ORDER LIST

TUESDAY, MAY 31, 1994

CERTIORARI -- SUMMARY DISPOSITION

92-1799 VISITING HOMEMAKER V. NLRB

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 National Labor

Relations Board v. Health Care & Retirement Corporation

of America, 511 U. S. (1994).

93-892 NTA GRAPHICS V. NLRB

The motion of Solicitor General to vacate and

remand is granted. The judgment is vacated as moot and

the case is remanded to the United States Court of

Appeals for the Sixth Circuit with instructions to

remand the case to the National Labor Relations Board to

vacate the Board's order in Case No. 8-CA-24277 and to

vacate the certification of the Union on which that

order was based. See United States v. Munsingwear, 340

U. S. 36, 39-40 (1950); Mechling Barge Lines v. United

States, 368 U. S. 324, 329-331 (1961); Board of

Governors of the Federal Reserve System v. Security

Bancorp, 454 U. S. 1118 (1981).

93-1079 UNITED STATES V. PRICE, MITCHELL LEE

The motion of respondent for leave to proceed in

forma pauperis is granted. 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 for further consideration in light

of Custis v. United States, 511 U. S. (1994).

93-6045 STARKES, WILLIAM EDWARD V. UNITED STATES

The motion of petitioner for leave to proceed in

forma pauperis and the petition for a writ of certiorari

are granted. The judgment is vacated and the case is

remanded to the United States Court of Appeals for the

Fourth Circuit for further consideration in light of

Staples v. United States, 511 U. S. (1994).

93-7816 ROSS, RALPH R. V. UNITED STATES

The motion of petitioner for leave to proceed in

forma pauperis and the petition for a writ of certiorari

are 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

Staples v. United States, 511 U. S. (1994).

ORDERS IN PENDING CASES

No. . TALAKKOTTUR R. DAVID V. JOHN F. HUDACS, COMMISSIONER

OF LABOR OF NEW YORK

The motion to direct the Clerk to file a

petition for a writ of certiorari out-of-time is denied.

No. . JOHN EDMOND V. CONSUMER PROTECTION DIVISION

The motion to direct the Clerk to file a petition

for writ of certioriari with an appendix that does not

comply with the Rules is denied.

A-906 CALIFORNIA V. GUSTAVO PIMENTEL

The application for stay of enforcement of

judgment addressed to Justice Scalia and referred to

the Court is denied.

D-1094 IN THE MATTER OF DISBARMENT OF HANS CHARLES OTTO FEIGE

It having been reported to the Court that Hans

Charles Otto Feige, of Coral Springs, Florida, has been

suspended from the practice of law by the Supreme Court

of Florida and this Court by order of March 23, 1992,

having suspended the said Hans Charles Otto Feige 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 a response has

been filed;

It is ordered that the said Hans Charles Otto Feige

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-1374 IN THE MATTER OF DISBARMENT OF HAROLD P. HEITMANN

It having been reported to the Court that Harold P.

Heitmann, of St. Louis, Missouri, has resigned from the

practice of law before the Supreme Court of Missouri and

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

the said Harold P. Heitmann 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 Harold P. Heitmann 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-1377 IN THE MATTER OF DISBARMENT OF JEFFREY DALE SPENCE

It having been reported to the Court that Jeffrey

Dale Spence, of Seattle, Washington, has been disbarred

from the practice of law by the Supreme Court of

Washington and this Court by order of April 4, 1994,

having suspended the said Jeffrey Dale Spence 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 Jeffrey Dale Spence 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-1378 IN THE MATTER OF DISBARMENT OF JULIUS JENNINGS WADE, JR.

It having been reported to the Court that Julius

Jennings Wade, Jr., of Charlotte, North Carolina, has

been disbarred from the practice of law by the Supreme

Court of North Carolina and this Court by order of April

4, 1994, having suspended the said Julius Jennings Wade,

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 Julius Jennings Wade,

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-1387 IN THE MATTER OF DISBARMENT OF GERALD McNAMARA CHAPMAN

It having been reported to the Court that Gerald

McNamara Chapman, of Arlington Heights, Illinois, has

been suspended from the practice of law by the Supreme

Court of Illinois and this Court by order of April 18,

1994, having suspended the said Gerald McNamara Chapman

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 a response has

been filed;

It is ordered that the said Gerald McNamara Chapman

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-1397 IN THE MATTER OF DISBARMENT OF EDWARD H. CLOUTIER

It is ordered that Edward H. Cloutier, of Livermore

Falls, Maine, 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.

93-1353 UNITED STATES V. SIMPSON, DONALD, ET AL.

The motion of respondent Molina for leave to

proceed in forma pauperis is granted. The motion of

respondent Simpson for leave to proceed in forma

pauperis is granted.

93-7927 KYLES, CURTIS L. V. WHITLEY, WARDEN

The motion for appointment of counsel is granted

and it is ordered that George W. Healy, III, Esquire, of

New Orleans, Louisiana, is appointed to serve as counsel

for the petitioner in this case.

93-8621 McDONALD, BUFFORD V. NEW MEXICO, ET AL.

The motion of petitioner for leave to proceed in

forma pauperis is denied. See Rule 39.8. Petitioner is

allowed until June 21, 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

93-1660 ARIZONA V. EVANS, ISAAC

The motion of respondent for leave to proceed in

forma pauperis without an affidavit of indigency

executed by respondent is granted. The petition for a

writ of certiorari is granted.

CERTIORARI DENIED

93-1196 DE MAIO, LOUIS V. BROWN, ANITA, ET AL.

93-1307 KANSAS PUB. EMPLOYEES, ETC. V. REIMER & KOGER ASSOCIATES

93-1365 SAMMETT CORP. V. KEY ENTERPRISES OF DELAWARE

93-1384 DOWNTOWN FRANKFORT, ET AL. V. CAPITAL AREA RT. TO LIFE

93-1405 PARLAVECCHIO, NICHOLAS, ETC. V. UNITED STATES

93-1407 PEARSON, ROBIN V. UNITED STATES

93-1436 HENRY, STANLEY V. WETZLER, JAMES, ET AL.

93-1455 HAYES, MARY, ETC., ET AL. V. DOUGLAS DYNAMICS, INC.

93-1473 TERNES, RAYMOND V. BERCHARD, KARREEN, ET AL.

93-1532 COX, JAMES M. V. UNITED STATES

93-1556 KARATINOS, APHRODITE, ET VIR V. JUNO BEACH, FLORIDA

93-1561 COLLINS, BISHOP, ET AL. V. THOMPSON, GERALD, ET AL.

93-1565 LA DEPT. OF TRANS. & DEV. V. WIEDEMAN, ANTHONY, ET AL.

93-1566 WEAVER, HARVEY NICHOLAS V. CALIFORNIA, ET AL.

93-1567 A. J. INDUSTRIES, INC. V. HEDGES, DEANE, ET UX., ET AL.

93-1568 SILSTAR CORP. OF AM., INC. V. SHAKESPEARE, INC.

93-1571 QUTB, ELIZABETH, ETC., ET AL. V. BARTLETT, STEVE, ETC., ET AL.

93-1573 CHAMNESS, RONALD, ET AL. V. FDIC, ET AL.

93-1579 VAUGHAN, DANNY V. FIRST NATL. BANK, ET AL.

93-1581 SEATTLE, ET AL. V. BASCOMB, PAUL, ET AL.

93-1583 TEXAS COMMERCE BANCSHARES V. GROSSMAN, STANLEY

93-1585 ANONSEN, NANCY, ET AL. V. DONAHUE, PHIL, ET AL.

93-1586 INTL. WOODWORKERS, ET AL. V. WEYERHAEUSER COMPANY

93-1589 SEARS, ROEBUCK & CO., ET AL. V. HARRIS, ANNIE, ET AL.

93-1593 HILLARY, ROSETTA V. TWA, INC.

93-1594 GOLDEN VALLEY MICROWAVE, ETC V. WEAVER POPCORN CO., ET AL.

93-1598 STEELE, ROBERT V. STATE BAR OF MONTANA

93-1607 BROTHERS, LANDA V. BROTHERS, PAUL, ET AL.

93-1614 HUGHES, BOBBY V. NORFOLK & W. RWY. CO.

93-1618 GRAHAM, GARY, ET AL. V. BUTTERWORTH, A.G. OF FL

93-1619 BROYDE, BERYL, ET AL. V. GOTHAM TOWER, INC., ET AL.

93-1653 MILLER, ROGER LEE V. ARKANSAS

93-1658 GILBERT-BEY, REGINALD V. UNITED STATES

93-1693 EMPLOY. UNDERWRITERS, ET AL. V. WEAVER, JIMMY, ET UX.

93-1699 BURACKER, ROBERT, ETC. V. WILT, GLENN, ET UX.

93-1701 DAVIES, PAUL V. UNITED STATES

93-1706 CROSETTO, JOHN, ET AL. V. WISCONSIN STATE BAR, ET AL.

93-1712 JOHNSON, GREGORY V. UNITED STATES

93-1718 UBEROI, MAHINDER V. UNIVERSITY OF CO, ET AL.

93-1721 COBB COUNTY, GEORGIA V. HARVEY, BRUCE, ET AL.

93-1725 GONZALEZ-BALDERAS, HILARIO V. UNITED STATES

93-1727 FASSNACHT, GEORGE V. PHILADELPHIA

93-1730 MICCIO, ARTHUR V. NJ DEPT. OF COM. AFFAIRS

93-1731 SMITH, GEORGE DAVID V. UNITED STATES

93-1733 JONES, DAVID V. UNITED STATES

93-5464 ROMAN, LAZARO V. UNITED STATES

93-5562 WATT, RONALD DEE V. UNITED STATES

93-5570 ELLIOTT, DAVID V. UNITED STATES

93-6321 DAY, ALONZO V. UNITED STATES

93-6385 BYRD, CHARLES EUGENE V. UNITED STATES

93-6448 BRADSHAW, CRAIG V. UNITED STATES

93-6495 JOHNSON, EARNEST M. V. UNITED STATES

93-6600 JACKSON, MARVIS D. V. UNITED STATES

93-7213 VALENZUELA-LOPEZ, MARCO V. UNITED STATES

93-7234 TREVIZO-ORTIZ, JOSE JESUS V. UNITED STATES

93-7514 HERNANDEZ, MANUEL L. V. UNITED STATES

93-7654 DuPONT, DAVID B. V. UNITED STATES

93-7851 GAY, FREDO V. UNITED STATES

93-7881 EDSALL, LUIZ V. UNITED STATES

93-7936 SMITH, ERSKINE V. UNITED STATES

93-8027 NAVARETTE-AVENDANO, JOSE V. UNITED STATES

93-8153 WILSON, CLAUDIA V. UNITED STATES

93-8175 RIVAS-GAYTAN, HERIBERTO V. UNITED STATES

93-8188 RUSSELL, JAMES M. V. SHAKER HEIGHTS, ET AL.

93-8210 NELSON, BYRON P. V. UNITED STATES

93-8276 DINGLE, RODNEY V. UNITED STATES

93-8319 MIDDLETON, KENNETH G. V. LOCKHART, GERALDINE, ET AL.

93-8431 ALMODOVAR, ALEXY V. NEW YORK

93-8466 WEBBER, LONNIE V. VANDREW, WILL, ET AL.

93-8577 POTILLOR, RICHARD V. ESTELLE, WARDEN

93-8578 MERRIWEATHER, THOMAS V. MITCHELL, WARDEN

93-8601 MAKIN, AKEEM A. V. CO TERR. CORR. FACILITY

93-8603 HAMANI, WALI S. V. MORTON, ADMINR., ET AL.

93-8612 GODIN, JOHN V. NEW YORK

93-8613 TOWNLEY, JAMES V. JONES, WARDEN

93-8619 LANGE, MICHAEL A. V. HEITKAMP, M. K., ET AL.

93-8624 WILLIAMS, STEPHEN ERIC V. HAWLEY, WARDEN

93-8628 TAVERAS, SIGFREDO V. NY DEPT. OF CORRECTIONAL

93-8630 SLOAN, ISMAIL V. GUILLORY, WARDEN

93-8634 STREETER, SAMUEL V. BURTON, WARDEN

93-8635 HOLLAWELL, JOHN V. STEPANIK, SUPT., ET AL.

93-8641 JOHNSON, TYRONE V. MANN, SUPT., SHAWANGUNK

93-8646 TRUJILLO-GARCIA, EDUARDO V. ROWLAND, WARDEN, ET AL.

93-8650 THANDIWE, TULINAGWE V. COMPTON, WARDEN, ET AL.

93-8651 THANDIWE, TULINAGWE V. STRAHAN, CURTIS, ET AL.

93-8657 DOCTOR, GARY V. PENNSYLVANIA

93-8659 BAIN, MAY VALENTINE V. FLORIDA

93-8662 WITT, HAROLD CLYDE V. CALIFORNIA

93-8664 BURNETT, TERRY V. FAIRLEY, LINDSEY, ET AL.

93-8669 HODGE, MICHAEL L. V. IDAHO

93-8670 GONZALEZ, FEDERICO R. V. UNITED STATES

93-8671 VON FLOWERS, WILLIAM V. GUDMANSON, WARDEN

93-8673 HILL, DARNELL, ET AL. V. CALIFORNIA

93-8694 COTNER, ROBERT E. V. CODY, WARDEN, ET AL.

93-8695 CARPENTER, FRANKLIN, ET UX. V. BLANKENSHIP, JACQUELINE L.

93-8699 KING, DAVID L. V. TEXAS

93-8701 HETT, H. PAUL V. MADISON MUTUAL INS., ET AL.

93-8702 ESNAULT, ALVIN D. V. COLORADO, ET AL.

93-8703 GOMEZ, JUAN C. V. GOMEZ, DIR., CA DOC, ET AL.

93-8715 DESMOND, JOHN F. V. HALDANE, MARK T., ET AL.

93-8718 FROMAL, PATRICIA W. V. ROBINS, JOHN E., ET AL.

93-8725 CHOUDHARY, MOHAMMAD A. V. VT DEPT. OF PUBLIC SERVICE

93-8767 GREEN, CHARLES V. KUHLMAN, SUPT., SULLIVAN

93-8774 AYRS, JULIAN V. PRUDENTIAL-LMI, ET AL.

93-8782 ESPINAL, RAMON V. UNITED STATES

93-8804 MARTIN, HUBERT L. V. SCOTT, DIR., TX DCJ

93-8809 McFAIL, RANDY A. V. UNITED STATES

93-8841 MUNOZ, MATTIAS V. UNITED STATES

93-8844 MUNIR, DUWAD A. V. SCOTT, ELTON I., ET AL.

93-8869 FREEMAN, WILLIAM B. V. UNITED STATES

93-8872 ZACK, WILLIAM D. V. UNITED STATES

93-8880 ALVAREZ, EFRAIN V. UNITED STATES

93-8881 CARDENAS, RITA ANN V. UNITED STATES

93-8882 ARMENTA-LOPEZ, REGINO V. UNITED STATES

93-8884 MAHN, PAUL V. UNITED STATES

93-8887 RODREIQUEZ, JONFIT V. UNITED STATES

93-8895 CLAY, ROY LEE V. UNITED STATES

93-8896 SMITH, SHEILA V. UNITED STATES

93-8897 WILSON, WILLIAM R. V. UNITED STATES

93-8901 GROTE, ROBERT A. V. COPELAND, WARDEN

93-8905 MONTES-MERCADO, JULIAN V. UNITED STATES

93-8908 RICHMOND, EARL V. UNITED STATES

93-8912 BANKS, BOBBIE V. UNITED STATES

93-8913 BARRERO, EFRAIN V. UNITED STATES

93-8915 CARPENTER, REGINALD V. UNITED STATES

93-8920 HALL, JON C. V. UNITED STATES

93-8928 BYERS, EARL V. UNITED STATES

93-8930 COLELLO, JOSEPH, ET UX. V. UNITED STATES

93-9027 CONN, BOBBY STEARLING V. WELLS, H. GARY

The petitions for writs of certiorari are denied.

93-1488 NEW YORK V. MARTINEZ, ANDRE

93-1596 ALABAMA V. WATKINS, DARRYL

The motions of respondents for leave to proceed in

forma pauperis are granted. The petitions for writs of

certiorari are denied.

93-1578 DIOCESE OF CO, ET AL. V. MOSES, MARY, ETC.

The motion of The American Association of Pastoral

Counselors for leave to file a brief as amicus curiae is

granted. The motion of Colorado Catholic Conference, et

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

granted. The motion of Bear Valley Church of Christ, et

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

granted. The petition for a writ of certiorari is

denied.

93-1610 COLLINS LICENSING V. AT&T

The petition for a writ of certiorari is denied.

Justice O'Connor took no part in the consideration or

decision of this petition.

93-8622 MATTHEWS, EARL V. SOUTH CAROLINA

The petition for a writ of certiorari is 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 sentence in this case.

HABEAS CORPUS DENIED

93-9011 IN RE BERNARD L. HAMILTON

93-9015 IN RE JoANN HUNWARDSEN

The petitions for writs of habeas corpus are

denied.

MANDAMUS DENIED

93-1647 IN RE GEORGE VOINOVICH, GOV. OF OHIO, ET AL.

93-8212 IN RE THOMAS G. PRESLEY

The petitions for writs of mandamus are denied.

REHEARINGS DENIED

93-1314 TAUBER, LASZLO V. SALOMON FOREX, INC., ET AL.

93-1344 FITZGERALD, FRANK V. MT DEPT. FAMILY SVCS., ET AL.

93-7028 NELSON, CARL V. JONES, STEPHANIE T.

93-7288 BOALBEY, RICHARD M. V. HAWES, ROBERT, ET AL.

93-7736 TYLER, MELVIN LEROY V. PURKETT, SUPT., FARMINGTON

93-7757 LIGHT, DON V. KIRK, JUDGE

93-7810 SNELL, RAYMOND V. DENVER, ET AL.

93-7938 THOMPSON, DOUGLAS W. V. UNITED STATES

93-7985 TAYLOR, ORIGEN V. STRICKLAND, EARNEST, ET AL.

The petitions for rehearing are denied.

93-7530 OMOIKE, ISSAC I. V. L. S. U.

The motion for leave to file a petition for

rehearing is denied.

RECESS ORDER

The Court will take a recess from Tuesday,

May 31, 1994, until Monday, June 6, 1994.

MOTIONS FOR ADMISSION

The written motions for admission of the following

lawyers to the Bar of this Court are granted: