ORDER LIST

MONDAY, NOVEMBER 9, 1992

APPEAL -- SUMMARY DISPOSITION

92-478 AZ HISPANIC COM. FORUM V. SYMINGTON, GOV. OF AZ, ET AL

The judgment is affirmed. Justice Stevens would

note probable jurisdiction and set the case for oral

argument. Justice O'Connor took no part in the

consideration or decision of this case.

CERTIORARI -- SUMMARY DISPOSITION

92-86 SIVLEY, WARDEN, ET AL. V. SOLER, CARLOS

The petition for a writ of certiorari is granted.

The judgment is vacated and the case is remanded to the

United States Court of Appeals for the Ninth Circuit

with directions to dismiss. United States v.

Munsingwear, Inc., 340 U. S. 36 (1950).

92-485 O'KEEFE, ACTING SEC. OF NAVY V. SPECTER, ARLEN, ET AL.

The petition for a writ of certiorari is granted.

The judgment is vacated and the case is remanded to the

United States Court of Appeals for the Third Circuit for

further consideration in light of Franklin v.

Massachusetts, 505 U. S. (1992).

ORDERS IN PENDING CASES

D-1152 IN THE MATTER OF DISBARMENT OF LARRY BURTON BACH

It having been reported to the Court that Larry

Burton Bach, of Dallas, Texas, has been disbarred from

the practice of law by the Supreme Court of Texas and

this Court by order of September 4, 1992, having

suspended the said Larry Burton Bach 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;

It is ordered that the said Larry Burton Bach 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-1154 IN THE MATTER OF DISBARMENT OF OSCAR BUREN LADNER

It having been reported to the Court that Oscar

Buren Ladner, of Gulfport, Mississippi, has resigned

from the practice of law before the Supreme Court of

Mississippi and this Court by order of September 4,

1992, having suspended the said Oscar Buren Ladner 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 Oscar Buren Ladner 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-1156 IN THE MATTER OF DISBARMENT OF JUAN PAUL ROBERTSON

It having been reported to the Court that Juan Paul

Robertson, of Beverly Hills, California, has resigned

from the practice of law before the Supreme Court of

California and this Court by order of September 4, 1992,

having suspended the said Juan Paul Robertson 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;

It is ordered that the said Juan Paul Robertson 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-1162 IN THE MATTER OF DISBARMENT OF T. JAY SALMEN

It having been reported to the Court that T. Jay

Salmen, of St. Paul, Minnesota, has been suspended from

the practice of law by the Supreme Court of Minnesota

and this Court by order of September 4, 1992, having

suspended the said T. Jay Salmen 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 T. Jay Salmen 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-1164 IN THE MATTER OF DISBARMENT OF PHILLIP FRASCINELLA

It having been reported to the Court that Phillip

Frascinella, of Santa Monica, California, has been

disbarred from the practice of law by the Supreme Court

of California and this Court by order of September 4,

1992, having suspended the said Phillip Frascinella 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;

It is ordered that the said Phillip Frascinella 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-1201 IN THE MATTER OF DISBARMENT OF REGINALD L. NORRIS

It is ordered that Reginald L. Norris, of Grand

Rapids, Michigan, 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-1202 IN THE MATTER OF DISBARMENT OF LEONARD LEIGHTON

It is ordered that Leonard Leighton, of San

Antonio, Texas, 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-1203 IN THE MATTER OF DISBARMENT OF DON MICHAEL BAUCUM

It is ordered that Don Michael Baucum, of San

Antonio, Texas, 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-1204 IN THE MATTER OF DISBARMENT OF FRANKLIN R. SEARS

It is ordered that Franklin R. Sears, of Fort

Worth, Texas, 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-1205 IN THE MATTER OF DISBARMENT OF HUBERT PHIL ISAACKS

It is ordered that Hubert Phil Isaacks, of Odessa,

Texas, 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.

111 ORIG. DELAWARE V. NEW YORK, ET AL.

The motions for additional time for oral argument

and for divided argument are granted in part and denied

in part. An additional ten minutes are allotted for oral

argument. The time for oral argument is divided as follows:

twenty minutes for Delaware; twenty minutes for New York;

and thirty minutes for one attorney in support of the

Report of the Special Master.

91-10 SPECTRUM SPORTS, INC., ET AL V. McQUILLAN, SHIRLEY

The motion of respondents for leave to file a

supplemental joint appendix is granted.

91-719 PARKE, WARDEN V. RALEY, RICKY

The motion of Criminal Justice Legal Foundation for

leave to file a brief as amicus curiae is granted.

91-5397 NEGONSOTT, EMERY V. SAMUELS, WARDEN, ET AL.

The motion of Iowa Tribe of Kansas and Nebraska, et

al. for leave to file a brief as amici curiae is

granted. The motion of the Solicitor General to permit

William K. Kelley, Esquire, to present oral argument pro

hac vice is granted.

91-8428 IN RE SYLVESTER JONES

92-5105 JONES, SYLVESTER V. WRIGHT, JUDGE, USDC, ET AL.

92-5407 MARTIN, JAMES L. V. SMITH, ET AL.

The motions of petitioners for reconsideration of

orders denying leave to proceed in forma pauperis are

denied.

92-190 UNITED STATES V. IDAHO, ETC.

The motion of the Solicitor General to dispense

with printing the joint appendix is granted.

92-443 ELFELT, JAMES M., ET AL. V. COOPER, ALBINA

The Solicitor General is invited to file a brief in

this case expressing the views of the United States.

92-5988 ANDERSON, JOHN A. V. WISCONSIN DEPT. OF REVENUE

The motion of petitioner for leave to proceed in

forma pauperis is denied. Petitioner is allowed until

November 30, 1992, within which to pay the docketing fee

required by Rule 38(a) and to submit a petition in

compliance with Rule 33 of the Rules of this Court.

Justice Blackmun and Justice Stevens, dissenting: For

the reasons expressed in Brown v. Herald Co., Inc., 464

U. S. 928 (1983), we would deny the petition for a writ

of certiorari without reaching the merits of the motion

to proceed in forma pauperis.

CERTIORARI GRANTED

92-259 OK TAX COMMN. V. SAC & FOX NATION

92-621 RAKE, DONALD, ET AL. V. WADE, WILLIAM J.

The petitions for writs of certiorari are granted.

91-8685 STINSON, TERRY L. V. UNITED STATES

The motion of petitioner for leave to proceed in

forma pauperis is granted. The petition for

a writ of certiorari is granted, limited to the

following question: "Whether a court's failure to follow

Sentencing Guidelines commentary that gives specific

direction that the offense of unlawful possession of a

firearm by a felon is not a crime of violence under USSG

Section 4B1.1, see USSG Section 4B1.2 comment. (n.2),

constitutes an 'incorrect application of the sentencing

guidelines' under 18 U.S.C. Section 3742(f)(1)."

CERTIORARI DENIED

91-1842 McCRORY, CHARLES, ET AL. V. RESOLUTION TRUST CORPORATION

91-2044 LEE, DENNIS M. V. CALIFORNIA

91-8031 LEAVITT, RICHARD A. V. IDAHO

91-8136 COCHRAN, JEFFREY V. UNITED STATES

91-8292 MONTGOMERY, WALTER V. GREER, WARDEN

92-137 RIDGECREST POLICE, ET AL. V. CURNOW, KENNETH C., ET AL.

92-224 BASSETT, LUELLA, ET AL. V. UNITED STATES

92-315 PERALES, CESAR A., ETC. V. NY CITY HEALTH, ETC., ET AL.

92-329 HEILPRIN, RICHARD A. V. WISCONSIN BD. ATTY'S., ETC.

92-333 ) DETROIT AUTO DEALERS, ET AL. V. FTC

)

92-510 ) FTC V. DETROIT AUTO DEALERS, ET AL.

92-359 ) KEENE CORP. V. ADAMS, LEONARD, ET AL.

)

92-360 ) OWENS-ILLINOIS, INC. V. BOLYARD, LINCOLN, ET AL.

92-371 4408 HILLSIDE CT., ET AL. V. UNITED STATES

92-393 FRAIRE, MARIA, ETC., ET AL. V. ARLINGTON, TEXAS, ET AL.

92-399 LINDO & MADURO, S.A., ET AL. V. UNITED STATES

92-407 MURPHY, REXFORD, ET AL. V. SULLIVAN, SEC. OF H&HS

92-453 MAZUR, ANTHONY, ET AL. V. MERCK & CO., INC.

92-465 LINDAMAN, DOUGLAS K. V. IOWA

92-468 PERRY, D.C. V. EASTMAN KODAK COMPANY

92-469 LOAGUE, CHARLES V. SUPER SAGLESS CORPORATION

92-471 MALONE SERVICE CO., ET AL. V. TEXAS

92-474 SHARP, CAREY F., ET AL. V. UNITED AIRLINES, ET AL.

92-481 WILLIAMS, BILLY F. V. EAGLE-PICHER INDUSTRIES

92-483 ASAM, JULIA V. TUSCALOOSA, ET AL.

92-488 SEEFELD, SANDRA V. OLSEN, CLAIRE, ET AL.

92-489 SAKARIA, ELPIS V. ALLSTATE LIFE INS., ET AL.

92-490 ARIZONA V. PETERSON, FLOYD O.

92-493 LIPWORTH, MARGARET, ETC. V. KAWASAKI MOTORS CORP, ET AL.

92-497 BABCOCK & WILCOX CO. V. INTL. INSURANCE CO., ET AL.

92-498 MERLING, BERNARD W. V. TRAVELERS INDEMNITY, ET AL.

92-499 SAC & FOX NATION V. OK TAX COMMN.

92-500 HENDRICKSON, STEVEN M. V. SANTA ANA, ET AL.

92-502 WAHRMAN, RAYMOND, ETC. V. WAHRMAN, JOHN, ET AL.

92-504 ANDERSEN, LEIF, ETC. V. SKY CRUISES, LTD., INC.

92-513 BAGGS, RALPH, ET AL. V. EAGLE-PICHER INDUSTRIES

92-514 ST. TAMMANY PARISH, ETC. V. INSBROK, ET AL.

92-520 BREMNER, ADAM C., ET AL. V. CHARLES, ELLEN, ET AL.

92-534 LUNDBERG, WALTER C. V. OREGON

92-537 GREAT LAKES DREDGE, ET AL. V. LINTON, DONALD, ET UX.

92-564 BOERER, BONNIE V. ZAKEN, RONNA

92-573 WADE, GEORGE, ET UX. V. IN SUPERIOR CT. DISC. COMMN.

92-598 ADAMSON, BRUCE CAMPBELL V. RUNYON, POSTMASTER GEN.

92-617 URWYLER, ROBERT J. V. CIR

92-624 PHELPS, COY V. RISON, WARDEN, ET AL.

92-630 ZAPATA, ANTONIO V. UNITED STATES

92-5288 OLIVER, CURTIS C. V. UNITED STATES

92-5295 FLORES, JUAN H. V. UNITED STATES

92-5474 HARLEY, HARVEY R. V. KEOHANE, WARDEN

92-5489 WARDLOW, JOHN RAY V. UNITED STATES

92-5503 BAUER, RICHARD JOSEPH V. UNITED STATES

92-5520 SCHMIDT, DARLENE V. PETERSON, COMMR., IRS

92-5539 GARCIA, ROBERT V. UNITED STATES

92-5545 BANKS, OSMOND V. UNITED STATES

92-5548 SHOUPE, BART ELLIS V. UNITED STATES

92-5560 NEWMAN, STEVEN R. V. UNITED STATES

92-5592 VILLEGAS, EDWARD V. UNITED STATES

92-5615 MAXWELL, ANDREW V. ILLINOIS

92-5640 FASSLER, LAWRENCE A. V. US PAROLE COMM., ET AL.

92-5677 MINEFIELD, JAMES C. V. UNITED STATES

92-5712 MILLS, ALBERT E., ET AL. V. UNITED STATES

92-5866 CONDE, ROBERT V. UNITED STATES

92-5870 JONES, LAWRENCE R. V. MURRAY, DIR., DOC, ET AL.

92-5879 BROWN, SIDNEY V. BORGERT, WARDEN

92-5886 GESCHWENDT, GEORGE V. RYAN, SUPT., ET AL.

92-5888 MANNING, RICHARD A. V. UNITED STATES

92-5902 ELLIS, MARSHALL V. OKLAHOMA

92-5903 MEDLEY, CHARLES V. THOMAS, WARDEN

92-5906 ELKIN, MICHAEL V. FAUVER, WILLIAM, ET AL.

92-5909 YOUNG, DALE V. NEBRASKA

92-5927 GROFF, ELSWORTH L. V. QUINN, VINCENT J., ET AL.

92-5928 JOHNSON, DANIEL V. HALE, SELDON, ET AL.

92-5941 ORTIZ, IGNACIO A. V. ARIZONA

92-5943 ROBY, ISAAC V. SKUPIEN, GEORGE

92-5947 MERCHAN, HUSSEIN A. V. UNITED STATES

92-5948 BAGLEY, H. M. V. OKLAHOMA

92-5951 DIX, MATTHEW V. PENNSYLVANIA, ET AL.

92-5962 JOHNSON, JULIE A. V. SPELLING-GOLDBERG PROD.

92-5985 LEE, RODNEY K. V. UNITED STATES

92-5989 CUOZZO, ALPHONSE V. UNITED STATES

92-5999 BLAIR, WINSTON R. V. LOCKHART, DIR., AR DOC

92-6006 JONES, RONALD L. V. UNITED STATES

92-6009 HAYS, HENRY F. V. ALABAMA

92-6019 FARLEY, JAMES E. V. LOVE, WARDEN, ET AL.

92-6029 POORMAN, RICHARD V. O'DEA, WARDEN

92-6039 NELSON, DAVID V. UNITED STATES

92-6041 RANKEL, ROBERT V. TRACY, LAWRENCE, ET AL.

92-6043 RHODES, MANDELL V. COLLINS, DIR., TX DCJ

92-6045 FULCHER, WAYNE V. UNITED STATES

92-6047 HUNT, STACIE B. V. THOMPSON, MALCOLM, ET AL.

92-6059 SNELL, BRENDA V. UNITED STATES

92-6063 CORREA, JOSE M. V. UNITED STATES

92-6065 FASSLER, LAWRENCE V. UNITED STATES

92-6074 JAVINO, DALE R. V. UNITED STATES

92-6079 GALLAGHER, RUSSELL K., ET UX V. SEC

92-6100 BLACK, FORREST S. V. UNITED STATES

92-6101 BETANCOURT, AUGUSTO S. V. UNITED STATES

92-6104 REGINO-DELGADO, ARMANDO V. UNITED STATES

92-6110 JORDAN, KIMBERLY A., ET AL. V. UNITED STATES

92-6112 ROMERO, CRICIENTE V. UNITED STATES

92-6113 PRICE, WALTER J. V. UNITED STATES

92-6114 McILROY, ENOCH V. UNITED STATES

92-6122 WHITE, HENRY V. UNITED STATES

92-6123 CARTER, DARRYL V. UNITED STATES

92-6124 FORERO, LEONARDO A. V. UNITED STATES

92-6127 HENDERSON, RAYMOND R. V. UNITED STATES

92-6131 DONAHUE, JOSEPH V. UNITED STATES

92-6134 SHEROD, CHRISTOPHER V. UNITED STATES

92-6143 LUCUMI, DAVID V. UNITED STATES

92-6146 BLEVINS, WILLIAM V. UNITED STATES

92-6147 HARRIS, STANLEY V. UNITED STATES

92-6149 COOPER, JAMES O. V. UNITED STATES

92-6150 JOHNSON, EVONNA V. V. UNITED STATES

92-6151 SENTIBANEZ, RUBEN V. UNITED STATES

92-6163 HALL, TRACEY A. V. UNITED STATES

92-6174 MUNGUIA, MIGUEL V. UNITED STATES

92-6181 TEMPLEMAN, CHUCK V. UNITED STATES

92-6184 HALL, ANDREW L. V. UNITED STATES

92-6185 JOHNSON, JOHN P. V. UNITED STATES

92-6215 MATIAS, ANITA J. V. HAWAII

The petitions for writs of certiorari are denied.

91-1283 GREENBERG, EXECUTOR V. H & H MUSIC CO., ET AL.

The petition for a writ of certiorari is denied.

Justice Blackmun and Justice O'Connor would grant

certiorari.

91-1877 ) PACHECO, PHILLIP, ET AL. V. DeFOOR, YVONNE E., ET AL.

)

91-1922 ) DeFOOR, YVONNE E., ET AL. V. COLORADO, ET AL.

The motion of Colorado Intergovernmental Risk

Sharing Agency for leave to file a brief as amicus

curiae in No. 91-1922 is granted. The petitions for

writs of certiorari are denied.

92-264 ) ARCADIA, ET AL. V. OHIO POWER CO., ET AL.

)

92-280 ) FERC V. OHIO POWER CO., ET AL.

The motion of National Association of State

Utility Consumers Advocate, et al. for leave to file a

brief as amici curiae is granted. The petitions for

writs of certiorari are denied. Justice Blackmun would

grant certiorari.

92-506 CHEVRON TRANSPORT, ET AL. V. GREAT LAKES DREDGE & DOCK

92-5524 LOPEZ-GIL, JESUS M. V. UNITED STATES

The petitions for writs of certiorari are denied.

Justice White would grant certiorari.

92-523 HEIM, ARTHUR V. REHNQUIST, CHIEF JUSTICE

The petition for a writ of certiorari is denied.

The Chief Justice and Justice Blackmun took no part in

the consideration or decision of this petition.

92-635 WALSH, LAWRENCE V. BOARD OF ADMIN. OF PUB. EMP.

The petition for a writ of certiorari is denied.

Justice Kennedy took no part in the consideration or

decision of this petition.

MANDAMUS DENIED

92-548 IN RE KIRK WHITCOMBE

The petition for a writ of mandamus is denied.

REHEARINGS DENIED

91-7237 McFADDEN, CRAWLEY D. V. DERWINSKI, SECRETARY OF VA

91-8106 HAGMANN, ROBERT F. V. UNITED STATES

91-8330 McLEAN, KENNETH V. COMMONWEALTH CT. OF PA

91-8445 BACIGALUPO, MIGUEL A. V. CALIFORNIA

91-8473 PRENZLER, LYLE V. KLEINMAN, CONRAD J.

91-8481 PRENZLER, LYLE H. V. KLEINMAN, CONRAD J.

92-140 GREENMAN, DONALD, ET UX. V. CITY OF CORTLAND

92-5464 RAYMOND, CARLOS A. V. DEPT. OF VETERANS AFFAIRS

92-5629 IN RE DONALD E. JOHNSON

The petitions for rehearing are denied.

RECESS ORDER

The Court will take a recess from Monday, November 16,

1992 until Monday, November 30, 1992.

MOTIONS FOR ADMISSION

The written motions for admission of the following

lawyers to the Bar of this Court are granted: