JNL97$IND1-08-20-99 19:51:51 JNLINDPGT MILES OCTOBER TERM 1997 Reference Index Contents: Page Statistics ....................................................................................... II General .......................................................................................... III Appeals ......................................................................................... III Arguments ................................................................................... III Attorneys ...................................................................................... III Briefs ............................................................................................. IV Certiorari ..................................................................................... IV Costs .............................................................................................. V Judgments and Opinions ........................................................... V Original Cases ............................................................................. V Parties ........................................................................................... VI Records ......................................................................................... VI Rules ............................................................................................. VI Stays .............................................................................................. VI Conclusion .................................................................................... VI (I) JNL97$IND2-08-20-99 19:44:03 JNLINDPGT MILES II STATISTICS AS OF JUNE 26, 1998 In Forma Paid Original Pauperis Total Cases Cases Number of cases on docket..................... 7 2432 5253 7692 Cases disposed of...................................... 1 2106 4611 6718 Remaining on docket ............. 6 326 642 974 Cases docketed during term: Paid cases............................................................................................ 2085 In forma pauperis cases.................................................................. 4694 Original cases ..................................................................................... 2 Total ..................................................................................................... 6781 Cases remaining from last term ............................................................... 911 Total cases on the docket........................................................................... 7692 Cases disposed of......................................................................................... 6718 Number remaining on docket.................................................................... 974 Petitions for certiorari granted: In paid cases ....................................................................................... 72 In forma pauperis cases.................................................................. 14 Appeals granted: In paid cases............................................................................. 3 Total cases granted plenary review............................................... 89 * Cases argued during term......................................................................... 96 Number disposed of by full opinions ............................................. 93 Number disposed of by per curiam opinions .............................. 1 Number set for reargument next term......................................... 0 Cases available for argument at beginning of term............................. 48 Disposed of summarily after review was granted ................................ 1 Original cases set for argument ............................................................... 1 Cases reviewed and decided without oral argument ........................... 51 Total cases available for argument at start of next term................... 41 Number of written opinions of the Court............................................... 91 Per Curiam opinions in argued cases..................................................... 1 Number of lawyers admitted to practice as of June 26, 1998: On written motion ............................................................................. 2778 On oral motion.................................................................................... 1633 Total ................................................................................................ 4411 * Includes those granted after the Court recessed on July 1, 1997. JNL97$IND4-08-28-99 20:05:46 JNLINDPGT MILES III GENERAL: Page 1996 Term closed and 1997 Term convened October 6, 1997; adjourned October 5, 1998 ........................................ 1 Brennan, J. (Retired) Announcement of death on July 24, 1997; Resolutions of Bar presented............................. 1, 823 Chief Justice and Breyer, J. absent from Bench.................. 955 Four Justices on bench to release orders and announce opinions ................................................................................... 765 House, Toni. Public Information Officer. Died Septem- ber 29, 1998. Powell, J. (Retired) Died August 25, 1998, at home in Richmond, Virginia; funeral at Grace Covenant Pres- byterian Church; burial in Hollywood Cemetery, Rich- mond, Virginia, August 31, 1998. All sitting Justices, including White, J. (Retired), attended services. Three Justices on bench to release orders............................ 675 Wallace, Lawrence G. Argues 141st case. Remarks by Chief Justice (96­1470) ........................................................ 350 Waxman, Seth P. Acting Solicitor General presented by Attorney General Reno ....................................................... 1 White, J. (Retired) Assigned to Ninth Circuit.................. 423 APPEALS: Motion of parties to expedite case granted, briefing sched- ule set, argument set for April 27, 1999; argued (97­ 1374)..................................................................................... 553, 759 Motion of parties to expedite case granted, briefing schedule set, argument set for November 30, 1998 (Census case) (98­404) ......................................................... 1009 ARGUMENTS: Case argued by attorney pro se (96­1370; 96­1426)....... 236, 240 ATTORNEYS: Attorney invited to brief and argue case as amicus curiae against Court's jurisdiction; argued (96­8986)............ 209, 573 Attorney invited to brief and argue case as amicus curiae in support of judgment below (96­8516; 97­5737)...... 297, 481 Attorney permitted to resign (D­1840; D­1843; D­1858; D­1870; D­1890, D­1893; D­1929; D­1935; D­1965; D­ 1971; D­1980; D­1974)..................................................... 198, 230, 284, 454, 534, 724, 870, 973, 991, 993, 1002 JNL97$IND4-08-28-99 20:05:46 JNLINDPGT MILES IV ATTORNEYS-Continued Bosley, Dale. Marshal of Court. Moved admission of six family members............................................................... 151 Motion for appointment of counsel granted (96­1769; 96­ 8516; 96­8732; 96­8732; 96­8732, 97­215; 96­8732; 96­8837; 96­8422; 97­643, 97­6146; 97­300).................... 5, 212, 245, 301, 336, 388, 441, 490, 491, 556 Motion to substitute appointed counsel granted (96­1769) 185 BRIEFS: Motion to strike supplemental brief granted (96­1581)..... 336 Solicitor General invited to file amicus curiae brief within 5 days (Paraguay requests stay of execution of a national); petitions denied (97­1390, 97­8214, 97­ 8660, 125, Orig.)................................................................. 695, 699 CERTIORARI: Certiorari denied in capital case, statement by Souter, J., joined by three others (97­7521)........................................ 532 Certiorari denied, three justices would remand on state court case (97­471)................................................................ 417 Certiorari granted; CA judgment vacated and case re- manded without argument (97­1620) ............................ 884, 995 Certiorari granted; United States represented by Inde- pendent Counsel Starr, expedited briefing schedule set, argument set for June 8, 1999; argued; opinion announced (97­1192) ........................................................ 654, 692, 902, 954 Eight petitions granted, cases consolidated for briefing and oral argument; briefing schedule set; additional time allotted for oral argument and order of allocation; divided argument allowed (96­826, 97­829, 97­830, 97­ 831, 97­1075, 97­1087, 97­1099, 97­1141) ..................... 464, 487, 833, 956 Leave granted to file petition under seal with redacted copies for public record (M­1) ............................................ 3 Motion to dismiss as improvidently granted denied (97­ 7597; 97­1472) .................................................................... 991, 993 Motions to expedite consideration of petitions granted (97­826, 97­829, 97­831)....................................................... 388 JNL97$IND4-08-28-99 20:05:46 JNLINDPGT MILES V CERTIORARI-Continued Petitions for writs of certiorari before judgment denied, assuming Court of Appeals will proceed expeditiously to decide the cases (97­1924, 97­1942) .............................. 881 Petitions from two different circuits granted and consoli- dated for briefing and oral argument (96­1654, 96­8837) .................................................................................. 359 Rule 12.4 case granted (97­1147)............................................ 580 COSTS: Leave to proceed as a seaman granted (97­1234) ............... 664 Leave to waive $2500 fee limitation under the Criminal Justice Act denied (96­8732) .............................................. 929 JUDGMENTS AND OPINIONS: CA judgment reversed and case remanded with instruc- tions that complaint be dismissed (97­391)...................... 850 Judgment of Court announced by Stevens, J., and deliv- ered an opinion in which Chief Justice joins (96­1060) 739 Order of CA issuing writ of mandamus reversed. Opin- ion per curiam (97­954)....................................................... 611 Writ dismissed as improvidently granted in plurality opinion (96­1279)................................................................... 435 Writ dismissed as improvidently granted. Opinion per curiam announced by Stevens, J. (97­501) ...................... 778 Writ dismissed for want of jurisdiction in signed opinion (96­957)................................................................................... 353 ORIGINAL CASES: 65, Original. Motion of River Master for fees and ex- penses granted .......................................... 157, 906 105, Original. Second Report of Special Master filed, briefing schedule set; motion of Special Master for fees and expenses granted; exceptions overruled without prejudice to renewal of these exceptions .......... 4, 361, 441 108, Original. Motion of Special Master for fees and ex- penses granted............................................... 361 120, Original. Acting Solicitor General granted leave to participate in oral argument; argued; opinion by Souter, J. announced; re- hearing denied .......................... 157, 431, 850, 983 JNL97$IND4-08-28-99 20:05:46 JNLINDPGT MILES VI ORIGINAL CASES-Continued 125, Original. Leave to file bill of complaint denied in opinion per curiam, consolidated with three petitions (97­8214, 97­1390, 97­8660) 699 PARTIES: United States substituted as respondent (96­8516) ........... 388 RECORDS: Motions of parties to enlarge record granted (96­7901).... 5 Motion of parties to expand record granted; motion granted to allow joint stipulation into record (96­ 1584)..................................................................................... 336, 361 RULES: Argued case dismissed under Rule 46 on March 23, 1998 (96­1925) ................................................................................. 458 Argued case dismissed under Rule 46 on May 15, 1998 (97­288) ................................................................................... 569 Federal Rules of Appellate Procedure amended................. 741 Federal Rules of Civil Procedure amended ......................... 741 Federal Rules of Criminal Procedure amended .................. 741 Federal Rules of Evidence amended ..................................... 742 STAYS: Stay of execution pending action on petition for cer- tiorari granted (97­7521; 98­5864)............................... 437, 1011 Stay pending appeal granted (A-490); probable jurisdic- tion noted (97­1396).......................................................... 461, 743 CONCLUSION: Call of calendar suspended, except for case scheduled for June 8, 1998............................................................................ 756 Last recess order and closing remarks by Stevens, J. on June 26, 1998.......................................................................... 974 Last order of Term released September 29, 1998 (98­6139)................................................................................. 1022 JNL97$1006-08-29-99 19:19:15 JOURNAPGT MILES (JOURNAL) MONDAY, OCTOBER 6, 1997 1 SUPREME COURT OF THE UNITED STATES Present: Chief Justice Rehnquist, Justice Stevens, Justice O'Connor, Justice Scalia, Justice Kennedy, Justice Souter, Justice Thomas, Justice Ginsburg, and Justice Breyer. The Chief Justice said: "I have the honor to announce, on behalf of the Court, that the Octo- ber 1996 Term of the Supreme Court of the United States is now closed, and the October 1997 Term is now convened. The Court now recognizes the Attorney General, Janet Reno." The Attorney General said: "Mr. Chief Justice, and may it please the Court. I have the honor to present to the Court the Acting Solicitor General, Seth P. Waxman of the District of Columbia." The Chief Justice said: "Mr. Acting Solicitor General, the Court welcomes you to the per- formance of the important office that you have assumed, to represent the government of the United States before this Court. We wish you well in your office. "As we open this morning, I note with sadness that our friend and colleague, William Joseph Brennan, Jr., a retired Justice of this Court, died on July 24, 1997, at Arlington, Virginia. "Born in Newark, New Jersey, on April 25, 1906, William Brennan was the second of eight children born to Irish parents who emigrated to the United States in 1890. An outstanding student from an early age, he was an honor student of the Wharton School of the University of Pennsylvania and graduated high in his class at Harvard Law School. "Justice Brennan joined a prominent New Jersey law firm where he specialized in labor law. He was an Army officer during World War II and served on the staff of the Undersecretary of War. Following a brief return to private practice after the war, he began his judicial career. He moved rapidly from the state trial bench to the New Jersey Su- preme Court. President Eisenhower nominated him to this Court in 1956. "Justice Brennan authored many landmark opinions while on the bench of this Court. He became a champion of an expansive view of constitutional protection of individual rights. Following his retirement in 1990 after 33 years on this bench, Justice Brennan often frequented JNL97$1006-08-29-99 19:19:15 JOURNAPGT MILES 2 MONDAY, OCTOBER 6, 1997 the building and continued a warm relationship with his former colleagues. "The members of this Court will greatly miss Justice Brennan's wit and his friendly, buoyant spirit, and I speak for them in expressing our profound sympathy to Mrs. Brennan, to his daughter and two sons, and to all those whose lives were touched by this remarkable man. The recess the Court takes this month will be in his memory. At an appro- priate time, the traditional memorial observance of the Court and the Bar of this Court will be held in this Courtroom. "Today's orders of the Court have been certified by The Chief Jus- tice, filed with the Clerk, and will not be announced orally." Appeals-Summary Disposition No. 96­1680. Sheldon Silver, Speaker of the House for the New York State Assembly, et al., Appellants v. Angel Diaz, et al.; No. 96­1904. Luis Garden Acosta and Margarita Lopez, Appellants v. Angel Diaz, et al.; and No. 96­2008. Peter Lau and John Kuo Wei Tchen, Appellants v. Angel Diaz, et al. Appeals from the United States District Court for the Eastern District of New York. Judgment affirmed. Certiorari-Summary Disposition No. 96­1598. Michael O'Leary, et al., Petitioners v. John Mack, et al. On petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit. Motion of respondent John Mack for leave to proceed in forma pauperis granted. Petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Seventh Circuit for further consideration in light of City of Boerne v. Flores, 521 U. S. ­­­ (1997). No. 96­1853. Burlington Northern Railroad Company, Petitioner v. Estate of Red Wolf, et al. On petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Ninth Circuit for further con- sideration in light of Strate v. A­1 Contractors, 520 U. S. ­­­ (1997). No. 96­8308. Anthony Lancaster, Petitioner v. Florida. On petition for writ of certiorari to the Supreme Court of Florida. Motion of peti- tioner for leave to proceed in forma pauperis and petition for writ of certiorari granted. Judgment vacated, and case remanded to the Su- preme Court of Florida for further consideration in light of Lynce v. Mathis, 519 U. S. ­­­ (1997). JNL97$1006-08-29-99 19:19:15 JOURNAPGT MILES MONDAY, OCTOBER 6, 1997 3 No. 96­8531. Herman Edward Lamb, Jr., Petitioner v. Harry K. Sin- gletary, Jr., Secretary, Florida Department of Corrections. On petition for writ of certiorari to the Supreme Court of Florida. Motion of peti- tioner for leave to proceed in forma pauperis and petition for writ of certiorari granted. Judgment vacated, and case remanded to the Su- preme Court of Florida for further consideration in light of Lynce v. Mathis, 519 U. S. ­­­ (1997). No. 96­8978. Francisco Gomez, Petitioner v. George DeTella, War- den. On petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit. Motion of petitioner for leave to pro- ceed in forma pauperis and petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Seventh Circuit for further consideration in light of Lindh v. Murphy, 521 U. S. ­­­ (1997). No. 96­9072. Jimmy Ray Pitsonbarger, Petitioner v. Richard Gram- ley, Warden. On petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Seventh Circuit for further consideration in light of Lindh v. Murphy, 521 U. S. ­­­ (1997). Orders in Pending Cases No. A­196. George Lynch, et al., Applicants v. United States. Appli- cation for stay addressed to Justice Thomas and referred to the Court denied. No. M­1. Hector Guerrero-Martinez, Petitioner v. United States. Mo- tion for leave to file a petition for writ of certiorari under seal with redacted copies for the public record granted. No. M­2. David D. Webster, Petitioner v. Indiana. Motion for leave to proceed in forma pauperis without an affidavit of indigency exe- cuted by petitioner denied. No. M­3. Jack Reynolds, Petitioner v. Paul Caspari, Superintendent, Missouri Eastern Correctional Center, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time under Rule 14.5 denied. No. M­4. Kenneth Leon Milton, Petitioner v. Southwestern Bell Telephone Company. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. JNL97$1006-08-29-99 19:19:15 JOURNAPGT MILES 4 MONDAY, OCTOBER 6, 1997 No. M­5. Lester C. Molson, et ux., Petitioners v. Standard Federal Bank. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M­6. Marylouise A. Martinez, Petitioner v. Office of Personnel Management. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M­7. Norman Bardsley, Petitioner v. Powell, Trachtman, Logan, Carrle & Bowman, et al. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M­10. Pamela McKay, Petitioner v. Toyota Motor Manufacturing, U.S.A., Inc. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M­11. Harold F. Pearson, III, Petitioner v. John Hancock Mutual Life Insurance Company. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M­13. Valerie S. Weiss, Petitioner v. La Terraza Apartments. Motion to direct the Clerk to file a petition for writ of certiorari out-of- time denied. No. M­14. Jerald W. Boitnott, Petitioner v. Craig Cascarano. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M­15. Hwa Ja Kim, et al., Petitioners v. Wills & Van Metre, Inc. Motion to direct the Clerk to file a petition for writ of certiorari out-of-time denied. No. M­8. Paul A. Bilzerian, Petitioner v. HSSM #7 Limited Partner- ship. Motion to direct the Clerk to file a petition for writ of certiorari with an appendix not in compliance with Rule 33.1 denied. No. 105, Original. State of Kansas, Plaintiff v. State of Colorado. The Second Report of the Special Master is received and ordered filed. Exceptions to the Report with supporting briefs may be filed within 45 days. Replies, if any, with supporting briefs may be filed within 30 days. No. 96­552. Rachel Agostini, et al., Petitioners v. Betty-Louise Fel- ton, et al.; and No. 96­553. Chancellor, Board of Education of the City of New York, et al., Petitioners v. Betty-Louise Felton, et al. Motion of respondents to retax costs denied. No. 96­1163. Mallott & Peterson and Industrial Indemnity Com- pany, Petitioners v. Beatrice Stadtmiller, et al. Motion of respondent JNL97$1006-08-29-99 19:19:15 JOURNAPGT MILES MONDAY, OCTOBER 6, 1997 5 Beatrice Stadtmiller for attorneys' fees denied without prejudice to refiling in the United States Court of Appeals for the Ninth Circuit. No. 96­1570. NYNEX Corporation, et al., Petitioners v. Discon, In- corporated. The Solicitor General is invited to file a brief in this case expressing the views of the United States. No. 96­1793. Cedar Rapids Community School District, Petitioner v. Garret F., a Minor By His Mother and Next Friend, Charlene F. The Solicitor General is invited to file a brief in this case expressing the views of the United States. No. 97­49. Portland General Electric Company, Petitioner v. Colum- bia Steel Casting Co., Inc. The Solicitor General is invited to file a brief in this case expressing the views of the United States. No. 97­144. Steve Pearson, Petitioner v. Gary Dale Hines. The Solici- tor General is invited to file a brief in this case expressing the views of the United States. No. 96­1579. James Brogan, Petitioner v. United States. Motion of respondent Reinaldo Roman for leave to proceed further herein in forma pauperis granted. No. 96­1769. Ohio Adult Parole Authority, et al., Petitioners v. Eu- gene Woodard. Motion for appointment of counsel granted, and it is ordered that Michael J. Benza, Esquire, of Columbus, Ohio, is appointed to serve as counsel for the respondent in this case. No. 96­1936. Fairport International Exploration, Inc., Petitioner v. Shipwrecked Vessel Known as The Captain Lawrence, in rem, et al. Motion of Columbus-America Discovery Group, Inc., for leave to file a brief as amicus curiae granted. No. 96­1962. Sylvia Cohen, Petitioner v. Little Six, Inc., dba Mystic Lake Casino. Motion of respondent for sanctions denied. No. 96­7901. Richard F. Trest, Petitioner v. Burl Cain, Warden. Mo- tion of petitioner to enlarge the record granted. Motion of respondent to enlarge the record granted. No. 96­9413. In Re Melvin Leroy Tyler, Petitioner. Motion of peti- tioner for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner is allowed until October 27, 1997, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compli- ance with Rule 33.1 of the Rules of this Court. No. 96­9513. Lorenzo Arteaga, Petitioner v. California. Motion of petitioner for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner is allowed until October 27, 1997, within which to pay JNL97$1006-08-29-99 19:19:15 JOURNAPGT MILES 6 MONDAY, OCTOBER 6, 1997 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. 97­472. Bill Jones, Secretary of State of California, Petitioner v. Tom Bates, et al. Motion of petitioner to expedite consideration of the petition for certiorari denied. No. 97­5051. Michael B. DiGiovanni, Petitioner v. Pennsylvania. Mo- tion of petitioner for leave to proceed in forma pauperis denied. Peti- tioner is allowed until October 27, 1997, within which to pay the docket- ing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court. No. 97­5124. In Re Melvin Leroy Tyler, Petitioner. Motion of peti- tioner for leave to proceed in forma pauperis denied. See Rule 39.8. Petitioner is allowed until October 27, 1997, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compli- ance with Rule 33.1 of the Rules of this Court. No. 97­5299. Stephen v. Talmage, Petitioner v. Commissioner of In- ternal Revenue. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner is allowed until October 27, 1997, 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. 97­5685. Dwight B., Plaintiff v. Jerry Lynn C. Application for stay addressed to Justice Ginsburg and referred to the Court denied. No. 97­5770. In Re Philip Ernest Johnson, Petitioner. Motion of peti- tioner for leave to proceed in forma pauperis denied. Petitioner is allowed until October 27, 1997, 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. 96­1440. Byron Still, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 96­1550. Maryland State Department of Education, Division of Rehabilitation Services, Petitioner v. Department of Veterans Affairs, et al.; and No. 96­1551. National Federation of the Blind, et al., Petitioners v. Department of Veterans Affairs, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Fourth Circuit denied. JNL97$1006-08-29-99 19:19:15 JOURNAPGT MILES MONDAY, OCTOBER 6, 1997 7 No. 96­1556. Steven G. Lough, Petitioner v. Brunswick Corporation, dba Mercury Marine. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 96­1557. John E. Calhoon, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 96­1559. Charles Owens, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 96­1595. Arizona, et al., Petitioners v. United States, et al.; and No. 96­1596. California, et al., Petitioners v. United States, et al. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 96­1607. Duwamish Indian Tribe, et al., Petitioners v. United States, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 96­1614. Lorraine Loder, Petitioner v. City of Glendale, et al.; and No. 96­1814. City of Glendale, et al., Petitioners v. Lorraine Loder. Petitions for writs of certiorari to the Supreme Court of California denied. No. 96­1617. Pueblo of Santa Ana, et al., Petitioners v. John J. Kelly, United States Attorney for the District of New Mexico, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 96­1627. Theodore Van Zelst, et ux., et al., Petitioners v. Com- missioner of Internal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 96­1648. Richard F. Richenberg, Jr., Petitioner v. William S. Cohen, Secretary of Defense, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 96­1653. Joe Omorodion Osaren, Petitioner v. Immigration and Naturalization Service. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 96­1661. Amcor Capital Corporation, et al., Petitioners v. Wil- bur Goolkasian, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. JNL97$1006-08-29-99 19:19:15 JOURNAPGT MILES 8 MONDAY, OCTOBER 6, 1997 No. 96­1695. Attala County, et al., Petitioners v. Bernard Teague, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fifth Circuit denied. No. 96­1703. Bush & Burchett, Inc., Petitioner v. Alexis M. Herman, Seretary of Labor, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 96­1717. Free Air Corporation, Petitioner v. Federal Communi- cations Commission. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 96­1720. Phillip Jerome Jones, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Ninth District, denied. No. 96­1733. Winifred Feezor, et al., Petitioners v. Bruce Babbitt, Secretary of Interior, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 96­1738. Raymond Rybar, Jr., Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 96­1740. Geske and Sons, Inc., Petitioner v. National Labor Re- lations Board, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 96­1743. Johnson & Higgins, Inc., Petitioner v. Equal Employ- ment Opportunity Commission. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 96­1753. County of Napa, Petitioner v. Violet M. Schutt. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 96­1758. Shirley McClure, et vir, Petitioners v. City of Long Beach, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 96­1759. William Joseph Kirk, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 96­1760. Rich Hill, et ux., Petitioners v. Gateway 2000, Inc., and David Prais. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 96­1762. Washington Restaurant Management, Inc., Petitioner v. Vons Companies, Inc. Petition for writ of certiorari to the Supreme Court of California denied. JNL97$1006-08-29-99 19:19:15 JOURNAPGT MILES MONDAY, OCTOBER 6, 1997 9 No. 96­1763. Marshall Spiegel, Petitioner v. James Mescall, et al. Petition for writ of certiorari to the Appellate Court of Illinois, First District, denied. No. 96­1764. Marshall Spiegel, et ux., Petitioners v. Hollywood Towers Condominium Association, et al. Petition for writ of certiorari to the Appellate Court of Illinois, Second District, denied. No. 96­1770. Robert C. Miller, et al., Petitioners v. Diane Provenz, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 96­1772. Stephen Flick, Petitioner v. Weddington Productions, Inc. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 96­1773. Astoria Federal Savings & Loan Association, Peti- tioner v. New York, et al. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied. No. 96­1782. Cheryl Adams, et al., Petitioners v. Cumberland Farms, Inc., et al. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied. No. 96­1785. Discon, Incorporated, Petitioner v. NYNEX Corpora- tion, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 96­1786. Illinois, Petitioner v. Paul Krueger. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 96­1787. Dana Corporation, Parish Division, Petitioner v. Rob- ert Lee Newton. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 96­1788. Citizens United, Petitioner v. United States, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 96­1789. Samuel Martinez-Serrano, Petitioner v. Immigration and Naturalization Service. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 96­1791. Gene Flinn, Petitioner v. Prudential Property and Cas- ualty Insurance Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 96­1792. Brian Overbeek, Petitioner v. Charles Heimbecker, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. JNL97$1006-08-29-99 19:19:15 JOURNAPGT MILES 10 MONDAY, OCTOBER 6, 1997 No. 96­1794. Soon Duck Kim, Man Suk Jun, and In Myung Jun, Petitioners v. City of New York. Petition for writ of certiorari to the Court of Appeals of New York denied. No. 96­1795. Charlotte A. Dorand, Petitioner v. Right Up Your Alley, Inc., and Arlene L. Creely. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 96­1797. Robert C. Henson, Petitioner v. City of Greensboro. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 96­1798. Christina Leap, et al., Petitioners v. Paul Malone, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 96­1799. George F. Reidy, et al., Petitioners v. Travelers Insur- ance Company. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 96­1800. Jane Rini, Petitioner v. United Van Lines, Inc. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 96­1801. Debra M. Smolko, Petitioner v. GTE Service Corpora- tion. Petition for writ of certiorari to the United States Court of Ap- peals for the Eleventh Circuit denied. No. 96­1802. Donna Durham, Petitioner v. Health Net, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 96­1804. David L. C. Hwang, Petitioner v. Robert G. Harris, et al. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. No. 96­1805. Promise Doe, et al., Petitioners v. Don Sundquist, Gov- ernor of Tennessee, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 96­1806. Maryland Psychiatric Society, Inc., Petitioner v. Martin P. Wasserman, Secretary, Maryland Department of Health and Mental Hygiene, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 96­1809. Scot A. Reinert, Petitioner v. Pennsylvania. Petition for writ of certiorari to the Superior Court of Pennsylvania, Philadel- phia Office, denied. JNL97$1006-08-29-99 19:19:15 JOURNAPGT MILES MONDAY, OCTOBER 6, 1997 11 No. 96­1813. IBP, Inc., and Diane Arndt, Petitioners v. Kevin Wil- son. Petition for writ of certiorari to the Supreme Court of Iowa denied. No. 96­1815. Johnie Vollert, Petitioner v. City of Houston. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 96­1816. Albert G. Prodell, et al., Petitioners v. New York, et al. Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Third Judicial Department, denied. No. 96­1818. Federal Election Commission, Petitioner v. Maine Right To Life Committee, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 96­1819. John Doe, Petitioner v. Massachusetts Department of Social Services, et al. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied. No. 96­1820. H. Jason Gold, etc., et al., Petitioners v. Panalpina, Inc., et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Fourth Circuit denied. No. 96­1821. Willie Brown, et ux., Petitioners v. Donna E. Shalala, Secretary of Health and Human Services. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 96­1822. Lawrence Rosano, Petitioner v. Adelphi University, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 96­1826. Joseph Benedict Halash, Petitioner v. Michigan. Peti- tion for writ of certiorari to the Circuit Court of Michigan, Wayne County, denied. No. 96­1827. Earl Gene Hess, Jr., on Behalf of James G. Hess, and Elizabeth G. Hess, Minors, Petitioner v. Patricia Louise Hess. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 96­1828. Amanda Chaparro, Petitioner v. IBP, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 96­1831. Dale Robertson, et ux., Petitioners v. City of South Gate, et al. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. JNL97$1006-08-29-99 19:19:15 JOURNAPGT MILES 12 MONDAY, OCTOBER 6, 1997 No. 96­1832. Cynthia Smith, Petitioner v. Blue Cross Blue Shield of Kansas, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 96­1833. Cliff Gardner, et ux., Petitioners v. D. Waive Stager, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Ninth Circuit denied. No. 96­1836. Jeffrey Brochu, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, Fourteenth District, denied. No. 96­1837. Houston Brokerage, Inc., et al., Petitioners v. Nathan McDonald, et ux., etc., et al. Petition for writ of certiorari to the Court of Appeals of Texas, Thirteenth District, denied. No. 96­1838. Mark F. Alexander, Petitioner v. Rush North Shore Medical Center. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 96­1840. Robert Lynn Cochran, Petitioner v. Planned Parent- hood Association of San Mateo County, et al. Petition for writ of certio- rari to the Court of Appeal of California, First Appellate District, denied. No. 96­1841. Louisiana, et al., Petitioners v. Jennifer Mistretta, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 96­1843. David L. Smith, Petitioner v. United States Court of Appeals for the Tenth Circuit, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 96­1844. MMP Investments, Inc., Petitioner v. Lander Co., Inc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 96­1847. New Mexico Energy, Minerals and Natural Resources Department, et al., Petitioners v. Federal Energy Regulatory Commis- sion, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 96­1848. Regina Yoder, et vir, Petitioners v. Honeywell, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 96­1849. John H. Lary, Jr., Petitioner v. Shirley S. Chater, Com- missioner of Social Security, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. JNL97$1006-08-29-99 19:19:15 JOURNAPGT MILES MONDAY, OCTOBER 6, 1997 13 No. 96­1851. Virgil Jones, Petitioner v. Ronald Watson, J. Volland, and W. Stec. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 96­1854. Anthony W. Cvelbar, Petitioner v. CBI-Illinois, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 96­1855. Matti I. Schultz, Petitioner v. McDonnell Douglas Cor- poration. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 96­1856. Albin A. Rhomberg, et al., Petitioners v. Pete Wilson, Governor of California, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 96­1858. Shelley K. Cole, Petitioner v. Kimberly-Clark Corpora- tion. Petition for writ of certiorari to the United States Court of Ap- peals for the Federal Circuit denied. No. 96­1860. Homer Hanrahan, Petitioner v. James K. Williams, et al. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 96­1861. Charles R. Fetty, et al., Petitioners v. Pension Benefit Guaranty Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 96­1862. First Jersey Securities, Inc., and Robert E. Brennan, Petitioners v. Securities and Exchange Commission. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 96­1863. John J. Hindera, Petitioner v. Khi v. Thai, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 96­1864. Stephen Charles Frohne, Petitioner v. Texas. Petition for writ of certiorari to the Court of Appeals of Texas, First District, denied. No. 96­1867. Libertarian Party of Florida, et al., Petitioners v. Jim Smith, Florida Secretary of State, et al. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 96­1871. Winfred L. Maxwell, Petitioner v. William Bratton, Po- lice Commissioner, New York City Police Department, et al. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. JNL97$1006-08-29-99 19:19:15 JOURNAPGT MILES 14 MONDAY, OCTOBER 6, 1997 No. 96­1874. Charita D. Chalmers, Petitioner v. Tulon Company of Richmond. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 96­1875. Ottie Hooker, Petitioner v. Producers Tractor Com- pany. Petition for writ of certiorari to the Supreme Court of Arkan- sas denied. No. 96­1877. Thomas M. Fields, Petitioner v. Estate of Irving L. Fields, et al. Petition for writ of certiorari to the District Court of Appeal of Florida, Fourth District, denied. No. 96­1878. Omni Homes, Inc., Petitioner v. Board of Supervisors, Prince William County, Virginia. Petition for writ of certiorari to the Supreme Court of Virginia denied. No. 96­1879. Darlene C. Sammarco, Petitioner v. Ford Motor Com- pany. Petition for writ of certiorari to the Supreme Court of Minne- sota denied. No. 96­1881. Joseph F. Gazza, Petitioner v. New York Department of Environmental Conservation. Petition for writ of certiorari to the Court of Appeals of New York denied. No. 96­1882. Lars W. Ehrlander, Petitioner v. Department of Trans- portation of Alaska, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 96­1883. H. Thomas Fehn, Petitioner v. Securities and Exchange Commission. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 96­1885. Frillz, Inc., Petitioner v. Aida Alvarez, Administrator of Small Business Administration. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 96­1886. Carolyn Becker, Petitioner v. Federico Pena, Secretary of Energy, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 96­1887. Florence Zschach, et al., Petitioners v. Lucas, Prender- gast, Albright, Gibson & Newman, et al. Petition for writ of certiorari to the Court of Appeals of Ohio, Franklin County, denied. No. 96­1888. Tyson E. Tatum, Petitioner v. Vanliner Insurance Com- pany of Fenton, Missouri. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 96­1889. Musco Corporation and Musco Sports Lighting, Inc., Petitioner v. Qualite, Inc., dba Qualite Sports Lighting, Inc. Petition JNL97$1006-08-29-99 19:19:15 JOURNAPGT MILES MONDAY, OCTOBER 6, 1997 15 for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 96­1890. Hector Berellez, Bill Waters, Pete Gruden, and Jack Lawn, Petitioners v. Humberto Alvarez-Machain. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 96­1891. M. R. Mikkilineni, General Partner of Talasila, Peti- tioner v. City of Houston, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 96­1892. Gerald J. McLamb, Petitioner v. Arizona. Petition for writ of certiorari to the Court of Appeals of Arizona, Division One, denied. No. 96­1893. Lynn Allan Jenkins, Petitioner v. Eighth District Court Clerks, et al. Petition for writ of certiorari to the Supreme Court of Utah denied. No. 96­1894. James A. Tanford, et al., Petitioners v. Myles Brand, President of Indiana University, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 96­1895. MW Ag, Inc., et al., Petitioners v. New Hampshire Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 96­1897. Mid South Controls and Services, Inc., Petitioner v. Earl J. Hebert, Jr. Petition for writ of certiorari to the Court of Appeal of Louisiana, Third Circuit, denied. No. 96­1900. Arizona, Petitioner v. Travis S. Wright. Petition for writ of certiorari to the Court of Appeals of Arizona, Division One, denied. No. 96­1901. Alan D. Emerson, dba Emerson Aviation, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 96­1902. James E. Butler, Jr., Petitioner v. General Motors Cor- poration. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 96­1905. Rainbow Group, Ltd., and Alan Sager, Petitioners v. Jennifer Casey, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 96­1906. Steven Lowe, Petitioner v. Nueces County, Texas. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. JNL97$1006-08-29-99 19:19:15 JOURNAPGT MILES 16 MONDAY, OCTOBER 6, 1997 No. 96­1907. Dennis Olivares, Petitioner v. National Aeronautics and Space Administration. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 96­1908. Peter M. McDevitt, Petitioner v. Disciplinary Board of the Supreme Court of New Mexico, et al. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 96­1909. Hugh Foster, Petitioner v. International Business Ma- chines Corporation, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 96­1910. Maria Felinska, Petitioner v. New England Teamsters and Trucking Industry Pension Fund. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 96­1911. Douglas L. Nicholson, Petitioner v. Nevada State Bar. Petition for writ of certiorari to the Supreme Court of Nevada denied. No. 96­1912. Rodney Wagstaff, Petitioner v. Virginia. Petition for writ of certiorari to the Court of Appeals of Virginia denied. No. 96­1913. W. L. Hodge, Petitioner v. John H. Dalton, Secretary of the Navy. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 96­1914. Frank A. Delnero, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 96­1915. Michael P. Kelly, et al., Petitioners v. Dionne Staples, et al. Petition for writ of certiorari to the United States Court of Ap- peals for the Sixth Circuit denied. No. 96­1916. Quinn-L Capital Corporation, et al., Petitioners v. Royal Insurance Company of America, et al. Petition for writ of certio- rari to the United States Court of Appeals for the Fifth Circuit denied. No. 96­1917. Delores Hawkins, Individually, and as Personal Repre- sentative of the Estate of Elva Mae Gilliam, Deceased, Petitioner v. McNeil Pharmaceutical. Petition for writ of certiorari to the District of Columbia Court of Appeals denied. No. 96­1919. DP Partners, Limited Partnership, and Sussex Proper- ties, Inc., Petitioners v. Hall Financial Group, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 96­1920. In Re Peter Adrian Acuna, Petitioner. Petition for writ of certiorari to the Supreme Court of California denied. JNL97$1006-08-29-99 19:19:15 JOURNAPGT MILES MONDAY, OCTOBER 6, 1997 17 No. 96­1924. Bradley Kent Knox, Petitioner v. Nevada Department of Motor Vehicles and Public Safety. Petition for writ of certiorari to the Supreme Court of Nevada denied. No. 96­1926. Geraldine Williams, et vir, Petitioners v. Franklin First Federal Savings Bank, et al. Petition for writ of certiorari to the Supe- rior Court of Pennsylvania, Philadelphia Office, denied. No. 96­1927. City of Dallas, Willard Rollins, and Richard Hatler, Petitioners v. Richard Kirks and Jan Forsyth. Petition for writ of cer- tiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 96­1928. Lower Brule Sioux Tribe, Petitioner v. South Dakota. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 96­1929. Donald Green, Petitioner v. Philadelphia Housing Au- thority, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 96­1930. Clark Garen, Petitioner v. Supreme Court of Washing- ton, and Washington State Bar Association. Petition for writ of certio- rari to the Supreme Court of Washington denied. No. 96­1932. Louis M. Mainiero, Petitioner v. Eurial K. Jordan, Ad- ministrator, Wisconsin Department of Probation and Parole, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 96­1933. E. F., a Minor, By and Through Mississippi Protection and Advocacy System, Inc., etc., et al., Petitioners v. Brenda Scafidi, Director, Division of Children and Youth Services, etc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 96­1934. Beverly Health and Rehabilitation Services, Inc., Peti- tioner v. Frederick L. Feinstein, General Counsel, National Labor Re- lations Board. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 96­1935. Marshall Spiegel, Petitioner v. City of Chicago, et al. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 96­1937. Jackson Square Associates, Petitioner v. Department of Housing and Urban Development, etc. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 96­1938. WesBanco Bank Barnesville, fka The First National Bank of Barnesville, Petitioner v. Customer Creditors. Petition for writ JNL97$1006-08-29-99 19:19:15 JOURNAPGT MILES 18 MONDAY, OCTOBER 6, 1997 of certiorari to the United States Court of Appeals for the Sixth Cir- cuit denied. No. 96­1939. Lawrence Norton, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 96­1940. Jaques Admiralty Law Firm, Petitioner v. ACandS, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 96­1941. Jeffrey Theodore Kitze, Petitioner v. Virginia. Petition for writ of certiorari to the Court of Appeals of Virginia denied. No. 96­1942. CMI, Inc., Petitioner v. Intoximeters, Inc., et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 96­1943. Fred Stallworth, Petitioner v. Alexis Herman, Secre- tary of Labor. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 96­1944. Thomas P. Norton, et al., Petitioners v. Federal Trade Commission, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 96­1945. Robert W. Musser, Petitioner v. Doug Damrow, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 96­1946. Parker M. Nielson, Petitioner v. Syrett Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied. No. 96­1947. John J. Stanton, Petitioner v. District of Columbia Court of Appeals. Petition for writ of certiorari to the District of Co- lumbia Court of Appeals denied. No. 96­1949. Claude I. Smelser, Petitioner v. Norfolk and Western Railway Company. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 96­1950. Vipin Trivedi, Petitioner v. Thomas Cooper. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 96­1951. Janet L. Vaught, et al., Petitioners v. Showa Denko, K. K., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 96­1952. G. A. Holt, Petitioner v. Joseph O. Lewis, Joseph O. Dean, William E. Hull, and Samford University. Petition for writ of JNL97$1006-08-29-99 19:19:15 JOURNAPGT MILES MONDAY, OCTOBER 6, 1997 19 certiorari to the United States Court of Appeals for the Eleventh Cir- cuit denied. No. 96­1953. Tracy Dionne Knox, et vir, Petitioners v. Sandoz Phar- maceuticals Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 96­1954. Franklin Ballenger, Petitioner v. North Carolina. Peti- tion for writ of certiorari to the Supreme Court of North Carolina denied. No. 96­1955. Holsum Bakers of Puerto Rico, Inc., Petitioner v. Na- tional Labor Relations Board. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 96­1956. Richard A. Cole, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 96­1958. City of Oceanside and John Mamaux, Petitioners v. William Shafer. Petition for writ of certiorari to the Court of Appeal of California, Fourth Appellate District, denied. No. 96­1959. Margaret Mayer, Executrix of the Estate of James E. Mayer, Deceased, Petitioner v. Cornell University and Laura Brown. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 96­1960. Wang Laboratories, Inc., Petitioner v. Mitsubishi Elec- tronics America, Inc., and Mitsubishi Electric Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 96­1961. Elizabeth Gordon, Petitioner v. Board of Education for the City of New York. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 96­1964. James A. Merriam, Petitioner v. United States; and No. 97­5255. Harold B. Hayes, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 96­1965. Theresa Martin, Petitioner v. Shaw's Supermarkets, Inc. Petition for writ of certiorari to the United States Court of Ap- peals for the First Circuit denied. No. 96­1966. Valsamis, Inc., et al., Petitioners v. Cornhill Insurance PLC, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. JNL97$1006-08-29-99 19:19:15 JOURNAPGT MILES 20 MONDAY, OCTOBER 6, 1997 No. 96­1967. Aroma Manufacturing, Inc., Petitioner v. Alternative Pioneering Systems, Inc., dba American Harvest; and Aroma Manufac- turing, Inc., Petitioner v. Alternative Pioneering Systems, Inc., dba American Harvest. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied. No. 96­1968. Mortimer L. Grant, Petitioner v. Commissioner of In- ternal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 96­1969. River Oaks Furniture, Inc., et al., Petitioners v. Harold S. Ansin, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 96­1970. Mukesh Shretta and Gold Rush, III, Inc., dba Club Taj Mahal, Petitioners v. City of Marietta, et al.; and No. 96­2035. Varsalona's Italian Restaurant, dba Boomer's, et al., Petitioners v. City of Marietta, et al. Petitions for writs of certiorari to the Supreme Court of Georgia denied. No. 96­1972. Richard T. Derthick, et al., Petitioners v. Bassett- Waslker, Inc., et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 96­1973. Friedrich Lu, Petitioner v. David F. Hadlock, et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 96­1974. Credicorp, Inc., et al., Petitioners v. Department of Banking and Finance of Florida. Petition for writ of certiorari to the Supreme Court of Florida denied. No. 96­1975. Ronald Coulter, et ux., et al., Petitioners v. Metropoli- tan Life Insurance Company; Douglas Smith, Petitioner v. Metropoli- tan Life Insurance Company; and Joseph Corriere, et ux., Petitioners v. Metropolitan Life Insurance Company. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 96­1976. Flor Maria Soto, Petitioner v. Carlos Flores, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 96­1977. Leonard Gene Lied, Petitioner v. United States; No. 96­9480. Maxwell Gene Wallace, Petitioner v. United States; No. 97­320. Ruben Gallegos, Petitioner v. United States; and No. 97­5688. Arturo Pena-Rodriguez, Petitioner v. United States. Petitions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied. JNL97$1006-08-29-99 19:19:15 JOURNAPGT MILES MONDAY, OCTOBER 6, 1997 21 No. 96­1978. Charlene C. Ramos, Petitioner v. William J. Nemetz, and Todd Frey. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 96­1979. Adrian Hennon, Petitioner v. Keith Cooper, Warden. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 96­1980. John L. Del Buono, Petitioner v. Patricia Reynolds Weigel, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 96­1981. Barbara Bell, Petitioner v. Planned Parenthood League of Massachusetts, Inc. Petition for writ of certiorari to the Supreme Judicial Court of Massachusetts denied. No. 96­1983. Keith O. Cobb, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 96­1984. Crow Tribe of Indians, Petitioner v. Montana, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 96­1985. William Snow Hume, Petitioner v. W. J. Wallis, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 96­1986. Samuel L. Naro, et ux., Petitioners v. Hamilton Town- ship, et al. Petition for writ of certiorari to the Superior Court of New Jersey, Appellate Division, denied. No. 96­1989. Louis E. Olivero & Associates, et al., Petitioners v. Western States Insurance Company, et al. Petition for writ of certio- rari to the Appellate Court of Illinois, Third District, denied. No. 96­1990. Alvin J. Sanders, Petitioner v. Fulton County Board of Education, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 96­1991. Eddie Linn Swaffar, Jr., Petitioner v. W. C. Swaffar, Executor of the Estate of Eddie Linn Swaffar, Sr., Deceased. Petition for writ of certiorari to the Supreme Court of Arkansas denied. No. 96­1992. Paul E. Rabin, et ux., Petitioners v. America's Favorite Chicken Company, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 96­1993. Douglas Nelson Carlisle, Petitioner v. Larry Robinett. Petition for writ of certiorari to the Court of Appeals of Texas, Second District, denied. JNL97$1006-08-29-99 19:19:15 JOURNAPGT MILES 22 MONDAY, OCTOBER 6, 1997 No. 96­1994. Garland Denty, Petitioner v. SmithKline Beecham Cor- poration. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 96­1995. David M. Cohen, Petitioner v. Egidio Tirabassi. Peti- tion for writ of certiorari to the Circuit Court of Maryland, Howard County, denied. No. 96­1996. S. Martin Gordon, Eric Ole Thorsen, and Joel J. Flick, Petitioners v. County of Rockland. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 96­1997. Henry Zimmer, Petitioner v. Dan Naumann, Parish Council Chairperson, et al. Petition for writ of certiorari to the Court of Appeals of Minnesota denied. No. 96­1998. Robert T. Tyrrel, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 96­1999. Sonja Indreland McLaughlin, Petitioner v. Washington State Bar Association, et al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 96­2000. MGM Grand Air, Inc., Petitioner v. Mark Miceli, et ux. Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied. No. 96­2001. Texas Pharmacy Association, et al., Petitioners v. Pru- dential Insurance Company of America. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 96­2003. Jeffrey J. Grenell, Petitioner v. N. Peter Conforti, et al. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 96­2004. Leslie Sundell, Petitioner v. Cisco System, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 96­2005. Texas, Petitioner v. Kerry Max Cook. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. No. 96­2006. Vincent v. Roggio, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 96­2007. Suellen Smith, Petitioner v. Gordon County, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. JNL97$1006-08-29-99 19:19:15 JOURNAPGT MILES MONDAY, OCTOBER 6, 1997 23 No. 96­2009. Mark Rocanova, Petitioner v. United States, et al. Peti- tion for writ of certiorari to the United States Court of Appeals for the Second Circuit denied. No. 96­2010. James Larry Rhymer, Petitioner v. Yokohama Tire Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 96­2011. Bud Riggins and Donald McVean, Petitioners v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 96­2012. Friedrich Lu, Petitioner v. Choate, Halls & Stewart et al. Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied. No. 96­2013. Bertha L. Pate, Petitioner v. Service Merchandise Co., Inc., et al. Petition for writ of certiorari to the Court of Appeals of Tennessee denied. No. 96­2014. Jackie K. Steele, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. No. 96­2015. Fidelity Technologies Corporation, Petitioner v. Lonnie B. Butler, et al. Petition for writ of certiorari to the Court of Appeal of Louisiana, Third Circuit, denied. No. 96­2016. Richard D. Donohoo, Craig R. Mathies, Cheryl C. Godbout-Bandal, and Bruce A Rasmussen, Petitioners v. Federal De- posit Insurance Corporation. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 96­2017. Snap-Drape, Inc., Petitioner v. Commissioner of Inter- nal Revenue. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 96­2019. Andrew Martin Kranyik, Petitioner v. City of West Melbourne, et al. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 96­2020. Clifford Leon Houston, Petitioner v. Conrad Finnell, et al. Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 96­2021. Dickie Bouye and William Bouye, Petitioners v. South Carolina. Petition for writ of certiorari to the Supreme Court of South Carolina denied. No. 96­2022. Emily Hudson, By and Through Her Parent, Sharon Hudson, Petitioner v. Bloomfield Hills Public Schools, et al. Petition for JNL97$1006-08-29-99 19:19:15 JOURNAPGT MILES 24 MONDAY, OCTOBER 6, 1997 writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied. No. 96­2023. Eileen O'Hara, Petitioner v. Bayliner, et al. Petition for writ of certiorari to the Court of Appeals of New York denied. No. 96­2024. Danny A. Moran, Petitioner v. Helen Marie Moran. Petition for writ of certiorari to the Court of Appeals of Arizona, Divi- sion One, denied. No. 96­2025. Willie Jefferson, Petitioner v. United States; No. 96­9447. Levine Justice Archer, Petitioner v. United States; No. 97­5730. Marlon McNealy, Petitioner v. United States; and No. 97­5754. Ralph E. Brazel, Jr., Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 96­2026. Marvin Dunn, Petitioner v. Miami Herald Publishing Company, etc., et al. Petition for writ of certiorari to the District Court of Appeal of Florida, Third District, denied. No. 96­2027. Charly International and APS Charly Holdings, Inc., Petitioners v. MCA Records, Inc. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 96­2028. Tu Ying Chen, Individually, and as Administratrix of the Estate of Shou Fong Chen, Petitioner v. Victor L. Schramm, Jr., et al. Petition for writ of certiorari to the Court of Appeals of Colorado denied. No. 96­2029. Burlington Northern and Santa Fe Railway Company, fka Burlington Northern Railroad Company, Petitioner v. Kenneth E. Byrd. Petition for writ of certiorari to the Court of Appeals of Mis- souri, Eastern District, denied. No. 96­2030. John F. Guido, et al., Petitioners v. Joseph A. Cuvo, III, et al. Petition for writ of certiorari to the Commonwealth Court of Pennsylvania denied. No. 96­2031. City of New Orleans, Petitioner v. Department of Labor. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 96­2032. Robert C. Schlotz, et ux., Petitioners v. Hyundai Motor Company, et al. Petition for writ of certiorari to the Court of Appeals of Minnesota denied. No. 96­2033. Randall Thomas McArty, Petitioner v. Larry Norris, Director, Arkansas Department of Correction. Petition for writ of cer- JNL97$1006-08-29-99 19:19:15 JOURNAPGT MILES MONDAY, OCTOBER 6, 1997 25 tiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 96­2034. SFIC Properties, Inc., Petitioner v. International Asso- ciation of Machinists and Aerospace Workers, District Lodge 94, Local Lodge 311, aka IAMAWD. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 96­2036. William Winston Waugh, Petitioner v. Internal Reve- nue Service. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 96­2037. Leslie Schaffer, et ux., Petitioners v. AgriBank, FCB, et al. Petition for writ of certiorari to the Court of Appeals of Minne- sota denied. No. 96­2038. Philip Mark Sutton, Petitioner v. United States; No. 96­2043. Fernando Novoa, Petitioner v. United States; No. 96­2049. Billie Mac Jobe, Petitioner v. United States; and No. 96­2050. Stanley Pruet Jobe, Petitioner v. United States. Peti- tions for writs of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 96­2039. Benjamin Campfield, Petitioner v. Connecticut. Peti- tion for writ of certiorari to the Appellate Court of Connecticut denied. No. 96­2040. KCAL-TV Channel 9, Petitioner v. Los Angeles News Service. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 96­2042. William L. Gray, Petitioner v. Idaho. Petition for writ of certiorari to the Court of Appeals of Idaho denied. No. 96­2047. John D. Copanos, Petitioner v. Food and Drug Adminis- tration and United States. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. No. 96­2048. Sami Fayez S. Aburahmah, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied. No. 96­2051. Healthpartners of Southern Arizona, dba Partners Health Plan of Arizona, Inc., Petitioner v. Joy Atkins. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Cir- cuit denied. No. 96­2052. Rosa Becerra, Individually and as Next Friend of Juan Doe, a Minor, Petitioner v. Houston Independent School District, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. JNL97$1006-08-29-99 19:19:15 JOURNAPGT MILES 26 MONDAY, OCTOBER 6, 1997 No. 96­2053. Ellen F. Cooke, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. No. 96­2055. Jack C. Harvard, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 96­8088. Tina Arlene Gately, Petitioner v. Pennsylvania. Peti- tion for writ of certiorari to the Superior Court of Pennsylvania, Pitts- burgh Office, denied. No. 96­8311. Charles Alan Ginn, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 96­8312. Alexander Faulkner, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 96­8368. Roosevelt Pollard, Petitioner v. Jim Edgar, Governor of Illinois, et al. Petition for writ of certiorari to the Supreme Court of Illinois denied. No. 96­8379. Kamathene Adonia Cooper, Petitioner v. P. Douglas Taylor, Warden, et al. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 96­8436. Gary Adkins, Petitioner v. United States. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. No. 96­8470. A Female Juvenile, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied. No. 96­8478. Reed Raymond Prior, Petitioner v. United States. Peti- tion for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied. No. 96­8489. James Edward Thomas, Petitioner v. North Carolina. Petition for writ of certiorari to the Supreme Court of North Caro- lina denied. No. 96­8501. Joao Albano Santos, Petitioner v. Immigration and Naturalization Service. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied. No. 96­8548. Tony Lee Walker, Petitioner v. Texas. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied. JNL97$1006-08-29-99 19:19:15 JOURNAPGT MILES MONDAY, OCTOBER 6, 1997 27 No. 96­8569. Jesse Gutierrez-Tavares, Petitioner v. Immigration and Naturalization