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ORDER LIST MONDAY, NOVEMBER 9, 1992 APPEAL -- SUMMARY DISPOSITION 92-478 AZ HISPANIC COM. FORUM V. SYMINGTON, GOV. OF AZ, ET AL The judgment is affirmed. Justice Stevens would note probable jurisdiction and set the case for oral argument. Justice O'Connor took no part in the consideration or decision of this case. CERTIORARI -- SUMMARY DISPOSITION 92-86 SIVLEY, WARDEN, ET AL. V. SOLER, CARLOS The petition for a writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Ninth Circuit with directions to dismiss. United States v. Munsingwear, Inc., 340 U. S. 36 (1950). 92-485 O'KEEFE, ACTING SEC. OF NAVY V. SPECTER, ARLEN, ET AL. The petition for a writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Third Circuit for further consideration in light of Franklin v. Massachusetts, 505 U. S. (1992). ORDERS IN PENDING CASES D-1152 IN THE MATTER OF DISBARMENT OF LARRY BURTON BACH It having been reported to the Court that Larry Burton Bach, of Dallas, Texas, has been disbarred from the practice of law by the Supreme Court of Texas and this Court by order of September 4, 1992, having suspended the said Larry Burton Bach from the practice of law in this Court and directed that a rule issue requiring him to show cause why he should not be disbarred; And it appearing that the said rule was duly issued; It is ordered that the said Larry Burton Bach be disbarred from the practice of law in this Court and that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. D-1154 IN THE MATTER OF DISBARMENT OF OSCAR BUREN LADNER It having been reported to the Court that Oscar Buren Ladner, of Gulfport, Mississippi, has resigned from the practice of law before the Supreme Court of Mississippi and this Court by order of September 4, 1992, having suspended the said Oscar Buren Ladner from the practice of law in this Court and directed that a rule issue requiring him to show cause why he should not be disbarred; And it appearing that the said rule was duly issued and served upon the respondent and that the time to file a response has expired; It is ordered that the said Oscar Buren Ladner be disbarred from the practice of law in this Court and that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. D-1156 IN THE MATTER OF DISBARMENT OF JUAN PAUL ROBERTSON It having been reported to the Court that Juan Paul Robertson, of Beverly Hills, California, has resigned from the practice of law before the Supreme Court of California and this Court by order of September 4, 1992, having suspended the said Juan Paul Robertson from the practice of law in this Court and directed that a rule issue requiring him to show cause why he should not be disbarred; And it appearing that the said rule was duly issued; It is ordered that the said Juan Paul Robertson be disbarred from the practice of law in this Court and that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. D-1162 IN THE MATTER OF DISBARMENT OF T. JAY SALMEN It having been reported to the Court that T. Jay Salmen, of St. Paul, Minnesota, has been suspended from the practice of law by the Supreme Court of Minnesota and this Court by order of September 4, 1992, having suspended the said T. Jay Salmen from the practice of law in this Court and directed that a rule issue requiring him to show cause why he should not be disbarred; And it appearing that the said rule was duly issued and served upon the respondent and that the time to file a response has expired; It is ordered that the said T. Jay Salmen be disbarred from the practice of law in this Court and that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. D-1164 IN THE MATTER OF DISBARMENT OF PHILLIP FRASCINELLA It having been reported to the Court that Phillip Frascinella, of Santa Monica, California, has been disbarred from the practice of law by the Supreme Court of California and this Court by order of September 4, 1992, having suspended the said Phillip Frascinella from the practice of law in this Court and directed that a rule issue requiring him to show cause why he should not be disbarred; And it appearing that the said rule was duly issued; It is ordered that the said Phillip Frascinella be disbarred from the practice of law in this Court and that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. D-1201 IN THE MATTER OF DISBARMENT OF REGINALD L. NORRIS It is ordered that Reginald L. Norris, of Grand Rapids, Michigan, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. D-1202 IN THE MATTER OF DISBARMENT OF LEONARD LEIGHTON It is ordered that Leonard Leighton, of San Antonio, Texas, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. D-1203 IN THE MATTER OF DISBARMENT OF DON MICHAEL BAUCUM It is ordered that Don Michael Baucum, of San Antonio, Texas, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. D-1204 IN THE MATTER OF DISBARMENT OF FRANKLIN R. SEARS It is ordered that Franklin R. Sears, of Fort Worth, Texas, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. D-1205 IN THE MATTER OF DISBARMENT OF HUBERT PHIL ISAACKS It is ordered that Hubert Phil Isaacks, of Odessa, Texas, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. 111 ORIG. DELAWARE V. NEW YORK, ET AL. The motions for additional time for oral argument and for divided argument are granted in part and denied in part. An additional ten minutes are allotted for oral argument. The time for oral argument is divided as follows: twenty minutes for Delaware; twenty minutes for New York; and thirty minutes for one attorney in support of the Report of the Special Master. 91-10 SPECTRUM SPORTS, INC., ET AL V. McQUILLAN, SHIRLEY The motion of respondents for leave to file a supplemental joint appendix is granted. 91-719 PARKE, WARDEN V. RALEY, RICKY The motion of Criminal Justice Legal Foundation for leave to file a brief as amicus curiae is granted. 91-5397 NEGONSOTT, EMERY V. SAMUELS, WARDEN, ET AL. The motion of Iowa Tribe of Kansas and Nebraska, et al. for leave to file a brief as amici curiae is granted. The motion of the Solicitor General to permit William K. Kelley, Esquire, to present oral argument pro hac vice is granted. 91-8428 IN RE SYLVESTER JONES 92-5105 JONES, SYLVESTER V. WRIGHT, JUDGE, USDC, ET AL. 92-5407 MARTIN, JAMES L. V. SMITH, ET AL. The motions of petitioners for reconsideration of orders denying leave to proceed in forma pauperis are denied. 92-190 UNITED STATES V. IDAHO, ETC. The motion of the Solicitor General to dispense with printing the joint appendix is granted. 92-443 ELFELT, JAMES M., ET AL. V. COOPER, ALBINA The Solicitor General is invited to file a brief in this case expressing the views of the United States. 92-5988 ANDERSON, JOHN A. V. WISCONSIN DEPT. OF REVENUE The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until November 30, 1992, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Blackmun and Justice Stevens, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U. S. 928 (1983), we would deny the petition for a writ of certiorari without reaching the merits of the motion to proceed in forma pauperis. CERTIORARI GRANTED 92-259 OK TAX COMMN. V. SAC & FOX NATION 92-621 RAKE, DONALD, ET AL. V. WADE, WILLIAM J. The petitions for writs of certiorari are granted. 91-8685 STINSON, TERRY L. V. UNITED STATES The motion of petitioner for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is granted, limited to the following question: "Whether a court's failure to follow Sentencing Guidelines commentary that gives specific direction that the offense of unlawful possession of a firearm by a felon is not a crime of violence under USSG Section 4B1.1, see USSG Section 4B1.2 comment. (n.2), constitutes an 'incorrect application of the sentencing guidelines' under 18 U.S.C. Section 3742(f)(1)." CERTIORARI DENIED 91-1842 McCRORY, CHARLES, ET AL. V. RESOLUTION TRUST CORPORATION 91-2044 LEE, DENNIS M. V. CALIFORNIA 91-8031 LEAVITT, RICHARD A. V. IDAHO 91-8136 COCHRAN, JEFFREY V. UNITED STATES 91-8292 MONTGOMERY, WALTER V. GREER, WARDEN 92-137 RIDGECREST POLICE, ET AL. V. CURNOW, KENNETH C., ET AL. 92-224 BASSETT, LUELLA, ET AL. V. UNITED STATES 92-315 PERALES, CESAR A., ETC. V. NY CITY HEALTH, ETC., ET AL. 92-329 HEILPRIN, RICHARD A. V. WISCONSIN BD. ATTY'S., ETC. 92-333 ) DETROIT AUTO DEALERS, ET AL. V. FTC ) 92-510 ) FTC V. DETROIT AUTO DEALERS, ET AL. 92-359 ) KEENE CORP. V. ADAMS, LEONARD, ET AL. ) 92-360 ) OWENS-ILLINOIS, INC. V. BOLYARD, LINCOLN, ET AL. 92-371 4408 HILLSIDE CT., ET AL. V. UNITED STATES 92-393 FRAIRE, MARIA, ETC., ET AL. V. ARLINGTON, TEXAS, ET AL. 92-399 LINDO & MADURO, S.A., ET AL. V. UNITED STATES 92-407 MURPHY, REXFORD, ET AL. V. SULLIVAN, SEC. OF H&HS 92-453 MAZUR, ANTHONY, ET AL. V. MERCK & CO., INC. 92-465 LINDAMAN, DOUGLAS K. V. IOWA 92-468 PERRY, D.C. V. EASTMAN KODAK COMPANY 92-469 LOAGUE, CHARLES V. SUPER SAGLESS CORPORATION 92-471 MALONE SERVICE CO., ET AL. V. TEXAS 92-474 SHARP, CAREY F., ET AL. V. UNITED AIRLINES, ET AL. 92-481 WILLIAMS, BILLY F. V. EAGLE-PICHER INDUSTRIES 92-483 ASAM, JULIA V. TUSCALOOSA, ET AL. 92-488 SEEFELD, SANDRA V. OLSEN, CLAIRE, ET AL. 92-489 SAKARIA, ELPIS V. ALLSTATE LIFE INS., ET AL. 92-490 ARIZONA V. PETERSON, FLOYD O. 92-493 LIPWORTH, MARGARET, ETC. V. KAWASAKI MOTORS CORP, ET AL. 92-497 BABCOCK & WILCOX CO. V. INTL. INSURANCE CO., ET AL. 92-498 MERLING, BERNARD W. V. TRAVELERS INDEMNITY, ET AL. 92-499 SAC & FOX NATION V. OK TAX COMMN. 92-500 HENDRICKSON, STEVEN M. V. SANTA ANA, ET AL. 92-502 WAHRMAN, RAYMOND, ETC. V. WAHRMAN, JOHN, ET AL. 92-504 ANDERSEN, LEIF, ETC. V. SKY CRUISES, LTD., INC. 92-513 BAGGS, RALPH, ET AL. V. EAGLE-PICHER INDUSTRIES 92-514 ST. TAMMANY PARISH, ETC. V. INSBROK, ET AL. 92-520 BREMNER, ADAM C., ET AL. V. CHARLES, ELLEN, ET AL. 92-534 LUNDBERG, WALTER C. V. OREGON 92-537 GREAT LAKES DREDGE, ET AL. V. LINTON, DONALD, ET UX. 92-564 BOERER, BONNIE V. ZAKEN, RONNA 92-573 WADE, GEORGE, ET UX. V. IN SUPERIOR CT. DISC. COMMN. 92-598 ADAMSON, BRUCE CAMPBELL V. RUNYON, POSTMASTER GEN. 92-617 URWYLER, ROBERT J. V. CIR 92-624 PHELPS, COY V. RISON, WARDEN, ET AL. 92-630 ZAPATA, ANTONIO V. UNITED STATES 92-5288 OLIVER, CURTIS C. V. UNITED STATES 92-5295 FLORES, JUAN H. V. UNITED STATES 92-5474 HARLEY, HARVEY R. V. KEOHANE, WARDEN 92-5489 WARDLOW, JOHN RAY V. UNITED STATES 92-5503 BAUER, RICHARD JOSEPH V. UNITED STATES 92-5520 SCHMIDT, DARLENE V. PETERSON, COMMR., IRS 92-5539 GARCIA, ROBERT V. UNITED STATES 92-5545 BANKS, OSMOND V. UNITED STATES 92-5548 SHOUPE, BART ELLIS V. UNITED STATES 92-5560 NEWMAN, STEVEN R. V. UNITED STATES 92-5592 VILLEGAS, EDWARD V. UNITED STATES 92-5615 MAXWELL, ANDREW V. ILLINOIS 92-5640 FASSLER, LAWRENCE A. V. US PAROLE COMM., ET AL. 92-5677 MINEFIELD, JAMES C. V. UNITED STATES 92-5712 MILLS, ALBERT E., ET AL. V. UNITED STATES 92-5866 CONDE, ROBERT V. UNITED STATES 92-5870 JONES, LAWRENCE R. V. MURRAY, DIR., DOC, ET AL. 92-5879 BROWN, SIDNEY V. BORGERT, WARDEN 92-5886 GESCHWENDT, GEORGE V. RYAN, SUPT., ET AL. 92-5888 MANNING, RICHARD A. V. UNITED STATES 92-5902 ELLIS, MARSHALL V. OKLAHOMA 92-5903 MEDLEY, CHARLES V. THOMAS, WARDEN 92-5906 ELKIN, MICHAEL V. FAUVER, WILLIAM, ET AL. 92-5909 YOUNG, DALE V. NEBRASKA 92-5927 GROFF, ELSWORTH L. V. QUINN, VINCENT J., ET AL. 92-5928 JOHNSON, DANIEL V. HALE, SELDON, ET AL. 92-5941 ORTIZ, IGNACIO A. V. ARIZONA 92-5943 ROBY, ISAAC V. SKUPIEN, GEORGE 92-5947 MERCHAN, HUSSEIN A. V. UNITED STATES 92-5948 BAGLEY, H. M. V. OKLAHOMA 92-5951 DIX, MATTHEW V. PENNSYLVANIA, ET AL. 92-5962 JOHNSON, JULIE A. V. SPELLING-GOLDBERG PROD. 92-5985 LEE, RODNEY K. V. UNITED STATES 92-5989 CUOZZO, ALPHONSE V. UNITED STATES 92-5999 BLAIR, WINSTON R. V. LOCKHART, DIR., AR DOC 92-6006 JONES, RONALD L. V. UNITED STATES 92-6009 HAYS, HENRY F. V. ALABAMA 92-6019 FARLEY, JAMES E. V. LOVE, WARDEN, ET AL. 92-6029 POORMAN, RICHARD V. O'DEA, WARDEN 92-6039 NELSON, DAVID V. UNITED STATES 92-6041 RANKEL, ROBERT V. TRACY, LAWRENCE, ET AL. 92-6043 RHODES, MANDELL V. COLLINS, DIR., TX DCJ 92-6045 FULCHER, WAYNE V. UNITED STATES 92-6047 HUNT, STACIE B. V. THOMPSON, MALCOLM, ET AL. 92-6059 SNELL, BRENDA V. UNITED STATES 92-6063 CORREA, JOSE M. V. UNITED STATES 92-6065 FASSLER, LAWRENCE V. UNITED STATES 92-6074 JAVINO, DALE R. V. UNITED STATES 92-6079 GALLAGHER, RUSSELL K., ET UX V. SEC 92-6100 BLACK, FORREST S. V. UNITED STATES 92-6101 BETANCOURT, AUGUSTO S. V. UNITED STATES 92-6104 REGINO-DELGADO, ARMANDO V. UNITED STATES 92-6110 JORDAN, KIMBERLY A., ET AL. V. UNITED STATES 92-6112 ROMERO, CRICIENTE V. UNITED STATES 92-6113 PRICE, WALTER J. V. UNITED STATES 92-6114 McILROY, ENOCH V. UNITED STATES 92-6122 WHITE, HENRY V. UNITED STATES 92-6123 CARTER, DARRYL V. UNITED STATES 92-6124 FORERO, LEONARDO A. V. UNITED STATES 92-6127 HENDERSON, RAYMOND R. V. UNITED STATES 92-6131 DONAHUE, JOSEPH V. UNITED STATES 92-6134 SHEROD, CHRISTOPHER V. UNITED STATES 92-6143 LUCUMI, DAVID V. UNITED STATES 92-6146 BLEVINS, WILLIAM V. UNITED STATES 92-6147 HARRIS, STANLEY V. UNITED STATES 92-6149 COOPER, JAMES O. V. UNITED STATES 92-6150 JOHNSON, EVONNA V. V. UNITED STATES 92-6151 SENTIBANEZ, RUBEN V. UNITED STATES 92-6163 HALL, TRACEY A. V. UNITED STATES 92-6174 MUNGUIA, MIGUEL V. UNITED STATES 92-6181 TEMPLEMAN, CHUCK V. UNITED STATES 92-6184 HALL, ANDREW L. V. UNITED STATES 92-6185 JOHNSON, JOHN P. V. UNITED STATES 92-6215 MATIAS, ANITA J. V. HAWAII The petitions for writs of certiorari are denied. 91-1283 GREENBERG, EXECUTOR V. H & H MUSIC CO., ET AL. The petition for a writ of certiorari is denied. Justice Blackmun and Justice O'Connor would grant certiorari. 91-1877 ) PACHECO, PHILLIP, ET AL. V. DeFOOR, YVONNE E., ET AL. ) 91-1922 ) DeFOOR, YVONNE E., ET AL. V. COLORADO, ET AL. The motion of Colorado Intergovernmental Risk Sharing Agency for leave to file a brief as amicus curiae in No. 91-1922 is granted. The petitions for writs of certiorari are denied. 92-264 ) ARCADIA, ET AL. V. OHIO POWER CO., ET AL. ) 92-280 ) FERC V. OHIO POWER CO., ET AL. The motion of National Association of State Utility Consumers Advocate, et al. for leave to file a brief as amici curiae is granted. The petitions for writs of certiorari are denied. Justice Blackmun would grant certiorari. 92-506 CHEVRON TRANSPORT, ET AL. V. GREAT LAKES DREDGE & DOCK 92-5524 LOPEZ-GIL, JESUS M. V. UNITED STATES The petitions for writs of certiorari are denied. Justice White would grant certiorari. 92-523 HEIM, ARTHUR V. REHNQUIST, CHIEF JUSTICE The petition for a writ of certiorari is denied. The Chief Justice and Justice Blackmun took no part in the consideration or decision of this petition. 92-635 WALSH, LAWRENCE V. BOARD OF ADMIN. OF PUB. EMP. The petition for a writ of certiorari is denied. Justice Kennedy took no part in the consideration or decision of this petition. MANDAMUS DENIED 92-548 IN RE KIRK WHITCOMBE The petition for a writ of mandamus is denied. REHEARINGS DENIED 91-7237 McFADDEN, CRAWLEY D. V. DERWINSKI, SECRETARY OF VA 91-8106 HAGMANN, ROBERT F. V. UNITED STATES 91-8330 McLEAN, KENNETH V. COMMONWEALTH CT. OF PA 91-8445 BACIGALUPO, MIGUEL A. V. CALIFORNIA 91-8473 PRENZLER, LYLE V. KLEINMAN, CONRAD J. 91-8481 PRENZLER, LYLE H. V. KLEINMAN, CONRAD J. 92-140 GREENMAN, DONALD, ET UX. V. CITY OF CORTLAND 92-5464 RAYMOND, CARLOS A. V. DEPT. OF VETERANS AFFAIRS 92-5629 IN RE DONALD E. JOHNSON The petitions for rehearing are denied. RECESS ORDER The Court will take a recess from Monday, November 16, 1992 until Monday, November 30, 1992. MOTIONS FOR ADMISSION The written motions for admission of the following lawyers to the Bar of this Court are granted: