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All Reporters → l-ed-2d → Volume 85
Opinions in l-ed-2d Volume 85
471 U.S. 1 (1985)
TENNESSEE
v.
GARNER ET AL.
No. 83-1035.
Supreme Court of United States.
Argued October 30, 1984
Decided March 27, 1985[*]
APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT
*2 Henry L. Klein argued the cause for petitioners in No. 83-1070. With him on the briefs were Clifford D. Pierce, Jr., Charles V. Holmes, and Paul F. Goodman. W. J. Michael Cody, ...
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delivered the opinion of the Court.
This case presents the question whether a municipality’s anticompetitive activities are protected by the state action exemption to the federal antitrust laws established by
Parker
v.
Brown,
317 U. S. 341 (1943), when the activities are authorized, but not compelled, by the State, and the State does not actively supervise the anticom...
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471 U.S. 48 (1985)
SOUTHERN MOTOR CARRIERS RATE CONFERENCE, INC., ET AL.
v.
UNITED STATES.
No. 82-1922.
Supreme Court of United States.
Argued November 26, 1984
Decided March 27, 1985
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT
*49 Allen I. Hirsch argued the cause for petitioners. With him on the brief for petitioner Southern Motor Carriers Rate Conference, Inc., was...
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471 U.S. 81 (1985)
CORY ET AL.
v.
WESTERN OIL & GAS ASSN. ET AL.
No. 84-16.
Supreme Court of United States.
Argued February 26, 1985
Decided March 27, 1985
APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Dennis M. Eagan, Deputy Attorney General of California, argued the cause for appellants. With him on the briefs were John K. Van de Kamp, Attorney General, and N. Gregory...
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471 U.S. 82 (1985)
SPENCER ET UX.
v.
SOUTH CAROLINA TAX COMMISSION ET AL.
No. 84-249.
Supreme Court of United States.
Argued February 27, 1985
Decided March 27, 1985
CERTIORARI TO THE SUPREME COURT OF SOUTH CAROLINA
Henry L. Parr, Jr., argued the cause for petitioners. With him on the briefs were Eric B. Amstutz and Frank S. Holleman III.
Ray N. Stevens, Senior Assistant Attorney General of South...
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The judgment is affirmed by an equally divided Court. Justice Powell took no part in the decision of this case....
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471 U.S. 83 (1985)
BOARD OF TRUSTEES OF THE VILLAGE OF SCARSDALE ET AL.
v.
McCREARY ET AL.
No. 84-277.
Supreme Court of United States.
Argued February 20, 1985
Decided March 27, 1985
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
Marvin E. Frankel argued the cause for petitioners. With him on the briefs was Marc D. Stern.
Marvin Schwartz argued the cause for respondents a...
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delivered the opinion of the Court.
The primary question presented by this appeal is whether the Constitution prevents Congress from providing that holders of unpatented mining claims who fail to comply with the annual filing requirements of the Federal Land Policy and Management Act of 1976 (FLPMA), 43 U. S. C. § 1744, shall forfeit their claims.
I
From the enactment of the general mining laws in...
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delivered the opinion of the Court. The issue presented is whether the Fifth Amendment’s grand jury guarantee 1 is violated when a defendant is tried under an indictment that alleges a certain fraudulent scheme but is convicted based on trial proof that supports only a significantly narrower and more limited, though included, fraudulent scheme. A grand jury in the Northern District of Calif...
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471 U.S. 146 (1985)
OKLAHOMA
v.
CASTLEBERRY ET AL.
No. 83-2126.
Supreme Court of United States.
Argued March 20, 1985
Decided April 1, 1985
CERTIORARI TO THE COURT OF CRIMINAL APPEALS OF OKLAHOMA
David W. Lee, Assistant Attorney General of Oklahoma, argued the cause for petitioner. With him on the briefs were Michael C. Turpen, Attorney General, and Hugh A. Manning, Assistant Attorney General.
Ch...
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Page 113
471 U.S. 147 (1985)
RAMIREZ
v.
INDIANA
No. 84-5059.
Supreme Court of United States.
Argued March 19, 1985
Decided April 1, 1985
CERTIORARI TO THE COURT OF APPEALS OF INDIANA
Kenneth F. Ripple, by appointment of the Court, 469 U. S. 1015, argued the cause for petitioner. With him on the briefs were David T. Link, Douglas W. Kenyon, Mollie A. Murphy, and Richard S. Myers.
William E. Daily, Deputy A...
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Respondents, students of the California School for the Blind, brought this lawsuit in Federal District Court against petitioner state officials, claiming among other things that the school’s physical plant did not meet applicable seismic safety standards. Their complaint alleged rights of action under the Education for All Handicapped Children Act of 1975, 89 Stat. 773, 20 U. S. C. §§ 1232, 1401, ...
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Page 119
The Report of the Special Master is received and ordered filed. The Report is adopted. DECREE It Is Ordered, Adjudged and Decreed that: 1. The boundary line between the State of Ohio and the Commonwealth of Kentucky is fixed as geodetically described in Joint Exhibit 30 to the Special Master’s Report filed with this Court on April 15, 1985. Joint Exhibit 30 is incorporated by reference here...
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The Court is advised that the respondent died in Ingham County, Mich., on December 7, 1984. The Court’s order granting the writ of certiorari, see 469 U. S. 1033 (1984), therefore is vacated, and the petition for certiorari is dismissed. See Warden v. Palermo, 431 U. S. 911 (1977). It is so ordered. Justice Powell took no part in the decision of this case....
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Affirmed on appeal from D. C. M. D. Ga. Justice Blackmun and Justice Stevens would note probable jurisdiction and set case for oral argument....
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Page 125
470 U.S. 1067
105 S.Ct. 1824
85 L.Ed.2d 125
Florence TALAMINI, Administratrix of Estate of John A. Talaminiv.ALLSTATE INSURANCE COMPANY
No. 84-18
Supreme Court of the United States
March 25, 1985
The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.
Ju...
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I agree that we should dismiss this appeal for want of a substantial federal question, but I would go beyond that. This effort to invoke the Court’s jurisdiction on an utterly frivolous claim should subject the attorney who filed the jurisdictional statement to the sanction of Rule 49.2 of this Court.
Appellant Owen W. Crumpacker, formerly a licensed attorney in a Hammond, Indiana, law fir...
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Appeal from Ct. App. La., 2d Cir., dismissed for want of substantial federal q.. -¡stion....
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Appeal from Sup. Ct. Fla. Judgment vacated and case remanded for further consideration in light of Dean Witter Reynolds Inc. v. Byrd, ante, p. 213. Justice Stevens would note probable jurisdiction and set case for oral argument....
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Page 132
Appeal from Dist. Ct. App. Fla., 3d Dist. dismissed for want of substantial federal question....
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Appeal from Ct. App. Tex., 14th Sup. Jud. Dist., dismissed for want of jurisdiction....
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C. A. Fed. Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Lindahl v. Office of Personnel Management, ante, p. 768....
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Page 135
C. A. 11th Cir. Motion of petitioner for leave to proceed informa pauperis and certiorari granted. Judgment vacated and case remanded for further consideration in light of Ake v. Oklahoma, ante, p. 68....
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C. A. Fed. Cir. Motion of petitioner for leave to proceed informa pauperis and certiorari granted. Judgment vacated and case remanded for further consideration in light of *1079Lindahl v. Office of Personnel Management, ante, p. 768....
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C. A. Fed. Cir. Motion of petitioner for leave to proceed informa pauperis and certiorari granted. Judgment vacated and case remanded for further consideration in light of Lindahl v. Office of Personnel Management, ante, p. 768....
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C. A. Fed. Cir. Motion of petitioner for leave to proceed in forma pauperis and certiorari granted. Judgment vacated and case remanded for further consideration in light of Lindahl v. Office of Personnel Management, ante, p. 768....
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Page 136
Dist. Ct. App. Fla., 4th Dist. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Florida v. Rodriguez, 469 U. S. 1 (1984)....
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Disbarment entered. [For earlier order herein, see 469 U. S. 808.]...
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Disbarment entered. [For earlier order herein, see 469 U. S. 978.]...
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Disbarment entered. [For earlier order herein, see 469 U. S. 1088.]...
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Disbarment entered. [For earlier order herein, see 469 U. S. 808.]...
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Disbarment entered. [For earlier order herein, see 469 U. S. 1102.]...
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C. A. 8th Cir. Application to recall and stay pending timely filing of a petition for writ of certiorari, addressed to Justice White and referred to the Court, denied....
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Page 137
Motion to direct the Clerk to file a petition for writ of certiorari without the affidavit of indigency executed by petitioner denied....
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It is ordered that James Edward Wollrab, of St. Louis, Mo., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court....
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It is ordered that Leonard Adolph Delk, of San Diego, Cal., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court....
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It is ordered that Alex Gerhart Logan III, of Tustin, Cal., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court....
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It is ordered that Irving Tabman, of Island Park, N. Y., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court....
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C. A. 9th Cir. [Certiorari granted, 469 U. S. 815]; and...
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Page 138
C. A. 7th Cir. [Certiorari granted, 469 U. S. 814];...
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Page 139
Sup. Jud. Ct. Me. [Cer-tiorari granted, 469 U. S. 1206.] Motion for appointment of counsel granted, and it is ordered that Anthony Whitcomb Beardsley, Esquire, of Ellsworth, Me., be appointed to serve as counsel for respondent in this case....
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Page 139
C. A. 3d Cir. [Certiorari granted, 469 U. S. 1207.] Motion of the parties to dispense with printing the joint appendix granted....
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C. A. 7th Cir. [Certiorari granted, 469 U. S. 1206.] Motion of the Solicitor General to permit Christopher J. Wright, Esquire, to present oral argument pro hac vice granted....
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C. A. 9th Cir. [Certiorari granted, 469 U. S. 816.] Cases restored to calendar for reargument....
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C. A. 7th Cir. [Certiorari granted, 469 U. S. 1157.] Motion of petitioners to dispense with printing the joint appendix granted....
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Page 140
C. A. 6th Cir. [Certiorari granted, ante, p. 1003.] Motion for appointment of counsel granted, and it is ordered that Mary Gail Robinson, of Frankfort, Ky., be appointed to serve as counsel for petitioner in this case....
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Page 140
Appeal from D. C. S. D. Ind. Motion of appellees to strike the brief of Members of the California Democratic Congressional Delegation as amicus curiae denied. Probable jurisdiction noted....
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C. A. 6th Cir. Certiorari granted....
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C. A. 6th Cir. Certiorari granted....
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Ct. App. Ore. Certiorari denied....
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C. A. 4th Cir. Certiorari denied....
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C. A. 6th Cir. Certiorari denied....
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Page 143
Ct. App. Tex., 11th. Sup. Jud. Dist. Certiorari denied....
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C. A. 9th Cir. Certiorari denied....
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C. A. 9th Cir. Certiorari denied....
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C. A. 5th Cir. Certiorari denied....
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C. A. 11th Cir. Certiorari denied....
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C. A. 5th Cir. Certiorari denied....
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C. A. 4th Cir. Certiorari denied....
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C. A. 6th Cir. Certiorari denied....
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Page 148
App. Div., Sup. Ct. N. Y., 4th Jud. Dept. Certiorari denied....
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C. A. 6th Cir. Certiorari denied....
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C. A. 11th Cir. Certiorari denied....
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Ct. App. Cal., 5th App. Dist. Certiorari denied....
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C. A. 11th Cir. Motion of respondent for leave to proceed informa pauperis granted. Certiorari denied....
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C. A. 9th Cir. Motion of National Right to Work Legal Defense Foundation for leave to file a brief as amicus curiae granted. Certiorari denied....
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C. A. 2d Cir. Certiorari denied. Justice Marshall took no part in the consideration or decision of this petition.*...
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Sup. Ct. Ga.; C. A. 11th Cir.; Sup. Ct. Fla.; C. A. 4th Cir.; and Sup. Ct. La. Certio-rari denied....
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Sup. Ct. Ill. Certiorari denied. Certiorari denied. Justice Brennan and Justice Marshall would grant certiorari....
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469 U. S. 1100; 469 U. S. 1230; and 469 U. S. 1221. Petitions for rehearing denied....
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C. A. 9th Cir. The Solicitor General is invited to file a brief in this case expressing the. views of the United States....
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C. A. 5th Cir. [Certiorari granted, 469 U. S. 1016.] Case restored to calendar for re-argument. Justice Powell took no part in the consideration or decision of this order....
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Motion of plaintiff to expedite consideration of motion for leave to file bill of complaint denied....
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C. A. 3d Cir. Certiorari granted limited to Questions 1 and 2 presented by the petition....
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C. A. 8th Cir. Certiorari denied....
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C. A. 9th Cir. Certiorari denied....
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C. A. 9th Cir. Certiorari denied....
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471 U.S. 159 (1985)
CENTRAL INTELLIGENCE AGENCY ET AL.
v.
SIMS ET AL.
No. 83-1075.
Supreme Court of United States.
Argued December 4, 1984
Decided April 16, 1985[*]
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT
*161 Acting Assistant Attorney General Willard argued the cause for petitioners in No. 83-1075 and respondents in No. 83-1249. With him on the brief...
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delivered the opinion of the Court. We granted certiorari to decide whether the Navajo Tribe of Indians may tax business activities conducted on its land without first obtaining the approval of the Secretary of the Interior. I In 1978, the Navajo Tribal Council, the governing body of the Navajo Tribe of Indians, enacted two ordinances impos *197 ing taxes known as the Possessory Interest ...
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delivered the opinion of the Court.
The Wisconsin courts have made the bad-faith handling of an insurance claim a tort under state law. Those courts have gone further and have applied this tort to the handling of a claim under a disability plan included in a collective-bargaining agreement. The question before us is whether, in the latter case, the state tort claim is pre-empted by the nat...
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delivered the opinion of the Court. We are required in this case to decide the constitutionality of Art. VIII, §182, of the Alabama Constitution of 1901, which provides for. the disenfranchisement of persons convicted of, among other offenses, “any crime . . . involving moral turpitude.” * Appellees Carmen Edwards, a black, *224 and Victor Underwood, a white, have been blocked from the vote...
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delivered the opinion of the Court. The Civil Rights Attorney’s Fees Awards Act of 1976, 90 Stat. 2641, 42 U. S. C. § 1988, authorizes a court to award a reasonable attorney’s fee to the prevailing party in “any action or proceeding” to enforce certain statutes, including *23642 U. S. C. § 1983.1 Petitioner was represented by counsel in local administrative proceedings and in a subsequent § 1983 a...
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Page 254
delivered the opinion of the Court.
In this case we must determine the most appropriate state statute of limitations to apply to claims enforceable under § 1 of the Civil Rights Act of 1871,1 which is codified in its present form as 42 U. S. C. § 1983.
*263On January 28, 1982, respondent brought this § 1983 action in the United States District Court for the District of New Mexico seeking “money da...
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On April 21,1981, respondent commenced this action alleging, in part, that the petitioner School District discriminated *289 against her on the basis of sex in failing to promote her to an administrative position. She sought equitable and compensatory relief under 42 U. S. C. § 1983 for the alleged acts of discrimination which occurred in August 1979, May 1980, and September 1980. The Distric...
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delivered the opinion of the Court.
The threshold question in this case is whether the minimum wage, overtime, and recordkeeping requirements of the Fair Labor Standards Act, 52 Stat. 1060, as amended, 29 U. S. C. §201
et seq.,
apply to workers engaged in the com
*292
mercial activities of a religious foundation, regardless of whether those workers consider themselv...
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Appeal from C. A. 9th Cir. Motion of *1014National League of Cities et al. for leave to file a brief as amici curiae granted. Probable jurisdiction noted....
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Sup. Ct. Wash. Certiorari denied....
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Page 319
471 U.S. 1025
105 S.Ct. 2037
85 L.Ed.2d 319
Wilbert Lee EVANSv.VIRGINIA
No. 84-1224
Supreme Court of the United States
April 15, 1985
On petition for writ of certiorari to the Supreme Court of Virginia.
The petition for a writ of certiorari is denied.
Justice MARSHALL, with whom Justice BRENNAN joins, dissenting.
1
I continue to ...
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Sup. Ct. S. C. Certiorari denied. Reported below: No. 84-5843, 285 S. C. 5, 327 S. E. 2d 650; No. 84-5850, 285 S. C. 1, 328 S. E. 2d 625....
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Page 336
Sup. Ct. Fla. Certiorari denied. with whom Justice Brennan joins, dissenting. Although the State of Florida has adopted a system of capital sentencing that allows a trial judge to overturn a sentencing jury’s finding as to the inappropriateness of death — and although this Court has upheld that system as constitutional, see Spaziano v. Florida, 468 U. S. 447 (1984) — that system neverth...
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delivered the opinion of the Court. This case requires that we decide whether certain jury instructions in a criminal prosecution in which intent is an element of the crime charged and the only contested issue at trial satisfy the principles of Sandstrom v. Montana, 442 U. S. 510 (1979). Specifically, we must evaluate jury instructions stating that: (1) “[t]he acts of a person of sound mind and di...
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delivered the opinion of the Court. The question here is whether the trustee of a corporation in bankruptcy has the power to waive the debtor corporation’s attorney-client privilege with respect to communications that took place before the filing of the petition in bankruptcy. I The case arises out of a formal investigation by petitioner Commodity Futures Trading Commission to determine whe...
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delivered the opinion of the Court. The Education of the Handicapped Act (Act), 84 Stat. 175, as amended, 20 U. S. C. §1401 et seq., requires participating state and local educational agencies “to assure that handicapped children and their parents or guardians are guaranteed procedural safeguards with respect to the provision of free appropriate public education” to such handicapped children....
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The Court having, by its decision of February 19, 1985, 469 U. S. 504, overruled all exceptions to the Report of its Special Master herein, adopted the Master’s recommendations, and confirmed his Report: SUPPLEMENTAL DECREE It Is Ordered, Adjudged, and Decreed As Follows: 1. For the purposes of the Court’s Decree herein dated October 6, 1975, 423 U. S. 1 (defining the boundary line between ...
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FINAL DECREE The Report of the Special Master is received and ordered filed. The parties have presented a stipulation for entry of the proposed agreed decree. The Report of the Special Master is adopted and a final decree is entered accordingly. It Is Ordered, Adjudged, and Decreed As Follows: 1. The common boundary between the States of Arkansas and Mississippi in the Mississippi River is ...
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delivered the opinion of the Court. We granted certiorari to decide whether law enforcement agents violated the Fourth Amendment when they conducted a warrantless search, based on probable cause, of a fully mobile “motor home” located in a public place. H-I On May 31, 1979, Drug Enforcement Agency Agent Robert Williams watched respondent, Charles Carney, ap*388proach a youth in downtown San Diego....
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471 U.S. 409 (1985)
TENNESSEE
v.
STREET
No. 83-2143.
Supreme Court of United States.
Argued March 18, 1985
Decided May 13, 1985
CERTIORARI TO THE COURT OF CRIMINAL APPEALS OF TENNESSEE, EASTERN DISTRICT
*410 Robert A. Grunow, Associate Chief Deputy Attorney General of Tennessee, argued the cause for petitioner. With him on the briefs were W. J. Michael Cody, Attorney General, and Wayne E. Uhl and...
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with whom The Chief Justice joins, dissenting.
Forsaking reliance on either the language or the history of § 2024(b)(1), the majority bases its result on the absence of an explicit rejection of the general principle that criminal liability requires not only an actus reus, but a mens rea. In my view, the result below is in fact supported by the statute’s language and its history, and it is the majo...
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delivered the opinion of the Court.
Section 244(a)(1) of the Immigration and Nationality Act (Act), 66 Stat. 214, as amended, 8 U. S. C. § 1254(a)(1), allows the Attorney General to suspend the deportation of an alien. To warrant such action, the alien must have been physically present in the United States for a continuous period of at least seven years, be of good moral character, and dem...
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In April 1976, respondent pleaded guilty in the United States District Court for the Northern District of California to an information charging him with one count of mail fraud in violation of 18 U. S. C. § 1341. Respondent pleaded pur*454suant to a plea bargain whereby the Government agreed to recommend probation on condition that restitution be made. The District Court disregarded the recommenda...
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Appeal from the United States Court of Appeals for the First Circuit is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, the petition is granted. Hopfmann filed this action in the Federal District Court for the District of Massachusetts challenging a provision in the Charter of the Massachusetts Democratic Party. Among th...
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The Court of Appeals for the Ninth Circuit has stayed all proceedings with respect to this case in the United States District Court and in the Crow Tribal Court pending resolution of the merits of the case by this Court. Applicants contend that the Court of Appeals was without jurisdiction to issue the stay, and request me to “dissolve” the stay issued by the Court of Appeals. The jurisdiction of ...
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Joint petition for an order with respect to fees and expenses of the Special Master granted, and it is ordered that the Honorable Wade H. McCree, Jr., be awarded the sum of $50,000 as compensation for his services as Special Master and that his disbursements of $2,246.74 be allowed. It is further ordered that the fees and disbursements be paid in equal parts by the State of California, the State o...
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C. A. 9th Cir. Certiorari denied....
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C. A. 4th Cir. Certiorari denied....
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C. A. 4th Cir. Certiorari denied....
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470 U. S. 1009; 470 U. S. 1060; 470 U. S. 1037; 470 U. S. 1008; 470 U. S. 1086; 470 U. S. 1059; and 470 U. S. 1082. Petitions for rehearing denied. Justice Powell took no part in the consideration or decision of these petitions....
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470 U. S. 226. Petition for rehearing denied....
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Page 493
Appeal from Sup. Ct. Pa. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied....
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C. A. 9th Cir. Certiorari dismissed under this Court’s Rule 53....
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Page 493
Appeal from App. Ct. Ill., 5th Dist., dismissed for want of substantial federal question....
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Sup. Ct. Tenn. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Supreme Court of New Hampshire v. Piper, 470 U. S. 274 (1985)....
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Motion to direct the Clerk to file a petition for -writ of certiorari in typewritten form not in compliance with the Rules of this Court denied....
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Ct. Mil. App. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Smith v. Illinois, 469 U. S. 91 (1984)....
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William Thomas Kozel, of Santa Maria, Cal., having requested to resign as a member of the Bar of this Court, it is ordered that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. The rule to show cause, heretofore issued on February 19, 1985 [469 U. S. 1202], is hereby discharged....
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It is ordered that Frank E. Holtzman, of Southfield, Mich., be suspended from the practice of law in this Court and that a rule issue, returnable *1064within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court....
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Motion to direct the Clerk to file a petition for writ of certiorari out of time denied....
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C. A. 7th Cir. [Certiorari granted, 469 U. S. 1157.] Motion of petitioners to supplement the record granted....
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Page 494
C. A. 8th Cir. [Certiorari granted, 470 U. S. 1049.] Motion of petitioner for leave to proceed further herein in forma pauperis granted. Motion for appointment of counsel granted, and it is ordered that Jack T. Lassiter, Esquire, of Little Rock, Ark., be appointed to serve as counsel for petitioner in this case....
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Page 495
470 U. S. 1049. Motion of petitioner for reconsideration of the order denying leave to proceed informa pauperis denied. Justice Powell took no part in the consideration or decision of this motion....
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C. A. 9th Cir. Certiorari granted....
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Ct. App. Tex., 2d Sup. Jud. Dist. Certio-rari denied....
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C. A. Fed. Cir. Certiorari denied....
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C. A. 7th Cir. Certiorari denied....
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App. Ct. Ill., 1st Dist. Certiorari denied....
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C. A. 9th Cir. Certiorari denied....
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Page 497
C. A. 9th Cir. Certiorari denied....
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C. A. 5th Cir. Certiorari denied....
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Ct. App. N. Y. Certiorari denied....
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App. Ct. Conn. Certiorari denied....
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C. A. Fed. Cir. Certiorari denied....
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C. A. 11th Cir. Certiorari denied....
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C. A. 9th Cir. Certiorari denied....
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C. A. 5th Cir. Certiorari denied....
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C. A. Fed. Cir. Certiorari denied....
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C. A. 6th Cir. Certio-rari denied....
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Sup. Ct. Ill. Certiorari denied....
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C. A. D. C. Cir. Certiorari denied. Justice O’Connor took no part in the consideration or decision of these petitions. Reported below: 238 U. S. App. D. C. 352, 740 F. 2d 1023....
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C. A. D. C. Cir. Certiorari denied. Justice O’Connor took no part in the consideration or decision of these petitions. Reported below: 240 U. S. App. D. C. 256, 745 F. 2d 76....
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C. A. D. C. Cir. Motion of respondent Brown, aka Yusaf Lateef Salahuddin, *1074for leave to proceed in forma pauperis granted. Certiorari denied. The Chief Justice and Justice White would grant certiorari....
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C. A. 6th Cir. Certiorari denied....
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Page 510
C. A. 1st Cir. Certiorari denied. Justice Marshall took no part in the consideration or decision of these petitions. Reported below: 749 F. 2d 102....
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Page 510
C. A. D. C. Cir. Certio-rari denied. Justice Marshall took no part in the consideration or decision of this petition....
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C. A. 11th Cir. Motion of Georgia Branch, Associated General Contractors of America, Inc., for leave to file a brief as amicus curiae granted. Certiorari denied. Justice Black-mun took no part in the consideration or decision of this motion and this petition....
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Page 512
Sup. Jud. Ct. Mass. Motion of Francis X. Bellotti, Attorney General of Massachusetts, for leave to intervene granted. Certiorari denied....
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Page 525
Sup. Ct. Ariz.; Sup. Ct. Wash.; and Sup. Ct. N. C. Certiorari denied. Reported below: No. 84-6302, 145 Ariz. 212, 700 P. 2d 1312; No. 84-6306, 103 Wash. 2d 1, 691 P. 2d 929; No. 84-6364, 312 N. C. 499, 324 S. E. 2d 250....
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C. A. 9th Cir. Certiorari dismissed under this Court’s Rule 53....
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470 U. S. 1059; 470 U. S. 1084; 470 U. S. 1056; and 470 U. S. 1086. Petitions for rehearing denied. Justice Powell took no part in the consideration or decision of these petitions....
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delivered the opinion of the Court.
The State of Florida’s long-arm statute extends jurisdiction to “[a]ny person, whether or not a citizen or resident of this state,” who, inter alia, “[b]reach[es] a contract in this state by failing to perform acts required by the contract to be performed in this state,” so long as the cause of action *464arises from the alleged contractual breach. Fla. Stat. § ...
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Page 553
471 U.S. 491 (1985)
PONTE, SUPERINTENDENT, MASSACHUSETTS CORRECTIONAL INSTITUTION
v.
REAL
No. 83-1329.
Supreme Court of United States.
Argued January 9, 1985
Decided May 20, 1985
CERTIORARI TO THE SUPREME JUDICIAL COURT OF MASSACHUSETTS
*492 Martin E. Levin, Assistant Attorney General of Massachusetts, argued the cause pro hac vice for petitioner. With him on the briefs were Francis X. Bellotti, ...
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delivered the opinion of the Court.
Services performed for patients between the ages of 21 and 65 in an “institution for mental diseases” (IMD) are not covered by the Medicaid Act. The Secretary of Health and Human Services has adopted a definition of that term that is broad enough to encompass an “intermediate care facility” (ICF). The Middletown Haven Rest Home is an ICF that provides ca...
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471 U.S. 539 (1985)
HARPER & ROW, PUBLISHERS, INC., ET AL.
v.
NATION ENTERPRISES ET AL.
No. 83-1632.
Supreme Court of United States.
Argued November 6, 1984
Decided May 20, 1985
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
*541 Edward A. Miller argued the cause for petitioners. With him on the briefs were Barbara Hufham and David Otis Fuller, Jr.
Floyd Abrams argued...
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Page 636
471 U.S. 606 (1985)
BLACK, DIRECTOR, MISSOURI DEPARTMENT OF CORRECTIONS AND HUMAN RESOURCES, ET AL.
v.
ROMANO
No. 84-465.
Supreme Court of United States.
Argued March 18, 1985
Decided May 20, 1985
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT
*607 John Ashcroft, former Attorney General of Missouri, argued the cause for petitioners. With him on the briefs were William L. ...
Views: 4
471 U.S. 626 (1985)
ZAUDERER
v.
OFFICE OF DISCIPLINARY COUNSEL OF THE SUPREME COURT OF OHIO
No. 83-2166.
Supreme Court of United States.
Argued January 7, 1985
Decided May 28, 1985
APPEAL FROM THE SUPREME COURT OF OHIO
*628 Alan B. Morrison argued the cause for appellant. With him on the briefs were David C. Vladeck and David K. Frank.
*629 H. Bartow Farr III argued the cause for appellee. On the...
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delivered the opinion of the Court.
This case presents the question whether the sale of all of the stock of a company is a securities transaction subject to the antifraud provisions of the federal securities laws (the Acts).
I
Respondents Ivan K. Landreth and his sons owned all of the outstanding stock of a lumber business they operated in Tonasket, Washington. The Landreth family offered their st...
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delivered the opinion of the Court.
This case presents the question whether the sale of 50% of the stock of a company is a securities transaction subject to the antifraud provisions of the federal securities laws (the Acts).
I
In 1980, respondent Ruefenacht (hereafter respondent) purchased 2,500 shares of the stock of Continental Import & Export, Inc., an importer of wine and spi...
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delivered the opinion of the Court.
The question presented is whether the federal regulations governing the collection of blood plasma from paid donors pre-empt certain local ordinances.
t — I
Appellee Automated Medical Laboratories, Inc., is a Florida corporation that operates, through subsidiaries, eight blood plasma centers in the United States. One of the centers, Tampa Plasm...
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delivered the opinion of the Court.
A Massachusetts statute requires that specified minimum mental-health-care benefits be provided a Massachusetts resident who is insured under a general insurance policy, an accident or sickness insurance policy, or an employee healthcare plan that covers hospital and surgical expenses. The first question before us in these cases is whether the state stat...
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delivered the opinion of the Court.
This case presents the question whether the State of Montana may tax the Blackfeet Tribe’s royalty interests under oil and gas leases issued to non-Indian lessees pursuant to the Indian Mineral Leasing Act of 1938, ch. 198, 52 Stat. 347, 25 U. S. C. § 396a et seq. (1938 Act).
I
Appellants Blackfeet Tribe filed this suit m the United States District Court for the...
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471 U.S. 773 (1985)
GARRETT
v.
UNITED STATES
No. 83-1842.
Supreme Court of United States.
Argued January 16, 1985
Decided June 3, 1985
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT
*774 Philip A. DeMassa argued the cause for petitioner. With him on the briefs was Richard M. Barnett.
Mark I. Levy argued the cause for the United States. With him on the brief were Solicit...
Views: 2
471 U.S. 808 (1985)
CITY OF OKLAHOMA CITY
v.
TUTTLE, INDIVIDUALLY, AND AS ADMINISTRATRIX OF THE ESTATE OF TUTTLE
No. 83-1919.
Supreme Court of United States.
Argued January 8, 1985
Decided June 3, 1985
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT
*810 Burck Bailey argued the cause and filed a brief for petitioner.
Carl Hughes argued the cause for respondent. With him on ...
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delivered the opinion of the Court.
A member of the Crow Tribe of Indians filed suit against the Lodge Grass School District No. 27 (School District) in the Crow Tribal Court and obtained a default judgment. Thereafter, the School District and its insurer, National Farmers Union Insurance Companies (National), commenced this litigation in the District Court for the District of Montana; tha...
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delivered the opinion of the Court. The question presented is whether 18 U. S. C. § 844(i) applies to a two-unit apartment building that is used as rental property. *859 Petitioner owns an apartment building located at 4530 South Union, Chicago, Illinois. He earned rental income from it and treated it as business property for tax purposes. In early 1983, he made an unsuccessful attempt to s...
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Appeal from C. A. 6th Cir. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied....
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Appeal from C. A. 2d Cir. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of cer-tiorari, certiorari denied....
Views: 0
Page 834
Appeal from Ct. Crim. App. Ala. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied....
Views: 0
Page 834
Appeal from Sup. Ct. N. D. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied....
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Page 835
Sup. Ct. Va. Motion of petitioner for leave to proceed in forma pauperis and certiorari granted. Judgment vacated and case remanded for further consideration in light of Ake v. Oklahoma, 470 U. S. 68 (1985)....
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Appeal from Sup. Ct. Fla. dismissed for want of substantial federal question....
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Motion to direct the Clerk to file a petition for writ of certiorari out of time denied....
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Page 835
Appeal from Sup. Ct. N. H. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied....
Views: 0
Page 835
C. A. 6th Cir. [Certiorari granted, 470 U. S. 1003.] Judgment vacated and case remanded for further proceedings in light of the assertions set forth in petitioner’s motion to vacate filed April 26, 1985, and the response filed thereto....
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It is ordered that Maria Catherine Pecoraro, of West Chester, Pa., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring her to show cause why she should not be disbarred from the practice of law in this Court....
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It is ordered that John W. Surgent, of Lake Ariel, Pa., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court....
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It is ordered that James P. McGarry, of Flushing, N. Y., be suspended from the practice of law in this Court and that a rule issue, returnable *1097within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court....
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Page 836
C. A. 8th Cir. [Certiorari granted, 469 U. S. 815.] Motion of respondent for leave to file a supplemental brief after argument granted....
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C. A. 10th Cir. [Certiorari granted, 469 U. S. 879.] Motion of petitioner for leave to file a supplemental brief after argument granted....
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Page 837
C. A. 8th Cir. [Certiorari granted, ante, p. 1014.] Motion for appointment of counsel granted, and it is ordered that Patrick Reilly Grady, Esquire, of Cedar Rapids, Iowa, be appointed to serve as counsel for respondent in this case....
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Page 837
C. A. 2d Cir. Motion of respondent to expedite further consideration of the petition for writ of certiorari and to consolidate with No. 84-6263, Batson v. Kentucky [certiorari *1098granted, ante, p. 1052], denied. Justice Brennan, Justice Marshall, and Justice Stevens would grant this motion....
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C. A. 2d Cir. The Solicitor General is invited to file a brief in this case expressing the views of the United States....
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Page 837
470 U. S. 1059. Respondent is requested to file a response to the petition for rehearing within 30 days....
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Page 838
C. A. 1st Cir. Motion of respondent for leave to proceed in forma pauperis and certiorari granted....
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C. A. 11th Cir. Motion of respondent for leave to proceed in forma pauperis and certiorari granted....
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C. A. 9th Cir. Motion of respondents for leave to proceed in forma pauperis and certiorari granted....
Views: 0
Page 838
C. A. 4th Cir. Motion of petitioner for leave to proceed informa pauperis granted. Certiorari *1099granted limited to Question 1 presented by the petition....
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C. A. 8th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 10th Cir. Certiorari denied....
Views: 0
C. A. 10th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied. Reported below: 744 F. 2d 1508....
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Page 842
C. A. 8th Cir. Cer-tiorari denied....
Views: 0
C. A. 6th Cir. Certio-rari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
Sup. Ct. Ya. Certiorari denied....
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Sup. Ct. Iowa. Certiorari denied....
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C. A. 2d Cir. Certiorari denied....
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Page 843
Pa. Commw. Ct. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 0
Page 845
C. A. 8th Cir. Certiorari denied....
Views: 0
C. A. 1st Cir. Cer-tiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A: 5th Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 0
C. A. Fed. Cir. Certiorari denied....
Views: 0
Dist. Ct. Oklahoma County, Okla. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied. Reported below: 749 F. 2d 39....
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Sup. Ct. Ky. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
Ct. App. Ohio, Lorain County. Certiorari denied....
Views: 0
Page 854
Ct. App. Cal., 2d App. Dist. Certiorari denied....
Views: 0
C. A. D. C. Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Motion of respondents for award of damages denied. Certiorari denied. Justice Marshall took no part in the consideration or decision of this motion and this petition....
Views: 0
C. A. D. C. Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied....
Views: 0
Page 858
C. A. 7th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied....
Views: 0
Page 858
C. A. 11th Cir. Motion of respondent for leave to proceed informa pauperis granted. Cer-tiorari denied....
Views: 0
Page 858
C. A. 6th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied....
Views: 0
C. A. 7th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied....
Views: 0
C. A. 9th Cir. Motion of Committee for H-3 et al. for leave to file a brief as amici curiae granted. Certiorari denied....
Views: 0
C. A. 7th Cir. Motion of petitioners to defer consideration of the petition for writ of certio-rari denied. Certiorari denied....
Views: 0
Sup. Ct. Cal. Motion of Boeing Co. et al. for leave to file a brief as amici curiae granted. Certiorari denied....
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Sup. Ct. La.; Sup. Ct. Ark.; C. A. 11th Cir.; Sup. Ct. S. C.; Sup. Ct. Fla.; Sup. Ct. Va.; Ct. Crim. App. Okla.; and Sup. Ct. Ariz. Cer-tiorari denied. Reported below: No. 84-6033, 457 So. 2d 616; No. 84-6284, 284 Ark. 289, 681 S. W. 2d 380; No. 84-6326, 733 F. 2d 766; No. 84-6408, 284 S. C. 388, 326 S. E. 2d 153; No. 84-6413, 460 So. 2d 890; No. 84-6486, 228 Va. 535, 323 S. E. 2d 577; No. 84-6526...
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Page 864
469 U. S. 930; ante, p. 1004; ante, p. 1005; ante, p. 1019; and ante, p. 1006. Petitions for rehearing denied....
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469 U. S. 1191; 470 U. S. 522; 470 U. S. 904; ante, p. 81; ante, p. 82; 470 U. S. 1031; 469 U. S. 1200; 470 U. S. 1059; ante, p. 147; 469 U. S. 1219; 470 U. S. 1062; 470 U. S. 1062; 470 U. S. 1088; 470 U. S. 1055; 470 U. S. 1086; 470 U. S. 1057; 470 U. S. 1046; 470 U. S. 1087; and 470 U. S. 1087. Petitions for rehearing denied. Justice Powell took no part in the consideration or decision of these ...
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Application for stay of execution of sentence of death scheduled for Wednesday, May 15, 1985, presented to Justice White, and by him referred to the Court, denied....
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