ORDER LIST ORDER LIST MONDAY, JUNE 14, 1993 MONDAY, JUNE 14, 1993 APPEALS -- SUMMARY DISPOSITION APPEALS -- SUMMARY DISPOSITION 92-155 ) STATEWIDE REAP. ETC., ET AL. V. THEODORE, NICK, ET AL. ) 92-219 ) CAMPBELL, GOV. OF SC V. THEODORE, NICK, ET AL. The judgment is vacated and the cases are remanded to the United States District Court for the District of South Carolina for further consideration in light of the position presented by the Acting Solicitor General in his brief for the United States filed May 7, 1993. CERTIORARI -- SUMMARY DISPOSITION CERTIORARI -- SUMMARY DISPOSITION 92-253 IL DEPT. OF CORRECTIONS V. FLOWERS, MARVIN 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 Seventh Circuit for further consideration in light of Gilmore v. Taylor, 508 U. S. (1993). _________________ ____ 92-568 OHIO V. WYANT, DAVID, ET AL. The motion of respondent Robert E. Blazer for leave to proceed in forma pauperis is granted. The motion of _________________ respondent David Wyant for leave to proceed in forma ________ pauperis is granted. The motion of respondent Mark ________________________ Staton for leave to proceed in forma pauperis is _________________ granted. The motion of respondent Aaron L. Plessinger 1 for leave to proceed in forma pauperis is granted. The _________________ motion of respondent Clancy Van Gundy for leave to proceed in forma pauperis is granted. The motion of _________________ respondent Bryan Krebs for leave to proceed in forma ________ pauperis is granted. The motion of respondent Charles ________________________ Culp 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 Supreme Court of Ohio for further consideration in light of Wisconsin v. Mitchell, 508 U. S. (1993). _____________________ ____ 92-720 SHALALA, SEC. H&HS V. MT. DIABLO HOSP. MED. CENTER 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 Good Samaritan ______________ Hospital v. Shalala, 508 U. S. (1993). ___________________________________ ____ 92-1547 ICC V. TRANSCON LINES, 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 Ninth Circuit for further consideration in light of Reiter v. Cooper, 507 ________________ U. S. (1993). ____ 92-6931 SULLIVAN, TERRANCE V. SOKOLSKI, CARL 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 2 remanded to the United States Court of Appeals for the Third Circuit for further consideration in light of Antoine v. Byers & Anderson, Inc., 508 U. S. ________________________________ ____ (1993). ORDERS IN PENDING CASES ORDERS IN PENDING CASES D-1238 IN THE MATTER OF DISBARMENT OF DAVID BRUCE SMALL It having been reported to the Court that David Bruce Small, of Carson City, Nevada, has been disbarred from the practice of law by the Supreme Court of Nevada and this Court by order of March 1, 1993, having suspended the said David Bruce Small 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 David Bruce Small 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-1245 IN THE MATTER OF DISBARMENT OF HAROLD MURRAY COHEN It having been reported to the Court that Harold Murray Cohen, of Secaucus, New Jersey, has been disbarred from the practice of law by the Supreme Court of New Jersey and this Court by order of March 8, 1993, 3 having suspended the said Harold Murray Cohen 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 Murray Cohen 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-1247 IN THE MATTER OF DISBARMENT OF ALVIN LAMAR KEEL It having been reported to the Court that Alvin Lamar Keel, of Bingham Farms, Michigan, has been suspended from the practice of law by the Supreme Court of Michigan and this Court by order of March 22, 1993, having suspended the said Alvin Lamar Keel 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 Alvin Lamar Keel 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. 4 D-1249 IN THE MATTER OF DISBARMENT OF KATHRYN ANN SCHINDELAR It having been reported to the Court that Kathryn Ann Schindelar, of Stanhope, New Jersey, has been disbarred from the practice of law by the Supreme Court of Colorado and this Court by order of March 22, 1993, having suspended the said Kathryn Ann Schindelar from the practice of law in this Court and directed that a rule issue requiring her to show cause why she should not be disbarred; And it appearing that the said rule was duly issued; It is ordered that the said Kathryn Ann Schindelar be disbarred from the practice of law in this Court and that her name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. D-1250 IN THE MATTER OF DISBARMENT OF PATRICK D. WILLIAMS It having been reported to the Court that Patrick D. Williams, of Boulder, Colorado, has been disbarred from the practice of law by the Supreme Court of Colorado and this Court by order of March 22, 1993, having suspended the said Patrick D. Williams 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; 5 It is ordered that the said Patrick D. Williams 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-1251 IN THE MATTER OF DISBARMENT OF JOSEPH D. J. GOURLEY It having been reported to the Court that Joseph D. J. Gourley, of Wayne, New Jersey, has been disbarred from the practice of law by the Supreme Court of New Jersey and this Court by order of March 29, 1993, having suspended the said Joseph D. J. Gourley 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 Joseph D. J. Gourley 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-1255 IN THE MATTER OF DISBARMENT OF LARRY G. RIGHTMYER It having been reported to the Court that Larry G. Rightmyer, of St. Petersburg, Florida, has been disbarred from the practice of law by the Supreme Court of Florida and this Court by order of April 5, 1993, having suspended the said Larry G. Rightmyer from the 6 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 Larry G. Rightmyer 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-1272 IN THE MATTER OF DISBARMENT OF GEOFFREY T. WILLIAMS, SR. It is ordered that Geoffrey T. Williams, Sr., of Fairfax, 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-1273 IN THE MATTER OF DISBARMENT OF GEORGE JOSEPH GOLDSBOROUGH, JR. It is ordered that George Joseph Goldsborough, Jr., of Easton, Maryland, 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-1274 IN THE MATTER OF DISBARMENT OF JOEL P. KRAEMER It is ordered that Joel P. Kraemer, of Madison, New Jersey, be suspended from the practice of law in this 7 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-1275 IN THE MATTER OF DISBARMENT OF MATTHEW E. SEGAL It is ordered that Matthew E. Segal, of Cherry Hill, 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-1276 IN THE MATTER OF DISBARMENT OF WILLIAM P. TEEVENS It is ordered that William P. Teevens, of Rapid City, South Dakota, 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. 92-7549 SCHIRO, THOMAS V. CLARK, SUPT., ET AL. The motion for appointment of counsel is granted and it is ordered that Monica Foster, Esq., of Indianapolis, Indiana, is appointed to serve as counsel for the petitioner in this case. CERTIORARI GRANTED CERTIORARI GRANTED 92-780 NOW, INC., ET AL. V. SCHEIDLER, JOSEPH, ET AL. The petition for a writ of certiorari is granted limited to Question 1 presented by the petition. 8 92-1500 CASPARI, SUPT., ET AL. V. BOHLEN, CHRISTOPHER The motion of respondent for leave to proceed in __ forma pauperis is granted. The petition for a writ of ______________________________ certiorari is granted. 92-1546 UNITED STATES V. IRVINE, JOHN, ET AL. The motion of John Ordway, Jr., et al. for leave to file a brief as amici curiae is granted. The motion of ____________ American Bankers Association for leave to file a brief as amicus curiae is granted. The petition for a writ of _____________ certiorari is granted. 92-1550 ABF FREIGHT SYSTEM, INC. V. NLRB The petition for a writ of certiorari is granted limited to Question 3 presented by the petition. CERTIORARI DENIED CERTIORARI DENIED 92-482 ) CHASE MANHATTAN BANK V. AMERICAN LAND TITLE, ET AL. ) 92-645 ) LUDWIG, COMPT. V. AMERICAN LAND TITLE ASSOC. 92-995 ) CSX TRANS. INC. V. MAHONY, ROBERT, ET AL. ) 92-1048 ) MAHONY, ROBERT, ETC. V. CSX TRANSPORTATION, INC. 92-1361 ARMONTROUT, ASST. DIR. V. BURTON, MICHAEL, ET AL. 92-1507 De GRAFFENRIED, ALBERT V. UNITED STATES 92-1552 GIRALDO, JAIME, ET AL. V. UNITED STATES 92-1559 MARCOS-MANOTOC, IMEE V. TRAJANO, AGAPITA 92-1560 THOMAS, SELMAN, ET AL. V. METZ BAKING COMPANY, ET AL. 92-1613 BOUNDS, HERBERT V. LEITCHFIELD 92-1652 ERNST, ERWIN, ET AL. V. LEADERSHIP COUNCIL, ET AL. 9 92-1671 CENTRAL STATES, ETC., ET AL. V. CROWN CORK & SEAL CO., INC. 92-1683 JENNMAR CORPORATION V. PATTIN MFG. CO., ET AL. 92-1685 PLEASANT VALLEY HOSP., ET AL. V. M & M MEDICAL SUPPLIES, ETC. 92-1687 GALLEGOS, PATRICIA V. DENVER, ET AL. 92-1692 ELY, ET AL. V. FRIENDS OF BOUNDARY WATERS 92-1693 JOHNSON, ROBERT V. NORFOLK & WESTERN RWY. CO. 92-1695 KREINDLER & KREINDLER V. UNITED TECHNOLOGIES CORP. 92-1696 COOK, JESSE V. CHRYSLER CORP., ET AL. 92-1700 BAUMGART, GERTRUDE, ET AL. V. FAIRCHILD AIRCRAFT CORP. 92-1701 ALTON & SOUTHERN RWY. CO. V. MILLER, CHARLES 92-1702 MAAS, CARL, ET AL. V. TEXAS AIR CORPORATION 92-1704 SMITH, McCLELLAND V. UNITED STATES 92-1706 ARMSTRONG, THEOPOLIS V. HIGH DESERT HOSP., ET AL. 92-1714 BLACKBURN, THOMAS V. TUDOR, REBECCA 92-1719 BOURGAL, MICHAEL, ET AL. V. CERVONI, SALVATORE 92-1722 McCUAIG, DELL V. OPM 92-1738 ABRAMO, RALPH V. MASSACHUSETTS 92-1742 AM. HOME ASSURANCE CO. V. REPUBLIC INS. CO., ET AL. 92-1744 WOOD CTY., TEXAS, ET AL. V. PEMBROKE, LARRY, ET AL. 92-1758 HOGUE INVESTMENT CORP. V. FREDINBURG, ROBERT 92-1766 BRICKNER, PAUL V. VOINOVICH, GOV. OF OH, ET AL. 92-1786 BLY, RAYMOND V. MARYLAND 92-1802 VERSYSS INC. V. COOPERS & LYBRAND, ET AL. 92-1809 SYRE, RICHARD V. ILLINOIS 92-6158 PAYTON, ANTONIO R. V. UNITED STATES 92-6259 ADAMS, SYLVESTER LEWIS V. EVATT, COMMISSIONER, ET AL. 10 92-6401 HENDRIX, SHAWN W. V. OREGON 92-6609 BOYER, RONALD L. V. DeCLUE, RUTH 92-6702 PLOWMAN, DARIN DALE V. OREGON 92-6765 HUNT, STACIE B. V. FELD, OFFICER 92-7511 RESTREPO, NEVIO V. UNITED STATES 92-7680 QUINTANA, JORGE LOUIS V. UNITED STATES 92-7811 SAMUEL, JIMMY ROSSI V. UNITED STATES 92-7928 BUTLER, LEE DREW V. UNITED STATES 92-7930 ALLEN, WILLIAM M. V. BUNNELL, WARDEN 92-7996 BEVERIDGE, BURTON LEE V. UNITED STATES 92-8045 HASSAN, LUKHMAN V. UNITED STATES 92-8058 WILSON, ERMA V. RUNYON, POSTMASTER GEN. 92-8069 AUBREY, JEFFREY V. UNITED STATES 92-8096 TURINO, JOHN V. UNITED STATES 92-8117 CRAWFORD, ROBERT L. V. FOUT, PERSONNEL MGR., DOJ 92-8222 MORROW, TIMOTHY WAYNE V. UNITED STATES 92-8232 AGNES, LOUIS V. UNITED STATES 92-8235 SCHOETTLE, EDWARD V. BROWN, SEC, VA, ET AL. 92-8268 GREEN, MARLENE Y. V. BUSH, FORMER PRESIDENT 92-8280 BUI, QUANG NGOC V. ALABAMA 92-8283 ) VON VILLAS, ROBERT ANTHONY V. CALIFORNIA ) 92-8421 ) FORD, RICHARD H. V. CALIFORNIA 92-8287 LEED, ROY LEE V. UNITED STATES 92-8314 LUGO, FRANK JOSEPH V. INDEPENDENT MANAGEMENT ASSN. 92-8320 FLOYD, MICHAEL E. V. HARGETT, SUPT. 92-8325 ASH, KEITH V. CALIFORNIA 11 92-8332 FRANK, ROBERT A. V. D'AMBROSI, BERNARD 92-8337 BROCKINGTON, STEVE V. WHITLEY, WARDEN 92-8338 SMITH, DARRELL V. CUSTOM MICRO, INC. 92-8340 DERRICK, ALONZO V. DIR., TEMP. RELEASE PROGRAMS 92-8341 CRONENWETT, CARRIE V. CALIFORNIA 92-8342 CALLAHAN, DANIEL JAY V. UNITED STATES 92-8347 WALLACE, PATRICK DANIEL V. CALIFORNIA 92-8348 LEA, JEFFREY GUY V. INDIANA 92-8349 MORELAND, JAMES WALTER V. TEXAS 92-8354 MYER, TURNER V. WEEKS, JIM, ET AL. 92-8355 ROBINETT, JAMES MICHAEL V. BURTON, WARDEN, ET AL. 92-8356 RODRIGUEZ, JERARDO V. SPAULDING, JAMES C., ET AL. 92-8361 HIGGASON, JAMES H. V. FARLEY, SUPT., ET AL. 92-8374 LEADY, JOSEPH WILLIAM V. ARMONTROUT, ASST. DIRECTOR 92-8375 MOSBY, ROGER DEAN V. GETTY, CAROL P., ET AL. 92-8376 SLAPPEY, LORENZO V. WITHROW, WARDEN 92-8377 TAYLOR, JAMES ARTHUR V. COOPER, WARDEN, ET AL. 92-8381 LANGDON, MICHAEL V. GRATEFUL DEAD 92-8382 LANGDON, MICHAEL V. BUFFALO BILLS 92-8384 JENSEN, MITCHELL A. V. DELO, SUPT. 92-8397 FRESHOUR, PAUL L. V. RADCLIFF, DWIGHT, ET AL. 92-8398 GREEN, MARLENE Y. V. WESTERN PSYCHIATRIC 92-8399 JONES, PHILLIP E. V. GRANT, WARDEN 92-8400 JENKINS, BRUCE V. NEW YORK 92-8402 JACKSON, WARREN J. V. UNITED STATES 92-8417 BEZEAU, ROBERT A. V. SHALALA, SEC. H&HS 12 92-8418 BRYANT, DONALD E. V. BRYANT, HELEN V. 92-8446 NGUYEN, THOMAS WAYNE V. GREEN, WILLIE, ET AL. 92-8459 TURNER, GERALD BERNARD V. UNITED STATES 92-8463 VICTORIA, LOUIS V. UNITED STATES 92-8479 MARTIN, RACHEL C. V. AVERY, JUDGE, ET AL. 92-8487 JERNIGAN, JOSEPH P. V. COLLINS, DIR., TX DCJ 92-8489 BUTCHKAVITZ, ALEX V. OPM 92-8490 BANKS, REGGIE V. KCTV-5, ET AL. 92-8534 BALLARD, ISZARD V. LANHAM, COMMR. MD DOC 92-8537 NKOP, ASUQUO V. VAN RUNKLE, ALEETA, ET AL. 92-8563 ROCHEVILLE, DAVID C. V. SOUTH CAROLINA 92-8600 COLE, LEMUEL L. V. FLORIDA 92-8601 ANDA, RALPH V. UNITED STATES 92-8608 DEAVERS, FRED W. V. KANSAS 92-8618 RABY, JIM V. UNITED STATES 92-8631 TAPIA, MIGUEL MARTIN V. UNITED STATES 92-8632 CONTRERAS, ROBERTO V. UNITED STATES 92-8633 ARIAS, ILLIANA V. UNITED STATES 92-8634 VELASQUEZ, ALBERTO V. UNITED STATES 92-8639 MERRITT, ROBERT V. V. UNITED STATES 92-8651 SEYBOLD, JOHN V. UNITED STATES 92-8652 SUTTLE, RALPH HERBERT V. UNITED STATES 92-8653 ABARCA-ESPINOZA, RODOLFO V. UNITED STATES 92-8654 AMAECHI, IHOUMA REUBEN V. UNITED STATES 92-8655 CASH, ANTHONY EUGENE V. UNITED STATES 92-8657 THOMAS, WAYNE V. UNITED STATES 13 92-8661 BAKER, JOHNNY RAY V. UNITED STATES 92-8662 COKER, ABIDEMI BASHIRU V. UNITED STATES 92-8666 FORD, CALVIN V. UNITED STATES 92-8667 VELASQUEZ-CARBONA, JESUS V. UNITED STATES 92-8670 NUNEZ-GARCIA, HUMBERTO V. UNITED STATES 92-8672 PONTILLO, JOSEPH SAMUEL V. UNITED STATES 92-8673 RUFFIN, DONALD V. UNITED STATES 92-8680 PAUL, THOMAS J. V. JET AVIATION MANAGEMENT 92-8682 HILLS, DERRICK L. V. UNITED STATES 92-8687 COLBERT, DONALD LEE V. UNITED STATES 92-8688 EDMONDS, JOHN R. V. UNITED STATES 92-8690 COLE, JOHN V. UNITED STATES 92-8696 MARKHAM, GEORGE V. FIRST GUARANTY MORTGAGE CORP. 92-8699 CROW, MICHAEL ALLEN V. UNITED STATES 92-8700 BIRDSONG, BOOKER V. UNITED STATES 92-8701 PASCUCCI, JOHN L. V. UNITED STATES 92-8703 JOHNSON, ALLAN T. V. UNITED STATES 92-8704 HUMMASTI, JOHN M. V. UNITED STATES 92-8705 SMITH, DONALD V. UNITED STATES 92-8707 SPRUILL, EUGENE V. UNITED STATES 92-8709 BUCKSON, STEVEN J. V. UNITED STATES 92-8715 YEARGIN, ROBERT V. UNITED STATES 92-8719 COHEN, MILTON BACHMAN V. UNITED STATES 92-8721 JARAMILLO, EUGENIO V. UNITED STATES 92-8726 ACOSTA, PEDRO V. UNITED STATES 92-8727 CHAPMAN, JAMES V. UNITED STATES 14 92-8729 KALETKA, EDWARD A. V. UNITED STATES 92-8731 McKINNON, DINO L. V. UNITED STATES 92-8738 BRANHAM, ALVIN B. V. SEABOLD, WARDEN The petitions for writs of certiorari are denied. 92-1528 OHIO V. KNUCKLES, JOHN The motion of respondent for leave to proceed in __ forma pauperis is granted. The petition for a writ of ______________________________ certiorari is denied. 92-1589 EXXON SHIPPING CO. V. ELLENWOOD, THEODORE, ET UX. The motion of American Institute of Merchant Shipping, et al. for leave to file a brief as amici _____ curiae is granted. The petition for a writ of certiorari ______________________ is denied. 92-1725 GUMPORT, LEONARD, ETC. V. ICC The motion of National Small Shipments Traffic Conference, Inc., et al. for leave to file a brief as amici curiae is granted. The petition for a writ of ____________ certiorari is denied. 92-8424 HICKEY, MARY ANN, ET AL. V. BALLINGALL, DAVID, ET AL. (A-812) The application for stay addressed to Justice Blackmun and referred to the Court is denied. The petition for a writ of certiorari is denied. HABEAS CORPUS DENIED HABEAS CORPUS DENIED 92-8808 IN RE JOHN E. REARDON The petition for a writ of habeas corpus is denied. 15 MANDAMUS DENIED MANDAMUS DENIED 92-8322 IN RE BRUCE HERRERA, ET AL. 92-8324 IN RE CHARLES SONNY BOSTIC The petitions for writs of mandamus are denied. REHEARINGS DENIED REHEARINGS DENIED 92-7201 IN RE DEAN VEREEN 92-7714 TOMS, ANTHONY V. OHIO UNEMPLOYMENT BD. 92-7783 WHITE, CHARLES V. BATH, JAMES 92-7829 ARNETTE, SAM T. V. MADISON CABLEVISION, ET AL. 92-8078 MAYHEW, GAIL J. V. OPM The petitions for rehearing are denied. RECESS ORDER RECESS ORDER The Court will take a recess from Monday, June 14, 1993 until Friday, June 18, 1993. MOTIONS FOR ADMISSION MOTIONS FOR ADMISSION The written motions for admission of the following lawyers to the Bar of this Court are granted: 16