ORDER LIST

MONDAY, MAY 23, 1994

CERTIORARI -- SUMMARY DISPOSITION

93-883 ICC, ET AL. V. OVERLAND EXPRESS, INC.

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 District of

Columbia Circuit for further consideration in light of

Security Services, Inc. v. Kmart Corporation, 511 U. S.

(1994). Justice Ginsburg took no part in the

consideration or decision of this case.

93-1129 COTTER & COMPANY V. BRIZENDINE, ROBERT

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 Seventh Circuit

for further consideration in light of Security Services,

Inc. v. Kmart Corporation, 511 U. S. (1994).

ORDERS IN PENDING CASES

D-1336 IN THE MATTER OF DISBARMENT OF WAYNE JEFFREY PRICE

It having been reported to the Court that Wayne

Jeffrey Price, of Brooklyn, New York, has been disbarred

from the practice of law by the Appellate Division,

Supreme Court of New York, Second Judicial Department, and

this Court by order of December 13, 1993, having

suspended the said Wayne Jeffrey Price 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 Wayne Jeffrey Price 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-1349 IN THE MATTER OF DISBARMENT OF GARRY MICHAEL COOPER

It having been reported to the Court that Garry

Michael Cooper, of Houston, Texas, has been suspended

from the practice of law by the Supreme Court of Texas

and this Court by order of January 10, 1994, having

suspended the said Garry Michael Cooper 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 Garry Michael Cooper 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-1359 IN THE MATTER OF DISBARMENT OF NEIL WARREN STEINHORN

It having been reported to the Court that Neil

Warren Steinhorn, of Baltimore, Maryland, has been

disbarred from the practice of law by the Court of

Appeals of Maryland and this Court by order of February

22, 1994, having suspended the said Neil Warren

Steinhorn 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 Neil Warren Steinhorn

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-1360 IN THE MATTER OF DISBARMENT OF BRUCE PROVDA

It having been reported to the Court that Bruce

Provda, of Floral Park, New York, has been suspended

from the practice of law by the Appellate Division,

Supreme Court of New York, First Judicial Department,

and this Court by order of February 22, 1994, having

suspended the said Bruce Provda 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 Bruce Provda 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-1364 IN THE MATTER OF DISBARMENT OF BRUCE A. HERRING

It having been reported to the Court that Bruce A.

Herring, of Placentia, California, has been disbarred

from the practice of law by the Supreme Court of

California and this Court by order of February 22, 1994,

having suspended the said Bruce A. Herring 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 Bruce A. Herring 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-1366 IN THE MATTER OF DISBARMENT OF A. KARL STEVENS, JR.

It having been reported to the Court that A. Karl

Stevens, Jr., of Tampa, Florida, has resigned from the

practice of law before the Supreme Court of Ohio and

this Court by order of February 22, 1994, having

suspended the said A. Karl Stevens, Jr., 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 A. Karl Stevens, Jr., 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-1372 IN THE MATTER OF DISBARMENT OF MICHAEL I. SMITH

It having been reported to the Court that Michael

I. Smith, of Washington, D. C., has resigned from the

practice of law before the Appellate Division, Supreme

Court of New York, First Judicial Department, and this

Court by order of March 21, 1994, having suspended the

said Michael I. Smith 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 Michael I. Smith 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-1376 IN THE MATTER OF DISBARMENT OF JACK NATH

It having been reported to the Court that Jack

Nath, of New Hyde Park, New York, has resigned from the

practice of law before the Appellate Division, Supreme

Court of New York, Second Judicial Department, and this

Court by order of March 28, 1994, having suspended the

said Jack Nath 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 Jack Nath 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-1391 IN THE MATTER OF DISBARMENT OF WILLIAM CASTRO

It is ordered that William Castro, of Miami,

Florida, 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-1392 IN THE MATTER OF DISBARMENT OF CARTER BLEDSOE

It is ordered that Carter Bledsoe, of McLean,

Virginia, 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-1393 IN THE MATTER OF DISBARMENT OF ERIO M. COMICI

It is ordered that Erio M. Comici, of Chesterfield,

Missouri, 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-1394 IN THE MATTER OF DISBARMENT OF NORMAN C. FARHAT

It is ordered that Norman C. Farhat, of Farmington

Hills, 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-1395 IN THE MATTER OF DISBARMENT OF LAWRENCE D. MORINGIELLO

It is ordered that Lawrence D. Moringiello, of

Brooklyn, New York, 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-1396 IN THE MATTER OF DISBARMENT OF JOSEPH G. CAIRO, JR.

It is ordered that Joseph G. Cairo, Jr., of Corona

Village, New York, 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.

93-823 NEBRASKA DEPT. OF REVENUE V. LOEWENSTEIN, JOHN

The motion of Federal Reserve Bank of New York for

leave to file a brief as amicus curiae is granted. The

motion of Council of State Governments, et al. for leave

to file a brief as amici curiae is granted.

93-1260 UNITED STATES V. LOPEZ, ALFONSO

93-1318 ICC V. TRANSCON LINES, ET AL.

The motions of the Solicitor General to dispense

with printing the joint appendices are granted.

93-1341 WEST PENN POWER CO., ET AL. V. PA PUB. UTL. COMMN., ET AL.

The Solicitor General is invited to file a brief in

this case expressing the views of the United States.

93-7745 JOHNSON, CARL I. V. JOHNSON, THERESA M.

The motion of petitioner for reconsideration of the

order denying leave to proceed in forma pauperis is

denied.

93-8569 IN RE FRED WHITAKER

The motion of petitioner for leave to proceed in

forma pauperis is denied. See Rule 39.8. Petitioner is

allowed until June 13, 1994, 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.

CERTIORARI GRANTED

93-1199 STONE, MARVIN V. INS

93-1525 LEBRON, MICHAEL V. NATL. RR PASSENGER CORP.

The petitions for writs of certiorari are granted.

93-1504 CELOTEX CORPORATION V. EDWARDS, BENNIE, ET UX.

The petition for a writ of certiorari is granted

limited to the following question: "Whether Rule 65.1 of

the Federal Rules of Civil Procedure allows enforcement

of a supersedeas bond, posted to stay execution of

judgment against a defendant that filed for

reorganization after the judgment became final, against

the non-bankrupt surety that issued the bond, even

though a bankruptcy court in another circuit has

attempted to restrain execution on supersedeas bonds

posted in favor of the debtor under section 105(a) of

the Bankruptcy Code."

93-1543 McKENNON, CHRISTINE V. NASHVILLE BANNER PUBLISHING

The motion of American Association of Retired

Persons, et al. for leave to file a brief as amici

curiae is granted. The petition for a writ of certiorari

is granted.

CERTIORARI DENIED

93-683 SECURITY SERVICES, ETC. V. GARVEY CORP., ET AL.

93-792 SILVEY REFRIGERATED CARRIERS V. H.J. HEINZ COMPANY

93-1133 GRAY, MAINE, ET AL. V. TRI-STATE RUBBISH, ET AL.

93-1215 MITCHELL ARMS, INC. V. UNITED STATES

93-1230 SCHNEIDER, DAVID V. UNITED STATES

93-1265 DOUGHARTY, GARY V. UNITED STATES

93-1335 SECURITY SERVICES, INC. V. JOHN H. HARLAND CO.

93-1403 ARTHUR, PEARL, ET AL. V. BELL ATLANTIC CORP., ET AL.

93-1470 METZGER, TOM, ET AL. V. BERHANU, ENGEDAW

93-1505 TRI-STATE RUBBISH, INC. V. AUBURN, MAINE, ET AL.

93-1508 MOSELEY, THOMAS, ET UX. V. GEORGIA, ET AL.

93-1526 NELSON, MICHAEL V. NELSON, PATRICIA

93-1527 ROGERS, HENRY LEON V. INVERNESS, FLORIDA, ET AL.

93-1528 CLARK, THOMAS V. BALTIMORE MUNICIPAL, ET AL.

93-1536 EJAY TRAVEL, INC., ET AL. V. ALGEMEEN BURGERLIJK, ETC.

93-1537 KEHS, ROBERT, ET AL. V. FOSTER, LARRY EUGENE, ET AL.

93-1541 ) HALL, FRANCES V. HALL, RICHARD

)

93-1542 ) CAMOSCIO, FRANK V. HALL, RICHARD

93-1545 RUSCITTI, EMILIANO, ET AL. V. FARMERS INS. EXCHANGE

93-1546 RAY, WILLIAM V. PEABODY INSTITUTE, ETC.

93-1548 JOHNSON, DeETTA, ETC. V. METHODIST MED. CENTER OF IL

93-1549 WESTCHESTER COUNTY, NY V. CT COMMR. OF TRANSP., ET AL.

93-1553 BOYD, HENRY V. GOOLSBY, AARON, ET AL.

93-1557 LAMB, CARL V. UNION CARBIDE CORP.

93-1558 SPRANGER, EDWARD V. RUNYON, POSTMASTER GEN.

93-1574 McNARON, CURTIS V. BROWN, SEC. OF VA

93-1580 KRUG, GREGORY V. AMBROSE, WILSON, ET AL.

93-1590 HARPER, NORMAN V. HARPER, JOAN

93-1600 EGB ASSOC., INC., ET AL. V. TCBY SYSTEMS, INC., ET AL.

93-1601 BACHTEL, RICHARD, ET AL. V. UNITED STATES

93-1605 ALLIED VAN LINES V. OBERG, GERALD, ET AL.

93-1611 WHITMAN, CHRISTINE, ET AL. V. DONOGHUE, DAVID, ET AL.

93-1616 GUZMAN, PAUL V. HUDSON, DIR., U.S. MARSHALS

93-1641 DOE, JOHN, ETC., ET AL. V. TULLAHOMA CITY SCH., ET AL.

93-1646 FORESTWOOD FARMS, INC. V. NLRB

93-1648 KAMIENSKI, PAUL V. NEW JERSEY

93-1664 WILLIAMS, WOODROW, ET UX. V. STEWART, JAMES, ETC.

93-1668 CROWELL, MELANIE V. UNITED STATES

93-1680 CONTRERAS-SUBIAS, JOSE V. UNITED STATES

93-1694 ADAMS, TERRY V. UNITED STATES

93-6253 ALLUM, ROBERT V. SECOND JUDICIAL DISTRICT CT.

93-7583 BLACK, EARL S. V. COLORADO

93-7699 KARIM-PANAHI, PARVIZ V. UNITED STATES, ET AL.

93-7826 GEERY, DANIEL V. USDC FOR IDAHO

93-7849 BARFIELD, RICHARD WAYNE V. SEC., NC DEPT. CRIME CONTROL

93-7856 BENNETT, TOSSIE V. BORG, WARDEN

93-7871 DUPARD, RONALD J. V. JARVIS, KAREN L., ET AL.

93-7935 KOWALCZYK, CHESTER V. THOMPSON, WARDEN, ET AL.

93-7979 LOWERY, KEVIN V. UNITED STATES

93-8006 MENA, TRISTAN V. CALIFORNIA

93-8035 GOINS, ERIC L. V. UNITED STATES

93-8049 BALOG, NICHOLAS V. SHALALA, SEC. OF H&HS

93-8070 MIKHAIL, MICHAEL A. V. RAILROAD RETIREMENT BOARD

93-8208 ISRAEL, AMAZIAH D. V. USDC MD FL

93-8255 STREETER, SAMUEL CHARLES V. ALABAMA

93-8295 WARREN, GERALD V. UNITED STATES

93-8299 STARKEY, LLOYD RAY V. HENDERSON, BRYAN

93-8428 CULP, JOHN L. V. UNITED STATES

93-8474 SHERMAN, RICHARD V. COMMUNITY CONSOLIDATED DIST.

93-8509 MURPHY, TERRENCE V. WESTCHESTER, ET AL.

93-8512 MAXWELL, ANTHONY V. ARVONIO, PATRICK

93-8513 LOPEZ, FRANK C. V. CALIFORNIA

93-8517 MEEKS, EDWARD E. V. CALIFORNIA

93-8527 RAY, CANDIS O. V. ERVIN, SAM J., ET AL.

93-8529 PRESSLEY, TERRY K. V. MEDLOCK, T. TRAVIS

93-8530 PAYNE, RICHARD V. ESCAMBIA COUNTY SHERIFF

93-8532 MEDINA, JERRY V. CALIFORNIA

93-8533 WILSON, EARL V. SANDERS, WARDEN

93-8537 DRAPER, JOHN CLINT V. GUNN, B. S., ET AL.

93-8538 LUCERO, PEDRO V. CALIFORNIA

93-8541 D'AMARIO, ARTHUR V. O'NEIL, ATTY. GEN. OF RI

93-8548 WILLIAMS, THOMAS V. SINGLETARY, DIR., FL DOC

93-8560 FRANKLIN, JEFFERY B. V. ENNIS POLICE DEPT., ET AL.

93-8561 REYNOLDS, ALMUS L. V. CALIFORNIA

93-8566 WALKER, GARY V. JONES, WARDEN

93-8567 TUCKER, TERRY JAMES V. NINK, WARDEN, ET AL.

93-8568 TOY, EDGAR V. FLORIDA

93-8574 LEWIS, LEON V. UNITED STATES

93-8584 DUKOVICH, DENNIS STEPHEN V. UNITED STATES

93-8588 EWELL, STACY L., ET AL. V. MURRAY, DIR., VA DOC, ET AL.

93-8591 GIPSON, FAITDON V. CALIFORNIA

93-8594 JORDAN, CARL M. V. ALABAMA

93-8595 KLEINSCHMIDT, MARIE, ET AL. V. LIBERTY MUTUAL INS., ET AL.

93-8598 MITCHELL, JERRY L. V. OSBORNE, WARDEN, ET AL.

93-8600 MACIEL, JAMES D. V. GOMEZ, DIR., CA DOC, ET AL.

93-8602 RICHARDS, JUSTO V. BARTLETT, SUPT., ELMIRA

93-8605 GRECO, LOUIS V. NELSON, SUPT., BAY STATE

93-8629 SLOAN, ISMAIL V. ROBERTS, CHARLES, ET AL.

93-8639 JEFFRESS, JESSE W. V. BROWN, SEC. OF VA

93-8660 THOMPSON, JAMES V. UNITED STATES

93-8661 VOIGT, GAIL ANNETTE V. LEWIS, DIR., AZ DOC

93-8668 GRIFFITH, KENRICK V. UNITED STATES

93-8693 BRANHAM, VERNON LEE V. UNITED STATES

93-8696 BARNUM, HERMAN LEE V. UNITED STATES

93-8726 LeBLANC, J. E. V. SHALALA, SEC. OF HHS

93-8734 RAU, RICHARD V. UNITED STATES

93-8763 KAPLAN, HOWARD J. V. UNITED STATES

93-8764 FORREST, TIMOTHY W. V. UNITED STATES

93-8765 KANU, GODWIN V. UNITED STATES

93-8773 FIALLO, MANUEL R. V. UNITED STATES

93-8779 ATAMANTYK, MICHAEL S. V. DEPT. OF DEFENSE

93-8781 KELLY, JOSEPH C. V. UNITED STATES

93-8784 COLVIN, JEWEL L. V. UNITED STATES

93-8786 McKAY, THOMAS V. UNITED STATES

93-8790 MESSER, ALAN L. V. UNITED STATES

93-8791 LEE, HENRY V. UNITED STATES

93-8794 McQUEEN, ROGER V. UNITED STATES

93-8797 McKNIGHT, SHAWN P. V. IOWA

93-8806 GHOLSTON, CHARLES O. V. UNITED STATES

93-8808 MARSHALL, KENNETH B. V. UNITED STATES

93-8812 JACKSON, LORENZO V. UNITED STATES

93-8814 DIAZ, HECTOR SAMUEL MARTINEZ V. VIRGIN ISLANDS

93-8817 HANKERSON, CLEVELAND V. UNITED STATES

93-8821 LEE, DEMETRIUS V. UNITED STATES

93-8826 SANTANA, CARLOS SANCHEZ V. UNITED STATES

93-8835 DRESSLER, JOACHIM E. V. WISCONSIN

93-8845 PHELPS, COY R. V. FEDERAL GOVERNMENT

93-8847 BROWN, JAY V. UNITED STATES

93-8850 DIZON, GEORGE MANUEL V. UNITED STATES

93-8856 SALCEDO, JOSE E. V. UNITED STATES

93-8857 BALL, BYRON ROBERT V. UNITED STATES

93-8862 GREGG, STEVEN D. V. UNITED STATES

93-8863 FREDETTE, ZACHARY S., ET AL. V. UNITED STATES

93-8878 ANTHONY, CARL V. UNITED STATES

93-8888 PAGE, DANA B. V. UNITED STATES

93-8889 MENDEZ, REYNALDO V. UNITED STATES

93-8892 CAZARES-BARRAGAN, GERARDO V. UNITED STATES

93-8904 HEILIG, HARRY L. V. UNITED STATES

The petitions for writs of certiorari are denied.

93-1533 PHILLIPS PET. CO. V. ROBERTSON OIL CO.

The petition for a writ of certiorari is denied.

Justice O'Connor took no part in the consideration or

decision of this petition.

93-1563 NORTHBROOK PROP. INS. CO. V. EDWARDS, BENNIE, ET UX.

The motion of Northbrook Property Insurance Company

for leave to intervene is denied. The motion of

Northbrook Property Insurance Company for leave to file

a brief as amicus curiae in No. 93-1504, Celotex

Corporation v. Edwards, is granted. The petition for a

writ of certiorari is dismissed.

93-5893 WILLIAMSON, RONALD KEITH V. OKLAHOMA

93-7957 BELTRAN-LOPEZ, MAURICIO V. FLORIDA

93-8089 TOWNS, TERRANCE V. ILLINOIS

93-8229 ARBELAEZ, GUILLERMO V. FLORIDA

93-8376 SAM, THAVIRAK V. PENNSYLVANIA

The petitions for writs of certiorari are denied.

Justice Blackmun dissenting:

Adhering to my view that the death penalty cannot

be imposed fairly within the constraints of our

Constitution, see my dissent in Callins v. Collins, 510

U.S. , (1994), I would grant certiorari and

vacate the death sentences in these cases.

MANDAMUS DENIED

93-8547 IN RE NOLAN L. JAMES

93-8616 IN RE E. LEE BEAUMONT

The petitions for writs of mandamus are denied.

REHEARINGS DENIED

93-6630 MURPHY, JAMES L. V. UNITED STATES

93-7108 SEMIEN, BENJAMIN V. SHALALA, SEC., H&HS

93-7696 GANT, ROBERT L. V. UNITED STATES

93-7813 ADAMS, CARL B. V. UNITED STATES

93-7820 WATSON, JOHNNY BELL V. MORRIS, DOROTHY, ET AL.

93-7892 STEEL, JOHN V. WACHTLER, SOL, ET AL.

93-7948 KENNEDY, MICHAEL A. V. COLLINS, DIR., TX DCJ

The petitions for rehearing are denied.

93-423 KATSIS, STAVROS V. INS

93-7501 MALDONADO, GEORGE V. UNITED STATES

The motions for leave to file a petition for

rehearing are denied.

93-7002 CAMPBELL, CHARLES R. V. WOOD, SUPT., ET AL.

The petition for rehearing is denied.

Justice Blackmun dissents from the denial

of rehearing. He would grant the petition

for rehearing, grant the petition for

certiorari, and vacate petitioner's death

sentence. See Callins v. Collins, 510 U.S.

, (1994).

RECESS ORDER

The Court will take a recess from Monday,

May 23, 1994, until Tuesday, May 31, 1994.

MOTIONS FOR ADMISSION

The written motions for admission of the following

lawyers to the Bar of this Court are granted: