ÿWPC¥ ûÿ2ÁB ZR¬Á#|dApple LaserWriter IINTAPLASIIN.PRS&d ªH@Ž7.QhhhhðŽÐ|X@CourierCourier Boldûÿ2XóXK£Tÿÿr5ddd°ÈäŒdþ6X@ÉüKô@þþþþþþþÿþÿÿÿÿÿþÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ’ÿÿs4ddd°ÃåŒdÐ `É“Kô€þþþþþþþÿþÿÿÿÿÿÿþÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿTÿÿ‰?xxx°¸ñÛxþ6X@ÉüKX@þþþþþþþÿþÿÿÿÿÿþÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ’ÿÿ‰?xxx°³ðÛxÐ `É“KX€þþþþþþþÿþÿÿÿÿÿÿþÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ########################################HJÑ#&d ªH@Ž7.QÈäX@#Ñà ÃРȧ ÐÐ °°X° ÐÑ#ôxþ6X@É“8Ç;¸ñX@#ÑÑ#&d ªH@Ž× QÈäX@#Ñ ORDER LIST MONDAY, APRIL 24, 1995 CERTIORARI ©© SUMMARY DISPOSITION Ô r5ß ÔÄ Ä 93-313 ) BDO SEIDMAN, ET AL. V. SIMMONS, GAYLON, ET AL. ) 93-611 ) CONTINENTAL INSURANCE CO. V. SIMMONS, GAYLON, ET AL. The petitions for writs of certiorari are granted. The judgment is vacated and the cases are remanded to the United States Court of Appeals for the Fifth Circuit for further consideration in light of ÃÃPlautÄÄ v. ÃÃSpendthrift ÄÄ ÃÃFarm, Inc.ÄÄ, 514 U. S. Ãà ÄÄ (1995). Ô s5O Ô Ã ÃORDERS IN PENDING CASESÄ Ä No.Ãà ÄÄ. OPS SHOPPING CENTER, INC. V. FEDERAL DEPOSIT INSURANCE CORPORATION No.Ãà ÄÄ. ALABAMA V. HOMER M. NUTTER, JR. The motions to direct the Clerk to file petitions for writs of certiorari out©of©time are denied. No.Ãà ÄÄ. FREDERIC J. JERMYN V. PENNSYLVANIA No.Ãà ÄÄ. CLAUDE ERIC MATURANA V. ARIZONA The motions for leave to proceed ÃÃin forma pauperisÄÄ without affidavits of indigency executed by petitioners are granted. Ð X°°° Ð 8, ORIG. ARIZONA V. CALIFORNIA The motion of West Bank Homeowners Association for leave to intervene is denied. Ð °°°° Ð D-1505 IN THE MATTER OF DISBARMENT OF ROGER BEITLER It having been reported to the Court that Roger Beitler, of Sun City, California, has been disbarred from the practice of law by the Supreme Court of California and this Court by order of February 27, 1995, having suspended the said Roger Beitler from theÔh*ˆ,++XXÔŒ™ practice of law in this Court and directed that a rule issue requiring him to show cause why he should not be disbarred; And it appearing that the said rule was duly issued and served upon the respondent and that the time to file a response has expired; It is ordered that the said Roger Beitler be disbarred from the practice of law in this Court and that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. D-1506 IN THE MATTER OF DISBARMENT OF MURRAY WESTLER It having been reported to the Court that Murray Westler, of Chicago, Illinois, has been suspended from the practice of law by the Supreme Court of Illinois and this Court by order of February 21, 1995, having suspended the said Murray Westler from the practice of law in this Court and directed that a rule issue requiring him to show cause why he should not be disbarred; ÁÁÁ` ` ÁÁ¸ ¸ Á And it appearing that the said rule was duly issued and served upon the respondent and that the time to file a response has expired; It is ordered that the said Murray Westler be disbarred from the practice of law in this Court and that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. D-1511 IN THE MATTER OF DISBARMENT OF J. JERRY ZELTZER It having been reported to the Court that J. Jerry Zeltzer, of Miami Beach, Florida, has been disbarred from the practice of law by the Supreme Court of Florida ÔË'0*Á(Á(°°ÔŒ and this Court by order of February 27, 1995, having suspended the said J. Jerry Zeltzer from the practice of law in this Court and directed that a rule issue requiring him to show cause why he should not be disbarred; And it appearing that the said rule was duly issued and served upon the respondent and that the time to file a response has expired; It is ordered that the said J. Jerry Zeltzer be disbarred from the practice of law in this Court and that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. D-1514 IN THE MATTER OF DISBARMENT OF LAWRENCE MAZER It having been reported to the Court that Lawrence Mazer, of Philadelphia, Pennsylvania, has resigned from the practice of law before the Supreme Court of Pennsylvania, Eastern District, and this Court by order of February 27, 1995, having suspended the said Lawrence Mazer from the practice of law in this Court and directed that a rule issue requiring him to show cause why he should not be disbarred; And it appearing that the said rule was duly issued and served upon the respondent and that the time to file a response has expired; It is ordered that the said Lawrence Mazer be disbarred from the practice of law in this Court and that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. D-1517 IN THE MATTER OF DISBARMENT OF LEON EGGLESTON PROVINE It having been reported to the Court that Leon Eggleston Provine, of Grenada, Mississippi, has beenÔË'0*Á(Á(°°ÔŒ™ disbarred from the practice of law by the Supreme Court of Mississippi and this Court by order of February 27, 1995, having suspended the said Leon Eggleston Provine from the practice of law in this Court and directed that a rule issue requiring him to show cause why he should not be disbarred; And it appearing that the said rule was duly issued and served upon the respondent and that the time to file a response has expired; It is ordered that the said Leon Eggleston Provine be disbarred from the practice of law in this Court and that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. D-1519 IN THE MATTER OF JOHN EMERSON HIGH John Emerson High, of West Chester, Pennsylvania, having requested to resign as a member of the Bar of this Court, it is ordered that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. The Rule to Show Cause, heretofore issued on March 6, 1995, is hereby discharged. D-1539 IN THE MATTER OF DISBARMENT OF JAMES F. QUAID, JR. It is ordered that James F. Quaid, Jr., of Metairie, Louisiana, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. D-1540 IN THE MATTER OF DISBARMENT OF GEORGE JOSEPH WHITEHAIR It is ordered that George Joseph Whitehair, of Marlton, New Jersey, be suspended from the practice ofÔË'0*Á(Á(°°ÔŒ™ law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. D-1541 IN THE MATTER OF DISBARMENT OF ALAN R. BELL It is ordered that Alan R. Bell, of Fort Lee, New Jersey, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. D-1542 IN THE MATTER OF DISBARMENT OF NICHOLAS T. KITSOS It is ordered that Nicholas T. Kitsos, of Oak Brook, Illinois, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. D-1543 IN THE MATTER OF DISBARMENT OF JAMES K. YOUNG It is ordered that James K. Young, of Bloomingdale, Illinois, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. D-1544 IN THE MATTER OF DISBARMENT OF MICHAEL L. PRITZKER It is ordered that Michael L. Pritzker, of Northbrook, Illinois, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. ÔË'0*Á(Á(°°ÔŒ 94-1288 HIRAM WALKER AND SONS, INC. V. ELLER & COMPANY, INC. The motion of respondent for an award of costs is denied. Ô s58 Ô Ã Ã CERTIORARI GRANTEDÄ Ä 94-1471 VARITY CORP. V. HOWE, CHARLES, ET AL. The petition for a writ of certiorari is granted. Ô s4q Ôà à CERTIORARI DENIEDÄ Ä 93-564 KIDDER, PEABODY & CO. V. COOPERATIVA DE AHORRO, ETC. 93-1723 JOHNSTON, LARRY, ET AL. V. CIGNA CORP., ET AL. 93-9240 CRAWFORD, EDDIE A. V. ZANT, WARDEN Ô r5© Ô Ã ÃÄ Ä94-1143 CHANDLER, ROBERT V. UNITED STATES 94-1246 HEDGES, CLARENCE, ET AL. V. RTC, ETC., ET AL. 94-1284 KURINSKY, ANDREW, ET AL. V. UNITED STATES, ET AL. 94-1291 RYAN, DALE LYNN V. UNITED STATES 94-1304 WV ST. DEPT. OF TAX & REV. V. IRS 94-1316 SOUTHVIEW FARM, ET AL. V. CONCERNED AREA, ETC., ET AL. 94-1332 THOMAS, JACK, ET AL. V. PACIFIC RIVERS, ET AL. 94-1342 CONTI, GUILIO, ET UX. V. CIR 94-1421 SUGGS, ERNEST V. FLORIDA 94-1445 NILSEN, VANCE V. BORG, WARDEN, ET AL. 94-1447 SALKIND, ALEXANDER V. CA SUPER. CT., ETC., ET AL. 94-1449 COLUMBUS, GA, ET AL. V. QUETGLES, STEVE, ET AL. 94-1451 PANTRON I CORP., ET AL. V. FTC 94-1455 CARTER, ADOLPH V. DeTELLA, WARDEN 94-1456 GRISET, DANIEL, ET AL. V. FAIR POLITICAL PRACTICES 94-1463 NIPPER, JESSE, ET AL. V. SMITH, FL SEC. STATE, ET AL. 94-1465 ROBERTS, ELI MASON V. KINGS CTY. HOSP., ET AL. 94-1467 TAMPA CROWN DISTRIB. V. DIV. OF ALCOHOLIC BEV. OF FL 94-1470 EVANS, INC. V. SPIERER, LARRY ÔÌ'0*Á(Á(°°ÔŒ 94-1473 ) HOBBINS, TERESA, ET AL. V. KELLEY, MI ATTY. GEN. ) 94-1490 ) KEVORKIAN, JACK V. MICHIGAN 94-1485 ALLEN, JAMES V. McENTEE, EDWARD, ETC., ET AL 94-1500 FRITCH, JOHN, ET UX., V. CALALLEN INDEPEND SCH. DIST. 94-1520 FISHER, FREDERICK V. PENNSYLVANIA 94-1550 McBRIDE, CHALLONER MORSE V. WISCONSIN 94-1570 RELLA, DENNIS V. UNITED STATES 94-1571 HOWARD, VIKA, ETC. V. CRYSTAL CRUISES, INC. 94-1587 PUERTA, ANTONIO V. UNITED STATES 94-1593 AUSTIN, HILLARD V. UNITED STATES 94-1594 SIDOR, MARGARET V. JANIGA, BARBARA, ET AL. 94-7083 HILLARD, ROBERT V. WHITLEY, WARDEN 94-7485 HOLMQUIST, STEPHEN A. V. UNITED STATES 94-7511 GRAY, CHRISTOPHER S. V. DISTRICT COURT OF CO, ET AL. 94-7547 ADAMS, CRAIG S. V. GROOSE, SUPT., ET AL. 94-7737 STORM, DAVID RUSSELL V. UNITED STATES 94-7765 MARTIN, FAVIS C. V. BRISTOL, ERNEST, ET AL. 94-7836 HERNANDEZ, ADOLPH G. V. TEXAS 94-7853 WELLS, DUNNING R. V. UNITED STATES 94-7887 IBARRA©MARTINEZ, RUDOLFO V. UNITED STATES 94-7891 THOMAS, DONALD W. V. UNITED STATES 94-7913 MINETTI, GENE V. INTL. LONGSHOREMAN, ET AL. 94-7993 SMITH, CLIFFORD V. PENNSYLVANIA 94-8172 HOUSTON, BRYANT V. CLEVELAND 94-8198 ARMSTRONG, LANCELOT V. FLORIDA 94-8251 GARCIA, HENRY V. FLORIDA 94-8255 LITZENBERG, DOROTHY P. V. CARR, JUDGE, ETC., ET AL. 94-8260 JACKSON, ERNESTINE V. GARDNER, JUDGE, ETC. 94-8271 WRIGHT, DWAYNE A. V. VIRGINIA 94-8275 ) EARLS, JAMES E. V. UNITED STATES ) 94-8405 ) BISCHOF, BARRY D. V. UNITED STATES ÔË'0*Á(Á(°°ÔŒ 94-8278 RAMDASS, BOBBY LEE V. VIRGINIA 94-8289 HUGHES, WILLIAM V. SOUTHWORTH, JOHN R., ET AL. 94-8321 ABBOTT, JOEL TERENCE V. OREGON 94-8343 PALMER, LESLIE V. ILLINOIS 94-8364 COLEMAN, GERALD A. V. SINGLETARY, SEC., FL DOC 94-8385 RUDOLPH, CHARLES V. UNITED STATES 94-8404 UBOH, GEORGE N. V. UNITED STATES 94-8409 ) CLEMONS, EUGENE MILTON V. UNITED STATES ) 94-8627 ) SMITH, DEDRICK V. UNITED STATES 94-8420 HENSLEY, WILLIAM L. V. UNITED STATES 94-8425 GLANT, SUSAN K. V. FLORIDA BAR 94-8430 MERINO, THOMAS V. UNITED STATES 94-8432 LEE, EARL B. V. UNITED STATES 94-8439 CHAPA, ARNULFO V. UNITED STATES 94-8442 BONE, RAYMOND LAVON V. UNITED STATES 94-8449 BAZEMORE, LEVON V. UNITED STATES 94-8450 CHAMBRON, JOEL C. V. UNITED STATES 94-8451 ACOSTA, ARMANDO V. UNITED STATES 94-8455 ROMERO, JUSTO ENRIQUE ROQUE V. UNITED STATES 94-8456 LARA, ARTHUR V. UNITED STATES 94-8457 LONG, RAY V. OREGON 94-8458 NARVAEZ, ALBERTO H. V. UNITED STATES 94-8459 McCOLLUM, ROY V. UNITED STATES 94-8460 ) MASON, GREGORY V. UNITED STATES ) 94-8468 ) EVANS, RONALD J. V. UNITED STATES ) 94-8484 ) HAZEL, WILLIAM V. UNITED STATES 94-8478 PALMER, WILL ARTHUR V. UNITED STATES 94-8489 LANGLEY, JAMES L. V. BURTON, WARDEN, ET AL. 94-8491 TEAS, EDWARD L. V. NORRIS, DIR., AR DOC 94-8498 ) LEBARON, WILLIAM H. V. UNITED STATES ) 94-8500 ) LEBARON, PATRICIA V. UNITED STATES ÔË'0*Á(Á(°°ÔŒ 94-8505 PANIS, RENATO V. UNITED STATES 94-8506 SAMS, BRUCE V. UNITED STATES 94-8508 AFEMATA, DARRIN V. UNITED STATES 94-8513 SAMOILIW, WITALIY V. UNITED STATES 94-8515 ROMERO, JOSE MANUEL V. UNITED STATES 94-8518 WAITE, DEVON A. V. UNITED STATES 94-8519 THOMPSON, ERIC V. UNITED STATES 94-8522 HARRIS, LARRY V. UNITED STATES 94-8523 HARRIS, ALONZO L. V. UNITED STATES 94-8524 GRAJEDA, SENON G. V. UNITED STATES 94-8526 FALCON, JOSE C. V. UNITED STATES 94-8527 HERNANDEZ, ANDRES V. UNITED STATES 94-8528 DAVIS, DEMAREO L. V. UNITED STATES 94-8529 FIELD, NELSON V. UNITED STATES 94-8535 PHILLIPS, S. PATRICK V. UNITED STATES 94-8537 HICKS, NORRIS W. V. SCOTT, DIR., TX DCJ 94-8542 McCRAE, CHARLES A. V. UNITED STATES 94-8544 WILLIAMS, WILLIE V. UNITED STATES 94-8545 BRYANT, WILLIAM B. V. UNITED STATES 94-8547 MORALES©GARCIA, GERERDO V. UNITED STATES 94-8548 CHRISTOPHER, HERBERT LEE V. UNITED STATES 94-8561 CONTRERAS, JAVIER V. UNITED STATES 94-8563 MASON, MATHEW E. V. OHIO 94-8564 KHAN, MISAL V. UNITED STATES 94-8565 MADRIGAL, JORGE Z. V. UNITED STATES 94-8574 ROSALES, MYNOR RENE V. UNITED STATES 94-8575 HANDS, BOBBY V. UNITED STATES 94-8578 ) GREEN, MARVIN V. UNITED STATES ) 94-8620 ) SIMS, FRANK V. UNITED STATES ) 94-8629 ) WHEELER, JAMES A. V. UNITED STATES 94-8581 RUSSELL, ROBERT PETER V. UNITED STATES ÔË' 0*Á(Á(°°ÔŒ 94-8582 BULLARD, MILLER M. V. UNITED STATES 94-8584 BASKIN©BEY, MOZELLA V. UNITED STATES 94-8585 COURTS, GARY L. V. UNITED STATES 94-8586 REED, DAVID V. UNITED STATES 94-8590 STAUFFER, JAMES V. UNITED STATES 94-8591 ORTEGA, PABLO ROBERTO V. UNITED STATES 94-8592 ORTLOFF, ROBERT STANLEY V. UNITED STATES 94-8593 DAVIS, LARRY E. V. UNITED STATES 94-8594 HOWELL, SHANTA A., ET VIR V. UNITED STATES 94-8598 CAMACHO, MAURICIO V. UNITED STATES 94-8599 KEELEY, GERALD V. UNITED STATES 94-8601 DAVIS, JOSEPH T. V. UNITED STATES 94-8602 FOSTER, BOBBY O. V. UNITED STATES 94-8604 PARIS, CHRISTOPHER DEAN V. UNITED STATES 94-8606 AKINYEMI, ALEX O. V. UNITED STATES 94-8608 NODD, STEPHANIE V. UNITED STATES 94-8609 KOSINSKI, STEPHEN D. V. UNITED STATES 94-8611 ECHAVARRIA©OLARTE, ALVARO V. RENO, ATTORNEY GENERAL 94-8613 ROBERTSON, RICK V. UNITED STATES 94-8618 BULLA©HENAO, CARLOS V. UNITED STATES 94-8621 O'ROURKE, JOHN V. UNITED STATES 94-8626 RUSSELL, RODERIC SCOTT V. UNITED STATES 94-8632 MICHAEL, BARRY D. V. UNITED STATES 94-8633 NOTTINGHAM, RAYMOND B. V. UNITED STATES 94-8636 McDILE, ROBERT L. V. UNITED STATES 94-8639 LOVETT, ADRIAN M. V. UNITED STATES 94-8640 BALLEW, CECIL EUGENE V. UNITED STATES 94-8641 CARR, BRIAN ERIC V. UNITED STATES 94-8643 BEADLES, JOE HAVEN V. UNITED STATES 94-8645 WALTON, WILLIE L. V. UNITED STATES 94-8648 ROBINSON, EDWARD JASON V. UNITED STATES ÔË' 0*Á(Á(°°ÔŒ 94-8652 McREYNOLDS, WILBUR V. COMMR., MENTAL RETARDATION 94-8653 LUNDY, ALGERNON L. V. UNITED STATES 94-8660 HAMMONDS, LEE W. V. UNITED STATES Ð °°X° Ð 94-8668 CAMPBELL, MAYNARD CHARLES V. UNITED STATES 94-8669 HOGG, BILL V. UNITED STATES 94-8676 GONZALEZ, JOSE V. UNITED STATES 94-8677 MOSELEY, CARL V. NORTH CAROLINA 94-8686 COLLIER, PAUL WAYNE V. UNITED STATES 94-8687 BROCK, STEVEN RICHARD V. UNITED STATES 94-8688 CATALDO, WILLIAM PHILLIP V. UNITED STATES 94-8689 GREEN, CARL V. UNITED STATES 94-8694 McCOY, ROBIN V. UNITED STATES 94-8696 PORTER, RALEIGH V. FLORIDA, ET AL., 94-8697 LOPEZ, ALBEIRO A. V. UNITED STATES 94-8702 TSCHUOR, GERALD L. V. UNITED STATES 94-8703 WITHERSPOON, HARRY V. UNITED STATES The petitions for writs of certiorari are denied. 94-1287 ) PHILLIPS PET. CO. V. JOHNSON, GARY, ET AL. ) 94-1292 ) BABBITT, SEC. OF INTERIOR V. PHILLIPS PETROLEUM, ET AL. ) 94-1479 ) ATLANTIC RICHFIELD CO. V. BABBITT, SEC. OF INTERIOR The petitions for writs of certiorari are denied. Justice O'Connor took no part in the consideration or decision of these petitions. Ô s5P Ô Ã Ã HABEAS CORPUS DENIEDÄ Ä 94-8625 IN RE TERRY BOWEN 94-8699 IN RE TOOD VERDONE 94-8726 IN RE ROBERT S. VISINTINE The petitions for writs of habeas corpus are denied. Ð X°°° Ð Ô s5Ì' Ô Ã Ã MANDAMUS DENIEDÄ ÄÔÌ' 0*Á(Á(°°ÔŒ™ 94-8239 IN RE GLENN E. BREWER 94-8242 IN RE EURICA CALIFORRNIAA The petitions for writs of mandamus are denied. 94-8617 IN RE GEORGE R. WILSON The petition for writ of mandamus and/or prohibition is denied. Ô s5" Ô Ã ÃREHEARINGS DENIEDÄ Ä 94-7246 JONES, LONNIE V. BAKER, WARDEN 94-7582 IN RE RICHARD ENGLEFIELD 94-7725 LANE, NORA N. V. UNIVERSAL CITY STUDIOS, INC. 94-7999 VARGAS, REY D. V. THOMAS, WARDEN The petitions for rehearing are denied. 94-7657 LINEHAN, DENIS M. V. HARVARD UNIV. The petition for rehearing is denied. Justice Breyer took no part in the consideration or decision of this petition. Ô s5} ÔÁàòì1Áà ÃORDERƒ Ô r5Ì ÔÄ Ä It is ordered that the call of the calendar, except for special assignments, be suspended for the Term upon conclusion of the cases listed for hearing on Wednesday, April 26, 1995. Ô s5R ÔÁà”ì-Áà ÃRECESS ORDERƒ Ô s5¡ Ô Ä ÄThe Court will take a recess from Monday, May 1, 1995, until Monday, May 15, 1995. Ô s4Œ$ Ôà à MOTIONS FOR ADMISSIONÄ Ä The written motions for admission of the following lawyers to the Bar of this Court are granted: ÔÏ' 0*Á(Á(°°ÔŒÔ r5 Ô™Áàìì3Áà Ã Ä Ä ÁÁÁ` ` Á