ORDER LIST

MONDAY, NOVEMBER 6, 1995

ORDERS IN PENDING CASES

A-371 LEMOND CONSTRUCTION COMPANY V. RICHARD WHEELER

The application for a stay of the execution

of the judgment of the Supreme Court of Alabama, case

No. 1930866, entered on September 29, 1995, presented

to Justice Kennedy and by him referred to the Court

is granted pending the timely filing and disposition

by this Court of a petition for a writ of certiorari.

Should the petition for a writ of certiorari be denied,

this stay terminates automatically. In the event the

petition for a writ of certiorari is granted, this stay

shall continue pending the issuance of the mandate of

this Court.

A-377 OWEN-ILLINOIS CORPORATION V. MONTY J. REKDAHL, ET AL.

The application for a stay of the execution of the

judgment of the California Court of Appeal, Second

Appellate District, Division Three, case No. B068259,

entered on May 25, 1995, presented to Justice O'Connor

and by her referred to the Court is granted pending

the timely filing and disposition by this Court of a

petition for a writ of certiorari. Should the petition

for a writ of certiorari be denied, this stay terminates

automatically. In the event the petition for a writ of

certiorari is granted, this stay shall continue pending

the issuance of the mandate of this Court.

D-1585 IN THE MATTER OF DISBARMENT OF JOSEPH CHRISTOPHER PALMISANO

Joseph Christopher Palmisano, of Scottsdale,

Arizona, having been suspended from the practice of law

in this Court by order of September 1, 1995; and a rule

having been issued and served upon him requiring him to

show cause why he should not be disbarred; and the time

to file a response having expired;

It is ordered that Joseph Christopher Palmisano is

disbarred from the practice of law in this Court.

D-1602 IN THE MATTER OF DISBARMENT OF THOMAS E. BRYANT, JR.

Thomas E. Bryant, Jr., of Mobile, Alabama, is

suspended from the practice of law in this Court and a

rule will issue, returnable within 40 days, requiring

him to show cause why he should not be disbarred from

the practice of law in this Court.

D-1603 IN THE MATTER OF DISBARMENT OF PHILLIP E. SHAPIRO

Phillip E. Shapiro, of New York, New York, is

suspended from the practice of law in this Court and a

rule will issue, returnable within 40 days, requiring

him to show cause why he should not be disbarred from

the practice of law in this Court.

D-1604 IN THE MATTER OF DISBARMENT OF GEORGE EDWARD CARSON

George Edward Carson, of Jackson, California, is

suspended from the practice of law in this Court and a

rule will issue, returnable within 40 days, requiring

him to show cause why he should not be disbarred from

the practice of law in this Court.

D-1605 IN THE MATTER OF DISBARMENT OF NORMAN EDELL

Norman Edell, of Los Angeles, California, is

suspended from the practice of law in this Court and a

rule will issue, returnable within 40 days, requiring

him to show cause why he should not be disbarred from

the practice of law in this Court.

D-1606 IN THE MATTER OF DISBARMENT OF RANDALL EUGENE SMITH

Randall Eugene Smith, of Bradenton, Florida, is

suspended from the practice of law in this Court and a

rule will issue, returnable within 40 days, requiring

him to show cause why he should not be disbarred from

the practice of law in this Court.

D-1607 IN THE MATTER OF DISBARMENT OF CHARLES T. MORRISON, JR.

Charles T. Morrison, Jr., of Los Angeles,

California, is suspended from the practice of law in

this Court and a rule will issue, returnable within 40

days, requiring him to show cause why he should not be

disbarred from the practice of law in this Court.

D-1608 IN THE MATTER OF DISBARMENT OF STEVEN E. HEATH

Steven E. Heath, of Bradley Beach, New Jersey, is

suspended from the practice of law in this Court and a

rule will issue, returnable within 40 days, requiring

him to show cause why he should not be disbarred from

the practice of law in this Court.

D-1609 IN THE MATTER OF DISBARMENT OF CARL C. HENDRICKS, JR.

Carl C. Hendricks, Jr., of Beaufort, South

Carolina, is suspended from the practice of law in this

Court and a rule will issue, returnable within 40 days,

requiring him to show cause why he should not be

disbarred from the practice of law in this Court.

D-1610 IN THE MATTER OF DISBARMENT OF S. PATRICK PHILLIPS

S. Patrick Phillips, of Bossier City, Louisiana, is

suspended from the practice of law in this Court and a

rule will issue, returnable within 40 days, requiring

him to show cause why he should not be disbarred from

the practice of law in this Court.

M-19 BENJAMIN BREWER V. RON WARD, WARDEN

The motion for leave to proceed in forma pauperis

without an affidavit of indigency executed by petitioner

is denied. Justice Stevens, Justice Kennedy, Justice

Ginsburg and Justice Breyer would grant the motion.

M-20 CHARLES R. KENDALL, JR. V. CITY OF TACOMA

The motion to direct the Clerk to file a

petition for a writ of certiorari is denied.

94-896 BMW OF N. AM., INC. V. GORE, IRA

The motion of petitioner for leave to file a

supplemental brief after argument is granted. The motion

of respondent for leave to file a supplemental brief

after argument is granted.

94-923 ) SHAW, RUTH, ET AL. V. HUNT, GOV. OF NC, ET AL.

)

94-924 ) POPE, ART, ET AL. V. HUNT, GOV. OF NC, ET AL.

The motion of appellants James Arthur Pope, et al.

for divided argument is granted. The motion of appellees

for divided argument is granted. The motion of the

Solicitor General for leave to participate in oral

argument as amicus curiae, for divided argument and for

additional time for oral argument is granted. The time

is divided as follows: appellants Ruth Shaw, et al. - 30

minutes; appellants James Arthur Pope, et al. - 10

minutes; appellees James B. Hunt, Jr., et al. - 20

minutes; appellees Ralph Gingles, et al. - 10 minutes;

the Solicitor General - 10 minutes.

94-1654 HEISER, GLEN, ET AL. V. UMBEHR, KEEN

The motion of the Solicitor General for leave to

participate in oral argument as amicus curiae and for

divided argument is granted.

94-9088 NEAL, MEIRL G. V. UNITED STATES

The motion for appointment of counsel is granted

and it is ordered that Donald Thomas Bergerson, Esquire,

of San Francisco, California, is appointed to serve as

counsel for the petitioner in this case.

95-5906 ATTWOOD, ROBERT V. DR. SMITH, ET AL.

The motion of petitioner for leave to proceed in

forma pauperis is denied. See Rule 39.8. Petitioner is

allowed until November 27, 1995, within which to pay the

docketing fee required by Rule 38(a) and to submit a

petition in compliance with Rule 33.1 of the Rules of this

Court.

95-5907 ATTWOOD, ROBERT V. PALM BEACH POST, ET AL.

The motion of petitioner for leave to proceed in

forma pauperis is denied. See Rule 39.8. Petitioner is

allowed until November 27, 1995, within which to pay the

docketing fee required by Rule 38(a) and to submit a

petition in compliance with Rule 33.1 of the Rules of this

Court.

CERTIORARI GRANTED

95-210 HOLLY FARMS CORP., ET AL. V. NLRB, ET AL.

The petition for a writ of certiorari is granted

limited to Question 5 presented by the petition.

95-5257 ORNELAS, SAUL, ET AL. V. UNITED STATES

The motion of petitioner for leave to proceed in

forma pauperis and the petition for a writ of

certiorari are granted limited to Question 1

presented by the petition.

95-5661 MELENDEZ, JUAN V. UNITED STATES

The motion of petitioner for leave to proceed in

forma pauperis and the petition for a writ of certiorari

are granted.

CERTIORARI DENIED

95-88 EDWARDS, JESSE V. DEPARTMENT OF INTERIOR

95-193 JOLICOEUR FURNITURE CO. V. BALDELLI, CHARLES, ET AL.

95-370 ATCHLEY, MARGARET V. SMITH, BILL, ET AL.

95-372 ) SWANSON, NORMAN, ET AL. V. FAULKNER, JANICE, ET AL.

)

95-373 ) HOMESLEY, RAY, ET AL. V. FAULKNER, JANICE, ET AL.

95-387 LEWIS, JENNIFER LAYNE V. GEORGIA

95-391 WOOD, EVELYN, ET AL. V. WASH, MICHAEL, ET AL.

95-400 NUMMER, DAVID V. MI DEPT. OF TREASURY

95-409 PROMETHEUS FUNDING, ET AL. V. MERCHANTS HOME DEL. SERV.

95-412 SHAW, GINA V. HAHN, JAMES, ET AL.

95-416 SEABOLT, JAMES V. TEXAS

95-421 MALEKZADEH, MOHAMMED V. TEXAS

95-423 JOHNSON, LILLIAN V. ST. BAR OF CA

95-429 BROWN, SHARON V. ODOM, ROZANNE, ET AL.

95-430 SIEMENS ENERGY & AUTOMATION V. STRAUSBERG, BRUCE

95-432 AARON, RONALD, ET AL. V. WICHITA, KS

95-440 HOPEWELL, RICHARD V. DUNKER, WILLIAM, ET AL.

95-502 SPICKLER, ROBERT V. YORK, ROBERT

95-529 ) WATER DIST. NO. 1, ETC. V. KOOPMAN, VINCENT

)

95-5411 ) KOOPMAN, VINCENT V. WATER DIST. NO. 1

95-556 CONF./AFRICAN UNION, ET AL. V. MOTHER AFRICAN UNION, ET AL.

95-5450 LUCKETT, ELOISE V. RENT-A-CENTER, INC., ET AL.

95-5633 HILDWIN, PAUL C. V. FLORIDA, ET AL.

95-5642 JACKSON, MICHAEL A. V. CALIFORNIA

95-5804 FELDER, FREDDIE L. V. MONTAGUE, CLERK, USCA4

95-5847 SIGMAN, GARY V. NEW JERSEY

95-5851 YURTIS, JANE V. PHIPPS, HARVE

95-5865 EAGLIN, KENNETH V. WELBORN, WARDEN, ET AL.

95-5868 KNUCKLES, JOHN C. V. OHIO

95-5869 MONROE, DONALD L. V. FLORIDA

95-5874 NIXON, RONDAL H. V. SOUTH CAROLINA, ET AL.

95-5875 LEE, KENNETH V. PENNSYLVANIA

95-5882 HAMBRICK, EDDIE V. USGAN

95-5883 HULL, ALMA V. V. SIMS, WILLIAM

95-5884 BELL, ALBERT V. DeTELLA, WARDEN, ET AL.

95-5887 WALLACE, CURTIS V. SCOTT, DIR., TX DCJ

95-5889 BALLARD, JAMES V. HOLLAND, WARDEN

95-5891 BROWN, MARK V. MAZZOLA, WILLIAM M., ET AL.

95-5892 WEETS, JON D. V. MATLOCK, ROBIN K.

95-5893 VEY, EILEEN V. CASTOR, CHMN., ETC., ET AL.

95-5898 SPIGELSKI, ANNA V. BANASZAK, THEODOSIA

95-5903 DAVIS, MAJOR V. CAIN, WARDEN, ET AL.

95-5908 ROBERTS, WILLIE DAN V. FLORIDA

95-5909 SHACKLEFORD, PATRICK V. DECKER, JIM, ET AL.

95-5916 BRADY, ELIZABETH C., ET AL. V. BRADY, THOMAS J.

95-5928 JACOB, AL M. V. PACIFIC BELL DIRECTORY

95-5933 KENT, CHARLES A. V. REICH, SEC. OF LABOR

95-5935 AUSTIN, ALONZO V. UPSHAW, JUANITA K.

95-5939 DAGGETT, JOHN V. KREBS, LYLE, ET AL.

95-5940 MORRIS, WILLIAM F. V. BROWN, SEC. OF VA

95-5941 LOWERY, BYRON V. FLORIDA

95-5947 VALDEZ, GERARDO V. OKLAHOMA

95-5951 COLONEL, HORACE L. V. DEPT. OF HRS, ET AL.

95-5986 REEMSNYDER, ROBERT V. OSHA

95-6025 SPRUILL, LARRY V. MOZELL, WESLEY

95-6033 HICKS, NORRIS V. COLLINS, EXEC. DIR., TX DCJ

95-6078 BENTLEY, ROOSEVELT C. V. ARTUZ, SUPT., GREEN HAVEN

95-6103 TRAUNIG, GERALD W. V. UNITED STATES

95-6106 WARDEN, DAN E., ET UX. V. UNITED STATES

95-6114 RICHARDS, MICHAEL ODEL V. WOODS, S. O.

95-6177 MURTON, ANITONI V. INS

95-6207 KNIGHT, N. ROBERT V. DEPARTMENT OF THE NAVY

95-6215 BABCOCK, MICHAEL R. V. UNITED STATES

95-6216 BARNES, DYJUAN D. V. UNITED STATES

95-6220 CLARK, JAMES M. V. UNITED STATES

95-6227 CARLOW, DALE V. UNITED STATES

95-6238 LUCERO, EDUARDO M. V. RILEY, SEC. OF EDUCATION

95-6246 DICKEY, BILLY D. V. UNITED STATES

95-6248 HANKINS, WILLIAM V. UNITED STATES

95-6249 HOLMES, DAVID V. UNITED STATES

95-6250 GALAVIZ, STEVE V. UNITED STATES

95-6251 HEAVILIN, JAMES G. V. UNITED STATES

95-6252 DODGE, WILLIAM E. V. UNITED STATES

95-6269 CARDENAS, HERNANDO CASTRO V. UNITED STATES

95-6273 GRISWOLD, GREGORY V. UNITED STATES

95-6274 SCOTT, ARNOLD V. UNITED STATES

95-6275 KELLY, TYRONE V. UNITED STATES

95-6276 LOVETT, JOSEPH C. V. UNITED STATES

95-6277 METU, MICHAEL C. V. UNITED STATES

95-6278 RAITPORT, ELI V. DEPARTMENT OF H&HS, ET AL.

95-6279 JACKSON, MICHAEL D. V. UNITED STATES

95-6281 RAULERSON, DONALD V. UNITED STATES

95-6283 RODRIGUEZ, RAUL V. UNITED STATES

95-6286 D'ANTONI, TODD A. V. UNITED STATES

95-6287 HILL, MARY E. V. UNITED STATES

95-6291 SMITH, ROBERT REE V. UNITED STATES

95-6294 GIL, JOHN J. V. UNITED STATES

95-6296 CHARLES, JUNIUS V. UNITED STATES

95-6297 BUCHANAN, LAWRENCE V. UNITED STATES

95-6298 CINTRON, JUAN RAMON V. UNITED STATES

95-6307 JONES, OTIS M. V. UNITED STATES

95-6308 LINN, RICKY V. UNITED STATES

95-6310 ALLEN, BRENT L. V. UNITED STATES

95-6312 ROBERTS, BERTRIL MARK V. UNITED STATES

95-6316 STOVALL, WILLIAM D. V. UNITED STATES

95-6317 ReBROOK, WILLIAM E. V. UNITED STATES

95-6319 LINARES-GARCIA, ISIDORO V. UNITED STATES

95-6320 JACKSON, STANLEY B. V. UNITED STATES

95-6322 MOLINA, RODOLFO V. UNITED STATES

95-6323 FORD, DEON D. V. UNITED STATES

95-6325 FEDERICK, TIMOTHY D. V. UNITED STATES

95-6326 HILL, THOMAS C. V. UNITED STATES

95-6328 CERULLO, DAVID BRIAN V. UNITED STATES

95-6329 TORRES-DIAZ, ANDRES G. V. UNITED STATES

95-6330 WASHINGTON, LEROY V. UNITED STATES

95-6331 THOMAS, RYAN V. UNITED STATES

95-6332 THOMAS, JOSEPH V. UNITED STATES

95-6333 WILLIAMS, RONALD L. V. HENRY, WARDEN

95-6334 PERALTA, SANTIAGO V. UNITED STATES

95-6339 MANLEY, JONATHAN R. V. UNITED STATES

95-6345 DAVIS, WILLIAM D. V. UNITED STATES

95-6346 GILMORE, MARSHALL V. UNITED STATES

95-6357 WOODS, MICHAEL W. V. UNITED STATES

The petitions for writs of certiorari are denied.

95-209 JEFFERSON-PILOT LIFE INS. V. WEEMS, WILLARD, ET UX.

The motion of Business Council of Alabama for leave

to file a brief as amicus curiae is granted. The

petition for a writ of certiorari is denied.

95-453 LUTHER, JOE MICHAEL V. ETHICON, INC., ET AL.

The petition for a writ of certiorari is denied.

Justice Breyer took no part in the consideration or

decision of this petition.

95-6272 GALLAHER, PETER K. V. UNITED STATES

The motion of petitioner to defer consideration of

the petition for a writ of certiorari is denied. The

petition for a writ of certiorari is denied.

HABEAS CORPUS DENIED

95-6392 IN RE ROGER L. CAMYN

The petition for a writ of habeas corpus is denied.

MANDAMUS DENIED

95-5910 IN RE EDWARD SACK

The petition for a writ of mandamus is denied.

95-5905 O'LEARY, IN RE JOHN O'LEARY

The petition for writ of mandamus and/or

prohibition is denied.

REHEARINGS DENIED

94-9250 ROBERSON, CLEVEN LEWIS V. CHATER, COMMR., SOCIAL SEC.

94-9279 BOND, MERTON V. O'DEA, WARDEN

95-5202 GLANT, SUSAN K. V. LAMB, JOHN, ET AL.

The petitions for rehearing are denied.

RECESS ORDER

The Court will take a recess from Monday,

November 13, 1995, until Monday, November 27,

1995.

MOTIONS FOR ADMISSION

The written motions for admission of the following

lawyers to the Bar of this Court are granted: