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No. 83-5578. HARRIS v. VIRGINIA. Sup. Ct. Va. Certiorari denied.

No. 83-5583. ASHWORTH v. LOS ANGELES COUNTY, CALIFORNIA. C. A. 9th Cir. Certiorari denied.

No. 83-5591. MITCHELL v. NOCERA ET AL. Certiorari denied. Reported below: 742 F. 2d 1438.

C. A. 2d Cir.

No. 83-5593. JOHNSON v. WAINWRIGHT, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS. C. A. 11th Cir. Certiorari denied. Reported below: 712 F. 2d 1417.

No. 83-5594. JOHNSON v. HENRY. App. Sess., Super. Ct. Conn. Certiorari denied. Reported below: 38 Conn. Supp. 718, 461 A. 2d 1001.

No. 83-5597. Certiorari denied.

563.

No. 83-5599.

SPRADLIN ET AL. v. NEBRASKA. Sup. Ct. Neb.

Reported below: 214 Neb. 834, 336 N. W. 2d

MEDINA-REYES v. UNITED STATES. C. A. 5th

Cir. Certiorari denied. Reported below: 715 F. 2d 575.

No. 83-5605. CUTTS v. WYRICK, WARDEN, ET AL. C. A. 8th Cir. Certiorari denied.

No. 83-5607. KING v. MCEVERS ET AL. C. A. 7th Cir. Certiorari denied.

No. 83-5617. SMITH-BEY v. SABO, JUDGE, et al. C. A. 3d Cir. Certiorari denied. Reported below: 720 F. 2d 667.

No. 83-5624. C. A. 6th Cir.

229.

No. 83-5642.

C. A. D. C. Cir.

MORVAY v. MAGHIELSE TOOL & DIE CO., INC.
Certiorari denied. Reported below: 708 F. 2d

MARKS v. UNITED STATES POSTAL SERVICE.
Certiorari denied.

No. 83-5647. GREATHOUSE v. MARSHALL, SUPERINTENDENT, SOUTHERN OHIO CORRECTIONAL FACILITY. C. A. 6th Cir. Certiorari denied. Reported below: 711 F. 2d 1056.

No. 83-5658. Certiorari denied.

HAMPTON v. UNITED STATES. C. A. 11th Cir.
Reported below: 714 F. 2d 157.

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No. 83-5666.

SRUBAR ET UX. v. DEPARTMENT OF THE TREAS

URY, INTERNAL REVENUE SERVICE. C. A. 2d Cir. denied. Reported below: 729 F. 2d 1442.

No. 83-5685.

LEMAIRE v. UNITED STATES.

Certiorari denied. Reported below: 712 F. 2d 944.

No. 83-5688. Certiorari denied.

No. 83-5708. Certiorari denied.

No. 83-5709. Certiorari denied.

No. 83-5710.

Certiorari

C. A. 5th Cir.

C. A. 11th Cir.

MCDANIEL v. UNITED STATES. C. A. 11th Cir.
Reported below: 710 F. 2d 839.
ROJAS v. UNITED STATES.
Reported below: 711 F. 2d 1069.
PRUITT v. UNITED STATES.
Reported below: 719 F. 2d 975.

C. A. 9th Cir.

TOWNS v. UNITED STATES. C. A. 6th Cir.

Certiorari denied. Reported below: 709 F. 2d 1511.

No. 83-438. HENDERSON v. ARKANSAS. Sup. Ct. Ark. Certiorari denied. Reported below: 279 Ark. 414, 652 S. W. 2d 26.

JUSTICE BRENNAN and JUSTICE MARSHALL, dissenting.

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

No. 83-572. BALDWIN ET AL. v. CITY OF WINSTON-SALEM, NORTH CAROLINA, ET AL. C. A. 4th Cir. Motion of North Carolina Farm Bureau Federation, Inc., et al. for leave to file a brief as amici curiae granted. Certiorari denied. Reported below: 710 F. 2d 132.

No. 83-586.

SHELL PETROLEUM N.V. v. FRANCHETTI ET AL. C. A. 9th Cir. Motions of Belgium et al. and Unitary Tax Campaign Limited for leave to file briefs as amici curiae granted. Certiorari denied. JUSTICE POWELL took no part in the consideration or decision of these motions and this petition. Reported below: 709 F. 2d 593.

No. 83-617. C. A. 5th Cir.

WACHSMAN ET AL. v. CITY OF DALLAS ET AL.
Certiorari denied. JUSTICE BRENNAN would

grant certiorari. Reported below: 704 F. 2d 160.

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No. 83-629. HASBRO INDUSTRIES, INC., ET AL. v. A/S GARONNE-GLITTRE ET AL. C. A. 9th Cir. Certiorari denied. JUSTICE BLACKMUN took no part in the consideration or decision of this petition. Reported below: 705 F. 2d 339.

No. 83-5260. WASHINGTON v. NEW YORK CITY BOARD OF ESTIMATE. C. A. 2d Cir. Certiorari denied. JUSTICE MARSHALL would grant certiorari. Reported below: 709 F. 2d 792.

No. 83-5273.

DELEGAL v. UNITED STATES. C. A. 7th Cir. Certiorari denied. JUSTICE WHITE took no part in the consideration or decision of this petition. Reported below: 714 F. 2d 146. Rehearing Denied

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p. 919:

No. 82-6865.

P STONE, INC. v. KOPPERS CO., INC., ET AL.,

RANDALL BOOK CORP. v. MARYLAND, ante,

MUHAMMAD v. FLORIDA, ante, p. 865;

No. 83-302. AVEDISIAN v. MAY ET AL., ante, p. 909; and No. 83-311. STRASSNER v. STRASSNER, ante, p. 936. Petitions for rehearing denied.

DECEMBER 12, 1983

Affirmed on Appeal

No. 83-737.

and

CALIFORNIA ET AL. v. UNITED STATES ET AL.;

No. 83-738. NEW YORK STATE DEPARTMENT OF PUBLIC SERVICE v. UNITED STATES ET AL.

Affirmed on appeals from

D. C. D. C. Reported below: 569 F. Supp. 1057.

Appeals Dismissed

No. 82-1848. CHICAGO BRIDGE & IRON Co. v. WASHINGTON DEPARTMENT OF REVENUE. Appeal from Sup. Ct. Wash. dismissed for want of substantial federal question. Reported below: 98 Wash. 2d 814, 659 P. 2d 463.

No. 83-655. CROWDER v. TEXAS. Appeal from Ct. Crim. App. Tex. dismissed for want of substantial federal question. Reported below: 653 S. W. 2d 823.

No. 83-662. GAINES v. MERCHANTS NATIONAL BANK & TRUST CO. Appeal from C. A. 7th Cir. dismissed for want of

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jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied. Reported below: 718 F. 2d 1103.

No. 83-5620. DEAN v. UNITED STATES. Appeal from D. C. N. D. Ga. dismissed for want of jurisdiction.

Certiorari Granted-Vacated and Remanded. (See No. 82-2083, ante, p. 114.)

Certiorari Dismissed

No. 82-1711. COLORADO v. QUINTERO. Sup. Ct. Colo. [Certiorari granted, 463 U. S. 1206.] Motion of petitioner to proceed with oral argument and decision denied. The writ of certiorari is dismissed, it appearing that respondent died on November 27, 1983.

Miscellaneous Orders

No. D-389. IN RE DISBARMENT OF COHEN. It is ordered that Ray Jeffrey Cohen, of Chicago, Ill., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-390. IN RE DISBARMENT OF NAGEL. It is ordered that Edward A. Nagel, of Maitland, Fla., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. 82-1295. ESCAMBIA COUNTY, FLORIDA, ET AL. v. MCMILLAN ET AL. C. A. 5th Cir. [Probable jurisdiction noted, 460 U. S. 1080.] Further consideration of the notice of substitution of party appellants and motion of certain appellants to dismiss the appeal is deferred to hearing of the case on the merits on January 10, 1984.

No. 82-1474. HOOVER ET AL. v. RONWIN ET AL. C. A. 9th Cir. [Certiorari granted, 461 U. S. 926.] Motion of respondent Ronwin for reconsideration of order granting divided argument [ante, p. 989] denied. JUSTICE O'CONNOR took no part in the consideration or decision of this motion.

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No. 82-1565. BACCHUS IMPORTS, LTD., ET AL. v. FREITAS, DIRECTOR OF TAXATION OF HAWAII, ET AL. Sup. Ct. Haw. [Probable jurisdiction noted, 462 U. S. 1130.] Motion of appellee George Freitas, Director of Taxation of the State of Hawaii, to dismiss the appeal or remand the case denied. JUSTICE BRENNAN took no part in the consideration or decision of this motion.

No. 82-1579. HAYFIELD NORTHERN RAILROAD CO., INC., ET AL. v. CHICAGO & NORTH WESTERN TRANSPORTATION CO. C. A. 8th Cir. [Probable jurisdiction noted, ante, p. 812.] Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted.

No. 82-1724. NEW YORK v. UPLINGER ET AL. Ct. App. N. Y. [Certiorari granted, ante, p. 812.] Motion of respondent Butler for divided argument denied. JUSTICE MARSHALL would grant this motion.

No. 82-1766. SECURITIES INDUSTRY ASSN. ET AL. v. BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM ET AL. C. A. D. C. Cir. [Certiorari granted, ante, p. 812.] Motion of petitioners for divided argument denied. JUSTICE MARSHALL would grant this motion.

No. 82-1771. UNITED STATES v. LEON ET AL. C. A. 9th Cir. [Certiorari granted, 463 U. S. 1206.] Motion of respondents Sanchez et al. for modification of order granting divided argument [ante, p. 889] denied.

No. 82-1795. CAPITAL CITIES CABLE, INC., ET AL. v. CRISP, DIRECTOR, OKLAHOMA ALCOHOLIC BEVERAGE CONTROL BOARD. C. A. 10th Cir. [Certiorari granted, ante, p. 813.] Motion of petitioners for divided argument denied. Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for additional time for oral argument denied.

No. 82-1860. SCHNEIDER MOVING & STORAGE CO. v. ROBBINS ET AL.; and

No. 82-1862. PROSSER'S MOVING & STORAGE Co. v. ROBBINS ET AL. C. A. 8th Cir. [Certiorari granted, ante, p. 813.] Motion of petitioners in No. 82-1860 for divided argument granted. Motion of petitioners in No. 82-1862 for divided argument granted. Requests for additional time for oral argument denied.

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