No. 75-6725. OMERNICK v. WISCONSIN. C. A. 7th Cir. Certiorari denied.

No. 75-6755. MEADOWS v. MICHIGAN ET AL. C. A. 6th Cir. Certiorari denied.

No. 75-1384. ESTELLE, CORRECTIONS DIRECTOR V. ALBERTI. C. A. 5th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied. Reported below: 524 F. 2d 1265.

No. 75-1431. STERN v. UNITED STATES ET AL. C. A. 6th Cir. Motion to substitute Emma Louise Gardner, Executrix of Estate of Malcolm P. Gardner, in place of respondent Malcolm P. Gardner, deceased, granted. Certiorari denied. Reported below: 528 F. 2d 715.

No. 75-1582. TOIA, ACTING COMMISSIONER, DEPARTMENT OF SOCIAL SERVICES OF NEW YORK v. HOLLEY ET AL. C. A. 2d Cir. Motion of respondents Holley et al. for leave to proceed in forma pauperis granted. Certiorari denied. Reported below: 529 F. 2d 1294.

No. 75-6689. STEVENSON V. MATHEWS, WARDEN. C. A. 7th Cir. Certiorari denied. MR. JUSTICE STEVENS took no part in the consideration or decision of this petition. Reported below: 529 F. 2d 61.

Rehearing Denied

No. 74-676. ESTELLE, CORRECTIONS DIRECTOR V. WILLIAMS, 425 U. S. 501;

No. 75-130. QUINN, COMMISSIONER, CHICAGO FIRE DEPARTMENT v. MUSCARE, 425 U. S. 560;

No. 75-1186. BROMBERG V. CHAIRMAN, U. S. CIVIL SERVICE COMMISSION, ET AL., 425 U. S. 963; and

No. 75-1405. MARSHALL FIELD & Co. v. SHOUP, 425 U. S. 981. Petitions for rehearing denied. MR. JUSTICE STEVENS took no part in the consideration or decision of these petitions.

426 U.S.

No. 75-110.

No. 75-1240.

U. S. 999; and

No. 75-6152. 425 U. S. 976.

June 21, 23, 1976

SAKRAIDA V. AG PRO, INC., 425 U. S. 273;
RODRIGUEZ ET AL. v. UNITED STATES, 425

PRESTON, AKA RILLA V. GRAY, WARDEN,
Petitions for rehearing denied.

JUNE 23, 1976

Dismissal Under Rule 60

No. 75-6788. HOWELL v. MISSISSIPPI STATE PROBATION AND PAROLE BOARD; and BROOKS v. MISSISSIPPI STATE PROBATION AND PAROLE BOARD. Sup. Ct. Miss. Certiorari dismissed under this Court's Rule 60. Reported below: 330 So. 2d 565 (first case); 330 So. 2d 567 (second case).

209-904 O - 78-62

INDEX

ABANDONED AUTOMOBILES. See Constitutional Law, I, 3;
IV, 2.

ABATEMENT OF AIR POLLUTION. See Clean Air Act.

ABATEMENT OF WATER POLLUTION. See Federal Water
Pollution Control Act, 1.

ABSTENTION.

Constitutionality of Puerto Rico statute.-In appellee alien civil
engineers' action challenging constitutionality of Puerto Rico statute
permitting only United States citizens to practice privately as civil
engineers, United States District Court in Puerto Rico, upon holding
citizenship requirement unconstitutional, correctly determined that
abstention was unnecessary, since federal constitutional claim is not
complicated by an unresolved state-law question, even though appel-
lees might have sought relief under similar provisions of Puerto Rico
Constitution. Examining Board v. Flores de Otero, p. 572.
ACQUISITION OF CORPORATIONS. See Securities Exchange
Act of 1934, 2-3.

ACTIONS AGAINST AIR CARRIERS. See Air Carriers.

ACTIONS AGAINST NATIONAL BANKS. See Venue.

ADJUSTMENT OF IMPORTS. See Trade Expansion Act of
1962.

ADMINISTRATIVE PROCEDURE. See Federal Water Pollu-
tion Control Act, 2-3.

AGENCY-SHOP AGREEMENTS. See National Labor Relations
Act.

AIR CARRIERS.

Common-law tort action for "bumping" of airline passenger—
"Deceptive" practice.-Petitioner's common-law tort action based on
alleged fraudulent misrepresentation by respondent air carrier arising
from its failure to apprise petitioner of its deliberate overbooking
practices, should not be stayed pending reference to Civil Aeronautics
Board for a determination whether practice is "deceptive" within
meaning of § 411 of Federal Aviation Act of 1958. Nader v. Alle-
gheny Airlines, p. 290.

AIR POLLUTION. See Clean Air Act.

ALIENS. See Abstention; Constitutional Law, III, 5-6; IV, 3;
Jurisdiction, 1.

AMERICAN ANTIQUITIES PRESERVATION ACT. See Water
Rights.

ANIMALS. See Constitutional Law, VI.

ANTICOMPETITIVE ELECTRIC RATES. See Federal Power
Commission.

APPEALS.

Court of Appeals-Necessity for cross-appeal.-In a diversity
action by respondent administrator against petitioner insurer for
recovery under double indemnity provision of a life insurance policy
issued in Michigan to respondent's decedent, who was killed in
Illinois, Court of Appeals, in reversing District Court's judgment that
under Michigan law petitioner was liable only for ordinary benefits,
erred in holding that petitioner's failure to cross-appeal precluded it
from arguing that Illinois law applied, under which it would be liable
only for ordinary benefits. Petitioner's argument was no more than
"an attack on the reasoning of the lower court," and as such
required no cross-appeal. Massachusetts Mut. Life Ins. Co. v.
Ludwig, p. 479.

ATOMIC ENERGY ACT. See Federal Water Pollution Control
Act, 2-3.

AUTOMOBILE "HULKS." See Constitutional Law, I, 3; IV,
2.

"AUXILIARY TELLER" FACILITIES. See Banks.

BANKS. See also Venue.

"Auxiliary teller" facilities-Authority to operate-Intervening
legislation.-Court of Appeals' judgment that petitioner national
bank's drive-in/walk-in facility was a branch petitioner was not
permitted to operate because a state bank would not be permitted to
operate a like facility is vacated and case is remanded for recon-
sideration, in light of an intervening amendment to statute redefining
"auxiliary teller" facilities that state banks may operate. Omaha
Nat. Bank v. Nebraskans for Ind. Banking, p. 310.

BOUNDARIES. See also Constitutional Law, II; Procedure.

Texas and Louisiana-Exceptions to Special Master's report.-
Louisiana's exception to portion of Special Master's report that marks
boundary line between Louisiana and Texas in Sabine River as it