jnl95$ind1-07-19-97 10:30:55 JNLINDPGT MILES OCTOBER TERM 1995 Reference Index Contents: Page Statistics ....................................................................................... II General .......................................................................................... III Appeals ......................................................................................... III Arguments ................................................................................... III Attorneys ...................................................................................... III Briefs ............................................................................................. IV Certiorari ..................................................................................... IV Costs .............................................................................................. IV Judgments and Opinions ........................................................... IV Original Cases ............................................................................. V Parties ........................................................................................... V Records ......................................................................................... V Rehearings ................................................................................... V Rules ............................................................................................. VI Stays .............................................................................................. VI Conclusion .................................................................................... VI (I) jnl95$IND2-10-20-97 09:00:02 JNLINDPGT MILES II STATISTICS AS OF JULY 1, 1996 In Forma Paid Original Pauperis Total Cases Cases Number of cases on docket..................... 11 2456 5098 7565 Cases disposed of...................................... 5 2081 4511 6597 Remaining on docket ............. 6 375 587 968 Cases docketed during term: Paid cases............................................................................................ 2095 In forma pauperis cases.................................................................. 4500 Original cases ..................................................................................... 2 Total ..................................................................................................... 6597 Cases remaining from last term ............................................................... 968 Total cases on the docket........................................................................... 7565 Cases disposed of......................................................................................... 6597 Number remaining on docket.................................................................... 968 Petitions for certiorari granted: In paid cases ....................................................................................... 85 * In forma pauperis cases.................................................................. 13 Appeals granted: In paid cases............................................................................. 7 Total cases granted plenary review......................................................... 105 Cases argued during term......................................................................... 90 Number disposed of by full opinions ............................................. 87 Number disposed of by per curiam opinions .............................. 3 Number set for reargument next term......................................... 0 Cases available for argument at beginning of term............................. 38 Disposed of summarily after review was granted ................................ 3 Original cases set for argument ............................................................... 1 Cases reviewed and decided without oral argument ........................... 120 ** Total cases available for argument at start of next term................... 52 Number of written opinions of the Court............................................... 75 Per Curiam opinions in argued cases..................................................... 2 Number of lawyers admitted to practice as of July 1, 1996: On written motion ............................................................................. 1720 On oral motion.................................................................................... 397 Total ................................................................................................ 2117 * Includes those granted after the Court recessed on June 29, 1995, and on September 27, 1995 ** Does not include 94­1412 jnl95$IND4-01-26-98 12:28:08 JNLINDPGT MILES III GENERAL: Page 1994 Term closed and 1995 Term convened October 2, 1995, announced by Stevens, J. Chief Justice recovering from back surgery; adjourned October 6,1996 ................ 1 Blizzard closes Washington, Court open for business week of January 8, 1996; Stevens, J., absent for oral arguments due to weather................................................. 389 Burger, C.J. (Retired). Resolutions of Bar presented ........ 769 Conference held on Thursday afternoon due to blizzard forecast for Friday, January 12, 1996; grant orders released................................................................................... 441 Duff, James C. Named Administrative Assistant to Chief Justice effective August 19, 1996. Ginsburg, J. Officiates at sons's wedding in Chicago, No­ vember 17, 1995. Rishikof, Harvey. Announcement of resignation as Ad- ministrative Assistant to Chief Justice ............................ 976 Souter, J. Reads first dissenting opinion (94­12)................. 657 APPEALS: Appeals dismissed as moot (95­1681, 95­1682, 95­1710) 943 Jurisdiction postponed; appeal dismissed under Rule 46 on March 1, 1996 (95­299) ................................................... 355 ARGUMENTS: Expedited case, limited to questions framed by Court; heard at special sitting of Court; opinion announced (95­8836).................................................................... 787, 887, 970 One hour and 20 minutes allowed for oral argument (94­805, 94­806, 94­988; 94­923, 94­924; 95­345, 95­346) ....................................................................... 163, 243, 635 Oral argument rescheduled since counsel was snowbound in Dallas; reset for argument on February 20, 1996 (94­1664, 94­8842) ........................................................... 436, 437 Ten additional minutes allowed for oral argument (94­ 1893, 94­1900) ........................................................................ 322 ATTORNEYS: Attorney invited to brief and argue case in support of judgment below (95­5257)................................................... 331 Attorney ordered to pay respondents $500 and suspended from practice of law in this Court (94­1283, D­1590) .. 4 jnl95$IND4-01-26-98 12:28:08 JNLINDPGT MILES IV ATTORNEYS-Continued Page Motion for appointment of counsel granted (94­9088; 95­ 157; 95­345; 95­6510; 95­1598; 95­1726) ............ 243, 330, 503, 605, 945, 987 Rule to Show Cause discharged, respondent died (D­1649) 604 BRIEFS: Parties directed to file supplmental briefs on issue posed by Court (95­1521) ............................................................... 1037 Parties directed to file supplmental briefs on issue posed by Court; leave granted to file briefs in excess of page limitations; case summarily remanded in light of new statute (95��939)................................................. 1015, 1019, 1023 Solicitor General allowed to dispense temporarily with printing briefs since Department of Justice's appropri- ations and contract authority had not been renewed (94­1614, et al.)...................................................................... 385 CERTIORARI: Leave granted to amend petition (95­6759)......................... 603 Opinion respecting the denial of certiorari (95­5996; 95­ 856; 95­1773)............................................................ 272, 762, 975 Petition dismissed, it appearing petitioner died (S­2, 95­5066) .................................................................................. 119 Petition dismissed as moot (95­31) ........................................ 182 Petition granted, case remanded for further consideration in light of state court case (95­447)................................. 291 Petition granted, judgment reversed in part and case re- manded with instructions to enter injunction. Opinion per curiam (95­1025) ........................................................... 603 Writ dismissed as improvidently granted in part. Parties directed to address remaining Due Process issues (95­386)................................................................................... 601 COSTS: Motion to retax costs granted (94­2032)............................... 330 JUDGMENTS AND OPINIONS: Granted case summarily disposed of in light of new stat- ute (95­939)............................................................................ 1023 Initial judgment affirmed, final judgment reversed (94­ 1941, 94­2017)....................................................................... 965 jnl95$IND4-01-26-98 12:28:08 JNLINDPGT MILES V JUDGMENTS AND OPINIONS-Continued Page Judgment affirmed by equally divided Court. Opinion per curiam (94­2003)................................................................. 461 Opinion by Chief Justice announced by O'Connor, J.; Ste- vens, J. filed dissenting opinion; Chief Justice attend- ing Fourth Circuit Conference (94­923, 94­924) ........... 916 ORIGINAL CASES: 35, Original. Supplemental decree entered (Massachu- setts boundary case) ....................................... 560 65, Original. Motion of River Master granted for compen- sation and fees granted................................. 4, 870 84, Original. Report of Special Master filed, briefing schedule set, length of briefs extended ...... 820 105, Original. Motion of Special Master for fees and ex- penses granted................................................. 362 106, Original. Motion of Special Master for fees and com- pensation granted............................................ 471 108, Original. Motion of Special Master for fees and com- pensation granted....................................... 362, 918 120, Original. Motion of Special Master for fees and com- pensation granted....................................... 362, 892 121, Original. Argued; opinion announced; decree entered; Special Master awarded fees and com- pensation. ..................................... 157, 237, 330, 362 123, Original. Leave to file bill of complaint denied........... 392 PARTIES: Motion to substitute FDIC for respondent granted (95­195) ................................................................................... 341 RECORDS: Leave granted to file one volume of Joint Appendix under seal (95­992)........................................................................... 974 Motion of respondent to seal appendix granted (95­415) 201 REHEARINGS: Response to petition for rehearing requested; rehearing granted, order denying certiorari vacated, certiorari granted, judgment vacated, and case remanded (94­ 1412; 95­642)......................................................... 4, 357, 582, 725 jnl95$IND4-01-26-98 12:28:08 JNLINDPGT MILES VI RULES: Federal Rules of Appellate Procedure amended................. 744 Federal Rules of Bankruptcy Procedure amended............. 744 Federal Rules of Civil Procedure amended ......................... 744 Federal Rules of Criminal Procedure amended .................. 745 Revisions to Rules of Supreme Court put out for public comment March 18, 1996 STAYS: Stay granted pending action on petition for certiorari (95­6510; 95­1649; 95­9264; 95­9261; 95­9439)......... 377, 726, 913, 915, 967 Stay granted pending appeal; jurisdiction noted (95­ 1201).................................................................................... 491, 661 Stay granted pending timely filing of petition for certio- rari (A­299; A­371, A­377; A­667; A­974) ............... 163, 241, 500, 891 Stay of execution vacated, opinion per curiam (A­828; A­137 (O.T. 1996)) .......................................................... 683, 1005 CONCLUSION: Call of calendar suspended; last case argued (95­ 860) ..................................................................................... 737, 748 Announcement by Justice Stevens that remaining opinion will be released July 1, 1996.............................................. 970 Closing remarks by Chief Justice; last recess order ..... 975, 976 Last orders of Term released.................................................. 1039 jnl95$1002-01-22-98 06:35:58 JOURNAPGT MILES (JOURNAL) MONDAY, OCTOBER 2, 1995 1 SUPREME COURT OF THE UNITED STATES Present: Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Jus- tice Breyer. Justice Stevens said: "The Chief Justice underwent a laminectomy last week. Although the operation was entirely successful, he will not be with us for a few days. He has reserved the right to participate in the cases that will be argued before he returns to the Bench. Because of his absence, I have the honor to announce, on behalf of the Court, that the October 1994 Term of the Supreme Court of the United States is now closed and the October 1995 Term is now convened. "Today's orders of the Court have been duly entered and certified and filed with the Clerk. They will not be otherwise announced." Appeals-Summary Disposition No. 94­1922. Rural West Tennessee African-American Affairs Coun- cil, Inc., et al., Appellants v. Don Sundquist, Governor of Tennessee, et al. Appeal from the United States District Court for the Western Dis- trict of Tennessee. The judgment is affirmed. Justice Stevens would note probable jurisdiction and set the case for oral argument. No. 94­2032. James Franklin, et al., Appellants v. Jeffrey Lawri- more, et al. Appeal from the United States District Court for the Dis- trict of South Carolina. The judgment is vacated and the case is re- manded to the United States District Court for the District of South Carolina for entry of a fresh judgment from which a timely appeal may be taken to the United States Court of Appeals for the Fourth Circuit. No. 95­132. George V. Voinovich, Governor of Ohio, et al., Appel- lants v. Barney Quilter, Speaker Pro Tempore of Ohio House of Repre- sentatives, et al. Appeal from the United States District Court for the Northern District of Ohio. The appeal is dismissed. The stay granted by this Court on September 8, 1995, is continued pending final disposi- tion by this Court of the appeal in No. 95­378, Voinovich v. Quilter. Certiorari-Summary Disposition No. 94­1871. Exxon Corporation, Petitioner v. John Richard Lud- brooke Youell, et al. On petition for writ of certiorari to the United States Court of Appeals for the Second Circuit. The petition for writ jnl95$1002-01-22-98 06:35:58 JOURNAPGT MILES 2 MONDAY, OCTOBER 2, 1995 of certiorari is granted. The judgment is vacated and the case is re- manded to the United States Court of Appeals for the Second Circuit for further consideration in light of Wilton v. Seven Falls Company, 515 U. S. ­­­ (1995). Justice Breyer took no part in the consideration or decision of this case. No. 94­1926. Gopal Kapoor, Petitioner v. United States. On petition for writ of certiorari to the United States Court of Appeals for the Second Circuit. The petition for writ of certiorari is granted. The judg- ment is vacated and the case is remanded to the United States Court of Appeals for the Second Circuit for further consideration in light of United States v. Gaudin, 515 U. S. ­­­ (1995). No. 94­1931. Jon E. Edmond, Petitioner v. United States. On peti- tion for writ of certiorari to the United States Court of Appeals for the Armed Forces. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Armed Forces for further consideration in light of Ryder v. United States, 515 U. S. ­­­ (1995). No. 94­2090. Pacesetter Construction Company, Inc., Petitioner v. Carpenters 46 Northern California Counties Conference Board. On pe- tition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit. The petition for 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 First Options of Chicago, Inc. v. Kaplan, 514 U. S. ­­­ (1995). Orders in Pending Cases No. A­274. Religious Technology Center, Applicant F.A.C.T.NET, Inc., et al. Application for a stay pending appeal addressed to Justice Souter and referred to the Court denied. No. D­1526. In the Matter of Disbarment of William Eugene Rut- ledge. Disbarment order entered. No. D­1531. In the Matter of Disbarment of Alton H. Maddox, Jr.. Disbarment order entered. No. D­1564. In the Matter of Disbarment of Anthony Augustus Mur- aski. Motion to defer further consideration of the Rule to Show Cause granted. No. D­1571. In the Matter of Disbarment of Michael Alan Peck. Disbarment order entered. No. D­1573. In the Matter of Disbarment of Barbara E. Hoppman. Motion to defer consideration of the Rule to Show Cause granted. jnl95$1002-01-22-98 06:35:58 JOURNAPGT MILES MONDAY, OCTOBER 2, 1995 3 No. M­77. (Oct. Term 1994) Teodor Marian, Petitioner v. W. Scott, et al. Motion for reconsideration of the order denying leave to file a peti- tion for a writ of certiorari out-of-time denied. No. M­78. (Oct. Term 1994) Sam T. Arnette, Petitioner v. Allstate Insurance Company. Motion for reconsideration of the order denying leave to file a petition for a writ of certiorari out-of-time denied. No. M­79. (Oct. Term 1994) R. Holder, Petitioner v. Harlem Men's Shelter. Motion to direct the Clerk to file a petition for a writ of certio- rari out-of-time denied. No. M­1. David L. Whitehead, Petitioner v. John M. Deutsch, Direc- tor of Central Intelligence. Motion to direct the Clerk to file a petition for a writ of certiorari out-of-time denied. No. M­2. Samuel K. Buoscio, Petitioner v. Eugene C. Spade, et ux. Motion to direct the Clerk to file a petition for a writ of certiorari out- of-time denied. No. M­3. Abdelwahab Mohammed, Petitioner v. Theodore Scheve, et ux. Motion to direct the Clerk to file a petition for a writ of certiorari out-of-time denied. No. M­4. Sherman Lewis, Petitioner v. United States. Motion to di- rect the Clerk to file a petition for a writ of certiorari out-of-time denied. No. M­5. Dan Reynolds, Warden, Petitioner v. Anthony Banks. Mo- tion to direct the Clerk to file a petition for a writ of certiorari out-of- time denied. No. M­6. Lloyd G. Perry, Petitioner v. House of Representatives. Motion to direct the Clerk to file a petition for a writ of certiorari out- of-time denied. No. M­7. Betty J. Stage, Petitioner v. Department of Labor. Motion to direct the Clerk to file a petition for a writ of certiorari out-of- time denied. No. M­8. Evelyn Victoria Zapon, et al., Petitioners v. Department of Justice. Motion to direct the Clerk to file a petition for a writ of certio- rari out-of-time denied. No. M­9. John Doe, Petitioner v. Washington. Motion to direct the Clerk to file a petition for a writ of certiorari out-of-time denied. No. M­10. David L. Whitehead, Petitioner v. John M. Deutsch, Direc- tor of Central Intelligence. Motion to direct the Clerk to file a petition for a writ of certiorari out-of-time denied. jnl95$1002-01-22-98 06:35:58 JOURNAPGT MILES 4 MONDAY, OCTOBER 2, 1995 No. M­11. Charles Bennie Hunt, Petitioner v. United States. Motion to direct the Clerk to file a petition for a writ of certiorari out-of- time denied. No. M­12. Barbara Gulledge, Petitioner v. Kansas. Motion for leave to proceed in forma pauperis without an affidavit of indigency exe- cuted by petitioner denied. No. M­13. Wilmot A. Fraser, Petitioner v. Pennsylvania System of Higher Education, et al. Motion to direct the Clerk to file a petition for a writ of certiorari out-of-time denied. No. M­14. Isaac Miles, Petitioner v. Richard Gramley, Warden. Mo- tion to direct the Clerk to file a petition for a writ of certiorari out-of- time denied. No. 65, Original. Texas, Plaintiff v. New Mexico. Motion of the River Master for fees and expenses granted and the River Master is awarded $3999.78 for the period April 1­June 30, 1995, to be paid equally by the parties. No. 94­1268. Joint School District No. 241, etc., et al., Petitioners v. Phyllis Wright Harris, on Her Own Behalf and on Behalf of Her Two Children, Beverly Harris Butler and Samuel Harris, et al.; and No. 94­1314. Citizens Preserving America's Heritage, Inc., et al., Petitioners v. Phyllis Wright Harris, on Her Own Behalf and on Behalf of Her Two Children, Beverly Harris Butler and Samuel Harris, et al. Motion of respondents to retax costs denied. No. 94­1283. (D­1590) James Edward Qualls and David L. Smith, Petitioners v. Regional Transportation District, et al.; and James Ed- ward Qualls and David L. Smith, Petitioners v. Regional Transporta- tion District, et al. Motion of respondents Regional Transportation District, et al. for an order to show cause granted. It is ordered that David L. Smith, of Denver, Colorado, shall within 21 days of this order pay respondents $500 as ordered by this Court on March 6, 1995, and show cause in writing why he should not be disbarred from the practice of law in this Court or otherwise disciplined for failure to comply with an order of this Court. David L. Smith is hereby suspended from prac- tice before this Court pending the timely filing and consideration of his response to the order to show cause. No. 94­1412. Josefa Fuentes, Petitioner v. United States. The Solici- tor General is invited to file a response to the petition for rehearing within 30 days. No. 94­1511. Samuel A. Lewis, Director, Arizona Department of Corrections, et al., Petitioners v. Fletcher Casey, Jr., et al. Further jnl95$1002-01-22-98 06:35:58 JOURNAPGT MILES MONDAY, OCTOBER 2, 1995 5 consideration of the motion of respondents to strike Appendix A of the brief of petitioners is deferred to the hearing of the case on the merits. No. 94­1868. North Carolina Power, Petitioner v. North Carolina Utilities Commission. The Solicitor General is invited to file a brief in this case expressing the views of the United States. No. 95­27. Mark H. Merrill, etc., et al., Petitioners v. Martin W. Barbour. The Solicitor General is invited to file a brief in this case expressing the views of the United States. No. 94­9688. Eileen Vey, Petitioner v. Jeffrey Romoff, et al. Motion of petitioner for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner is allowed until October 23, 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. No. 94­9729. Andrew J. Chersin and Nancy A. Chersin, Petitioners v. Machine Tool Finance Corporation, et al. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioners are allowed until October 23, 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. No. 95­5139. Michael K. Luna, Petitioner v. Dick Sutherland, et al. Motion of petitioner for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner is allowed until October 23, 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 Denied No. 94­1666. Lyndon B. Frederick, Petitioner v. Government of the Virgin Islands. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 94­1689. Florence J. Gilbert, et al., Petitioners v. Donna E. Sha- lala, Secretary of Health and Human Services. Petition for writ of cer- tiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 94­1720. Nelson Gandarillas-Zambrana, aka Oscar Jr. Gandaril- las, aka Nalson Gandarillos, Petitioner v. Board of Immigration Ap- peals. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. No. 94­1722. Julia Saavedra Balmaceda, Inc., et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. jnl95$1002-01-22-98 06:35:58 JOURNAPGT MILES 6 MONDAY, OCTOBER 2, 1995 No. 94­1723. Jerry Wartski, et al., Petitioners v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 94­1728. Fort Belknap Indian Community of the Fort Belknap Indian Reservation, Petitioner v. Joseph P. Mazurek, Attorney General of Montana, et al.; and No. 94­2092. Joseph P. Mazurek, Attorney General of Montana, et al., Petitioners v. Fort Belknap Indian Community of the Fort Belknap Indian Reservation. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 94­1734. Lansing Dairy, Inc., et al., Petitioners v. Dan Glickman, Secretary of Agriculture, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 94­1740. Pacific Northwest Generating Cooperative, Petitioner v. Northwest Power Planning Council, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Ninth Circuit denied. No. 94­1756. Nicholas Ferrante, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 94­1760. 60 Key Centre, Inc., Petitioner v. Administrator, Gen- eral Services Administration, and Acquest Holdings, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 94­1763. James I. Muirhead, et al., Petitioners v. Farmers Home Administration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 94­1770. Melody Davila, et al., Petitioners v. County of Los Angeles, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 94­1772. Retail, Wholesale and Department Store Union, Local No. 441, Petitioner v. Interstate Brands Corporation, Merita Bread Di- vision. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 94­1778. Citizens Bank of Clovis, Petitioner v. Federal Deposit Insurance Corporation. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 94­1796. Albertson's, Inc., Petitioner v. Commissioner of Inter- nal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. jnl95$1002-01-22-98 06:35:58 JOURNAPGT MILES MONDAY, OCTOBER 2, 1995 7 No. 94­1804. William Williams, et al., Petitioners v. Ashland Engi- neering, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 94­1807. McClellan Ecological Seepage Situation, Mary Fisher and Charles Yarbrough, Petitioners v. William J. Perry, Secretary of Defense. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 94­1817. Alacare Home Health Services, Inc., Petitioner v. Gads- den Regional Medical Center, fka Baptist Hospital of Gadsden, Inc. Petition for writ of certiorari to the Court of Civil Appeals of Ala- bama denied. No. 94­1823. William G. Pierce, Petitioner v. Robert B. Reich, Secre- tary of Labor. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 94­1825. National Commodity and Barter Association, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 94­1827. John O. Zipperer, Jr., Petitioner v. City of Fort Myers, et al.; and No. 94­1997. City of Fort Myers, Petitioner v. John O. Zipperer, Jr. Petitions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 94­1831. Billie H. Allen, et al., Petitioners v. Paine Webber, Incorporated. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 94­1842. Myers & Associates, Ltd., et al., Petitioners v. Trinity Industries, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 94­1845. Barbara Norton, et al., Petitioners v. Houston Indus- tries, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 94­1846. James A. Barnard, Petitioner v. Jackson County, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 94­1848. BMMG, Inc., et al., Petitioners v. American Telecast Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. jnl95$1002-01-22-98 06:35:58 JOURNAPGT MILES 8 MONDAY, OCTOBER 2, 1995 No. 94­1849. Cecelia N. Eagleston, Petitioner v. Daniel Guido, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 94­1850. Richard Andrew Czekaj, et al., Petitioners v. Califor- nia. Petition for writ of certiorari to the Appellate Department, Supe- rior Court of California, Santa Barbara County, denied. No. 94­1851. M & J Coal Company and Monongah Development Company, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 94­1853. Paul David Fini Castriotta, Petitioner v. Nevada. Peti- tion for writ of certiorari to the Supreme Court of Nevada denied. No. 94­1854. Edward Barkauskas, Petitioner v. Illinois. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 94­1856. Joseph Candela, Petitioner v. Darryl J. Woods. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 94­1858. Anna Twins Spottedwolf, et al., Petitioners v. Woods Petroleum Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 94­1859. David Lee Powell, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 94­1861. Gilbert Martinez Musquiz, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 94­1863. Versa Products Company, Inc., Petitioner v. Bifold Company (Manufacturing) Ltd. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 94­1864. Gerard Hennessey and Linda Ann Vega, Petitioners v. L. J. Blalack, et al.; Gerald Hennessey and Linda Ann Vega, Petitioners v. L. J. Blalack, et al.; and Gerald Hennessey and Linda Ann Vega, Petitioners v. L. J. Blalock, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 94­1865. First Pacific Bank and First Pacific Bancorp, Inc., Peti- tioners v. James E. Gilleran, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 94­1866. Northwest Title and Escrow Corp., Petitioner v. Edina Realty, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. jnl95$1002-01-22-98 06:35:58 JOURNAPGT MILES MONDAY, OCTOBER 2, 1995 9 No. 94­1867. American Life League, Inc., et al., Petitioners v. Janet Reno, Attorney General. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 94­1869. In Re Ronald C. Eubanks, dba Lawyer Complaint Service, Petitioner. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 94­1872. David H. Deibler, et ux., Petitioners v. Atlantic Proper- ties Group, Inc. and The Olde Dinner Bell Inn, Inc. Petition for writ of certiorari to the Supreme Court of Delaware denied. No. 94­1874. Jane Porter-Cooper, Petitioner v. Dalkon Shield Claim- ants Trust. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 94­1876. Michael Mauk, et ux., Petitioners v. David A. Engle, Director, Washington County Department of Social Services. Petition for writ of certiorari to the Court of Special Appeals of Maryland denied. No. 94­1877. Francisco Maisonet, Petitioner v. New York. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, First Judicial Department, denied. No. 94­1879. Syed Wahidul Islam and Mahabub Alam Bhuiyan, Peti- tioners v. Creative Tours Micronesia, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 94­1880. Homestead Insurance Company, Petitioner v. Donald Zoppo, et al. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 94­1884. Ronald B. Wolfe, Petitioner v. Allegheny Beverage Corporation and PMA Insurance Company. Petition for writ of certio- rari to the Commonwealth Court of Pennsylvania denied. No. 94­1886. Geoffrey J. Waldau, Petitioner v. Merit Systems Pro- tection Board. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 94­1887. Bruce Willingham and Tom Gray, Petitioners v. Sac and Fox Nation. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 94­1888. Iona Sime, et al., Petitioners v. City of Rohnert Park. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied. jnl95$1002-01-22-98 06:35:58 JOURNAPGT MILES 10 MONDAY, OCTOBER 2, 1995 No. 94­1889. Gaetano Miele, et ux., etc., Petitioners v. Perini Corpo- ration, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 94­1891. Leslie Hazlett Thacker, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Fourteenth District, denied. No. 94­1892. Armando Damian and Damian Clinic, Inc., Petitioners v. Charles Galayda. Petition for writ of certiorari to the Supreme Court of Ohio denied. No. 94­1894. The Cadle Company, Petitioner v. Bankston & Lobin- gier, et al. Petition for writ of certiorari to the Court of Appeals of Texas, Second District, denied. No. 94­1895. Errol Payne, et al., Petitioners v. William Kaplan, Ad- ministrator of the Estate of Lois Kaplan, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Cir- cuit denied. No. 94­1896. Linus Duane Romero, Sr., et ux., Petitioners v. Kmart Corporation, dba K-Mart Discount Store No. 7061. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 94­1897. Daniel N. Fox, Petitioner v. Department of Justice. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 94­1898. Jack J. Grynberg, Petitioner v. Henry Klein, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 94­1901. La Societe Generale Immobiliere and LSGI, Inc., Peti- tioners v. Minneapolis Community Development Agency and City of Minneapolis. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 94­1902. Francisco Roberto Fausto-Rendon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 94­1903. Irving Hochberg, et al., Petitioners v. Maynard How- lett, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 94­1904. Radio Association Defending Airwave Rights, Inc., et al., Petitioners v. Department of Transportation, Federal Highway Ad- ministration. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. jnl95$1002-01-22-98 06:35:58 JOURNAPGT MILES MONDAY, OCTOBER 2, 1995 11 No. 94­1905. Joaquin Osvaldo Gallo-Chamorro, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 94­1907. Morris Winston Wilson, Petitioner v. Immigration and Naturalization Service. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 94­1908. Margaret B. Manhard, Petitioner v. Merrill Lynch, Pierce, Fenner & Smith, Inc. and John R. DaCamara. Petition for writ of certiorari to the Court of Appeals of New York denied. No. 94­1909. Carol Winpenny, Petitioner v. James Winpenny, III. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadelphia Office, denied. No. 94­1910. Erin Dykema, Petitioner v. Volkswagenwerk AG, et al. Petition for writ of certiorari to the Court of Appeals of Wisconsin, District I, denied. No. 94­1911. Madeleine O. Robinson, Petitioner v. Roosevelt Benton, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the First Circuit denied. No. 94­1912. Robert C. Metcalf, Director, Virginia Department of Medical Assistance Services, Petitioner v. Rehabilitation Association of Virginia, Incorporated. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 94­1913. Jerry L. Edwards, Petitioner v. International Union, United Plant Guard Workers of America (UPGWA), et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 94­1914. Jimmy M. Cozad, Petitioner v. Robert E. Rubin, Secre- tary of Treasury, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 94­1917. Ananias Gumbus, Jr., et al., Petitioners v. United Food and Commercial Workers International Union, AFL- CIO/CLC, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 94­1918. Texans United Education Fund, Petitioner v. Texaco, Inc. and Texaco Chemical Co. Petition for writ of certiorari to the Court of Appeals of Texas, Fourteenth District, denied. No. 94­1919. Tap Electrical Contracting Service, Inc., Petitioner v. John E. Sweeney, New York Commissioner of Labor. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied. jnl95$1002-01-22-98 06:35:58 JOURNAPGT MILES 12 MONDAY, OCTOBER 2, 1995 No. 94­1920. James Okun, et ux., Petitioners v. Oklahoma. Petition for writ of certiorari to the Court of Appeals of Oklahoma, Fourth Division, denied. No. 94­1921. Board of County Supervisors of Prince William County, Virginia, Petitioner v. United States. Petition for writ of certio- rari to the United States Court of Appeals for the Federal Circuit denied. No. 94­1923. The Prudential Insurance Company of America, Peti- tioner v. Justine Lai and Elvira Viernes. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 94­1924. John E. Hayes, Jr., Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 94­1925. Short Hills Associates, fka Prutaub Joint Venture, Petitioner v. New Jersey Coalition Against War in the Middle East, et al. Petition for writ of certiorari to the Supreme Court of New Jersey denied. No. 94­1927. Bertrand E. Albert, Petitioner v. Southern Pacific Transportation Company. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 94­1928. ConAgra, Inc. and Swift-Eckrich, Inc., Petitioners v. Oscar Mayer Foods Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 94­1929. Allsup's Convenience Stores, Inc., Petitioner v. Robert Johnsen. Petition for writ of certiorari to the Court of Appeals of New Mexico denied. No. 94­1930. Association of National Advertisers, Inc., et al., Peti- tioners v. Daniel Lungren, Attorney General of California, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 94­1932. Duplitronics, Inc., Petitioner v. Concept Design Elec- tronics and Manufacturing, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 94­1933. Tadeusz Sobiecki, Petitioner v. United States; and No. 94­9078. Ewa Brozek-Lukaszuk and Lester Lukaszuk, Petition- ers v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Seventh Circuit denied. jnl95$1002-01-22-98 06:35:58 JOURNAPGT MILES MONDAY, OCTOBER 2, 1995 13 No. 94­1934. E. R. Myers, Warden, et al., Petitioners v. Gregorio Jiminez. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 94­1936. Charles A. Schultz, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 94­1937. Coalition for Free and Open Elections, et al., Petition- ers v. Betty McElderry, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 94­1938. Barrick Gold Exploration, Incorporated, et al., Peti- tioners v. Marty D. Hudson, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 94­1943. Victor Alexander, Petitioner v. Louisiana State Board of Medical Examiners. Petition for writ of certiorari to the Court of Appeal of Louisiana, Fourth Circuit, denied. No. 94­1944. Gerald Moss, Petitioner v. Harvey Bernard, etc. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 94­1945. Shirley Perkins, Individually and on Behalf of Michael Penn, Petitioner v. Patricia Guey, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 94­1946. Pennsylvania Secretary of Public Welfare, Petitioner v. Idell S. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 94­1947. April Love, Petitioner v. Robert G. Pepersack, Sr., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 94­1948. Norris Harrel, Petitioner v. University of Houston, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 94­1951. Joseph Michael Alf, et al., Petitioners v. Florida; Shir- ley A. Alspaugh, et al., Petitioners v. Florida; and Daniel Murphy Dupuy, et al., Petitioners v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Fifth District, denied. No. 94­1952. City of Hayward, California, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 94­1953. Steamship Clerks Union, Local 1066, Petitioner v. Equal Employment Opportunity Commission. Petition for writ of cer- jnl95$1002-01-22-98 06:35:58 JOURNAPGT MILES 14 MONDAY, OCTOBER 2, 1995 tiorari to the United States Court of Appeals for the First Circuit denied. No. 94­1954. Jewell Kissinger and Gladys Kissinger, Petitioners v. Arkansas State Highway Commission. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 94­1955. County of Boyd, etc., et al., Petitioners v. US Ecology, Inc. Petition for writ of certiorari to the United States Court of Ap- peals for the Eighth Circuit denied. No. 94­1956. Ronald Branson, Petitioner v. Betty B. Fletcher, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 94­1957. Cherrie Hayes, etc., Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 94­1958. Wal-Mart Stores, Inc., dba Sam's Wholesale Club, etc., Petitioner v. Kent Andrew Follette, et ux., etc. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Cir- cuit denied. No. 94­1959. Gloria B. Williams, Petitioner v. David A. Garraghty. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 94­1960. Sandra Freeman, et vir, Petitioners v. Lenard R. Simon and Beth Israel Hospital. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 94­1961. John Hall Thomas, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 94­1962. Howard O. Kieffer, Petitioner v. Bank of America, et al. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. No. 94­1963. Jill Nesladek, Trustee for the Heirs and Next of Kin of Jeremy J. Nesladek, Deceased, Petitioner v. Ford Motor Company. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 94­1965. Amnon Charash, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appel- late District, denied. No. 94­1967. Filiberto E. Montoya, et ux., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. jnl95$1002-01-22-98 06:35:58 JOURNAPGT MILES MONDAY, OCTOBER 2, 1995 15 No. 94­1970. Gulf South Medical and Surgical Institute, et al., Peti- tioners v. Aetna Life Insurance Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 94­1971. Shiley, Inc., et al., Petitioners v. Nina Michael. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 94­1972. Carl Foster, Petitioner v. Northwestern Electric Coop- erative, Inc. Petition for writ of certiorari to the Court of Appeals of Oklahoma, Third Division, denied. No. 94­1974. Evans Koukios, dba Scientific Information Systems, Petitioner v. Marketing Dynamics Inc., dba Lite America. Petition for writ of certiorari to the Court of Appeals of Ohio, Hamilton County, denied. No. 94­1975. Victor M. Bardney, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 94­1976. Alaska State Legislature, Petitioner v. Alaska and Bruce Babbitt, Secretary of the Interior. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 94­1977. Jersey Central Power & Light Company, Petitioner v. Freehold Cogeneration Associates, L.P.; and No. 94­1995. New Jersey Division of the Ratepayer Advocate, Peti- tioner v. Freehold Cogeneration Associates, L.P., et al. Petitions for writs of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 94­1979. Thomas R. Lussier, Petitioner v. Marvin Runyon, Post- master General. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 94­1980. Donald Williams, et ux., et al., Petitioners v. Debbie Pollard, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 94­1981. Roland C. Braswell, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 94­1982. Arvil Ray Ratliff, Petitioner v. Virginia. Petition for writ of certiorari to the Court of Appeals of Virginia denied. No. 94­1983. Leonard Odell Cazey, Petitioner v. Wayne Scott, Direc- tor, Texas Department of Criminal Justice, Institutional Division. Peti- jnl95$1002-01-22-98 06:35:58 JOURNAPGT MILES 16 MONDAY, OCTOBER 2, 1995 tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 94­1984. Matthew Gensburg, et al., Petitioners v. Fred Miller, et al. Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied. No. 94­1986. Tenkasi M. Viswanathan, Petitioner v. Mississippi County Community College Board of Trustees. Petition for writ of cer- tiorari to the Supreme Court of Arkansas denied. No. 94­1987. Glover Bottled Gas Corp., et al., Petitioners v. National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 94­1989. Litton Systems, Inc., Petitioner v. Martha Carroll, et al.; and No. 95­112. Martha Carroll, et al., Petitioners v. Litton Systems, Inc. Petitions for writs of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. No. 94­1990. ANR Pipeline Company and Colorado Interstate Gas Company, Petitioners v. Oklahoma Board of Equalization and Oklahoma Tax Commission. Petition for writ of certiorari to the Supreme Court of Oklahoma denied. No. 94­1991. Triomphe Investors, Petitioner v. City of Northwood, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 94­1992. Ferag AG, Petitioner v. Quipp Incorporated. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 94­1993. Terrence Hall, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Elev- enth Circuit denied. No. 94­1994. Ross Huebner, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 94­1996. Sylvester John Anderson, Petitioner v. Maryland. Peti- tion for writ of certiorari to the Court of Special Appeals of Mary- land denied. No. 94­1998. Capital Wholesale Electric, Inc., Petitioner v. McCar- thy Construction Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. jnl95$1002-01-22-98 06:35:58 JOURNAPGT MILES MONDAY, OCTOBER 2, 1995 17 No. 94­1999. William Fontanille, Petitioner v. Louisiana. Petition for writ of certiorari to the Court of Appeal of Louisiana, Fifth Circuit, denied. No. 94­2000. Howard Washington Wood, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 94­2001. Woodpointe Inn Associates Limited Partnership, et al., Petitioners v. City of Harper Woods, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 94­2002. John D. Morris, Petitioner v. Oregon Department of Revenue. Petition for writ of certiorari to the Supreme Court of Ore- gon denied. No. 94­2004. CCC Information Services Inc., Petitioner v. Maclean Hunter Market Reports, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 94­2005. United States, Petitioner v. Xerox Corporation. Peti- tion for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 94­2006. Hopewell Cogeneration Limited Partnership, et al., Petitioners v. Virginia Corporation Commission. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 94­2007. Dennis Edward Drew, Petitioner v. United States. Pe- tition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 94­2008. Arnim Grunewald, Petitioner v. David Katinsly. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 94­2009. William Martin Gurley, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 94­2010. Gerald J. Brown, Sr., Petitioner v. Maintenance & In- dustrial Services, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 94­2011. Ray Qualmann Marine Construction, Inc., Petitioner v. Kimberly Ann San, Individually and as Personal Representative of the Estate of Lazaro Jesus San, Deceased. Petition for writ of certio- rari to the District Court of Appeal of Florida, Fourth District, denied. jnl95$1002-01-22-98 06:35:58 JOURNAPGT MILES 18 MONDAY, OCTOBER 2, 1995 No. 94­2012. David B. Jacobs, Petitioner v. Grievance Committee for the Eastern District of New York. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 94­2013. Vivian Hammoud, aka Vivian Givan, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 94­2014. Michael D. Jones, et al., Petitioners v. Resolution Trust Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 94­2015. Richard M. Stark and John C. Kalenberg, Petitioners v. Henry S. Reinke, dba Lakeside Properties. Petition for writ of certio- rari to the United States Court of Appeals for the Seventh Circuit denied. No. 94­2017. Salt Lake County and Michael George, Petitioners v. J. Gary Sheets. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 94­2018. Linda J. Gregory, Petitioner v. Thomas L. Jacobs & Associates and Atlantic Richfield Company. Petition for writ of certio- rari to the United States Court of Appeals for the Fifth Circuit denied. No. 94­2019. Oryx Energy Company, fka Sun Gas Company, Inc., Petitioner v. Yvette Bourque, et vir. Petition for writ of certiorari to the Court of Appeal of Louisiana, First Circuit, denied. No. 94­2020. Debra Ishmael, Petitioner v. United States; and No. 94­9641. Rohn Martin Ishmael, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 94­2021. Carol A. Geraci, Petitioner v. Eckankar. Petition for writ of certiorari to the Court of Appeals of Minnesota denied. No. 94­2023. Joseph H. Dalberto, Petitioner v. Pennsylvania. Peti- tion for writ of certiorari to the Superior Court of Pennsylvania, Phila- delphia Office, denied. No. 94­2024. Educational Development Network Corporation and Gerald Kress, Petitioners v. United States. Petition for writ of certio- rari to the United States Court of Appeals for the Third Circuit denied. No. 94­2025. John T. Engstrom, et al., Petitioners v. First National Bank of Eagle Lake. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 94­2026. Local 30, United Slate, Tile and Composition Roofers, Damp and Waterproof Workers Association, AFL-CIO, Petitioner v. jnl95$1002-01-22-98 06:35:58 JOURNAPGT MILES MONDAY, OCTOBER 2, 1995 19 National Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 94­2028. Hamid Chemalali, Petitioner v. District of Columbia. Petition for writ of certiorari to the District of Columbia Court of Ap- peals denied. No. 94­2029. Susan L. Fields, Petitioner v. Donna E. Shalala, Secre- tary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 94­2030. Mark V. Harkins, et al., Petitioners v. Scattered Corpo- ration. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 94­2031. Henry Valerio, Petitioner v. Lend Lease Trucks, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 94­2033. Joyce R. Collins, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Armed Forces denied. No. 94­2034. Empresa Nacional Siderurgica, S.A., Petitioner v. Jerry Young, et al. Petition for writ of certiorari to the Court of Appeal of Louisiana, Fourth Circuit, denied. No. 94­2035. Joseph S. Gregori, et al., Petitioners v. Diane A. Schwartz. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 94­2036. Hawaiian Homes Commission, et al., Petitioners v. Aged Hawaiians. Petition for writ of certiorari to the Supreme Court of Hawaii denied. No. 94­2038. William Fleming, Petitioner v. Greater St. Louis Area Major Case Squad, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 94­2039. Nissei ASB Company, Petitioner v. FMT Corporation, Inc. Petition for writ of certiorari to the United States Court of Ap- peals for the Federal Circuit denied. No. 94­2040. William T. Burgmeier, et al., Petitioners v. Agribank, FCB, fka Federal Land Bank of St. Paul. Petition for writ of certiorari to the Court of Appeals of Minnesota denied. No. 94­2041. Sanitary and Improvement District No. 210 of Douglas County, Nebraska, Petitioner v. City of Omaha, et al. Petition for writ of certiorari to the Court of Appeals of Nebraska denied. jnl95$1002-01-22-98 06:35:58 JOURNAPGT MILES 20 MONDAY, OCTOBER 2, 1995 No. 94­2042. Michael F. Blakeney, Petitioner v. Baker Hughes, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 94­2043. Mark D. Cameron, et al., Petitioners v. General Motors Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 94­2044. Industrial Excess Landfill Inc., et al., Petitioners v. Hartford Accident & Indemnity Company. Petition for writ of certio- rari to the United States Court of Appeals for the Sixth Circuit denied. No. 94­2045. Phillip R. Pummell, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 94­2046. Roy E. Schrock, Petitioner v. Fred McAninch, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 94­2047. Rosebud Sioux Tribe, etc., Petitioner v. Val-U Con- struction Company of South Dakota, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Eighth Circuit denied. No. 94­2048. Kayno M. Reed, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Armed Forces denied. No. 94­2049. Edward Royce Stolz, II, Petitioner v. KSFM 102 FM, et al. Petition for writ of certiorari to the Court of Appeal of California, Third Appellate District, denied. No. 94­2051. Barbara Jumonville, Petitioner v. Robert E. Rubin, Secretary of Treasury. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 94­2052. Lori Crisan, Petitioner v. A. G. Edwards & Sons, Inc., et al.; and Lisa DiDonato, Petitioners v. A. G. Edwards & Sons, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 94­2055. Walter J. Lawrence, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 94­2056. Robert W. Kearns, Petitioner v. Toyota Motor Com- pany, Ltd., et al.; Robert W. Kearns, Petitioner v. Woods Motors, Inc., et al.; Robert W. Kearns, Petitioner v. Fred Lavery Porsche, et al.; Robert W. Kearns, Petitioner v. Ferrari, S.p.A., et al.; and Robert W. jnl95$1002-01-22-98 06:35:58 JOURNAPGT MILES MONDAY, OCTOBER 2, 1995 21 Kearns, Petitioner v. United Technologies Corp., et al. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 94­2057. Kenneth Owen, et ux., Petitioners v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 94­2058. Highland Falls-Fort Montgomery Central School Dis- trict, et al., Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 94­2059. Gary Lehto, Petitioner v. Allstate Insurance Company. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 94­2061. Gary W. Jenkins, Petitioner v. Amchem Products, Inc., et al. Petition for writ of certiorari to the Supreme Court of Kansas denied. No. 94­2062. City of National City, et al., Petitioners v. Samuel W. Rattray, Jr. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 94­2063. Primedical, Inc., et al., Petitioners v. Allied Investment Corporation. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 94­2065. Lyle R. Goetz, et al., Petitioners v. Matthew Crosson, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Second Circuit denied. No. 94­2066. Mohamed El-Hawatky, et al., Petitioners v. Kaiser Foundation Hospitals, et al. Petition for writ of certiorari to the Court of Appeal of California, Third Appellate District, denied. No. 94­2067. TNS, Inc., Petitioner v. Oil, Chemical & Atomic Work- ers International Union, AFL-CIO. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Cir- cuit denied. No. 94­2070. John A. Langdale, Petitioner v. Hunterdon County and Community Care Association of Hunterdon. Petition for writ of certio- rari to the Superior Court of New Jersey, Appellate Division, denied. No. 94­2072. L. Dewayne Neely and Glenda Carol Chadwick, Ad- ministrators of the Estate of Gregory Dewayne Neely, Deceased, Peti- tioners v. Dade County, Georgia, etc., et al. Petition for writ of certio- rari to the United States Court of Appeals for the Eleventh Circuit denied. jnl95$1002-01-22-98 06:35:58 JOURNAPGT MILES 22 MONDAY, OCTOBER 2, 1995 No. 94­2073. Randy Eglin, Petitioner v. United Gas Pipe Line Co., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. No. 94­2074. Koniag, Inc., Petitioner v. Omar Stratman, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 94­2075. L. G., Petitioner v. El Paso County Department of So- cial Services, State of Colorado. Petition for writ of certiorari to the Supreme Court of Colorado denied. No. 94­2076. Bernard Harrison, et al., Petitioners v. Howard Univer- sity. Petition for writ of certiorari to the United States Court of Ap- peals for the District of Columbia Circuit denied. No. 94­2078. Joseph B. Montoya, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 94­2079. Michael Ray Shifflett, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 94­2080. Chris A. Cummings, Lawrence M. Bower and George B. Wallace, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 94­2082. Mahfouz El Shahawy, et al., Petitioners v. William T. Harrison, Jr., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 94­2083. Timothy L. Stern, Petitioner v. Donna E. Shalala, Sec- retary of Health and Human Services, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Second Circuit denied. No. 94­2084. Mitchell W. Adams, Massachusetts Commissioner of Revenue, Petitioner v. Perini Corporation, et al. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied. No. 94­2085. Charles A. Stuckey, et ux., Petitioners v. Henry G. Cisneros, Secretary of Housing and Urban Development, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 94­2086. Skrmetta Machinery Corp., Petitioner v. Laitram Ma- chinery, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. jnl95$1002-01-22-98 06:35:58 JOURNAPGT MILES MONDAY, OCTOBER 2, 1995 23 No. 94­2087. Brown Daltas and Associates, Inc., et al., Petitioners v. Northbrook Excess Surplus Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 94­2088. Jacon Eric Dixon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 94­2089. Gerald Downey, Petitioner v. Florida. Petition for writ of certiorari to the District Court of Appeal of Florida, Second Dis- trict, denied. No. 94­2091. R. A. Barton, et al., Petitioners v. American Red Cross, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. No. 94­2093. Public Utility District No. 1, Snohomish County, Wash- ington, Petitioner v. Class Plaintiffs In MDL­55l, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 94­2095. Valerie K. Sylla-Sawdon, Petitioner v. Uniroyal Good- rich Tire Company. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 94­2096. Arthur Schreiber, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 94­2097. Thomas Shannon, et al., Petitioners v. City of Santa Ana, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 94­2098. Reffat K. Abofreka, Petitioner v. South Carolina Board of Medical Examiners. Petition for writ of certiorari to the Court of Appeals of South Carolina denied. No. 94­2099. City of Houston, et al., Petitioners v. Harris County Outdoor Advertising Association, et al. Petition for writ of certiorari to the Court of Appeals of Texas, Fourteenth District, denied. No. 94­2101. Carlos O. Salinas, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Thirteenth District, denied. No. 94­2105. Harold E. Adamson, et al., Petitioners v. Armco, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. jnl95$1002-01-22-98 06:35:58 JOURNAPGT MILES 24 MONDAY, OCTOBER 2, 1995 No. 94­2106. James B. Maynard, Petitioner v. Norfolk and Western Railway Company. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 94­2108. Marjorie Sturgis, Petitioner v. Jefferson K. Logan, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 94­2109. John Daniel MacLeod, III, Petitioner v. James O. Broc- coletti, et al. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 94­2110. Marion Hommerding, Petitioner v. Travelers Insurance Company, et al. Petition for writ of certiorari to the Court of Appeals of Minnesota denied. No. 94­2112. Del Oro Hills, Petitioner v. City of Oceanside. Petition for writ of certiorari to the Court of Appeal of California, Fourth Ap- pellate District, denied. No. 94­2113. Transportation Insurance Brokers, Inc., Petitioner v. D. W. Ferguson & Associates and Douglas W. Ferguson. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 94­2114. Diane S. Segal, Petitioner v. Florida Bar. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 94­2116. Landscape Properties, Inc., Petitioner v. Robert A. Vogel and Joe D. Whisenhunt. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 94­2118. William T. Conklin, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 94­2119. Cecil Forehand, Petitioner v. Arkansas. Petition for writ of certiorari to the Court of Appeals of Arkansas denied. No. 94­2120. Jody C. Cannon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 94­2121. Maurice A. Cummings, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Armed Forces denied. No. 94­2122. Harris Jarreau, Petitioner v. Port Arthur Towing Co., etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. jnl95$1002-01-22-98 06:35:58 JOURNAPGT MILES MONDAY, OCTOBER 2, 1995 25 No. 94­2123. Janus Industries, dba Acapulco Smoke Shop and James B. Janus, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 94­2124. Larry Milton, Petitioner v. Thomas Heller, etc. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 94­2126. Baptist Memorial Hospital, Petitioner v. Pan American Life Insurance Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 94­2127. Harold W. George, et al., Petitioners v. Joseph Casale, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied. No. 94­2128. Tuaha Mian, Petitioner v. Donaldson, Lufkin & Jen- rette Securities Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 94­2131. Johnnie A. Smith and Roderick Lenar Richardson, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 94­2132. Joseph Keller, Petitioner v. United States and Lillian Halstead. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 94­2133. Sheryl Crawford, Petitioner v. United States Depart- ment of Agriculture. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 94­2136. Russel Leik and Jose Lloren, Petitioners v. Jaime San- tiago. Petition for writ of certiorari to the Court of Appeals of Wiscon- sin, District IV, denied. No. 94­2137. General Motors Corporation, Petitioner v. Jack French, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Third Circuit denied. No. 94­2138. John J. Wiley, et al., Petitioners v. Mayor and City Council of Baltimore. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 94­8473. Anthony Ray Holloway, Petitioner v. Colorado Depart- ment of Corrections, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 94­8485. Daniel Grajeda, Petitioner v. California. Petition for writ of certiorari to the Court of Appeal of California, Second Appel- late District, denied. jnl95$1002-01-22-98 06:35:58 JOURNAPGT MILES 26 MONDAY, OCTOBER 2, 1995 No. 94­8573. Donald Eslick, Petitioner v. Charles Traughber, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 94­8580. David A. Gunter, Petitioner v. Shirley A. Rogers, War- den. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 94­8610. Irwin R. Eisenstein, Petitioner v. Miriam Eisenstein. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. No. 94­8664. Rafael Rijo-Montas, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 94­8672. Evans Lee Gordon, Petitioner v. United States Marshal Service, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 94­8674. Mukhtar Ahmad, Petitioner v. Carlos C. Ortiz, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 94­8685. Swindall Brown, Petitioner v. North Carolina. Petition for writ of certiorari to the Supreme Court of North Carolina denied. No. 94­8744. Jill V., Petitioner v. Orange County Social Services Agency. Petition for writ of certiorari to the Court of Appeal of Califor- nia, Fourth Appellate District, denied. No. 94­8757. Howard Eugene Foren, Petitioner v. Washington. Peti- tion for writ of certiorari to the Court of Appeals of Washington, Divi- sion 2, denied. No. 94­8773. Rodney Curtis Hamrick, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 94­8794. Robert Petersen, Petitioner v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 94­8807. Godwin Okolo, Petitioner v. Immigration and Natural- ization Service. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 94­8813. Robert Patrick Powell, Petitioner v. Kenneth Du- Charme, Superintendent, Washington State Reformatory. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. jnl95$1002-01-22-98 06:35:58 JOURNAPGT MILES MONDAY, OCTOBER 2, 1995