daniel Casey, Sergeant, Deceased, etc., et al., Petition- ers v. Donovan Blissett. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.

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THURSDAY, JUNE 24, 1999 965 No. 98917. Inmates of D. C. Jail, Petitioner v. Calvin Edwards, Di- rector, District of Columbia Department of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 981057. River West, L. P., Petitioner v. Allison Deas, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 981375. Suzanne E. Harper, et al., Petitioners v. General Elec- tric Capital Auto Lease, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 981403. James Rowland, et al., Petitioners v. Lee A. Rand. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981452. Joseph Amatel, et al., Petitioners v. Janet Reno, Attor- ney General, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 981462. Charles Edward Sweeney, Jr., Petitioner v. Indiana. Petition for writ of certiorari to the Supreme Court of Indiana denied. No. 981503. First Federal Bank of California, Petitioner v. Superior Court of California, County of Los Angeles, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 981528. Dennis George, Petitioner v. Mark Abbott. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 981556. Michael L. Piaskowski, Petitioner v. Wisconsin. Peti- tion for writ of certiorari to the Court of Appeals of Wisconsin, District III, denied. No. 981564. Dorothy Mackey, Petitioner v. David W. Milam, Travis Elmore, and United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 981568. Trafalgar Capital Associates, Inc., etc., Petitioner 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 First Circuit denied. No. 981570. John Sefick, Petitioner v. Richard Gardner, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

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966 THURSDAY, JUNE 24, 1999 No. 981595. George Lawrence Fitzgerald, Petitioner v. Kenneth S. Apfel, Commissioner of Social Security. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 981618. Patriot Portfolio, LLC, Petitioner v. Harry W. Weinstein, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 981620. In Re Joseph D. Morrissey, Petitioner. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 981635. James Hayden, Petitioner v. Consolidated Rail Corpo- ration. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 981653. Tough Traveler, Ltd., Petitioner v. Outbound Products, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied. No. 981675. Michael Panayotides, Petitioner v. Julie Panayotides. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadelphia Office, denied. No. 981680. Sam Skurnick, Petitioner v. Martin Raake. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 981703. John C. Brazell, Petitioner v. Savannah Electric and Power Company. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 981704. American Airlines, Inc., Petitioner v. Robert H. Tice, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Seventh Circuit denied. No. 981708. Donald Gastineau, Petitioner v. California. Petition for writ of certiorari to the Superior Court of California, Ventura County, denied. No. 981709. May Linda Heyward, Petitioner v. Michael C. Monroe, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 981714. Full Gospel Tabernacle, et al., Petitioners v. Commu- nity School District 27, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 981719. Thomson, S. A., Petitioner v. Quixote Corporation and Disc Manufacturing, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

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THURSDAY, JUNE 24, 1999 967 No. 981721. David B. Courtway, et al., Petitioners v. Mel Carnahan, Governor of Missouri, et al. Petition for writ of certiorari to the Court of Appeals of Missouri, Western District, denied. No. 981724. Paul Zoski, Petitioner v. Robert Kegler. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 981728. Wheeling College, Inc., et al., Petitioners v. City of Wheeling; and No. 981730. Bernard W. Schmitt, Bishop, Roman Catholic Diocese of Wheeling-Charleston, Petitioner v. City of Huntingdon. Petitions for writs of certiorari to the Supreme Court of Appeals of West Virginia denied. No. 981732. R. F., Petitioner v. A. C., et al. Petition for writ of certiorari to the Appeals Court of Massachusetts denied. No. 981734. Gloria Bylinski, et al., Petitioners v. City of Allen Park, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 981736. Donald M. Rowe, Petitioner v. Marietta Corporation and John S. Nadolski. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 981737. In Re John J. Pappas, Petitioner. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied. No. 981741. Kim Faye Douglass, Petitioner v. General Motors Cor- poration. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 981750. Duane Kaley, Sheriff of Portage County, et al., Peti- tioners v. Patti L. Gallo, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 981752. Grandeotto, Inc., et al., Petitioners v. City of Clarks- burg. Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied. No. 981753. City of Fort Smith, Petitioner v. Albert Krantz, et al.; and No. 981754. Cities of Alma, Dyer, and Van Buren, Petitioners v. Albert Krantz, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 981758. Parkwood Developmental Center, Inc., and Templeton School of Special Education, Inc., Petitioners v. National Labor Rela-

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968 THURSDAY, JUNE 24, 1999 tions Board and United Food and Commercial Workers Union Local 1996. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. No. 981762. Robert Steichen, Petitioner v. South Dakota. Petition for writ of certiorari to the Supreme Court of South Dakota denied. No. 981767. Roland West, Jr., Petitioner v. Stacey West. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981773. Claude Griffin, Clyda Mae Myers, and Tamora Robin- son, Petitioners v. Lottie Campbell Griffin. Petition for writ of certio- rari to the Court of Appeals of Mississippi denied. No. 981775. Babatunde Soniregun, Petitioner v. Immigration and Naturalization Service. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 981781. Allianz Life Insurance Company of North America, Petitioner v. Debra Bartgis. Petition for writ of certiorari to the Su- preme Court of Nevada denied. No. 981787. Estate of Eliza Davis Oliver, Deceased, by T. Carlton Richardson, Personal Representative, Petitioner v. Florida, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 981788. Concorde-New Horizons, Corp., Petitioner v. Shoptalk, Ltd., and Alan Menken. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 981792. Donald Washington, Petitioner v. Washington Metro- politan Area Transit Authority. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 981812. Mir Aimal Kasi, Petitioner v. Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 981814. James Cannings, Petitioner v. The Librarian of Con- gress, et al.; James Cannings, Petitioner v. The Librarian of Congress, et al., and Alicia C. Evelyn, Petitioner v. The Librarian of Congress, et al. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 981815. S. Rebecca Dachman, 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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THURSDAY, JUNE 24, 1999 969 No. 981819. Nancy A. Robbins, et vir, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 981824. Robert Phillip Chrysler, Petitioner v. City of West Co- vina, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981830. Robert Richardson, Petitioner v. Albertson's Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 981835. Jesse Fulk and Donald Cearlock, Petitioners v. United Transportation Union. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 981847. Michael A. Wills and Robert Thurlwell, Petitioners v. Walt Disney Pictures and Television, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981848. Coeur D'Alene Tribe, Petitioner v. Missouri, ex rel. Jeremiah W. (Jay) Nixon, Attorney General of Missouri. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 981873. In Re Jose M. Font, Petitioner. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 981893. Al Baker Livingston, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 981900. Eugene C. Azamber, Petitioner v. Franchise Tax Board of California. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 981901. Richard Fusco, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 981907. Ronald Williams, et al., Petitioners v. Nicolas Marsch, III. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. No. 981921. General Truck Drivers and Helpers Union Local No. 92, etc., Petitioner v. James Wilson. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

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970 THURSDAY, JUNE 24, 1999 No. 986220. Glenn Metz, aka Shorty, aka Jeeper, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 986601. James R. Goff, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 987732. Allison Jenkins, Petitioner v. Keith Nelson, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 988089. Kevin Burns, Petitioner v. Tennessee. Petition for writ of certiorari to the Supreme Court of Tennessee, Western Division, denied. No. 988120. Edward Omar Spearman, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 988316. Philbert J. Antone, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 988419. Eloy A. Role, Petitioner v. Teamsters Union Local 11, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied. No. 988689. James Dodson Viefhaus, Jr., aka Thorsson, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 988699. Marie Pellegrino, Petitioner v. Stephen A. Fanter. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 989016. James L. Jensen, Petitioner v. Internal Revenue Serv- ice. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 989069. Aziz Safouane, et ux., Petitioners v. Washington De- partment of Social and Health Services. Petition for writ of certiorari to the Court of Appeals of Washington, Division 1, denied. No. 989076. John Joseph Beatty, Petitioner v. Michael W. Moore, 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. 989077. Freddie Carter, Petitioner v. Freestone County Jail, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

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THURSDAY, JUNE 24, 1999 971 No. 989080. Terrence Dion Bowman, Petitioner v. North Carolina. Petition for writ of certiorari to the Supreme Court of North Caro- lina denied. No. 989083. Gerald Warren, Petitioner v. David Smith, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 989097. Thomas W. Olick, Petitioner v. John Hancock Mutual Life Insurance Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 989098. Juan Loya Salas, Petitioner v. S. H. Garcia, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 989099. Michael S. Fisher, et ux., Petitioners v. Sunkist Grow- ers. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 989103. Peter Hudd, Petitioner v. Stuart H. Shiffman, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 989108. Isauro Hernandez, 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. 989111. Jose Rodriguez, Petitioner v. James Vigliotti, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 989113. Timothy Paul Martin, Petitioner v. Wayne Scott, Exec- utive Director, Texas Department of Criminal Justice, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 989114. Tommy H. Metcalf, Petitioner v. Washington. Petition for writ of certiorari to the Court of Appeals of Washington, Division 1, denied. No. 989116. Kelvin Lamonte Lampkins, Petitioner v. Art Beeler, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 989118. Ronald David Ludwig, 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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972 THURSDAY, JUNE 24, 1999 No. 989120. Brett C. Kimberlin, Petitioner v. Dennis R. Bidwell, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 989125. Anthony Brown, Petitioner v. Illinois. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 989126. Paul Allen Hendrickson, Petitioner v. Kenneth L. Mc- Ginnis, Director, Michigan Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Cir- cuit denied. No. 989127. William Alfred Harris, Petitioner v. Halycon Ballard, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. No. 989132. Julia S. Macri, Petitioner v. Gordon Sweek, et al. Peti- tion for writ of certiorari to the Supreme Court of Florida denied. No. 989136. James R. Rankin, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appel- late District, denied. No. 989140. Bernard W. Travis, Petitioner v. Ohio. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Cir- cuit denied. No. 989141. Glen R. Bertoniere, Petitioner v. Baron Kaylo, Warden, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. No. 989142. Joseph Daniel Burns, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied. No. 989145. Terrance Walker, Petitioner v. Paul H. Fitzgerald, Sheriff, Story County, Iowa, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 989152. Brandy Bain Jennings, Petitioner v. Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 989185. James Neil Tucker, Petitioner v. South Carolina. Peti- tion for writ of certiorari to the Supreme Court of South Carolina denied. No. 989188. Matthew Dwight Thompson, Petitioner v. Oregon. Peti- tion for writ of certiorari to the Supreme Court of Oregon denied. No. 989194. Ervin Ramon Villalobos, Petitioner v. Michael W. Moore, Secretary, Florida Department of Corrections. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

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THURSDAY, JUNE 24, 1999 973 No. 989246. Howard Loss, Petitioner v. Michigan Attorney Griev- ance Commission. Petition for writ of certiorari to the Supreme Court of Michigan denied. No. 989262. Bernard Croom, Petitioner v. Betty Mitchell, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 989279. Jason Getsy, Petitioner v. Ohio. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 989280. Gordon C. Newlin, Petitioner v. Ronald D. Edwards, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 989321. Paul A. Wright, Petitioner v. Kenneth DuCharme, Superintendent, Washington State Reformatory. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 989322. Travis Walters, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appel- late District, denied. No. 989353. Levi Brown, Sr., Petitioner v. South Carolina, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 989360. Lee Traylor, Petitioner v. Diane Cypert, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 989391. Michael Chavis, Petitioner v. Arkansas. Petition for writ of certiorari to the Supreme Court of Arkansas denied. No. 989393. O'Neil Barclay, Petitioner v. Jeff Flander, Sergeant, South Brunswick Police Department. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 989404. John D. Denmark, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, First Dis- trict, denied. No. 989406. Gloria Guerra, Petitioner v. Alameda County, Califor- nia, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 989409. James Lee Powers, Jr., Petitioner v. A. David Robin- son, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

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974 THURSDAY, JUNE 24, 1999 No. 989442. Constance E. Rhodes, Petitioner v. City of Aurora. Pe- tition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 989478. Gary L. Everett, 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. 989480. James Edward Norris, Petitioner v. Rodney Slater, Secretary of Transportation. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 989491. Michael Lee Thompson, Petitioner v. Michael W. Moore, Secretary, Florida Department of Corrections. Petition for writ of certiorari to the District Court of Appeal of Florida, First District, denied. No. 989521. Charles Trice, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Second Dis- trict, denied. No. 989538. Steven W. Parkus, 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. 989567. Clyde Wendell Smith, Petitioner v. Mississippi. Petition for writ of certiorari to the Supreme Court of Mississippi denied. No. 989580. Ray Milton Krone, Petitioner v. Arizona. Petition for writ of certiorari to the Court of Appeals of Arizona, Division One, denied. No. 989589. Shae Gwavira Williams, Petitioner v. Sewall Smith, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 98906. Georgia Department of Revenue, Petitioner v. Gary Burke, et ux., et al. Motion of Business Bankruptcy Law Committee, New York County Lawyers' 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 Eleventh Circuit denied. No. 98916. Allison Deas, Petitioner v. River West, et al. Motion of the Epilepsy 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 Fifth Circuit denied. No. 981478. Zenobia Hamilton Rainey, Petitioner v. Robert Lee Chever. Petition for writ of certiorari to the Supreme Court of Georgia

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THURSDAY, JUNE 24, 1999 975 denied. Dissenting opinion by Justice Thomas, with whom The Chief Justice and Justice Scalia join. No. 981739. Jeanne S. Woodford, Acting Warden, Petitioner v. Fer- nando Eros Caro. 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. Justice Breyer took no part in the consideration or decision of this motion and this petition. No. 981742. Ron Edwards, Warden, Petitioner v. Michael Herring- ton. 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. 981783. Sandra Freeman, et vir, Petitioners v. Lenard R. Simon and Beth Israel Hospital Corporation. Petition for writ of certiorari to the Appeals Court of Massachusetts denied. Justice Breyer took no part in the consideration or decision of this petition.

Habeas Corpus Denied No. 989617. In Re Randolph A. Zubiate, Petitioner. Petition for writ of habeas corpus denied.

Mandamus Denied No. 988563. In Re Jimmy Jake Holt, Petitioner. Petition for writ of mandamus denied.

Rehearings Denied No. 979078. Marilyn W. Doe, Petitioner v. A. M. E. Zion Church, et al.; No. 981054. Visalakshi Malladi, Petitioner v. Togo D. West, Jr., Sec- retary of Veterans Affairs; No. 981431. William Rupert, Petitioner v. Federal Deposit Insur- ance Corporation, as Receiver and/or Conservator for Columbia Sav- ings and Loan Association; No. 981587. Hendrick W. Haynes, Petitioner v. United States; No. 987729. Wendell Elliot Ricco, Petitioner v. United States; No. 987751. Larry Henderson, Petitioner v. Joseph Henneberry, Di- rector, Patuxent Institution, et al.; No. 987938. Lionell J. Davis, Petitioner v. C. M. Lensing, Warden, et al.; No. 988103. Willie H. Dunlap, Petitioner v. PECO Energy Com- pany, et al.;

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976 THURSDAY, JUNE 24, 1999 No. 988185. Joseph Winded Price, Petitioner v. Ryer System, Inc., et al.; No. 988294. Rosetta Sumter, Petitioner v. New Jersey; No. 988402. Charles Underwood, Petitioner v. Meriwether County, Georgia, et al.; No. 988438. Olu S. Abidekun, Petitioner v. Mary Imogene Bassett Hospital; No. 988469. Donald E. Smith, Petitioner v. Mississippi; No. 988606. John H. Cloud, Petitioner v. Jimmy S. Webb; No. 988607. Robert E. Cotner, Petitioner v. Steve Hargett, Warden, et al.; No. 988651. John Henry Haupt, Petitioner v. Department of Veter- ans Affairs, et al.; No. 988741. In Re Michael Anthony Noble, Petitioner; No. 988749. Margarito Gonzales, Petitioner v. Arizona; No. 988766. Gerald Lee Carroll, Petitioner v. United States; and No. 988925. In Re Gerald L. Rogers, Petitioner. Petitions for re- hearing denied.

Attorney Discipline

No. D2061. In the Matter of Disbarment of Michael P. Maguire. Disbarment order entered. No. D2062. In the Matter of Disbarment of Stanley Alan Langfus. Disbarment order entered. No. D2063. In the Matter of Disbarment of Thomas Allen Massey. Disbarment order entered. No. D2066. In the Matter of Disbarment of James David Norvell. Disbarment order entered. No. D2068. In the Matter of Disbarment of Antonio Reyes-Vidal. Disbarment order entered. No. D2089. In the Matter of Disbarment of Scott Douglas Raphael. Scott Douglas Raphael, of Newport Beach, 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. D2090. In the Matter of Disbarment of Edward Boncek. Ed- ward Boncek, of Port St. Lucie, Florida, is suspended from the practice of law in this Court, and a rule will issue, returnable within 40 days,

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THURSDAY, JUNE 24, 1999 977 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 Susan Ann Berson Kansas City, MO John C. Dods, III Brian Allen Brown Little Rock, AR Frank B. Newell Dan F. Bufford Little Rock, AR Frank B. Newell Philip Michael Chiappone New York, NY Joel B. Rudin William Ansel Collins, Jr. Columbia, SC Larry C. Batson Robin Sessions Cooley Cheyenne, WY Hugh L. Kenny Deborah S. Cousins Cleveland, OH Mitchell Gerald Blair Mark Richard Davis Chicago, IL Randye A. Kogan John Joseph Eklund Cleveland, OH Michael Elmer Brittain Stephen A. Feldman Philadelphia, PA Stuart Hubert Savett Daniel F. Fitzgerald, III Anchorage, AK Bruce E. Gagnon Alan V. Hager Los Angeles, CA Terry Takashi Fujimoto Anne Miyako Hayes Sacramento, CA Anthony Thomas Caso Gregory Alan Hearing Tampa, FL Mark A. Hanley Joseph G. Jevic, III Houma, LA Wendell H. Gauthier Phyllis A. Jin Uniontown, PA Richard E. Bower Christopher M. Johnson Atlanta, GA Stephen B. Bright Jerome Hamilton Juday Anchorage, AK Bruce E. Gagnon Kenneth M. Kaleel Ocean Ridge, FL Robert M. W. Shalhoub Louis C. Katsoris New York, NY John D. Feerick John Patrick Keller Pinecrest, FL Ronald Peter Ponzoli Christopher P. Kelly Westfield, NJ Darryl M. Saunders Cynthia Alison Lock Los Angeles, CA Mark Philip Wine Donald R. Looper Houston, TX James Mills McGraw Barry G. Magidoff New York, NY Michael S. Elkin

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978 THURSDAY, JUNE 24, 1999

Applicant City and State Movant Jonathan L. Marcus Bethesda, MD Honorable Seth P. Waxman, Solicitor General of the United States Mark McRoberts McMillin Norfolk, VA Robert Wayne Nunnally Peter Melnicoe Sacramento, CA Bion Milton Gregory Gail L. Menyuk Trenton, NJ Mary Carol Jacobson Kathleen L. Millian Washington, DC Carolyn Smith Pravlik Craig L. Moore Cleveland, OH Richard Patrick Goddard Steven Michael Ott Cleveland, OH Michael Ellis Murman Deborah A. Persico Washington, DC Robert Edward Keith Cheryl A. Podbielski Beverly Hills, CA Mitchel J. Ezer Jeffrey James Rogers Tucson, AZ Robert J. Hirsh Donald Josef Sands Los Angeles, CA John L. Salter Timothy Paul Schardl Tallahassee, FL Mark Evan Olive Juli Christine Scott Burbank, CA Scott H. Howard James A. Shalvoy Manhattan Beach, Edward Samuel CA Gelfand Brian Shiffrin Rochester, NY Edward John Nowak John Christopher Shore New York, NY Edward F. Rover Patrick Y. Taomae Honolulu, HI Daniel Robert Foley Robert E. Toone, Jr. Atlanta, GA Stephen B. Bright Thomas L. Vincent Irvine, CA Daniel M. Livingston Joseph Virgilio Washington, DC Robert Edward Keith Richard N. Watts Little Rock, AR Frank B. Newell Joseph F. Whalen, III Nashville, TN Pamela Lynn Hunt

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THURSDAY, JUNE 24, 1999 979

Applicant City and State Movant Conrad S. P. Williams, III Houma, LA Wendell H. Gauthier Beverley Kay Wilson Virginia Beach, Winthrop A. VA Short, Jr.

Recess Order The Court will take a recess from today until Monday, October 4, 1999.

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(JOURNAL) TUESDAY, JULY 6, 1999 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. 995107. Thomas Harrison Provenzano, 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. Justice Ste- vens would grant the application for stay of execution.

Certiorari Denied No. 995125. Maxine White, Next Friend to Gary Heidnik, Peti- tioner v. Martin F. Horn, Commissioner, Pennsylvania Department of Corrections, et al. Application for stay of execution of sentence of death presented to Justice Souter and by him referred to the Court denied. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

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(JOURNAL) WEDNESDAY, JULY 7, 1999 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.

Habeas Corpus Denied No. 995029. In Re Norman Lee Newsted, Petitioner. Application for stay of execution of sentence of death presented to Justice Breyer and by him referred to the Court denied. Petition for writ of habeas corpus denied.

Certiorari Denied No. 995106. Allen Lee Davis, 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. Justice Stevens would grant the application for stay of execution.

Certiorari Denied No. 995161. Allen Lee Davis, 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. Justice Stevens would grant the application for stay of execution.

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(JOURNAL) THURSDAY, JULY 8, 1999 985 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. A38. (O. T. 1999) Michael Haley, Commissioner, Alabama De- partment of Corrections, Petitioner v. Pernell Ford. Application to va- cate the stay of execution of sentence of death entered by the United States Court of Appeals for Eleventh Circuit on July 7, 1999, presented to Justice Kennedy and by him referred to the Court denied.

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(JOURNAL) WEDNESDAY, JULY 21, 1999 987 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. 987540. Scott Leslie Carmell, Petitioner v. Texas. Motion of petitioner for appointment of counsel granted, and it is ordered that Richard D. Bernstein, Esquire, of Washington, D. C., is appointed to serve as counsel for the petitioner in this case.

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 September 15, 1999, through September 17, 1999, and for such time as may be required to complete unfinished business, pursuant to 28 U. S. C. Sec. 294(a), is or- dered and entered on the minutes of this Court, pursuant to 28 U. S. C. Sec. 295.

Habeas Corpus Denied No. 995341. In Re Tommy David Strickler, Petitioner. Application for stay of execution of sentence of death presented to The Chief Jus- tice and by him referred to the Court denied. Motion of petitioner for leave to file supplement in support of petition under seal denied. Peti- tion for writ of habeas corpus denied.

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(JOURNAL) MONDAY, AUGUST 2, 1999 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.

Orders In Pending Cases No. A20 (O.T. 1999). Keith Robertson, Applicant v. Comptroller of the Treasury. Application for stay addressed to Justice Scalia and re- ferred to the Court denied. No. 981255. United States, Petitioner v. Abel Martinez-Salazar. Mo- tion for appointment of counsel granted, and it is ordered that Michael D. Gordon, Esquire, of Tempe, Arizona, is appointed to serve as counsel for the respondent in this case.

Rehearing Denied

No. 981048. Marjorie A. Meester, Petitioner v. William J. Hender- son, Postmaster General; No. 981310. William J. Zisk, et ux., Petitioners v. City of Roseville, et al.; No. 981316. Enercon GmbH, Petitioner v. United States Interna- tional Trade Commission, et al.; No. 981461. Constructivist Foundation, Inc., Petitioner v. DeKalb County Board of Tax Assessors; No. 981578. Austin Independent School District, et al., Petitioners v. Ted Meyer, et al.; No. 981624. Walter Kirk, et ux., Petitioners v. Berlin Probate Court, et al.; No. 987510. Orlando Cordia Hall, aka Lan, Petitioner v. United States; No. 987571. Alfred L. Cross, Jr., Petitioner v. United States Pa- role Commission; No. 988048. Willie James Pye, Petitioner v. Georgia; No. 988049. David Perkins, Petitioner v. Georgia; No. 988121. George Russell Henry, Petitioner v. Georgia; No. 988328. Willie Thomas Ford, Petitioner v. Lonnie Saunders, Warden, et al.; No. 988399. James Edward Williams, Petitioner v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division;

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990 MONDAY, AUGUST 2, 1999 No. 988450. Martha B. Gaunce, Petitioner v. Pierre H. DeVincentis, et al.; No. 988501. Kurby Gerald Decker, Petitioner v. Texas; No. 988507. Darnell Hutchinson, Petitioner v. Thomas A. Fulcomer, et al.; No. 988572. Fredrick Bell, Petitioner v. Mississippi; No. 988577. Kenneth P. Brooks, Petitioner v. Martin Marietta Util- ity Services, Inc., et al.; No. 988830. Anthony Washington, Petitioner v. Anthony A. Wil- liams, Mayor of District of Columbia; No. 988883. William H. Krehnbrink, Petitioner v. Maryland State Department of Education, et al.; No. 988884. Dolores Novel, Petitioner v. Emily Salzberg; No. 988905. In Re Timothy T. Cooper, Petitioner; No. 988957. Meratchew F. Serequeberhan, Petitioner v. Emman- uel Tesfaye; No. 988962. Henry Boyd, Jr., Petitioner v. Locke D. Barkley, Chap- ter 13 Trustee; No. 988974. William T. Gray, Petitioner v. Department of the Army; No. 988996. Victor A. Allen, Petitioner v. William J. Henderson, Postmaster General; No. 989128. Michael A. Fowler, Petitioner v. City of Raleigh Parks and Recreation Department, et al.; No. 989139. Abraham Thompson, III, Petitioner v. United States Postal Service; and No. 989367. Carl Wells, Petitioner v. City of New York, et al. Peti- tions for rehearing denied. No. 981783. Sandra Freeman, et vir, Petitioners v. Lenard R. Simon and Beth Israel Hospital Corporation. Petition for rehearing denied. Justice Breyer took no part in the consideration or decision of this petition. Attorney Discipline No. D2059. In the Matter of Disbarment of Michael D. Blutrich. Disbarment order entered. No. D2060. In the Matter of Disbarment of Robert B. Schambach. Disbarment order entered. No. D2064. In the Matter of Disbarment of Dean A. Olds. Disbar- ment order entered. No. D2065. In the Matter of Disbarment of Keith John Kulie. Dis- barment order entered.

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MONDAY, AUGUST 2, 1999 991 No. D2067. In the Matter of Disbarment of Bryant Ashley Webb. Disbarment order entered. No. D2069. In the Matter of Disbarment of Sheldon Irwin Walker. Disbarment order entered. No. D2071. In the Matter of Disbarment of Norris D. Woolfork, III. Disbarment order entered. No. D2072. In the Matter of Disbarment of Theodore D. Wilson. Disbarment order entered. No. D2075. In the Matter of Disbarment of Gerald Myron Cohen. Disbarment order entered. No. D2077. In the Matter of Disbarment of David Lester Arnopole. Disbarment order entered. No. D2091. In the Matter of Disbarment of Sheldon J. Turtletaub. Sheldon J. Turtletaub, of Port Washington, 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. D2092. In the Matter of Disbarment of David George Lewis. David George Lewis, 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. D2093. In the Matter of Disbarment of Seth Darryl Bykofsky. Seth Darryl Bykofsky, of Garden City, 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. D2094. In the Matter of Disbarment of Thomas P. Ondeck. Thomas P. Ondeck, 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. D2095. In the Matter of Disbarment of Charles Augustus Con- nors, III. Charles Augustus Connors, III, of San Mateo, 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. D2096. In the Matter of Disbarment of Jack F. Durie, Jr. Jack F. Durie, Jr., of Orlando, Florida, is suspended from the practice of law

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992 MONDAY, AUGUST 2, 1999 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. D2097. In the Matter of Disbarment of John Eric Wilkes. John Eric Wilkes, of Salem, 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.

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(JOURNAL) THURSDAY, AUGUST 5, 1999 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.

Certiorari Denied No. 989745. Charles A. Boyd, 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.

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(JOURNAL) TUESDAY, AUGUST 10, 1999 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 Denied No. 995531. James Otto Earhart, 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) WEDNESDAY, AUGUST 11, 1999 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.

Habeas Corpus Denied No. 995663. In Re James O. Earhart, 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.

Order in Pending Case No. A143 (O. T. 1999). In Re James O. Earhart, Applicant. Applica- tion for stay of execution of sentence of death presented to Justice Scalia and by him referred to the Court denied.

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(JOURNAL) TUESDAY, AUGUST 17, 1999 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. 989936. Joe Mario Trevino, 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 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.

Certiorari Denied No. 995502. Marlon DeWayne Williams, Petitioner v. Ronald J. An- gelone, 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) MONDAY, AUGUST 23, 1999 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. 981924. Christopher R. Wojciechowski, Petitioner v. Monte- video Partnership, et al. Application for stay addressed to Justice Sou- ter and referred to the Court denied. No. 981955. Christopher R. Wojciechowski, Petitioner v. Walt Dis- ney Concert Hall No. 1, et al. Application for stay addressed to Justice Souter and referred to the Court denied. No. 995103. Penelope Kinney, Petitioner v. Bankers Trust Com- pany. Application for stay addressed to Justice Breyer and referred to the Court denied.

Rehearings Denied No. 968963. Robert L. Jarrett, Petitioner v. Toxic Action Wash, et al.; No. 979361. Louis Jones, Petitioner v. United States; No. 9810. Jefferson County, Alabama, Petitioner v. William M. Acker, Jr., Senior Judge, United States District Court, Northern Dis- trict of Alabama, and U. W. Clemon, Judge, United States District Court, Northern District of Alabama; No. 981481. Norman P. Koster, Petitioner v. United States; No. 981672. Robert E. Meade, Petitioner v. Pep Boys Manny Moe & Jack, Inc., et al.; No. 981680. Sam Skurnick, Petitioner v. Martin Raake; No. 981703. John C. Brazell, Petitioner v. Savannah Electric and Power Company; No. 981787. Estate of Eliza Davis Oliver, Deceased, by T. Carlton Richardson, Personal Representative, Petitioner v. Florida, et al.; No. 981793. Howard W. Kolb, Petitioner v. Texas; No. 981814. James Cannings, Petitioner v. Librarian of Congress, et al.; James Cannings, Petitioner v. Librarian of Congress, et al.; and Alicia C. Evelyn, Petitioner v. Librarian of Congress, et al.; No. 981815. S. Rebecca Dachman, Petitioner v. United States; No. 981830. Robert Richardson, Petitioner v. Albertson's Inc., et al.;

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1002 MONDAY, AUGUST 23, 1999 No. 981873. In Re Jose M. Font, Petitioner; No. 987589. Keljer King, Petitioner v. Dayton Poppell, et al.; No. 987670. Savely Petreykov and William Pikulin, Petitioners v. Eliot L. Spitzer, Attorney General of New York, et al.; No. 988077. Keljer King, Petitioner v. Michael A. Upshaw, Warden, et al.; No. 988352. Chevy Rahmatollah Shivaee, Petitioner v. Virginia, et al.;No. 988426. Franklin J. Loftis, Petitioner v. William D. Catoe, Di- rector, South Carolina Department of Corrections, et al.; No. 988444. Marjorie Patmon, Petitioner v. Oklahoma, et al.; No. 988468. In Re Alfonza Leonard Artis, Sr., Petitioner; No. 988677. Cyrus W. Moore, Petitioner v. Gary L. Johnson, Direc- tor, Texas Department of Criminal Justice, Institutional Division; No. 988678. Donald Minniecheske, Petitioner v. Shawano County and Village of Tigerton; No. 988736. In Re Ida M. Williams Lewis, Petitioner; No. 988843. Fred Lee Pearson, Petitioner v. Jeffery Catoe; No. 988874. Douglas Duckworth, Petitioner v. Michael W. Moore, Secretary, Florida Department of Corrections, et al.; No. 988933. Robert Steven Visintine, Petitioner v. United States; No. 988983. James Rives, Petitioner v. County of Monmouth, et al.; No. 989062. Kevin Jordan, aka Kelvin L. Jordan, Petitioner v. Mississippi; No. 989097. Thomas W. Olick, Petitioner v. John Hancock Mutual Life Insurance Company, et al.; No. 989127. William Alfred Harris, Petitioner v. Halycon Ballard, et al.; No. 989131. Eduardo Mantilla, Petitioner v. United States; No. 989140. Bernard W. Travis, Petitioner v. Ohio; No. 989142. Joseph Daniel Burns, Petitioner v. Mississippi; No. 989195. Frank Michael Parise, Petitioner v. United States; No. 989278. Sarah V. Martini, Petitioner v. Edward Rosewell, et al.; No. 989496. James W. Chambers, Petitioner v. Michael Bowersox, Superintendent, Potosi Correctional Center; and No. 989567. Clyde Wendell Smith, Petitioner v. Mississippi. Peti- tions for rehearing denied. No. 986022. Maria Rosenthal, Petitioner v. Larry E. Banks, Admin- istrative Appeals Judge, Department of Health and Human Services. Motion for leave to file a petition for rehearing denied.

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MONDAY, AUGUST 23, 1999 1003 Attorney Discipline No. D2074. In the Matter of Disbarment of Robert J. Vedatsky. Disbarment order entered. No. D2078. In the Matter of Disbarment of Charles J. Pisano. Dis- barment order entered. No. D2079. In the Matter of Disbarment of Charles Lee Quaintance. Disbarment order entered. No. D2081. In the Matter of Disbarment of James Lee Berfield. Disbarment order entered. No. D2082. In the Matter of Disbarment of Andrew M. Lopez. Dis- barment order entered. No. D2083. In the Matter of Disbarment of Roger C. Goble. Disbar- ment order entered. No. D2084. In the Matter of Disbarment of Paul D. Giamanco. Dis- barment order entered. No. D2085. In the Matter of Disbarment of Chris Maglaras, Jr. Disbarment order entered. No. D2086. In the Matter of Disbarment of Stephen L. Smith. Dis- barment order entered. No. D2090. In the Matter of Disbarment of Edward Boncek. Disbar- ment order entered. No. D2098. In the Matter of Disbarment of Robert H. Harris. Rob- ert H. Harris, of Woodmere, 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. D2099. In the Matter of Disbarment of Rodolfo Hernandez. Rodolfo Hernandez, of El Paso, 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. D2100. In the Matter of Disbarment of John A. Mmahat. John A. Mmahat, of Metairie, 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.

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(JOURNAL) TUESDAY, AUGUST 31, 1999 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. 995975. David R. Leisure, Petitioner v. Michael Bowersox, Superintendent, Potosi Correctional Center, et al.; and David R. Lei- sure, Petitioner v. Michael Bowersox, Superintendent, Potosi Correc- tional Center, et al. 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 certiorari to the Supreme Court of Mis- souri denied.

Habeas Corpus Denied No. 996003. In Re David R. Leisure, 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.

Certiorari Denied No. 996004. David R. Leisure, Petitioner v. Michael Bowersox, Superintendent, Potosi Correctional Center, et al. 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 certiorari to the United States Court of Appeals for the Eight Circuit denied.

Certiorari Denied No. 989808. Raymond James Jones, Petitioner v. Gary L. Johnson, Director, Texas Department of 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) WEDNESDAY, SEPTEMBER 1, 1999 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.

Certiorari Denied No. 996016. David R. Leisure, Petitioner v. Dora B. Schriro, Direc- tor, Missouri Department of Corrections, et al. 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 certiorari to the Supreme Court of Missouri denied. Justice Stevens would grant the application for stay of execution and the petition for writ of certiorari.

Certiorari Denied No. 996017. David R. Leisure, Petitioner v. Dora Schriro, Director, Missouri Department of Corrections, et al. Application for stay of exe- cution 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. Justice Stevens would grant the application for stay of execution and the peti- tion for writ of certiorari.

Certiorari Denied No. 996018. David R. Leisure, Petitioner v. Missouri, et al. 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 United States Court of Appeals for the Eighth Circuit denied. Justice Stevens would grant the application for stay of execution.

Certiorari Granted No. 995746. Lonnie Weeks, Jr., Petitioner v. Ronald J. Angelone, Director, Virginia Department of Corrections. Application for stay of

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1008 WEDNESDAY, SEPTEMBER 1, 1999 execution of sentence of death presented to The Chief Justice and by him referred to the Court granted. Motion for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit granted limited to Ques- tion 1 presented by the petition.

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(JOURNAL) WEDNESDAY, SEPTEMBER 8, 1999 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.

Order In Pending Case No. A210 (O.T. 1999). Arkansas Abolitionist Committee, Applicant v. Arkansas. Application for stay of execution of sentence of death of Alan Willett presented to Justice Thomas 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, SEPTEMBER 9, 1999 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. 996035. Feltus Taylor, Jr., 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 dispo- sition 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, SEPTEMBER 10, 1999 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.

Orders In Pending Cases No. A962. Joe Louis Roquemore, Applicant v. Bert Rice, Warden, et al. Application for certificate of appealability addressed to Justice Kennedy and referred to the Court denied. No. 98405. Janet Reno, Attorney General, Appellant v. Bossier Par- ish School Board; and No. 98406. George Price, et al., Appellants v. Bossier Parish School Board. Motion of the Solicitor General for divided argument granted. No. 98818. Harold F. Rice, Petitioner v. Benjamin J. Cayetano, Gov- ernor of Hawaii. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted. No. 98822. Friends of the Earth, Incorporated, et al., Petitioners v. Laidlaw Environmental Services (TOC), Inc. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted. No. 981036. Illinois, Petitioner v. William aka Sam Wardlow. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted. No. 981170. Leonard Portuondo, Superintendent, Fishkill Correc- tional Facility, Petitioner v. Ray Agard. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted. No. 981299. New York, Petitioner v. Michael Hill. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted. No. 981682. United States, et al., Appellants v. Playboy Entertain- ment Group, Inc. Motion of the Solicitor General to dispense with printing the joint appendix granted.

Certiorari Granted No. 981960. Cortez Byrd Chips, Inc., Petitioner v. Bill Harbert Construction Company, etc. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit granted.

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1014 FRIDAY, SEPTEMBER 10, 1999 No. 981696. United States, Petitioner v. Roy Lee Johnson. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit granted. Brief of petitioner to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, October 22, 1999. Brief of respondent to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, November 19, 1999. Reply brief, if any, to be filed with the Clerk and served upon opposing coun- sel on or before 3 p.m., Wednesday, December 1, 1999. Rule 29.2 does not apply. No. 981701. United States, Petitioner v. Gary Locke, Governor of Washington, et al.; and No. 981706. International Association of Independent Tanker Own- ers (Intertanko), Petitioner v. Gary Locke, Governor of Washington, et al. Petitions for writs of certiorari to the United States Court of Ap- peals for the Ninth Circuit 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, October 22, 1999. Briefs of respondents to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, November 19, 1999. Reply briefs, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, November 30, 1999. Rule 29.2 does not apply. No. 981811. Alexis Geier, et al., Petitioners v. American Honda Motor Company, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals 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., Friday, October 22, 1999. Brief of respond- ents to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, November 19, 1999. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Tuesday, November 30, 1999. Rule 29.2 does not apply. No. 981904. United States, et al., Petitioners v. Leslie R. Weather- head. Petition for writ of certiorari to the United States Court of Ap- peals 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., Friday, October 22, 1999. Brief of respondent to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, November 19, 1999. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Wednesday, December 1, 1999. Rule 29.2 does not apply.

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FRIDAY, SEPTEMBER 10, 1999 1015 No. 9951. Carl T. C. Gutierrez and Madeleine Z. Bordallo, Petition- ers v. Joseph F. Ada and Felix P. Camacho. Petition for writ of certio- rari 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., Friday, October 22, 1999. Brief of respondents to be filed with the Clerk and served upon opposing coun- sel on or before 3 p.m., Friday, November 19, 1999. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Monday, November 29, 1999. Rule 29.2 does not apply.

Rehearings Denied No. 981539. Anne Glavey, aka Aine M. Glavey, Petitioner v. High- land Lakes Country Club & Community Association; No. 987947. Johnnie E. Ewing, Petitioner v. California; No. 988120. Edward Omar Spearman, Petitioner v. United States; No. 988437. Maureen A. Traft, Petitioner v. American Threshold Industries, Inc.; No. 988752. Robert Edwards, Petitioner v. Gene Franchini, et al.; No. 988836. Earl L. Hazley, Petitioner v. City of Akron, et al.; No. 988882. Ellen Paulette M. Fields, Petitioner v. Dalkon Shield Claimants Trust; No. 988980. Samuel D. Smith, Petitioner v. Michael Bowersox, Superintendent, Potosi Correctional Center; No. 988987. Paul L. Epley, Petitioner v. Milton E. West, et al.; No. 989029. Paul Lumbef, Petitioner v. Arden Fair Apartments, et al.; No. 989032. Paul Lumbef, Petitioner v. Stanford Medical Group, et al.; No. 989288. In Re Jeffrey Lamont Harrison-Bey, Petitioner; No. 989331. Kevin M. Cardwell, Petitioner v. Rick Watkins; No. 989376. Gregory Lee Lawrence, Petitioner v. Ronald F. Moats, Warden, et al.; No. 989453. Francis T. Deutsch, Petitioner v. United States; No. 989458. Savely Petreykov and William Pikulin, Petitioners v. City of New York; No. 989478. Gary L. Everett, Petitioner v. Gary L. Johnson, Direc- tor, Texas Department of Criminal Justice, Institutional Division; No. 989480. James Edward Norris, Petitioner v. Rodney Slater, Secretary of Transportation; and No. 989500. In Re Alfred Lee Mauldin, Petitioner. Petitions for rehearing denied.

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(JOURNAL) TUESDAY, SEPTEMBER 14, 1999 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.

Habeas Corpus Denied No. 996147. In Re William Prince Davis, 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) THURSDAY, SEPTEMBER 16, 1999 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.

Certiorari Denied No. 996143. Everett Lee Mueller, 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) THURSDAY, SEPTEMBER 23, 1999 1021 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. 995630. Willie G. Sullivan, Petitioner v. Robert Snyder, War- den, et al. Application for stay of execution of sentence of death pre- sented to Justice Souter and by him referred to the Court denied. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Justice Stevens and Justice Ginsburg would grant the application for stay of execution.

Certiorari Denied No. 996315. Willie G. Sullivan, Petitioner v. Delaware. Application for stay of execution of sentence of death presented to Justice Souter and by him referred to the Court denied. Petition for writ of certiorari to the Supreme Court of Delaware denied.

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(JOURNAL) FRIDAY, SEPTEMBER 24, 1999 1023 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. 996201. Harvey Lee Green, Jr., Petitioner v. North Carolina. 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 North Carolina denied.

Certiorari Denied No. 996278. Harvey Lee Green, Jr., Petitioner v. North Carolina. 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 Superior Court of North Carolina, Pitt County, denied.

Certiorari Denied No. 996313. Harvey Lee Green, Jr., Petitioner v. R. C. Lee, Warden. 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.

Certiorari Denied No. 996319. Harvey Lee Green, Jr., Petitioner v. North Carolina. 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 North Carolina denied.

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(JOURNAL) MONDAY, SEPTEMBER 27, 1999 1025 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. 99451. Gail Lewis, Warden, et al., Petitioners v. Jesus Garcia Delgado. Application for stay of judgment of the United States Court of Appeals for the Ninth Circuit, case No. 97-56162, presented to Justice O'Connor and by her referred to the Court granted pending the dispo- sition 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 granted, the stay shall continue pending the sending down of the judgment of this Court.

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(JOURNAL) TUESDAY, SEPTEMBER 28, 1999 1027 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. 98791. J. Daniel Kimel, Jr., et al., Petitioners v. Florida Board of Regents, et al.; and No. 98796. United States, Petitioner v. Florida Board of Regents, et al. Motion of the Solicitor General for divided argument granted.

Certiorari Granted No. 981288. Village of Willowbrook, et al., Petitioners v. Grace Olech. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit granted limited to Question 1 pre- sented by the petition. Brief of petitioners to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, Novem- ber 12, 1999. Brief of respondent to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Monday, December 13, 1999. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Thursday, December 30, 1999. Rule 29.2 does not apply. No. 981667. David H. Baral, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit granted limited to the following question: Whether a remittance of estimated taxes or of taxes withheld from wages is a payment of tax that is subject to the limitation on tax re- funds set forth in Section 6511(b) of the Internal Revenue Code, 26 U.S.C. 6511(b). Brief of petitioner to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, November 12, 1999. Brief of respondent to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Monday, December 13, 1999. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Thursday, December 30, 1999. Rule 29.2 does not apply. No. 981856. Leila Jeanne Hill, Audrey Himmelmann, and Everitt W. Simpson, Jr., Petitioners v. Colorado, et al. Petition for writ of cer- tiorari to the Supreme Court of Colorado granted. Brief of petitioners to be filed with the Clerk and served upon opposing counsel on or

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1028 TUESDAY, SEPTEMBER 28, 1999 before 3 p.m., Friday, November 12, 1999. Brief of respondents to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Monday, December 13, 1999. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Thurs- day, December 30, 1999. Rule 29.2 does not apply. No. 981949. Lori Pegram, et al., Petitioners v. Cynthia Herdrich. Motion of American Association of Health Plans, et al., for leave to file a brief as amici curiae granted. Motion of Washington Legal Founda- tion 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. No. 982043. Hunt-Wesson, Inc., Petitioner v. Franchise Tax Board of California. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, granted. Brief of petitioner to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, November 12, 1999. Brief of respondent to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Mon- day, December 13, 1999. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Thursday, De- cember 30, 1999. Rule 29.2 does not apply. No. 995. United States, Petitioner v. Antonio J. Morrison, et al.; and No. 9929. Christy Brzonkala, Petitioner v. Antonio J. Morrison, et al. Petitions for writs of certiorari to the United States Court of Ap- peals for the Fourth Circuit 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, November 12, 1999. Briefs of respondents to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Monday, December 13, 1999. Reply briefs, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Thursday, December 30, 1999. Rule 29.2 does not apply. No. 99137. J. Wayne Garner, Former Chairman of the State Board of Pardons and Paroles of Georgia, et al., Petitioners v. Robert L. Jones. 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 Eleventh Circuit granted. Brief of petitioners to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, November 12, 1999. Brief of respondent to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Monday, December 13, 1999. Reply brief, if any, to be filed with the Clerk and served upon

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TUESDAY, SEPTEMBER 28, 1999 1029 opposing counsel on or before 3 p.m., Thursday, December 30, 1999. Rule 29.2 does not apply. No. 99138. Jenifer Troxel, et vir, Petitioners v. Tommie Granville. Petition for writ of certiorari to the Supreme Court of Washington granted. Brief of petitioners to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Friday, November 12, 1999. Brief of respondent to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Monday, December 13, 1999. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Thursday, December 30, 1999. Rule 29.2 does not apply. No. 99161. Chad Weisgram, et al., Petitioners v. Marley Company, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit granted limited to Question 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., Friday, November 12, 1999. Brief of respondents to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Monday, December 13, 1999. Reply brief, if any, to be filed with the Clerk and served upon opposing counsel on or before 3 p.m., Thursday, December 30, 1999. Rule 29.2 does not apply.