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Opinions in uslw Volume 54

This case requires us to determine whether a creditors committee has an absolute statutory right to intervene in a bankruptcy adversary proceeding.* We hold that the committee has no such statutory right, but we remand the case to the district court to determine whether another basis may exist for the committee to intervene. I. The facts of this case are simple and undisputed. The Official Credito...
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OPINION Once again, this matter is before the Court upon motions to dismiss and/or for summary judgment. The basic facts are set forth in this Court’s prior opinion, Huron Valley Hospital, Inc. v. City of Pontiac, 585 F.Supp. 1159 (E.D.Mich.1984). Here, the four state defendants, present and former officials of the Michigan Department of Public Health (MDPH) (Balius Walker...
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OPINION OF THE COURT I. Facts and Procedural History Plaintiff Renaldo Nehemiah, a renowned hurdler who holds the world’s record for the 110 meter hurdles, lost his eligibility to compete in amateur track and field competition when he signed a contract to play professional football. Rule 53 of the International Amateur Athletic Federation (IAAF) provides that an athlete will not be eligible to ...
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764 F.2d 458 54 USLW 2004, 1985-2 Trade Cases 66,661 PEPSICO, INC., and Wilson Sporting Goods Co., Petitioners,v.Honorable Thomas R. McMILLEN, Judge, United States DistrictCourt for the Northern District of Illinois, Respondent. No. 85-1932. United States Court of Appeals,Seventh Circuit. Submitted June 3, 1985.Decided June 6, 1985. Thomas R. McMillen, Chicago, Ill...
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763 F.2d 553 54 USLW 2005 Eugene PATTON, Petitioner,v.DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITEDSTATES DEPARTMENT OF LABOR, Respondent. No. 84-3351. United States Court of Appeals,Third Circuit. Argued Jan. 16, 1985.Decided June 3, 1985. Pasco L. Schiavo (Argued), Hazleton, Pa., for petitioner. Francis X. Lilly, Sol. of Labor, Donald S. Shire, A...
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OPINION OF THE COURT This appeal presents the issue whether alleged misrepresentations and nondisclo-sures by a brokerage firm regarding the credit terms of a margin account fall within the ambit of section 10(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78j(b) (1982) (Exchange Act), and two rules promulgated thereunder by the Securities and Exchange Commission (SEC). The district court...
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Lauren Manecke, by and through her parents, legal guardians and next friends, Richard and Julia Manecke (“the Maneckes”), brought this action against the Pinellas County School Board (“the Board”). In their amended complaint, the plaintiffs alleged that the Board’s failure to provide them with a timely, impartial due process hearing violated their rights under § 504 of the Rehabilitation Act of...
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I Nonparties who reside outside the territorial jurisdiction of a district court may be subject to that court’s jurisdiction if, with actual notice of the court’s order, they actively aid and abet a party in violating that order. This is so despite the absence of other contacts with the forum. We, therefore, affirm the judgment of the district court, holding that three of the respondents, D & K Mo...
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Pursuant to section 330 of the Bankruptcy Reform Act of 1978, Pub.L. No. 95-598, 92 Stat. 2549 (codified as amended at 11 U.S.C. §§ 101-15326 (1982)), appellant Luce, Forward, Hamilton & Scripps (“Luce, Forward”) petitioned the bankruptcy court for the recovery of legal fees incurred in the handling of the Chapter 11 reorganization of Nucorp Energy, Inc. The bankruptcy court awarded recovery of...
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The Illinois Pro-Life Coalition (IPC), a state lobbying organization, seeks to intervene in a suit brought by a group of physicians who perform abortions and challenging the constitutionality of an Illinois statute regulating abortion. The district court denied IPC leave to intervene as a matter of right. The district court also denied IPC’s motion for permissive intervention. We affirm both decis...
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OPINION OF THE COURT Defendants Aetna Casualty and Surety Company (“Aetna”) and Travelers Indemnity Company and Travelers Insurance Company (“Travelers”) appeal from a judgment of the district court made final pursuant to Fed.R.Civ.P. 54(b) that granted plaintiff ACandS, Inc.’s (“ACandS”) motion for partial summary judgment in this declaratory judgment action. Subject matter jurisdiction in the d...
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The plaintiff, Homewood Professional Care Center, Ltd. (“Homewood”), operated a nursing home as a participant in the Medicare program from 1975 through 1977. *1244After Homewood voluntarily withdrew from the Medicare program, it submitted reimbursement claims to the Department of Health and Human Services for services provided to Medicare recipients during two separate accounting periods. While th...
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764 F.2d 469 54 USLW 2018, 18 Fed. R. Evid. Serv. 1393 Laurie DELVAUX, Plaintiff-Appellant,v.FORD MOTOR COMPANY, Defendant-Appellee. No. 84-1841. United States Court of Appeals,Seventh Circuit. Argued Feb. 22, 1985.Decided June 12, 1985. Robert E. Sutton, Sutton & Kelly, Milwaukee, Wis., for plaintiff-appellant. Paul E. Schwemer, Merten & Schwemer, Milw...
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The plaintiffs in this consolidated appeal seek to recover damages from the manufacturers of small caliber handguns that caused severe injury during the perpetration of one crime and the death of the victim in another crime. The plaintiffs present two theories of recovery. First, they argue that the marketing of a dangerous weapon to the general public is an ultrahazardous activity giving rise to ...
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Plaintiff parents Joann Bell and Lucille McCord sued the Little Axe Independent School District,1 the school board and its individual members, and several administrative officials (the District) under 42 U.S.C. § 1983 (1982), claiming that various District policies and practices violated the Establishment Clause of the First Amendment. In their initial complaint, Bell and McCord sought injunctive ...
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Peter Kalkus, Lamar Financial, Inc., Lamar Properties, Inc., Arlington Alliance, Ltd., Lamar Financial Partnership, and Polk & Taylor Associates Limited Partnership (“PTA”) seek to appeal the district court's order, declaring that New York State Teachers Retirement System (“Teachers”) is entitled to additional interest under certain mortgage agreements. Because we conclude that the district court ...
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Lewellyn Acoff filed this suit under 42 U.S.C.A. § 1983 (West 1981) against the City of Tuscaloosa and police officers D.E. Abston and J.T. Reed. Acoff claimed that certain injuries inflicted on him by the officers violated his constitutional rights under the Fourth, Fifth and Fourteenth Amendments. Acoff appeals from the district court’s order granting directed verdicts for all the defendants, wh...
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dissenting. Lurking behind today’s decision are the spectres of two quite distinct threats to freedom of the press. First, there is the prospect that criminal investigations predicated on the truth or falsity of the contents of nonfiction works dealing with important political and religious issues will so add to the risks inherent in publishing such works that fewer will be published, thus chillin...
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This appeal concerns a voting rights suit brought on behalf of a class of all students residing in, and desiring to register and vote in general elections in, Albany and Ulster Counties, New York. The class representatives were refused registration after completing a special questionnaire required by county officials to determine the residence of students for voting purposes. They brought this sui...
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The issue certified to this Court by the United States District Court for the Western District of Michigan is whether members of the Michigan Board of Medicine, sued in their individual capacities under 42 U.S.C. § 1983, are entitled to claim the defense of immunity, either absolute or qualified, in the discharge of their statutory duties pertaining to the licensure of persons to practice medicine...
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This case was brought in the district court by three registration-exempt Boston University theological students who were refused federal financial assistance after they declined to answer questions as to their draft registration status on an aid application form that was prescribed by the United States Department of Education (“DOE”). Concluding that Congress had not authorized DOE to condition re...
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This case arises from a dispute over the balance owed by plaintiff/appellant on a securities margin account opened with defendant/appellee. The district court granted summary judgment in favor of the defendant, finding that plaintiff was collaterally estopped from prosecuting a RICO claim due to findings made in an earlier arbitration, and .that a two-year statute of limitations precluded plain...
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The Supreme Court of Virginia will admit an out-of-state attorney to the Commonwealth bar without examination only if the applicant intends to practice full-time in Virginia. The plaintiff, alleging that this requirement violates the Commerce Clause and the Due Process Clause, filed suit for declaratory and injunctive relief. The district court held that the rule does not exceed the authority of t...
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Federal Rule of Civil Procedure 4(j) provides: If a service of the summons and complaint is not made upon a defendant within 120 days after the filing of the complaint and the party on whose behalf such service was required cannot show good cause why such service was not made within that period, the action shall be dismissed as to that defendant without prejudice upon the court’s own initiative wi...
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Donald J. Hoye, d/b/a Hoye Super Re-xall Drug, and Robert H. Young appeal from a jury verdict in favor of the estate of Jessica Baas and Jessica’s parents, Julie and Ricky Baas. The Baases were awarded damages upon a jury determination that Hoye and Young violated a consumer product safety rule requiring the dispensing of prescription drugs in childproof containers. Hoye and Young claim that: (1) ...
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OPINION OF THE COURT This appeal requires us once again to explore the parameters of the government contractor defense in product liability actions involving an alleged design defect. See Koutsoubos v. Boeing Vertol, 755 F.2d 352 (3d Cir.1985); Brown v. Caterpillar Tractor Co., 741 F.2d 656 (3d Cir.1984). Plaintiffs in this action are the survivors and personal representatives of servicemen who d...
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Appellants, Securities Investor Protection Corporation (“SIPC”), Eugene W. Bell and John L. Britton appeal the dismissal of four of seventy-five defendants from the securities fraud action brought in the United States District Court for the Central District of California. The district court dismissed these defendants, finding that it lacked personal jurisdiction over them, and that venue was impro...
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766 F.2d 284 54 USLW 2052, 10 Soc.Sec.Rep.Ser. 177,Unempl.Ins.Rep. CCH 16,273 Wendell L. STEPHENS, Sr., Plaintiff-Appellant,v.Margaret HECKLER, Secretary of Health and Human Services,Defendant-Appellee. No. 84-1994. United States Court of Appeals,Seventh Circuit. Submitted May 16, 1985.*Decided June 21, 1985. Dennis K. Frick, East Central Legal Services Program, Inc...
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INTRODUCTION Plaintiff White Consolidated Industries, Inc. (hereinafter “White”) filed ease No. 85-472 against defendants, Whirlpool Corporation (hereinafter “Whirlpool”), Dart ...
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Plaintiff obtained a jury verdict of $15,-000,000 damages for injuries suffered when suspended balconies in the Hyatt Regency Kansas City Hotel fell on July 17, 1981. The trial court entered an order granting defendants a new trial unless plaintiff filed a remittitur of $2,250,000 “because the verdict is against the weight of the evidence.” Plaintiff filed the required remittitur and the court ...
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This case presents the question of whether a federal judge may delegate the conduct of a probation revocation hearing to a magistrate. We hold that he may not. Since appellant received a hearing before a magistrate but did not receive a hearing before a federal judge, we reverse the revocation of his probation and remand for the conduct of a hearing by the-district judge. I. Because w...
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763 F.2d 1191 54 USLW 2056 In re Application of the PRESIDENT'S COMMISSION ON ORGANIZED CRIME.Subpoena of Lorenzo SCADUTO, Appellant. No. 85-5232. United States Court of Appeals,Eleventh Circuit. May 29, 1985. Benedict P. Kuehne, Jon A. Sale, Bierman, Sonnett, Shohat & Sale, P.A., Miami, Fla., Ronald P. Fischetti, Fischetti, Feigus & Pomerantz, Warren L. Feld...
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MEMORANDUM Currently pending is a motion for judgment on the pleadings filed by defendant, Landmark Financial Services, Inc. (“Landmark”), pursuant to Fed.R.Civ.P. 12(c). In this case of first impression, Landmark challenges the scope of the government’s enforcement powers under section 704 of the Equal Credit Opportunity Act (“ECOA” or “Act”), 15 U.S.C. § 1691c. The parties have thoroughly bri...
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766 F.2d 261 54 USLW 2061, 13 Bankr.Ct.Dec. 498, Bankr.L. Rep. P 70,634 In the Matter of PARK NURSING CENTER, INC., Debtor.CREDITORS COMMITTEE OF PARK NURSING CENTER, INC., Plaintiff-Appellee,v.Richard SAMUELS, Defendant-Appellant. No. 83-1261. United States Court of Appeals,Sixth Circuit. Argued Aug. 21, 1984.Decided July 5, 1985. Imants M. Minka, argued, Carl G. B...
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James R. Harrison appeals the dismissal of his complaint asserted under 42 U.S.C. § 1985(3) against KVAT Food Management, Inc., and two of its principal officers or employees. The district court dismissed for failure to state a claim upon which relief could be granted. The question we decide is whether a Republican, under the circumstances presented here, is a member of a protected class for pu...
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This appeal requires us to decide whether the district court incorrectly interpreted Rule 4(a)(5), F.R.A.P., and abused its discretion in denying appellant’s motion to extend the time in which a notice of appeal could be filed. We find no error and affirm. *51 I. This appeal emanates from a personal injury action in which the jury returned a verdict in favor of appellee. Appellant’s motion ...
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Defendant Robert Love, a City Court judge in Memphis, Tennessee, appeals from a jury verdict awarding $10,000 in compensatory damages and $50,000 in punitive damages to plaintiff Johnny King in this action arising under 42 U.S.C. § 1983. For the reasons set forth below, we vacate the judgment and remand for further proceedings. I. In January 1979, King reported to the Tennessee Depart...
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OPINION OF THE COURT The petitioner, the Secretary of Labor (the Secretary), seeks review of a final order of the Occupational Safety and Health Review Commission (the Commission) 1 vacating two citations that had been issued to the respondent, Adams Steel Erection, Inc. (the Company) for alleged violations of the Occupational Safety and Health Administration (OSHA) regulations for the constructi...
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This is an appeal from Judge Miner’s denial of a preliminary injunction. The appellant, Legi-Tech, Inc., seeks to enjoin the defendants, officials of New York State, from denying it access to a state-owned computerized database that contains legislative information and is available through subscription to the general public. Legi-Tech’s complaint, brought under 42 U.S.C. § 1983 (1982), alleges an ...
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This appeal represents the latest chapter in a long history of litigation generated by the highly publicized May 1976 default of Maine potato futures contracts that occurred when the sellers of 1000 contracts failed to deliver approximately 50 million pounds of potatoes. The sellers’ refusal to deliver brought about the largest default in the history of commodities futures trading. Throughout an 1...
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This is a direct appeal brought by the Attorney General, representing the Texas Education Agency, and others, seeking immediate appellate review of an order of the trial court which held unconstitutional, and enjoined enforcement of, a provision of the Texas Education Code. This court has jurisdiction over this cause pursuant to Tex. Const, art. Y, § 3-b and Tex.Rev.Civ.Stat. Ann. art. 1738a (Ver...
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We consider today a constitutional challenge to the Louisiana law entitled “Balanced Treatment for Creation-Science and Evolution-Science in Public School Instruction” (the Act). The statute in essence requires the teaching of creation-science in Louisiana public schools whenever evolution is taught. The district court struck down the law as unconstitutional, holding that there was no legitimat...
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Appellant Carlo Scott Bagley was convicted after a jury trial of bank robbery, in violation of 18 U.S.C. § 2113(a). He ap *839 peals his conviction and urges reversal on the basis of several alleged errors in the pretrial proceedings and in the trial itself. We reject his contentions and affirm his conviction. PACTS On October 31, 1983, at approximately 12:45 p.m., the Peninsula Branch of t...
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This is one of the first asbestos-related injury tort cases to come before this Court. Regardless of the theory of liability in such eases, the threshold for every theory is proof that an injured plaintiff was exposed to asbestos-containing products for which the defendant is responsible. The key to the review of a summary judgment for a defendant in such case is whether the trial court imposed...
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765 F.2d 526 1986 A.M.C. 150, 54 USLW 2091 Hartland Dean WEST, Plaintiff-Appellant,v.KERR-McGEE CORPORATION, et al., Defendants-Appellees. No. 84-3458. United States Court of Appeals,Fifth Circuit. July 18, 1985. Carl J. Hebert, A. Gill Dyer, New Orleans, La., for plaintiff-appellant. Christopher Tompkins, Ethel H. Cohen, New Orleans, La., for Kerr-McGee & ...
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These consolidated appeals1 present a question of first impression in this Circuit concerning the interplay between the standards for an award of attorneys’ fees against the federal government as litigant under the Equal Access to Justice Ac(; (“EAJA”), 28 U.S.C. § 2412(d), and the limitations on the amount of contingent fees recoverable by the plaintiffs’ attorneys from their clients in a claim f...
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The defendant, Joseph Harris Co., Inc., brings this appeal following the district *298court’s granting the plaintiffs’ motion for a judgment not withstanding the verdict and a second trial in plaintiffs’ action for damages as a result of defective seeds. Because we hold that the district court was correct in holding that, under the facts of this case, the disclaimer of warranty and limitation of r...
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The principal issue here is whether a privately procured insurance policy covering “non-medical expenses and pain and suffering” constitutes double coverage under the terms of an exclusion clause in a government employees’ health insurance policy. We conclude that recovery under the government policy is not prohibited by the double coverage exclusion. Plaintiff Donald R. Myers, a Federal Bureau of...
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Rose Eileen Trujillo and her daughter, Patricia Trujillo, appeal from the dismissal of their action filed under 42 U.S.C. § 1983 (1982).1 In their complaint, the Trujillos allege that the wrongful death of their son and brother, Richard Trujillo, while incarcerated at the Santa Fe County Jail, deprived them of their constitutional right of familial association under the First and Fourteenth Amendm...
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The principal issue in this habeas corpus appeal is whether the failure of the state to disclose potentially exculpatory evidence in its possession renders involuntary an otherwise voluntary, counseled plea of guilty. We assume without deciding that under Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), the state’s conduct here in suppressing information favorable to the pe...
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In an effort to curb misuse of corporate funds and preserve integrity in the federal election process, Congress enacted a series of laws prohibiting corporate expenditures and contributions to political campaigns. This appeal presents the question of wheth *15 er the current statute, codified at 2 U.S.C. § 441b (1982), prohibits the publication by a non-profit ideological organization of a Spec...
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This is an appeal by plaintiff Karen E. Cardoza from the district court’s grant of defendant Commodity Futures Trading Commission’s motion for summary judgment and defendant Board of Trade’s motion to dismiss, 588 F.Supp. 621. Cardoza asserts that the district court utilized an erroneous standard in reviewing the Commodity Futures Trading Commission’s decision not to review a commodities exchan...
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Petitioner appeals the final decision of the Merit Systems Protection Board (MSPB or board), 23 M.S.P.R. 633 (1984), which reversed the initial decision of the presiding official, issued May 29, 1984, and sustained the action of the Federal Home Loan Bank Board (agency) in removing petitioner for unacceptable performance. We affirm. BACKGROUND This case presents a narrow but vitally i...
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MEMORANDUM AND ORDER This action, in which plaintiff Jays Foods (Jays) alleges that it was a victim of predatory pricing, comes before this court ten years after the seminal article by Professors Areeda and Turner which outlined a cost-based definition of predatory pricing. Areeda and Turner, Predatory Pricing and Related Practices Under Section 2 of the Sherman Act, 88 Harv.L....
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Fascinated by the penchant of Americans to band together and gather strength from association, Alexis de Tocqueville wrote: The most natural privilege of man, next to the right of acting for himself, is that of combining his exertions with those of his fellow creatures, and of acting in common with them. The right of association therefore appears to me almost as inalienable in its nature as the *2...
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The United States has appealed from a judgment of the district court holding unconstitutional section 3333.2 of the California Civil Code, which limits recovery for noneconomic losses in medical malpractice suits to $250,000. We reverse. I. Facts and Proceedings Below The appellee, Scott J. Hoffman, on May 12, 1981, went to the Veterans Administration Hospital, Wadsworth, Los ...
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The principal issue of this appeal is whether an employer, sued by employee benefit plans for delinquent contributions, may avoid liability for statutory interest and attorney’s fees by paying the delinquent contributions after suit is brought but before judgment. We affirm the determination of the district court that the delinquent employer remains liable for interest and attorney’s fees sough...
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The plaintiffs in this case challenged the facial constitutionality of the domicile requirement embodied in ARK.STAT.ANN. § 80-1501 (Supp.1983) as it relates to minor children who wish to attend public school in Arkansas. This statute provides as follows: The public schools of any school district in this State shall be open and free through completion of the secondary program, to all persons betwe...
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OPINION This matter is before me after the filing by the Inspector General (IG) of the Department of Defense (DOD) for the United States of America on December 27,1984, of a Petition For Enforcement of Administrative Subpoena by the Government, pursuant to the Inspector General Act of 1978, as amended 5 U.S.C. Appendix § 6(a)(4) and 28 U.S.C. § 1345, against Westinghouse Electric Corporat...
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OPINION OF THE COURT This appeal, certified to us by the district court, arises in the aftermath of a bitter fight to gain control of Pabst Brewing Company. Plaintiff, a disappointed tender offeror, has sued his former partner, the successful acquiring company, and the target company, alleging violations of the federal antitrust and securities laws; in addition, plaintiff raised a variety of stat...
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These consolidated cases involve section 909(b) of the Longshoremen’s and Harbor Workers’ Compensation Act (the Act) 33 U.S.C. §§ 901-950. The facts of each of the cases are similar and undisputed. The decedents died from work related injuries and were survived by their wives and children. The petitioner paid the surviving spouses (widows) and children death benefits in accordance with the Act. Th...
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The State of Iowa (State) and several individual farmers (plaintiffs-intervenors in the district court) appeal from the district court’s dismissal of their motion for a preliminary injunction to compel John Block, Secretary of the United States Department of Agriculture (Secretary), to implement three federal agricultural disaster relief programs. For reversal, the State and the farmers argue that...
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Almond Hill School and numerous other plaintiffs in the Sacramento area appeal the district court’s denial of their motion for a preliminary injunction to halt the State’s use of pesticide spraying to combat a Japanese beetle infestation in their area. The issues. presented are whether these plaintiffs may state a private cause of action through 42 U.S.C. § 1983 to enforce the Federal Insecticide,...
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On a difficult question of statutory interpretation, seldom does a court of appeals have the benefit, as we do in this case, of guidance from two cogent, well-reasoned opinions going in opposite directions. The difficulty of the question is revealed not only in the direct conflict between these two decisions, but also in the three-to-two decision of the Federal Trade Commission (“FTC” or “Commissi...
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This is an appeal from the denial of a motion for a preliminary injunction by three aliens who challenge the denial by the California Department of Social Services (the Department) of welfare benefits under the Aid to Families with Dependent Children (AFDC) program. Each of the three has applied for, but not yet received, political asylum. In essence, the aliens contend that the pertinent legislat...
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The prevailing parties in a federal administrative action involving Title VI of the Civil Rights Act of 1964 sought to recover attorney’s fees under 42 U.S.C. § 1988 in an independent action in federal district court. The district court denied their request. We reverse. I. Plaintiffs represent residents of Crest Street community, a well-established, predominantly black neighborhood in Durham, Nort...
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The City of Borger police mistook James C. Grandstaff for a fugitive and killed him. The estate and family of Grandstaff sued and recovered $1,430,000, together with attorneys fees and expenses, from four of the officers as well as the City. We uphold the liability of the officers on both the federal and state claims and the damages award because of Texas law; we sustain the 42 U.S.C. § 1983 liabi...
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Appellant Michael Church, convicted of murder and armed violence after a trial in which a written statement which he prepared (under circumstances hereinafter described) constituted significant evidence against him, seeks release on habeas corpus. He maintains that his waiver of rights under Miranda 1 is defective because the detectives did not tell him that a lawyer, who had been appointed for...
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The question in this case is whether a subpoena duces tecum requiring the production of partnership and corporate records should be quashed on the ground that production of the documents will violate the appellants’ Fifth Amendment privilege against compulsory self-incrimination. The district court denied the motion to quash and a panel of this court reversed, concluding that the appellants cou...
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TABLE OF CONTENTS I. INTRODUCTION 1321 II. FACTS 1323 III. MOTIONS CONCERNING INDIVIDUAL NAMED PLAINTIFFS 1325 A. Defendants’ Motion to Remand (Stieberger) 1325 B. Motions to Intervene (Happy, Vega) 1326 C. Motions to Consolidate (Sullivan, Johnson) 1326 IV. CLASS CERTIFICATION 1327 V. JURISDICTIONAL ISSUES 1328 A. Social Security Act Jurisdiction: S...
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This dispute is a product of the litigation concerning the congressional funding restrictions collectively known as the Hyde Amendment, which directed that no federal funds appropriated to pay the federal share of the Medicaid program were to be used to finance certain abortions. 1 Until the United States Supreme Court finally decided that this prohibition against use of federal funds was const...
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The sole issue presented in this appeal is whether the Tax Court erred in holding that the taxpayer’s gambling activities constituted a “trade or business” for purposes of Section 62(1) of the Internal Revenue Code, 26 U.S.C. § 62(1). The Commissioner asserts that the taxpayer’s failure to hold himself out to others as offering goods or services precludes characterization of his activities as a...
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OPINION OF THE COURT The principal issue in this case is whether a scheme of commercial bribery between an employee of a manufacturer and an entity which acted as a sales agent comes within the prohibition of either the Sherman or Robinson-Patman Acts. The district court found essentially that because a legitimate agency relationship existed between the briber and the manufacturer and no sales oc...
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Floyd Hamner appeals the denial of his motion for attorney’s fees under 42 U.S.C. § 1988. In this appeal, we consider whether the district judge abused her discretion by denying Hamner’s motion for attorney’s fees, where he and his counsel had executed a contingent fee agreement. For reasons set forth below, we reverse and remand. The existence of a contingent fee agreement is not itself a suffici...
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OPINION OF THE COURT The plaintiff students contend that a mandatory fee imposed on them by a university for the specific purpose of supporting an independent organization whose aims they oppose is an infringement on their First Amendment rights. The district court held that the funding procedure was permissible' because the outside organization contributed to the education of its student members...
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This case presents a question of first impression as to whether a state’s Department of Revenue may file suit in federal court for treble damages under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1961, et seq., against a retailer who files fraudulent state sales tax returns. In this case the district court granted the retailer, defendant William Phillip...
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MEMORANDUM AND ORDER This case raises the question whether the Illinois Attorney Registration and Disciplinary Commission (Commission) can constitutionally prohibit a lawyer from advertising through the mail to a targeted audience. Plaintiffs are all practicing attorneys who have done or plan to do direct mail advertising. They seek injunctive and declaratory relief. Before the court at t...
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769 F.2d 595 54 USLW 2155 UNITED STATES of America, Plaintiff-Appellee,v.Mark Kevin BINDER, Defendant-Appellant. No. 84-1249. United States Court of Appeals,Ninth Circuit. Argued and Submitted Feb. 11, 1985.Decided Aug. 22, 1985. Jon Rick Cooper, Asst. U.S. Atty., Tucson, Ariz., for plaintiff-appellee. Francisco Leon, Tucson, Ariz., for defendant-appellant. ...
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497 A.2d 331 (1985) RHODE ISLAND LIQUOR STORES ASSOCIATION v. The EVENING CALL PUB. CO. d.b.a. The Woonsocket Call. No. 84-566-A. Supreme Court of Rhode Island. August 26, 1985. *332 Bruce E. Vealey and Alan T. Dworkin, Alan T. Dworkin, Ltd., Cranston, for plaintiff. William R. Grimm and Michael A. Silverstein, Hickley Allen Tobin & Silverstein, Providence, for defendant. OPINION KELLEHER, J...
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497 A.2d 729 (1985) S & S LIQUOR MART, INC. v. Louis PASTORE, Liquor Control Administrator. No. 82-347-Appeal. Supreme Court of Rhode Island. August 26, 1985. *730 Thomas J. Liguori, Jr., Natale L. Urso, Urso, Liguori & Urso, Westerly, for plaintiff. John H. Hines, Jr., Providence, of counsel, for R.I. Liquor Control Admin. Stephen M. Miller, Special Counsel, Providence, for defendant. O...
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ORDER This matter comes before the Court on the motion of Heinold Commodities, Inc. (“Heinold”), to dismiss this action, or alternatively, to transfer the action to the Northern District of Illinois, or to stay these proceedings pending resolution of the Illinois suit. Briefs have been submitted by Heinold and Yoder and a hearing held on these motions on January 30, 1986. Accordingly, the...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This is an action under the Civil Rights Act, 42 U.S.C. § 1983, by which plaintiffs seek relief from persons acting under color or authority of state law, who allegedly deprive them of their constitutional rights. Plaintiffs are thoroughbred race horse jockeys who complain that the New Jersey Racing Commission’s regulations authorizing breathalyzer ...
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MEMORANDUM OPINION Introduction This matter comes before the Court on a trial to the bench on September 5, 1985. Plaintiffs challenge the constitutionality of the 1985 Amendment to § 18.2-391 of the Code of Virginia. The relevant statutes are set out below, and the challenged portion (hereafter “the amendment”) is highlighted: § 18.2-390. Definitions. — As used in this article: (1) “Juv...
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Appellant Philip A. DeMassa’s petition for rehearing from this court’s decision in DeMassa v. Nunez, 747 F.2d 1283 (9th Cir.1984), is denied. The petition for rehearing as to appellants Robert Kent Lahodny, Robert Marceron, Marie D. Carlile and Sonny Barger is granted and the cause is remanded to the district court to determine whether these plaintiffs are entitled to relief to vindicate personal ...
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MEMORANDUM OPINION AND ORDER On July 2, 1985 Vickie Shorters (“Shorters”) and Delores Clark (“Clark”) sued the City of Chicago (“City”) and Chicago police officer George Weir (“Weir”) under 42 U.S.C. § 1983 (“Section 1983”), seeking damages for an alleged violation of plaintiffs’ civil rights in August 1982. Defend *662 ants then moved under Fed.R.Civ.P. (“Rule”) 12(b)(6) to ...
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This appeal requires that we determine the prescriptive period which applies to actions brought in the State of Mississippi under 42 U.S.C. § 1983. Guided by the recent decision of the Supreme Court in Wilson v. Garcia, — U.S. ---, 105 S.Ct. 1938, 85 L.Ed.2d 254 (1985), we conclude that the one-year period provided by Miss. Code Ann. § 15-1-35 governs such actions. Because plaintiff’...
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We granted certiorari to review the decision of the court of appeals in People in the Interest of Medina, 662 P.2d 184 (Colo.App.1982), relating to the right of an involuntarily committed and incompetent mental patient to refuse the administration of antipsychotic medicine by attending physicians. The Denver probate court entered an order granting the petition of two psychiatrists to administer an...
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MEMORANDUM DECISION AND ORDER Presently before the court are cross-motions for summary judgment on the issue of the constitutionality of § 1153(c) of the California Labor Code. Plaintiffs, agricultural workers for Sun Harvest, Inc., contend that this section violates their first amendment free speech and associational rights, and has a disparate impact upon *950 them, as pers...
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The case before us raises the question of whether the Employee Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001-1381 (1982), preempts an employee’s common law breach of contract and tort claims against the insurance company that issued his employer’s group insurance policy. The district court concluded that ERISA preempted the employee’s claims. We reverse on the authority of Met...
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Like Radol v. Thomas, 772 F.2d 244 (6th Cir.1985), this action arises out of U.S. Steel’s November, 1981 acquisition and eventual merger with Marathon Oil Company. The plaintiff here, Irving Starkman, was a Marathon shareholder until selling his shares on the open market for $78 per share on November 18, 1981, the day before U.S. Steel’s tender offer for 51% of Marathon’s outstanding shares at $12...
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Plaintiff-appellant Daniel Edward Bynum brought this product liability action in district court seeking damages for injuries sustained when a M-548 cargo carrier in which he was riding fell off a bridge and crashed into the creek below. At the time of the accident, Bynum was a member of the Mississippi National Guard taking part in a seventeen-day training mission at Fort Stewart, Georgia. The ...
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This class action suit arises out of the fall, 1981 contest for control of Marathon Oil Company which ended in a two-stage merger of Marathon into United States Steel (Steel), one of the largest mergers in United States history. The first stage involved a tender offer by Steel for 51 per cent of Marathon’s outstanding shares at $125 per share. The second stage was a “freezeout merger” — a merger i...
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Thomas E. Kelly and Associates (TEKA), Lab-Con, Inc., and Thomas E. Kelly (Kelly) appeal from the district court’s judgment awarding RRX Industries, Inc. general and consequential damages for breach of contract. Appellants challenge the district court’s fact findings on liability and con*545tend that the award of consequential damages was improper. We affirm. This action arises out of a computer s...
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OPINION OF THE COURT This is an appeal from an order of the district court granting summary judgment in favor of the plaintiff, Pittsburgh National Bank (“PNB”) in an action brought pursuant to the reimbursement provisions of the Right to Financial Privacy Act, 12 U.S.C. §§ 3401-3422 (1982). Subject matter jurisdiction is based on 12 U.S.C. § 3416 (1982). This court has jurisdiction pursu...
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OPINION Before me are post-trial motions in this antitrust class action. The defendant is Mercedes-Benz of North America, Inc. (“MBNA”), a wholly-owned subsidiary of Daimler-Benz, Aktiengesellschaft. 1 Plaintiffs are a certified class of consumer purchasers of nonwarranty repairs of Mercedes-Benz automobiles from 1970 to the present. 2 For the reasons set forth below...
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OPINION OF THE COURT The plaintiff, Dale Hall, appeals from the denial of his motion to vacate and reenter a final order dismissing his lawsuit in order to permit a timely appeal on the merits. This court has jurisdiction under 28 U.S.C. § 1291 (1982). I. On July 3,1984, the district court entered an order dismissing Hall’s sex discrimination suit against his employer, Community Mental Health Cen...
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695 S.W.2d 887 (1985) Franz H. PENNER and Katharina Penner, Lucille Penner, etc., et. al., Appellants, v. Richard A. KING, Director of Revenue, Respondent. Robert R. KING, Appellant, v. Richard A. KING, Director of Revenue, Respondent. Nos. 66657, 66658. Supreme Court of Missouri, En Banc. September 10, 1985. *888 Ezra Eli Borntrager, Kansas City, for appellants. John Ashcroft, Atty. Gen., Richar...
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This product liability case was brought by the plaintiff-appellant, Jay Outlaw, to recover damages for personal injuries suffered when a tire manufactured by the defendant-appellee, Firestone Tire and Rubber Company (Firestone), exploded while he was inflating it with air. At the close of the presentation of the plaintiffs evidence, the United States District Court for the Northern District of ...
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MEMORANDUM OPINION AND ORDER This action was commenced in state court in 1981. A Second Amended Complaint was filed in June, 1985 and the removal petition was filed within 30 days after it was received by the petitioner defendants. 28 U.S.C. § 1446(b). The Second Amended Complaint expressly asserted for the first time a claim under Title I of the Petroleum Marketing Practices Act (the “PM...
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OPINION Defendants move, pursuant to 9 U.S.C. § 3 (1970), for an order staying this action pending arbitration, or, in the alternative, pursuant to Rules 12(b)(6), 12(f) and 9(b), Fed.R.Civ.P., for an order dismissing plaintiffs’ amended complaint for failure to state a claim upon which relief can be granted. FACTS This is an action brought by plaintiffs, Eugene and Julia A. McM...
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Plaintiffs Robert W. Kelley and the class he represents appealed and defendant Metropolitan County Board of Education (Board) cross-appealed the district court’s award of attorney’s fees in this school desegregation case. Commencing on the heels of the landmark case of Brown v. Board of Education, 347 U.S. 483, 74 S.Ct. 686, 98 L.Ed. 873 (1954), the instant case has spawned volumes of court opinio...
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773 F.2d 798 54 USLW 2190 UNITED STATES of America, Plaintiff-Appellee,v.Richard A. GINSBURG, Defendant-Appellant. No. 84-1765. United States Court of Appeals,Seventh Circuit. Argued June 17, 1985.Decided Sept. 13, 1985. Scott Turow, Deputy Chief U.S. Atty., Dan K. Webb, U.S. Atty., Chicago, Ill., for defendant-appellant. Thomas A. Corfman, Chicago, Ill., for p...
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This appeal involves a certified class action brought under 42 U.S.C. § 1983 against the City of Chicago and certain individuals challenging the constitutionality of the City’s procedures for towing recovered stolen automobiles and seeking reimbursement to class members for towing and storage charges assessed against them by the City. The only named plaintiff, Coad Miller, owned a 1973 Volkswagen ...
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OPINION OF THE COURT In this appeal we review the appropriateness of the educational placement of a mentally and neurologically impaired child, pursuant to the Education of the Handicapped Act (“Act”), 20 U.S.C. §§ 1400-1461 (1982). The Board of Education of Parsippany-Troy Hills, Morris County, New Jersey (“Board”) appeals from the district court's final order requiring that the child, S...
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Hanson Trust FLC, HSCM Industries, Inc., and Hanson Holdings Netherlands B.V. (hereinafter sometimes referred to collectively as “Hanson”) appeal from an order of the Southern District of New York, 617 F.Supp. 832 (1985), Shirley Wohl Kram, Judge, granting SCM Corporation’s motion for a preliminary injunction restraining them, their officers, agents, employees and any persons acting in concert wit...
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The plaintiff, James Brown, appeals the district court’s holding that the Northern District of Illinois’ adoption of rules creating a trial bar to improve advocacy in the federal courts and to supervise the practice of law did not deprive him of property without due process of law. We Affirm. I The district court made the following findings of fact when granting the defendants’ summary judgment mo...
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Comprehensive Accounting Corporation (Comprehensive) appeals from the order of the United States District Court for the Eastern District of Michigan affirming the order of the bankruptcy court that confirmed the Chapter 13 plan of debtors Timothy R. Pearson and Mary T. Pearson. Comprehensive contends that the Pearsons are not eligible for relief under Chapter 13 because the Pearsons owed, on th...
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706 P.2d 411 (1985) The PEOPLE of the State of Colorado, County of Boulder, Plaintiff-Appellant, v. Steven Lee BERTINE, Defendant-Appellee. No. 84SA331. Supreme Court of Colorado, En Banc. September 30, 1985. *412 Alexander M. Hunter, Dist. Atty., John M. Haried, Richard F. Good, Deputy Dist. Attys., Boulder, for plaintiff-appellant. David F. Vela, Colorado State Public Defender, Cary C. Lacklen,...
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This is a consolidated appeal from two separate district court decisions that held unconstitutional certain procedures of the Federal Mine Safety and Health Review Commission (the “Commission”). The Rule, 29 C.F.R. § 2700.44, permits the Secretary of Labor to require that coal mine operators temporarily reinstate miners who allegedly had been terminated for seeking enforcement of mine safety regul...
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MEMORANDUM AND ORDER In this case of first impression, this Court is squarely faced with the following question: in an action brought pursuant to the Social Security Act, in which the plaintiff successfully establishes entitlement to both Title II disability insurance benefits (“DIB”) and Title XVI Supplemental Security Income benefits (“SSI”), and the government’s position is not substan...
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MEMORANDUM OPINION In this action, the plaintiff, Texas Employer Insurance Association (TEIA) seeks a declaratory judgment and a permanent injunction against the defendant, Leroy Jackson (Jackson) from continuing to assert and prosecute his suit against TEIA in the District Court of Jefferson County. For the reasons explained herein, plaintiffs Motion for Injunctive Relief is GRANTED. The pla...
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Yinod C. Bhan, a nurse anesthetist, appeals from the dismissal of his antitrust suit under Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief can be granted. Bhan argues that the district court erred in concluding that he lacked standing to sue under the antitrust laws. He disputes the ruling upon which the district court based its decision, that, as a matter of law accepting ...
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concurring: I concur fully in the majority opinion, except for Section B.l. I would hold that the district court clearly erred in finding that appellants “failed to establish any damage attributable to the infringement.” It seems evident to me that the inclusion of “Kismet” as a part of 1,700 performances of Hallelujah Hollywood served to reduce the market value of appellant’s property in the Las ...
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OPINION AND ORDER Richardson-Vicks Inc., the makers of Vicks Vaporub and other well known products, is resisting a takeover attempt by the Unilever Acquisition Corp., a newly-formed subsidiary of Unilever United States, Inc., owners of, among others, Lever Bros., a household products company, and Thomas J. Lipton, Inc., the tea and soup manufacturer. Richardson-Vicks is a publicly-held De...
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MEMORANDUM OPINION AND ORDER This matter is before the Court on the following motions: Plaintiffs Motion for Certification of Plaintiff Class, Defendants’ Motion for Summary Judgment or, in the Alternative, Motion to Dismiss, and Plaintiff/Intervenor’s Motion to Intervene as Plaintiff. PARTIES The Plaintiff in this action is a member in good standing of the Mississippi State Bar...
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OPINION INTRODUCTION Although summary judgment motions by the media in defamation actions are not entitled to any special enhancement, the underlying reasons for allowing such motions are particularly applicable in this type of matter. Summary judgments are designed to avoid the expense and time of trial and permit an early disposition where there are no genuine issues of material fa...
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OPINION AND ORDER Plaintiff Piano Remittance Corporation (“PMC”) brought this shareholder’s derivative suit on behalf of Walt Disney Productions Corporation (“Disney”) alleging that defendant Reliance Financial Services Corporation (“Reliance”) is liable to Disney under § 16(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78p(b) (1982), for profits it made on short-swing trading in Disne...
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MEMORANDUM AND ORDERS ON MOTIONS TO DISMISS AND MOTIONS FOR SUMMARY JUDGMENT I. DEFENDANTS’ MOTIONS TO DISMISS Defendants Eli Lilly and Company, E.R. Squibb & Sons, Inc., and Merck & Company, Inc. have filed motions to dismiss plaintiff’s second amended complaint which arises out of the alleged ingestion by plaintiff’s mother of diethylstilbestrol (“DES”) or DES-related compounds or ...
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OPINION This case is before the court on defendant’s motion for summary judgment and plaintiff’s opposition thereto. The question presented is whether plaintiff, First National Bank of Fort Worth (the bank), can recover from the United States the amount of a check drawn on the bank payable to *775the Internal Revenue Service (IRS), for which the bank gave its cashier’s check in the mistaken belief...
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Scandia Down Corp. franchises a nationwide chain of 56 stores selling bedding products, including down-filled comforters. Since 1976 its principal trademark has been a logo with its name and an outline of a goose. Scandia has spent more than $1.5 million in promotions using the trademark. This trademark is not registered, and accordingly questions of infringement concern common rather t...
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This cause comes to us on a petition to transfer from the First District Court of Appeals brought by Appellee State of Indiana. William Haskell Blalock was found guilty in the Franklin Circuit Court of dealing in marijuana, a class C felony. Ind. Code § 35-48-4-10(b)(2) (Burns 1985). Blalock was sentenced to a term of five (5) years and fined $500.00. The Court of Appeals found on direct a...
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OPINION OF THE COURT In this appeal we are asked to decide whether the district court erred in dismissing, prior to trial, a four count information against appellee Sidney Lee. The four count information was filed as a result of a trip that Lee had taken to New York and Washington, D.C. and for which he sought partial expense reimbursement from the Virgin Islands government. Lee, who at t...
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This case is before us on cross-appeals from an order of the district court, 591 F.Supp. 1247 (D.C.Va.1984), enjoining the state defendant William Lukhard, Commissioner of the Virginia Department of Welfare, from treating compensation derived from personal injuries as income for the purposes of determining eligibility for Aid to Families with Dependent Children (AFDC) benefits but denying the clas...
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772 F.2d 1513 54 USLW 2226, Fed. Sec. L. Rep. P 92,321 FLORIDA COMMERCIAL BANKS, Plaintiff-Appellant,v.Hugh F. CULVERHOUSE, Sr. and the John Doe Group, Defendants-Appellees. No. 84-5921. United States Court of Appeals,Eleventh Circuit. Oct. 7, 1985. Paul J. Levine, Richard J. Bischoff, John S. Fletcher, Gary S. Koenigsberg, Robert M. Brochin, Morgan, Lewis & Boc...
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706 P.2d 1258 (1985) TRAVELERS INSURANCE COMPANY, Petitioner, v. William A. SAVIO, Respondent. No. 83SC316. Supreme Court of Colorado, En Banc. September 30, 1985. Rehearings Denied October 21, 1985. *1260 Law Firm of Thomas J. de Marino, Thomas J. de Marino, James R. Florey, Jr., Denver, for petitioner. Ranson, Thomas & Yukawa, Jon C. Thomas, Colorado Springs, for respondent. Knapp, Lee &...
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OPINION OF THE COURT The Bankruptcy Rules, like the Federal Rules of Civil Procedure encourage the use of sanctions to put a damper on litigation tactics that pervert the judicial system. In this case, after finding that a chapter 11 petitioner had wrongfully invoked the court’s process, a bankruptcy judge directed the payment of counsel fees to a creditor. We agree with the district court that...
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ORDER On June 17, 1985, the United States Magistrate filed an order imposing sanctions upon Joseph Oat Corporation and its insurer, National Union Fire Insurance Company of Pittsburgh, for their failure to comply with the magistrate’s oral order of December 14, 1984, which was reduced to writing and entered on December 18, 1984. Joseph Oat and National Union Fire Insurance Co. have filed “objecti...
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Clausewitz once described war as politics carried on by other means. Here it could be said that litigation is war carried on by other means. The plaintiff’s faction having lost on the battlefield, she now seeks to move the conflict to the courtroom, hoping that, in this case at least, the pen is mightier than the sword. In July 1979, the Nicaraguan government of General Anastasio Somoza fell to th...
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This appeal was brought initially by Janice Cook, Gloria Cook, and Mary Cook, plaintiffs below, and the National Association for the Advancement of Colored People, Inc. (NAACP), as intervening plaintiff. On their application for an order dismissing the appeal as to them, the court has dismissed the Cooks from the case. This leaves the NAACP as the sole remaining appellant. The district court di...
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IT IS ORDERED that the motion of petitioners for reconsideration of Petition for Writ of Mandamus and Prohibition is DENIED. The Court has considered the motion for reconsideration, and supporting memoranda, of petitioners Gannett News Service, Inc., et al., and has also considered the opposition thereto of Governor Edwin Edwards, Marion Edwards, and Gus Mijalis, and of Ronald Falgout, all of w...
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Petitioner Gerald Wayne Phelps was convicted in the Superior Court of Vanden-burgh County, Indiana, of rape and kidnapping in 1974. He received concurrent sentences of two to twenty-one years and life imprisonment, and his conviction was affirmed unanimously by the Indiana Supreme Court. 266 Ind. 66, 360 N.E.2d 191 (1977), certiorari denied, 434 U.S. 844, 98 S.Ct. 146, 54 L.Ed.2d 110. In 1978 peti...
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The question on this appeal is whether Congress violates due process when it first enacts a law having retroactive application and then — after having second-thoughts— rescinds it. This case, one of the many disputes engendered by the Multiemployer Pension Plan Amendments Act of 1980 (MPPAA or Act), pits a multiemployer pension benefit fund against an employer that has withdrawn from the fund. Whe...
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American Electronic Laboratories (AEL) appeals from the decision of the Armed Services Board of Contract Appeals (Board), which affirmed the contracting officer’s denial of AEL’s claim. For the reasons set forth below, we reverse the Board’s decision and remand the case for proceedings consistent with this opinion. BACKGROUND Since a full and complete statement of facts relevant to this case ...
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Owens-Corning Fiberglas Corporation (OCF) appeals from the decision of the United States Patent and Trademark Office’s Trademark Trial and Appeal Board (the Board) affirming the examining attorney’s denial of registration of the color “pink” as a trademark for fibrous glass residential insulation. We reverse. I. Alleging use in commerce since 1956, OCF applied on January 25, 1980, application Seri...
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This appeal is from the March 15, 1984, final judgment of the United States District Court for the Western District of Oklahoma, entered on a jury verdict, finding that Lang Tools, Inc. (Lang Tools), infringed Power Lift, Inc.’s (Power Lift) U.S. patent No. 4,305,467 (’467) entitled “Blow-out Preventer Lift System and Method,” issued to Douglas F. Villines’ assignor, Power Lift, and that Wendel...
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The issue presented is whether under the Bail Reform Act of 1984, 18 U.S.C. § 3142, a district court,1 on review of a defendant’s appeal for a reduction of a magistrate’s bond order, may on its own motion call for a detention hearing and order a defendant detained pending trial. A panel of this court held that the district court is without the authority to do so. We granted rehearing en banc and w...
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concurring. In Pulitzer v. Chapman, 337 Mo. 298, 85 5.W.2d 400 (1935), this Court followed the weight of existing authority in holding that extrajudicial statements not made by a party to the suit were hearsay and not admissible. The Court stated: It is true the rule generally is said to be that prior contradictory statements of a witness may be shown only for the purpose of impeachment. The reaso...
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This dispute arises out of aborted discovery proceedings. On defendants’ motion to impose sanctions, the United States District Court for the District of Wyoming issued a show cause order to the plaintiffs and their attorneys directing them to appear and show cause, if they could, why plaintiffs’ cause of action should not be dismissed with prejudice, and to show further cause why sanctions, inclu...
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Conoco brought this diversity action against Inman Oil Company (Inman Oil) and Ronald C. Inman, individually, for recovery of monies due Conoco for petroleum products delivered to the defendants. At trial Inman Oil asserted eight counterclaims, including allegations of federal and state antitrust violations, tortious interference with business relationships, breach of contract and misrepresenta...
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OPINION Plaintiff Aireo Industrial Gases (“Aireo”) instituted this action against the Teamsters Health and Welfare Pension Fund of Philadelphia and Vicinity (“Fund”) to recover payments mistakenly made to the Fund. Plaintiff alleges causes of action under sections 301 and 302 of the Labor Management Relations Act (“LMRA”), as amended, 29 U.S.C. §§ 185, 186, section 403(c) of the Employee ...
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775 F.2d 1107 54 USLW 2243, 227 U.S.P.Q. 577 SRI INTERNATIONAL, Appellant,v.MATSUSHITA ELECTRIC CORPORATION OF AMERICA and MatsushitaElectric Industrial Co., Ltd., Appellees. Appeal No. 84-1637. United States Court of Appeals,Federal Circuit. Oct. 16, 1985. Edward B. Gregg, Gregg, Caplan & Higgins, Menlo Park, Cal., argued for appellant. Daniel Ebenstein, A...
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The United States Postal Service appeals the judgment of the United States District Court for the Eastern District of Tennessee declaring that certain postal regulations which accord second-class mailing privileges only to newspapers with at least fifty percent paid subscribers violate the First and Fifth Amendments. On appeal, the appellants contend that the district court was without jurisdictio...
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MEMORANDUM OPINION The Court has before it the Motion of Defendant, U.S. Rubber Reclaiming Company, Inc., (“U.S. Rubber”) for Summary Judgment. The issue presented by U.S. Rubber’s Motion is whether workers’ compensation bars an action by an injured employee against his employer who designed the machine which allegedly injured the Plaintiff, Freddie Rader, (“Rader”). FACTS In September 1984, Rader...
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OPINION OF THE COURT In this appeal, we conclude that in Social Security disability cases a district court is authorized by the Act to approve counsel’s requests for fees from the claimant’s award only for services performed in court. Compensation for work performed in the administrative phase must be determined separately by the Secretary. The claimant’s attorney applied to the district cour...
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William F. Shidler and Glen F. Nelson and their wives appeal a final judgment of the district court rejecting their claims against All American Life & Financial Corporation. Appellants’ claims arise out of a cash-out merger of shareholders of common stock of the General United Group, Inc. Appellants contend that the merger was accomplished in violation of various Iowa statutes and common law, a...
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The issue before us is whether, under Louisiana law, one of two joint tortfeasors who compromises the claim against him and receives a release in which the injured plaintiff reserves his rights against the nonsettling tortfeasor has a cause of action against that joint tortfeasor on the basis of contribution, indemnity, subrogation, or unjust enrichment. We conclude that, under Louisiana’s code...
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*537OPINION OF THE COURT This case presents the question whether we have appellate jurisdiction over an order of a district court imposing a monetary sanction against an attorney pursuant to Fed.R.Civ.P. 11 where the sanctionee has since withdrawn his appearance in favor of substituted counsel and the district court has not yet entered a final judgment in the underlying action. For the reasons th...
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Kelli Schmidt, 15, was called by the grand jury as a witness in an investigation that could implicate her mother in a plot to murder her father. Kelli's mother hired a lawyer to represent both of them. The prosecutor moved to disqualify Kelli’s lawyer on the ground that anyone representing both Kelli and her mother has a conflict of interest and that Kelli, a minor in her mother’s custody, cann...
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OPINION This habeas corpus petition presents several questions, one more interesting than those typically raised following a state felony conviction. The petitioner asserts that he was denied a fair trial because of the prosecutor’s discriminatory use of peremptory challenges during jury selection. Despite this controversial issue, we conclude that the petition must be denied. I. BACKGROUND ...
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On January 4, 1985, the United States District Court for the District of Maryland issued an order denying appellant’s motion to quash a grand jury subpoena served upon his attorney. The subpoena instructed his attorney to produce certain documents and records regarding fees paid by or on behalf of appellant for his attorney’s legal representation of appellant in connnection with a narcotics con...
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DECISION The complaint in this diversity action asserted claims for compensatory and punitive damages for libel, slander, invasion of privacy, trespass and assault and battery. The claims arose out of the May 22, 1979 broadcast by WCBS-TV of a report about the dumping of chemical wastes on a certain lot adjacent to Avenue P in Newark, New Jersey. The report was prepared by Arnold Diaz, th...
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Plaintiffs Viola Moody, George Bawgus et al. appeal orders of the district courts granting judgment for the United States in plaintiffs’ actions pursuant to the Federal Tort Claims Act, 28 U.S.C. §§ 1346, 2671 et seq. claiming negligent supervision and inspection of their homes by employees of the Farmers Home Administration (FmHA) pursuant to the Housing Act of 1949. We affirm. I. A. O...
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Plaintiff, Virginia A. Curry, appeals from an order of the district court granting the defendant A.H. Robins’ (“Robins”) motion to dismiss Counts I and II of Curry’s complaint as being barred by the appropriate statutes of limitations and Robins’ motion to recover the costs and attorneys’ fees incurred by Robins in its defense of Count III of Curry’s complaint, previously dismissed in the district...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This is an action for service mark infringement and unfair competition. Plaintiff contends that Defendant’s use of the designation “AAA” in its insurance business is likely to cause confusion and constitutes infringement of Plaintiff’s federally registered service marks under Section 32(1) of the Lanham Act, 15 U.S.C. § 1114(1), and that such use vi...
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Plaintiff Carolyn Robinson, convicted of larceny in state court and ordered, as a condition of the probation to which she was sentenced, to repay the amount wrongfully received to the Connecticut Office of Adult Probation (“COAP”), appeals from a judgment of the United States District Court for the District of Connecticut, T.F. Gilroy Daly, Chief Judge, declaring that her obligation to make the cr...
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774 F.2d 1073 54 USLW 2257, 13 Collier Bankr.Cas.2d 910,13 Bankr.Ct.Dec. 998,Bankr. L. Rep. P 70,827 In re Zelda MOOG, Debtor-Appellant. No. 85-8135. United States Court of Appeals,Eleventh Circuit. Oct. 29, 1985. Thomas P. Stamps, Atlanta, Ga., for debtor-appellant. Appeal from the United States District Court for the Northern District of Georgia. Befor...
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This is an appeal of an order granting the defendants’ motion for summary judgment, upholding an Orlando, Florida, ordinance which requires as a condition for the granting of a permit for persons wishing to use the public streets and parks for demonstrations, the prepayment of fees for additional police protection. For the reasons set forth herein, the Orlando city ordinance on its face, as well a...
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This appeal from denial of a petition for a writ of habeas corpus concerns the systematic use of peremptory challenges, in a single criminal prosecution, to excuse members of a jury venire from service on a state petit jury solely on the basis of their race. The decisive legal issues are whether the selection of the jury by the prosecutor and defense counsel violated either the Fourteenth Amend...
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OPINION OF THE COURT Appellant Student Coalition for Peace, a student organization at Lower Merion High School, appeals from the district court’s denial of its request for a permanent injunction ordering the appellee School Board to permit it to use school property for a “Peace Fair.” Appellant rests its claim on the First Amendment and the recently-enacted Equal Access Act, 20 U.S.C.A. §§ 4071 e...
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The question presented in this case is whether the government’s lawful seizure of a house in connection with pending civil forfeiture proceedings entitles the government to conduct an inventory search of the house’s contents over the objection of a tenant occupying the home. We conclude that it does not and thus affirm the decision of the district court. I. FACTS AND PROCEDURAL HISTORY ...
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This case presents a familiar problem in commercial law. Separate warranty provisions limited a buyer’s remedies for defective goods to the repair or replacement of parts and limited the buyer’s recoverable losses from defective goods by disclaiming seller responsibility for consequential damages. The goods in fact were defective, the seller could not repair, and the buyer suffered catastrophic...
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619 F. Supp. 1262 (1985) Joseph ONESTI, Anna Onesti, and J. Onesti & Sons, Inc., an Illinois corporation, Plaintiffs, v. THOMSON McKINNON SECURITIES, INC., Richard M. Harris and Touche Ross & Co., Defendants. No. 85 C 4375. United States District Court, N.D. Illinois, E.D. October 7, 1985. *1263 Edward A. Berman, Jerome J. Roberts, Kathleen C. White, Berman, Roberts & Kelly, Chicago, ...
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OPINION OF THE COURT This appeal presents another variation of the question whether the court or contractual arbitration is the proper forum for resolving pensioners’ ERISA claims. In this case, although an arbitrator had ruled in favor of most of their plan interpretation contentions, plaintiff pensioners nonetheless pressed their allegation of statutory violations in the district court....
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This case involves a challenge to the constitutionality of disparate reimbursement, under the Medicare program, of urban and rural medical care providers. Plaintiffs-appellants are eleven non-profit *595 hospitals that have been classified as “rural” health care providers under the new Medicare Prospective Payment System. They complain that the Department of Health and Human Services’ system fo...
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The Garcias sued the federal government and its agencies under the Federal Tort Claims Act alleging negligence in the su*117pervision of a military recruiter who is alleged to have engaged in sex acts with Evelyn Garcia, a young potential recruit. The district court dismissed the complaint holding that the government has not consented to claims arising out of assaults and batteries. We affirm. I B...
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ORDER This matter is before the court on counterclaim-plaintiff’s (“Landau”) motion for Rule 11 sanctions against the counterclaim-defendants (“Martinez”) for the filing and subsequent withdrawal of their motion to dismiss the counterclaim. Both sides have briefed the motion. For the following reasons, the motion will be denied. This case arises out of the dealings between Martinez and Landau und...
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OPINION OF THE COURT This is an appeal from a judgment of the District Court of the Virgin Islands affirming a judgment of conviction by the Territorial Court of the Virgin Islands against appellant Sheldon Grant on charges of assault in the third degree, V.I.Code Ann. tit. 14, § 297(2) (1971), and possession of a dangerous weapon during a crime of violence, id. § 2251(a)(2)(B)...
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*1080 RULING ON DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT This is a civil action brought by Norco Industries, Inc. (Norco), against Mecca Development, Inc. (Mecca), alleging in separate counts Mecca’s (1) infringement of United States Design Patent No. 246,109 (Patent 109); (2) breach of a sales contract; and (3) unfair competition by virtue of false designation of origin i...
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The Crown Enterprises, Inc. (“Crown”) appeals from the District Court’s orders allowing intervention and awarding attorney’s fees in the action filed by the Secretary of the Department of Labor (“the Secretary”) under the Employee Retirement Income Security Act of 1974 (“ERISA”), as amended, 29 U.S.C. §§ 1001-1461. The Secretary filed suit against the trustees of four different but related pens...
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774 F.2d 1309 54 USLW 2280, 19 Fed. R. Evid. Serv. 356,Prod.Liab.Rep.(CCH)P 10,755 Dawn MUZYKA, Plaintiff-Appellant,v.REMINGTON ARMS CO., INC., Defendant-Appellee. No. 84-1212. United States Court of Appeals,Fifth Circuit. Oct. 25, 1985. Joe K. Longley, Austin, Tex., Jack Welch, Marlin, Tex., Mark L. Kincaid, Austin, Tex., for plaintiff-appellant. Hilton H. How...
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This is a trademark action. Loretto Winery appeals from an order of the district court preliminarily enjoining it from, inter alia, using the name “California Special Cooler” or any other name confusingly similar to “California Cooler.” California Cooler is the name of the product marketed by plaintiff-appellee, California Cooler, Inc. Because we reject Loretto’s novel contention tha...
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OPINION This court is called upon to resolve an intrafamily dispute arising from the sale of 1,018,540 shares of Associated Communications Corporation (ACC) stock. Plaintiffs, members of the Louis Berkman family, argue that defendants, members of the Jack Berkman family, induced the sale by making fraudulent representations and omissions in violation of state law and Section 10(b) of the ...
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MEMORANDUM and ORDER In this case of first impression, AMF Incorporated seeks to compel Brunswick Corporation to comply with their agreement to obtain a non-binding advisory opinion in a dispute over the propriety of advertising claims. For reasons indicated below, the agreement to utilize an alternative dispute resolution mechanism must be enforced. I. FACTS AMF and Brunswick c...
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(dissenting). A doctor turns from an x-ray viewer and faces his television audience. His nurse is at his side. The doctor says he has “see[n] firsthand, injuries caused by the neglect of others,” and, if the viewer has suffered such an injury, he “should be talking to a lawyer.” The scene immediately switches to an office, presumably that of a lawyer. A background voice says: If you’re injured thr...
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OPINION OF THE COURT This is an appeal from a final order denying the press access to a portion of a bill of particulars under seal pursuant to court order, 602 F.Supp. 388.1 While we cannot agree with the district court’s legal analysis, we affirm its decision because we conclude that the risk of serious injury to third parties from disclosure outweighs the interest of the public in access to th...
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After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed.R. App.P. 34(a); Tenth Circuit R. 10(e). The cause is therefore ordered submitted without oral argument. This is a case which was disposed of by the trial court without a trial as the result of a f...
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These two cases involve actions for personal injuries brought against various manufacturers of asbestos. containing insulation products. Although the two cases have been consolidated on appeal, given the number and complexity of the issues raised by each case, we will analyze each ease separately. I. CAVETT v. JOHNS-MANVILLE SALES CORPORATION This appeal arises out of an action brought by plaintif...
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This is an action for damages caused by defendants’ alleged violations of the Constitution of the United States. The complaint alleges, among other things, that the defendants seized and confined plaintiffs within an “armed perimeter” by the unlawful use of military force, and that this conduct violated not only a federal statute but also the Fourth Amendment. The use of federal military force, pl...
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Memorandum This is a motion by defendants, City of Chicago (“City”), and Thomas Kapsalis, Commissioner of Aviation of the City of Chicago, to strike plaintiffs’ claim for antitrust damages. The complaint alleges that City and certain unlicensed suburban liveries (“Suburban”) 1 conspired to foreclose plaintiffs from the market of walk-up passengers at O’Hare Airport by establish...
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The defendants were convicted of extortion in violation of the Hobbs Act,, and of conspiracy to commit extortion in violation of that statute. Since the only claimed actual effect upon interstate commerce was pretensive activity by FBI agents, we reverse the convictions of the substantive offenses but affirm the convictions on the conspiracy count. I. An FBI agent named Domine was sent from Clevel...
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This appeal presents a single issue certified by the district court for interlocutory appeal pursuant to 28 U.S.C.A. § 1292(b). The district court held that any acceptable plan for ensuring Florida prisoners meaningful access to the courts as required by Bounds v. Smith, 430 U.S. 817, 97 S.Ct. 1491, 52 L.Ed.2d 72 (1977), must include a provision for the assistan...
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This litigation arises out of the April 8, 1982 merger of Associated Madison Companies, Inc. (“Associated”) into AC Financial Services, Inc., a wholly-owned subsidiary of American Can Company (“American Can” or “American”). Before the merger, American Can, a New Jersey corporation, was engaged in a variety of enterprises, including the manufacture of cans and different paper products. Through i...
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776 F.2d 1034 54 USLW 2292, 227 U.S.P.Q. 848 Leo J. FREGEAU, Appellant,v.Gerald J. MOSSINGHOFF, Appellee. Appeal No. 85-649. United States Court of Appeals,Federal Circuit. Nov. 7, 1985. Robert A. Vanderhye, Cushman, Darby & Cushman, Washington, D.C., argued for appellant. Richard E. Schafer, Associate Sol., U.S. Patent and Trademark Office of Arlington, Vi...
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In an opinion filed this date the Court has stated its findings of facts and conclusions of law with respect to the liability aspects of this school and housing desegregation case. We address in this opinion the issues raised by the application of the Special Master, Alexander D. Forger, Esq., for an allowance of fees. At a pretrial conference in the fall of 1982 this Court raised with counsel the...
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concurring in part and dissenting in part in which FAY and ANDERSON, Circuit Judges, join: I join in the majority’s affirmance of the district judge’s dismissal of Judge Hosemann from this case because I find that, in addition to being immune from a section 1983 suit, Parratt v. Taylor, 451 U.S. 527, 101 S.Ct. 1908, 68 L.Ed.2d 420 (1981), mandates that the suit against him be dismissed. I dissent,...
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The Secretary of Labor appeals the district court’s approval of a comprehensive settlement of actions brought by participants in the Central States Southeast and Southwest Areas Pension Fund (CSPF) alleging that the benefit structure and investment management of the CSPF were illegal and that past investment mismanagement gave rise to a derivative action on behalf of the CSPF against other defenda...
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OPINION OF THE COURT This class action involves a challenge to certain regulations employed by the Social *1145Security Administration (SSA) when it determines that incorrect sums of money were disbursed to beneficiaries. The challenged regulations provide that where SSA ascertains that a beneficiary was both underpaid and overpaid at various times in the past, the agency may “net” the amounts to...
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MEMORANDUM AND ORDER This case is a class action challenge to the Illinois parole revocation system. The court granted preliminary injunctive relief in an earlier opinion, Faheem-el v. Klincar, 600 F.Supp. 1029 (N.D.Ill.1984). It must now consider whether plaintiff and the class he represents are entitled to preliminary injunctive relief on the issue of the State’s denial of bail to all alleg...
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William M. Stevenson was convicted of burglary in the Superior Court of DeKalb County, Georgia. After exhausting his state post-conviction remedies, he filed this petition for a writ of habeas corpus in the United States District Court for the Northern District of Georgia alleging ineffective assistance of counsel. The district court found no merit to his claims and denied the writ. He appeals tha...
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Three former Honolulu City Councilmen and their supporters seek emergency relief to allow the councilmen to run in a special election to fill the vacancies created by their recent recall from office. The city clerk maintains that the councilmen are barred from running in the special election by a provision of the city charter that disqualifies recalled city officials from election or appointment t...
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480 So.2d 625 (1985) Clarence H. JOHNSON and Dana Johnson, His Wife, Petitioners, v. Morton DAVIS and Edna Davis, His Wife, Respondents. No. 65330. Supreme Court of Florida. October 31, 1985. Rehearing Denied January 20, 1986. *626 Mitchell W. Mandler and Patricia M. Silver of Smith & Mandler, Miami Beach, for petitioners. Stanley M. Newmark, Joe N. Unger of the Law Offices of Joe N. Unger, M...
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This is an appeal from a July 26, 1983 judgment of the United States Claims Court dismissing Lemelson’s complaint under 28 U.S.C. § 1498 and finding non-infringement of claim 1 of U.S. Patent No. 3,481,042 (the ’042 patent), claim 15 of U.S. Patent No. 3,226,833 (the '833 patent), and claim 12 of U.S. Patent No. 3,636,635 (the ’635 patent) by the government’s use of certain coordinate measuring...
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MEMORANDUM Background and Procedural History This case is brought by the City of Harrisburg (hereinafter referred to as Harrisburg or the City) against Bradford Trust Company (Bradford), a New York financial and banking institution. The Complaint, filed on April 1, 1985, alleges violation of the federal securities laws, Section 10(b) of the Securities and Exchange Act, 15 U.S.C. ...
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The Federal Home Loan Bank Board (Bank Board) brought this action for declaratory and injunctive relief against defendants Oklahoma Banking Commissioner and Oklahoma Attorney General. The Bank Board sought a declaration that Oklahoma officials have no authority to interfere with the Bank Board’s exclusive right under federal law to regulate all aspects of the operation of federally chartered savin...
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Lawrence Kates brought suit charging Crocker National Bank with violations of the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.), Unfair Business Practices *1397 (Cal.Bus. & Prof.Code § 17200 et seq.), and Invasion of Privacy. These claims were based on Crocker’s conduct in sending notice to Kates that he might be the subject of a future investigative co...
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John A. Newman, an attorney practicing law in St. Louis, Missouri, brought this action against Irwin Schiff of Hamden, Connecticut, alleging breach of contract. Newman claimed that Schiff had made a public offer of reward to anyone who could cite any section of the Internal Revenue Code that says an individual is required to file an income tax return. Newman asserted that he accepted Schiff’s o...
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MEMORANDUM OPINION INTRODUCTION Plaintiffs, Public Citizen Health Research Group and its director, Sidney Wolfe, M.D., seek disclosure under the Freedom of Information Act (FOIA) of records which indicate the subject matter and interagency transmittal dates of proposed food and drug regulations pending either at the Department of Health and Human Services (HHS) or the Office of Manag...
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622 F. Supp. 842 (1985) SIERRA CLUB, a nonprofit California corporation, Plaintiff, v. John BLOCK, in his original capacity as Secretary of Agriculture and Max Peterson, in his official capacity as Chief of the Forest Service, Federal Defendants, and Mountain States Legal Foundation, a nonprofit Colorado corporation on behalf of named and unnamed members; Colorado Cattlemen's Association, a nonpr...
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621 F.Supp. 880 (1985) NATIONAL FOOTBALL LEAGUE and St. Louis Football Cardinals, Inc., Plaintiffs, v. McBEE & BRUNO'S, Jerrald Guttmann, Michael Badalamenti, Frank & Frank, Inc. and Talayna's of South St. Louis Inc., Defendants. No. 84-2692 C (5). United States District Court, E.D. Missouri, E.D. October 2, 1985. Order September 13, 1985. *881 *882 Robert E. Wallace, Jr., Jim J. Shoemake...
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OPINION This antitrust action arises out of patent infringement litigation brought by a patentee, Jerome H. Lemelson, against the United States. The infringement action, which was commenced in the Court of Claims on September 4, 1979, alleged that the government’s use of certain, coordinate measuring machines (“CMMs”), purchased from suppliers other than Lemelson, infringed on his patent ...
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MEMORANDUM OF DECISION AND ORDER This is the second round of a controversy between News Group Publications, Inc., publisher of the New York Post (“the Post”), and a group of retail distributors (hereinafter “plaintiffs”) who undertook home delivery (by carrier boys) of the Post in areas of Kings, Queens, Nassau, and Suffolk Counties formerly served by the defunct Long Island Press. In the...
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MEMORANDUM OPINION AND ORDER I. Introduction This is a case in which each of the relevant actors asserts that it is truly concerned with furthering the interests of a takeover target’s shareholders. The hostile tender offeror argues that it is concerned with giving the target’s shareholders the highest price for their equity. The “white-knight” argues that it has secured, for...
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dissenting in part and concurring in part: I respectfully dissent from Part II of the majority opinion. Part II of the majority opinion adopts “at least” a five-part test for purposes of determining whether there was sufficient attenuation between Briggs’s statements of January 4, 1980, and the challenged evidence obtained through Martin. At 917. The majority then remands the case for findings con...
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This appeal is from the judgment entered July 30, 1984, by the United States District Court for the Central District of California granting summary judgment to appellee Interpart Corporation (Interpart) and holding that United States Design Patent No. 263,130 for “Rear View Mirror,” assigned to appellant Irnos Italia, Vitaloni, S.p.A., et al. (Vitaloni), is invalid and not infringed by Interpar...
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Appeal from a judgment of the United States District Court for the Central District of California declaring claims 1-4 of U.S. Patent No. 3,983,569 to James Hubbard and Charles Erdman (‘569 patent) invalid for obviousness and not infringed and dismissing the counterclaims of Graphic Controls, Inc. (GC). for infringement and unfair competition.. .224 USPQ 976 (C.D. Cal.1984). We affirm. Background...
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622 F. Supp. 931 (1985) LUCASFILM LTD., Plaintiff, v. HIGH FRONTIER, et al., Defendants. LUCASFILM LTD., Plaintiff, v. COMMITTEE FOR A STRONG, PEACEFUL AMERICA, et al., Defendants. Civ. A. Nos. 85-3609, 85-3668. United States District Court, District of Columbia. November 26, 1985. *932 Arthur J. Levine, Laurence R. Hefter, Jay L. Witkin, Philip J. Moy, Thomas W. Gorman, Washington, D.C., for pla...
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622 F. Supp. 226 (1985) The SOUTH CAROLINA NATIONAL BANK, Plaintiff, v. Virginia L. DARMSTADTER, Defendant. Civ. A. No. 6:84-2466-14. United States District Court, D. South Carolina, Greenville Division. November 18, 1985. Jennings L. Graves, Jr., Love, Thornton, Arnold & Thomason, Greenville, S.C., for plaintiff. James R. Gilreath, Greenville, S.C., for defendant. ORDER WILKINS, District Ju...
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Bernard E. Rumery, Jr. (“appellant”) appeals from a judgment entered April 30, 1985 in the District of New Hampshire, Martin F. Loughlin, District Judge, granting defendants’ motion to dismiss appellant’s § 1983 claim and various pendent state law claims. The district court dismissed the complaint based on appellant’s prior execution of a covenant not to sue, negotiated in exchange for the stat...
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Peabody Coal Company (“Peabody”) petitions this court for review of a grant of benefits to Harry Huber, a coal haulage truck driver, under the Black Lung Benefits Act (“Act”) (Title IV of the Federal Coal Mine Health and Safety Act) codified as amended at 30 U.S.C. §§ 901-960. In support of its petition, Peabody advances three arguments: (1) the Secretary of Labor (“Secretary”) exceeded his statu...
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479 So.2d 891 (1985) Ulmer G. WILSON v. The CITY OF NEW ORLEANS. No. 85-C-0712. Supreme Court of Louisiana. December 2, 1985. *893 Guy E. Wall, Alan H. Katz, Gordon, Arata, McCollam, Stuart & Duplantis, New Orleans, for plaintiff-applicant. Salvador Anzelmo, City Atty., Thomas Milliner, Asst. City Atty., for defendant-respondent. DENNIS, Justice. The issue in this case is whether the Due Proc...
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This case arises out of the conversion by amendment of defendant Velsicol Chemical Corporation’s defined-contribution deferred profit-sharing plan (the “Former Plan”)1 into a defined-benefit pension plan (the “Present Plan”).2 Plaintiff Robert C. Hiekerson brought this action individually and on behalf of a class consisting of all Velsicol employees who were participants in the Former Plan at the ...
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The main issue presented by this appeal is whether entireties property may be exempted under § 522(b)(2)(B) of the Bankruptcy Code1 when an individual debtor schedules debts owed jointly with his or. her spouse. We hold that in Maryland such property is not exempt to the extent of joint claims. I. The debtor, Michael Eugene Sumy, filed a voluntary individual petition under Chapter 7 of the Bankrup...
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I. This action is brought by the Association of Retail Travel Agents, Ltd. (ARTA), against the Air Transport Association of America (ATA), its member air carriers, and members of the ATA board of directors. The Airlines Reporting Corporation (ARC) program is run by ATA and coordinates the dealings between the airline members and the travel agencies with which the members deal. ARTA alleges that...
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Plaintiff suffered a verdict directed for defendants in an action for damages for personal injuries sustained in a motor vehicle collision. The court of appeals reversed and remanded the judgment by an opinion which held that plaintiffs memory refreshed from hypnotic concentration may be admitted to make a submissible case. This Court transferred the case on application of defendants. The judgment...
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777 F.2d 1561 54 USLW 2331, 227 U.S.P.Q. 977 Dominique DUBOST, Appellant,v.U.S. PATENT AND TRADEMARK OFFICE, Appellee. Appeal No. 85-761. United States Court of Appeals,Federal Circuit. Nov. 22, 1985. Marsha G. Gentner, Fleit, Jacobson, Cohn & Price, of Washington, D.C., argued for appellant. With her on brief was Martin Fleit, Washington, D.C. Harris A. P...
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This appeal involves an application of the federal law governing a State’s offset of Social Security retirement benefits against unemployment compensation. Indiana is the State involved here. The same question has been presented in the Sixth and Ninth Circuits and decided in favor of the offset. Bowman v. Stumbo, 735 F.2d 192 (6th Cir.1984) and Rivera v. Becerra, 714 *355F.2d 887 (9th Cir.1983), c...
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OPINION This is an action brought pursuant to the Investment Company Act of 1940, as amended, 15 U.S.C. § 80a-1 et seq. (“ICA”). Defendants T. Rowe Price Associates, Inc. (“Price Associates”), Carter O. Hoffman, Edward A. Taber III and George J. Collins move pursuant to Rule 12(b)(6), Fed.R. Civ.P., for an order dismissing Count III of the Third Amended Complaint. Defendants ar...
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ORDER Is the Appellant a “farmer”? No — not for bankruptcy purposes. Therefore, he can be placed in involuntary bankruptcy under Chapter 7. This appeal from a bankruptcy court decision presents the issue of whether the appellant, Bernard Armstrong, is a “farmer” under the Bankruptcy Code (Code) and, if not, whether he can be adjudicated a debtor under Chapter 7 o...
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dissenting: I respectfully dissent. In this original proceeding, the majority, in addressing a federal issue, has placed limitations on the absolute immunity that prosecutors are granted when claims are made against them under 42 U.S.C. § 1983 (1982). In my view, the defendants, deputy district attorneys Florey and Miller, are absolutely immune from liability for: (1) approving the photo identific...
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The City of New York appeals from a judgment entered by Judge Brieant (S.D. N.Y.) following a bench trial, declaring that New York Election Law § 6-162 violates both the Equal Protection Clause of the fourteenth amendment to the U.S. Constitution, and Section 2 of the Voting Rights Act, 42 U.S.C. § 1973.1 Judge Brieant’s order permanently enjoined the City from giving effect to § 6-162, more commo...
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We reaffirm today the settled constitutional rule that state agencies may pursue legitimate purposes by any means having a conceivable rational relationship to those purposes. A decision that passes constitutional muster under the rational-basis test does not violate the equal protection clause simply because it violates a state anti-discrimination statute. I Five osteopaths were denied staff priv...
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This suit was brought by the buyer of a condominium unit seeking rescission of its contract to purchase the unit and the return of its deposit pursuant to the Interstate Land Sales Full Disclosure Act (ILSFDA), 15 U.S.C. §§ 1701-1720 (1982). The district court granted the seller’s motion for final summary judgment, concluding that the ILSFDA is not applicable to the sale of condominiums or, if the...
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INTRODUCTION These facts show how rare and difficult it is rationally and logically to com *1457 bine all the several parts of legisla tion. 1 We review the district court’s construction of a recent federal statute, The Product Liability Risk Retention Act of 1981. 2 Most immediately at issue is the validity of an insurance marketing ...
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OPINION OF THE COURT Appellant Bernardo J. Penturelli purchased 28 fractional undivided working interests in the Addison Development, a coal mining operation in Pennsylvania. Claiming to have been defrauded in the sale, Penturelli brought this suit against twenty-five defendants, alleging causes of action under the federal securities law, the Racketeer Influenced and Corrupt Organization Act (RIC...
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OPINION OF THE COURT In April 1981, plaintiff Frank Kuehner and a number of other Pennsylvania citizens filed a civil action in the district court for the Eastern District of Pennsylvania on behalf of themselves and a class consisting of all Pennsylvania residents whose disability benefits had been terminated or threatened with termination by the Social Security Administration. The gravamen of pl...
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The Equal Access to Justice Act (EAJA) 1 authorizes a district court to award an attorney’s fee to an individual who prevails in a suit in which the Government is the opposing party and in which the Government’s litigating position was not “substantially justified.” To obtain such a fee, the prevailing party must make application therefor within thirty days of the entry of final judg...
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OPINION Plaintiffs-appellants appeal from an order of the district court denying plaintiffs’ motion to compel production of documents from a nonparty witness pursuant to Fed. R.Civ.P. 45(d)(1). This Court reverses the order of the district court. I. FACTS AND PROCEDURAL HISTORY The plaintiffs-appellants, a group of taxpayers and clergymen and the American Jewish Congress (“taxpayers”)1 filed suit...
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FINDINGS OF FACT AND CONCLUSIONS OF LAW This matter comes before the Court on the November 10, 1983 motion of plaintiff KFC Corporation (“KFC”) for summary judgment as to defendant Marion-Kay Company, Inc.’s (“Marion-Kay”) counterclaim. Marion-Kay’s response to KFC’s motion was filed on December 13, 1983. KFC’s reply brief was filed on January 30, 1984. Also before the Court is KFC’s July...
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MEMORANDUM OPINION AND ORDER This is an action by the Federal Deposit Insurance Corporation (FDIC) in its corporate capacity seeking to enforce a letter of credit issued by the defendant Bank of Boulder. The matter is before the Court on defendant’s Motion to Dismiss. Defendant’s Motion was set for hearing on November 14, 1985, and was granted at that time. The Court is issuing a written opinio...
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Cooling Systems and Flexibles, Inc. appeals the dismissal of its copyright infringement action, pursuant to Fed.R. Civ.P. 41(b), at the close of its presentation of evidence. It alleges that the district court erred in several respects: (1) by holding that a typographical error in its copyright registration certificate prevented its radiator catalog from receiving a valid registration; (2) by h...
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778 F.2d 899 54 USLW 2342 UNITED STATES of America, Plaintiff, Appellee,v.George E. VEILLETTE, Jr., Defendant, Appellant. No. 85-1127. United States Court of Appeals,First Circuit. Argued Aug. 7, 1985.Decided Dec. 2, 1985. Daniel W. Bates, with whom Daniel G. Lilley, Portland, Me., was on brief, for defendant, appellant. Margaret McGaughey, Asst. U.S. Atty., wi...
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ORDER DENYING PLAINTIFFS’ MOTION FOR ADMISSION OF THE VIDEOTAPE “DAY IN THE LIFE OF SAMANTHA BOLSTRIDGE” Plaintiffs filed a motion on October 24, 1985 to admit a “Day in the Life” videotape into evidence. The videotape is intended to depict a typical day in the life of Plaintiff Samantha Bolstridge in order to demonstrate to the jury the impact of her injuries on her day-to-day activities...
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MEMORANDUM OPINION I. Introduction This is a declaratory judgment action arising under 28 U.S.C. § 2201 to determine the duty, if any, on the part of the defendant insurer to defend the plaintiff in an alienation of affections action currently *868 pending in Baxter County Circuit Court. Jurisdiction and venue are properly in this court. Defendant issued policies nu...
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710 P.2d 213 (1985) Cheryl BJUGAN, Appellant (Plaintiff), v. Richard C. BJUGAN, Appellee (Defendant). No. 84-83. Supreme Court of Wyoming. November 27, 1985. *214 Martin J. McClain, Cheyenne, for appellant. Bert T. Ahlstrom, Jr., (argued), and Kay Snider Coffman, Cheyenne, for appellee. Before THOMAS, C.J., and ROSE, ROONEY, BROWN and CARDINE, JJ. CARDINE, Justice.[*] This is an appeal from a jud...
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Respondent, Schwarz-Jordan, Inc. (Schwarz-Jordan), a drywall contractor, contested a citation for violating 29 C.F.R. section 1926.451(e)(10), a regulation promulgated pursuant to the Occupational Safety and Health Act of 1970, 29 U.S.C. section 651-678 (Act). An Occupational Safety and Health Administration (OSHA) administrative law judge found the company in serious violation of 29 C.F.R. sec...
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OPINION AND ORDER These civil actions allege violations of Section 10(b) of the Securities Exchange *1507 Act of 1934 (“1934 Act”), 15 U.S.C. § 78j(b), and Rule 10b-5, 17 C.F.R. § 240.-10b-5, promulgated thereunder. Plaintiffs in both actions also allege pendent state law claims for fraud and breach of fiduciary duty. Pursuant to Section 3 of the Federal Arbitration Act (“Arb...
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A brand’s shape, color, pattern, or other design characteristic cannot obtain the protection of trademark law if it is “nonfunctional”; and we are required in this case to decide what the standard of functionality shall be in this circuit. The plaintiff, Rogers, and the corporate defendant, Keene, are competing manufacturers of office supplies; Wendell Keene, the individual defendant, is t...
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MEMORANDUM This is the first case to seek judicial review of a grant of immunity from antitrust law, by the Secretary of Commerce and the Attorney General, under The Export Trading Company Act of 1982, 15 U.S. C.A. §§ 4001-4021 (West Supp. 1985) (“The Act”). The Act is designed to increase United States exports through efficient export trade cooperation, without anticompetitive conduct in...
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MEMORANDUM AND ORDER. This matter makes it appropriate that we render for this Circuit a first interpretation of the provisions of the Bail Reform Act of 1984, 18 U.S.C.A. § 3141 et seq. (1985). For the reasons stated herein, we find that the petitioners have demonstrated procedural error sufficient to require that we GRANT the motion for review of the order below and that we REVERSE and REMAND t...
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This case requires this Circuit to decide for the first time whether the so-called “military contractor defense” is available to shield a private defense contractor from liability to a serviceman killed as a result of an alleged design defect, in the contractor’s product. We hold that this Circuit will recognize such a defense, but we frame that defense and the rationales behind it somewhat dif...
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OPINION OF THE COURT This appeal by the New Jersey Senate and Assembly as intervening defendants seeks to overturn a declaratory judgment of the district court that N.J.S.A. 18A:36-4 (West 1984-1985) violates the establishment clause of the first amendment. The intervening defendants also appeal from a declaratory judgment that plaintiffs are entitled to counsel fees on the authority of 42 U.S.C....
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OPINION Plaintiffs seek a declaratory judgment that the policy of the Rhode Island Department of Human Services (DHS) of automatically denying a disability claim for Medical Assistance when the same applicant has been found ineligible for disability payments under the Supplementary Security Income (SSI) Program is a violation of the Social Security Act and the due process clause of the Co...
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Plaintiff Monte Hand appeals the summary dismissal of his anti-trust claims brought under section 1 of the Sherman Act and section 4 of the Clayton Act, 15 U.S.C. §§ 1 and 15 (1982), against the above named defendants (collectively referred to as “Mohawk”). In his complaint, Hand alleged that Mohawk violated the antitrust laws by “tying” the financing of tractor-trailer trucks with the acceptance ...
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Appellant was a 19 year old member of the Seminole Nation of Oklahoma when his former girlfriend, an unmarried 17 year old non-Indian, gave birth to Baby Boy D. With her consent the infant was adopted by the appellees, a married couple. After learning of the adoption without notice to him and without his consent, he filed a petition in the District Court, claiming to be the father and seeking to v...
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KangaROOS U.S.A., Inc. appeals the partial summary judgment of the United States District Court for the Southern District of New York, holding U.S. Patent No. 4,384,414 (the ’414 patent), invention of Robert J. Gamm entitled “Athletic Shoe Pocket”, unenforceable on the ground of fraud or inequitable conduct in the prosecution. On the basis that a summary proceeding was inappropriate in the circ...
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783 F.2d 255 54 USLW 2355, 12 O.S.H. Cas.(BNA) 1567,1984-1985 O.S.H.D. ( 27,450 Michael PRATICO, Plaintiff, Appellant,v.PORTLAND TERMINAL COMPANY, Defendant, Appellee. No. 85-1196. United States Court of Appeals,First Circuit. Argued Aug. 8, 1985.Decided Dec. 4, 1985. Maurice A. Libner with whom McTeague, Higbee, Libner, Reitman, MacAdam & Case, Brunswick, Me., w...
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The issue presented by this case is whether we will expand the reach of our recent decision in Howse v. Zimmer Manufacturing Co., Inc., 757 F.2d 448 (1st Cir.1985), a case involving the service of process requirements of Mass.Gen.Laws Ann. ch. 223 § 38 1 \\ for the purpose of permitting the acquisition of in personam jurisdiction over a foreign corporation which lacks any direct contacts wi...
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*995 OPINION Presently before the court are the Plaintiffs’ and Defendant’s motions for summary judgment. This action was initially commenced in the Court of Common Pleas of Blair County, Pennsylvania then removed by Defendant to this court. The issues before us are: 1) whether this action was properly removed from state to federal court, and 2) whether Plaintiffs’ claim under st...
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482 So.2d 1176 (1985) GENERAL MOTORS CORPORATION v. Robert J. EDWARDS, et al. Robert J. EDWARDS, etc., et al. v. GENERAL MOTORS CORPORATION. 83-489, 83-510. Supreme Court of Alabama. November 15, 1985. *1179 Brittin T. Coleman and Norman Jetmundsen, Jr. of Bradley, Arant, Rose & White, Birmingham and Byron Attridge and Chilton Davis Varner of King & Spalding, Atlanta, Ga., for appellant/c...
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778 F.2d 1352 54 USLW 2356, 228 U.S.P.Q. 346 LEVI STRAUSS & CO., a Delaware corporation, Plaintiff-Appellant,v.BLUE BELL, INC., a Delaware corporation, Defendant-Appellee. No. 82-4684. United States Court of Appeals,Ninth Circuit. Argued and Submitted En Banc Sept. 12, 1984.Decided Dec. 13, 1985. M. Laurence Popofsky, Heller, Ehrman, White & McAuliffe, San Fr...
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We have long insisted that review of municipal zoning is within the domain of the states, the business of their own legislatures, agencies, and judiciaries, and should seldom be the concern of federal courts. A person disappointed with a zoning decision ordinarily can interest the federal courts only in a substantial claim that the state has deprived him of a property right without due process of ...
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Hanson Trust PLC, HSCM Industries Inc., Hanson Holdings Netherlands B.V., and HMAC Investments Inc. (hereinafter sometimes referred to collectively as “Hanson”) appeal from an order, dated November 26, 1985, in the United States District Court for the Southern District of New York, Shirley Wohl Kram, Judge, denying their motion for a preliminary injunction restraining Merrill Lynch, Pierce, Fenner...
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This is a motion by the plaintiff under Rule 65, Federal Rules of Civil Procedure, for provisional relief in advance of a full-scale trial on the merits. Much is argued here by plaintiff which would be more appropriate for discussion following a full-scale submission of all the relevant facts and circumstances. Much of that sort of argument is just that — it is grounded largely on hypotheses, s...
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Appellant Midwest Communications, Inc. (WCCO) sued the Minnesota Twins (Twins), the Northstar Hockey Partnership (North Stars), TwinStar Enterprises (Twinstar), Minnesota Subscription Television (Spectrum), and Sports Channel for alleged violations of federal and state antitrust laws, breach of contract, and tortious interference with a contract. The case arises from WCCO’s unsuccessful bid for te...
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MEMORANDUM OPINION I. This action comes before the Court on cross motions for partial summary judgment. In her claim against The Florida Bar, Florida Bar Foundation, Inc., and the Holland & Knight law firm, the plaintiff challenges the constitutionality of Florida’s Interest on Trust Accounts (IOTA) program, through which certain funds held in lawyers’ trust accounts are placed in in...
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This is a civil action in partition filed pursuant to § 528.020, RSMo 1978. The trial court entered a judgment of dismissal. The judgment is affirmed. Appellants present two points, which in summary charge the trial court erred in dismissing their petition because (1) they properly brought their cause pursuant to § 528.020 in that the prior separation agreement created in each appellant a one-four...
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This is an appeal by the Kiowa Tribe of Oklahoma from an order of the district court denying its request for declaratory and injunctive relief under the Indian Child Welfare Act of 1978 (ICWA), 25 U.S.C. §§ 1901-1934. The Tribe collaterally attacks a Kansas state court judgment that allowed a non-Indian couple to adopt a child the Tribe contends is an Indian subject to the ICWA requirements. We...
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OPINION AND ORDER This products liability action came to trial by jury on December 9, 1985. Plaintiffs, Mr. and Mrs. Floyd R. Roysdon, claimed that Mr. Roysdon suffers severe peripheral vascular disease as a proximate result of many years of smoking cigarettes manufactured by the defendant R.J. Reynolds Tobacco Company [R.J. Reynolds]. The Roysdons made two claims: that the defendant’s ci...
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This case presents the question of the constitutionality of a portion of an ordinance enacted by the City of Minneapolis (City) that attempts to regulate the manner in which certain sexually explicit material deemed “harmful to minors” is displayed for sale. Upper Midwest Booksellers Association, a trade organization of retail merchants, and Harvey Hertz, an individual bookseller, filed suit again...
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The question in this case is whether the Secretary of Agriculture may replace the Judicial Officer of the Department of Agriculture (hereafter USDA) after that officer has rendered a final decision in a case and then present a petition for reconsideration to the replacement. The district court found no legal impediment to this course of conduct, and affirmed the decision rendered by the second ...
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Plaintiffs Rondell and Sharon Harrison appeal from the District Court’s dismissal of their federal civil rights action under 42 U.S.C. §§ 1983 & 1985. For the reasons stated below, we hold that the factual allegations in the complaint are sufficient to state a cause of action under section 1983 for infringement of plaintiffs’ constitutional right of access to the courts and that such a claim is no...
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The sole question which we must decide in this appeal is whether, under the Bail Reform Act of 1984, 18 U.S.C. § 3142, the government may request bail at the defendant’s first appearance before a judicial officer, then change its mind and request detention at a subsequent appearance before that same officer when the only evidence to come to light during the interim is that the defendant has a g...
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OPINION We hold in this case that Alaska’s local hire law, AS 36.10.010,1 which requires that work on public construction projects be performed almost entirely by Alaska residents, violates the privileges and immunities clause of article IV, § 2 of the United States Constitution. I. FACTUAL AND PROCEDURAL SETTING James Francis, a Montana resident, was employed in 1983 as an ironworker by Re-gan S...
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The plaintiff physicians appeal from the second grant of summary judgment entered by the district court in this antitrust suit. The plaintiffs’ original action essentially alleged that the emergency room procedures instituted by the defendant hospitals constituted a successful conspiracy to eliminate the plaintiffs from emergency room practice and to monopolize local emergency services in violatio...
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The companies involved in this copyright case in the District Court for the Southern District of New York are Takara Co., Ltd. (“Takara”), a Japanese company that designed the toys here in question; plaintiff Hasbro Bradley, Inc. (“Hasbro”), a large American toy manufacturer and seller that acquired Takara’s rights to United States copyrights for the toys; and defendant Sparkle Toys, Inc. (“Spa...
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MEMORANDUM OPINION I. Introduction On August 19, 1985, defendant Robert Frisbee was indicted for first degree murder in violation of 18 U.S.C.A. section 1111 (West Supp.1985). The murder allegedly occurred on a commercial cruise ship that was sailing to the port of San Francisco in Pacific waters off the coast of California. The deceased was an 80 year old woman who apparently died f...
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479 So.2d 324 (1985) David GRIFFIN, et al. v. SUCCESSION OF Velma King BRANCH Through Johnny SMITH, Executor. No. 84-C-1398. Supreme Court of Louisiana. December 2, 1985. Rehearing Denied January 9, 1986. *325 James Coxe, III, Baton Rouge, for plaintiff-applicant. J.D. DeBlieux, Baton Rouge, for defendant-respondent. BLANCHE, Justice. This is an action by four major, presumed legitimate children ...
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Harvey Renville was convicted by a jury of two counts of sexual abuse of his eleven year old stepdaughter under 18 U.S.C. §§ 13, 1152 (1982), and S.D. Codified Laws Ann. § 22-22-1(5) (1979 & Supp.1983) (amended 1984). Renville raises three contentions on appeal: first, that the acts for which he was convicted, one act each of cunnilingus and anal intercourse with his stepdaughter, are penalized...
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OPINION OF THE COURT This appeal in a diversity case presents the question whether appellant’s claims under state survival and wrongful death acts were correctly dismissed on statute of limitations grounds. Appellant’s husband, a pipefitter who worked with asbestos-containing products for over thirty years, died shortly before she brought this lawsuit. The district court determined that, based on...
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A Long Island utility furnishing that area with power has scheduled a stockholders meeting for Thursday December 12, 1985. It has been embroiled in public controversy over its construction of the Shore-ham Nuclear Power Plant and adverse publicity intensified recently because of extended loss of service to customers arising from damages to the transmission system caused by Hurricane Gloria. In thi...
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MEMORANDUM OPINION At the close of the evidence in this case and prior to the charge to the jury, the Court was asked by the parties to resolve certain questions of law regarding the applicability of certain statutes and defenses to the facts of this case. The Court carried these requests to alter the jury’s deliberation so that fact findings could be made as to each alleged cause of acti...
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Loctite Corporation (Loctite) appeals from a judgment of the United States District Court for the Eastern District of Wisconsin, 225 USPQ 67 (1984), which denied Loctite’s claims that U.S. Patent No. 3,435,-012 (’012), issued to Nordlander in 1969, and U.S. Patent No. 4,165,400 (’400), issued to DeMarco in 1979, were infringed, and which declared the ’400 patent invalid. Loctite, the assignee o...
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OPINION On March 15, 1985, Anthony Tammaro, Inc. (“Tammaro”) filed a voluntary petition for relief pursuant to Chapter 11 of the United States Bankruptcy Code. 11 U.S.C. § 1101 et seq. That routine legal act has given rise to complex questions concerning the proper jurisdictional reach of judges of the United States Bankruptcy Court and of the United States District Court. As a...
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The question presented is whether the district court may render summary judgment against a party who will bear the burden of proof of an essential element of its case at trial but is unable, in response to a motion for summary judgment, to produce any evidence, direct or circumstantial, on that issue; or to identify any witness who will testify in her favor on the issue; or to produce any evide...
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OPINION OF THE COURT In this appeal from a jury verdict in a diversity action,1 we are presented with the important question whether a commercial party, such as the plaintiff utility, may recover under the law of New Jersey in strict liability for accidental damages to a defectively repaired engine. Consumers Power Company (Consumers Power), a Michigan public utility, sued in the United States Di...
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In this action for disability benefits under the Social Security Act, plaintiff appeals from two orders of the district court. First, plaintiff argues the court erred in determining the amount of attorney fees for which the Secretary is liable under the Equal Access to Justice Act (“the EAJA”), 42 U.S.C. § 2412. Second, plaintiff argues the district court erred in refusing to award post-judgment ...
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OPINION We affirm a plaintiff’s judgment under the Federal Tort Claims Act except insofar as we must modify the judgment to limit recovery to the amount of the plaintiff’s previous administrative claim. We reject plaintiff’s argument that the relevant law regarding consideration of inflation in the calculation of damages had changed between the filing of the administrative claim and trial...
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ORDER AFFIRMING MAGISTRATE On November 20, 1985, Magistrate Bert S. Tokairin entered an order denying the government’s motion to disqualify the Office of the Federal Public Defender [“Federal Defender”] from representing the defendant in this action. The government appeals from that decision. The government’s concern stems from the Federal Defender’s former representation of a client...
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OPINION Plaintiffs David Garshman and Donald Frank, general partners for Tarbell I (“Tarbell”), a Pennsylvania limited partnership which invests in oil and gas exploration, bring this proposed class action alleging antitrust violations and breach of contract against several companies which finance their drilling operations with investors’ funds and against the pipeline company which servi...
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ORDER AND JUDGMENT This action is before the court on motion of defendants Waste Management, Inc. (hereinafter WMI) and Waste Management of South Carolina, Inc. (hereinafter WMSC) for summary judgment as to plaintiffs’ second amended complaint, on defendant WMSC’s motion for summary judgment on its counterclaim and on the plaintiffs’ motion for summary judgment as to Count VII of their se...
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Defendant Samuel S. Johnson was convicted of forcible rape in violation of § 566.030, RSMo Supp.1983 and was sentenced as a persistent offender to life imprisonment without possibility of parole for 30 years. We granted transfer of the case from the court of appeals to consider defendant’s contention that the entire prosecuting attorney’s office was disqualified from prosecuting him because a n...
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Appellants, the Smiths, are lifelong family farmers. Starting in 1967, the Smiths became almost totally dependent on appellee Russellville Production Credit Association (“RPCA”) for their credit needs. The RPCA is a federally chartered Production Credit Association (“PCA”). In January 1983, the Smiths negotiated a $92,000 loan from the RPCA, payable on January 1, 1984. In return for this l...
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In this appeal by the State from a suppression order the issue presented is whether the failure of law enforcement officers to announce their presence and mission prior to entering through an open door to a house constitutes a “breaking” under North Dakota Century Code § 29-29-08 requiring suppression of the evidence seized in the subsequent search. We hold that it does and affirm the order suppre...
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711 P.2d 1119 (1985) Shannon Lou BROYLES, Appellant (Defendant), v. Daniel Robert BROYLES, Appellee (Plaintiff). No. 84-290. Supreme Court of Wyoming. December 17, 1985. *1121 James L. Edwards of Sheehan, Stevens & Sansonetti, Gillette, for appellant. Franklin J. Smith of Pattno-Smith and Associates, Cheyenne, for appellee. Before THOMAS, C.J., and ROSE,[*] ROONEY,[**] BROWN and CARDINE, JJ. ...
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Andrew Ehat brought this action against Gerald and Sandra Tanner, dba Modern Microfilm Company (the Tanners), alleging injury from the Tanners’ unauthorized reproduction and sale of literary material in which Ehat claimed a proprietary interest. Judgment was entered against the Tanners, and they appeal. We reverse. Ehat was a scholar engaged in post-graduate research on the history of the ...
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The current financial crisis in the mid-western farm states is glimpsed from afar in this bankruptcy case. J. Catton Farms, Inc., a very large farming operation undergoing reorganization in bankruptcy, appeals from a judgment of the district court affirming an order by the bankruptcy judge directing Catton to pay more than $300,000 to First National Bank of Chicago. The ground of the order is t...
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Libel law seeks to protect the private right of the individual against false statements that diminish his standing in the eyes of others. But when expression concerns issues of public consequence, the law of libel “runs squarely into the right to freedom of expression” and poses problems “among the most complex and troublesome in the whole field of First Amendment doctrine.” T. Emerson, The Sys...
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The United States appeals a judgment of the United States District Court for the Eastern District of Texas in favor of the plaintiff, Ralph E. Lindsey, under the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671, et seq. We reverse. In November 1975 Lindsey submitted to the Patent and Trademark office a pro se application for a patent on an “electromagnetic reciprocating engine.” The appl...
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This is an appeal from summary judgment entered for the defendant General Motors (GM), in a diversity action brought under S.C.Code Ann. § 15-73-10 et seq. This statute is Section 402A of the Second Restatement of the Law of Torts, which the General Assembly of South Carolina has enacted. The plaintiff, Ronnie Baugh-man, sought to recover for injuries received when a multi-piece wheel from a 19...
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Raymond A. Chamberlin appeals from a decision dismissing his action filed under *523 the Federal Tort Claims Act for lack of subject matter jurisdiction. We must decide whether the discretionary function exception to the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2680(a) (1982), shields Patent and Trademark Office (“PTO”) employees from tort liability, based on a patent examiner...
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MEMORANDUM OPINION This matter comes before the court on the plaintiff’s motion for a preliminary injunction. Plaintiff MidCon Corporation (“MidCon”) is the owner of a pipeline system which supplies natural gas to the St. Louis and Chicago areas, among others. Defendants Freeport-McMoran, Inc. (“FMI”), Wagner & Brown (“Wagner and Brown”), Cyril Wagner, Jr., Jack E. Brown, Coach Acquisitio...
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A supplier terminated a distributor, who sued for breach of contract and got a preliminary injunction. The supplier has appealed under 28 U.S.C. § 1292(a)(1). The appeal raises issues of procedure and contract law. The supplier, Hospital Products (as we shall call the affiliated corporations that are the defendants), a small firm now undergoing reorganization in bankruptcy, is one of the world’s t...
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The State of Rhode Island appeals from a jury verdict in the United States District Court for the District of Rhode Island awarding plaintiff Anthony Della Grotta $14,000 against the State for alleged deprivation of his civil rights. We hold that the *345 State has waived its eleventh amendment immunity and is otherwise a suable “person” within 42 U.S.C. § 1983. Because there was l...
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The district court granted summary judgment for intervenors and assessed sanctions against plaintiffs and their attorneys in the amount of $14,951.25 for violating Rule 11 of the Federal Rules of Civil Procedure. Plaintiffs and their attorneys appeal from that portion of the judgment assessing sanctions against them. Under the circumstances of this case, the district court improperly assessed s...
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711 P.2d 1144 (1986) Keiran W. O'BRIEN, Appellant (Defendant), v. STATE of Wyoming, Appellee (Plaintiff). No. 85-112. Supreme Court of Wyoming. January 13, 1986. *1145 Ernest F. Fuller, Jr. of Bormuth, Freeman & Fuller, Cody, and Michael K. Davis of Redle, Yonkee & Arney, Sheridan, for appellant. A.G. McClintock, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., John Renneisen, Sr. Asst. At...
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MEMORANDUM On October 4, 1984, this court granted the plaintiff’s motion for class certification, but found that the named class representative’s claim was barred by the statute of limitations and laches. Therefore, leave to substitute appropriate named plaintiff(s) was granted. At that time, the court held in abeyance any decision on the merits of the parties’ cross motions for summary j...
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This Mississippi diversity case involves plaintiff Jackson’s efforts to recover compensatory and punitive damages from Johns-Manville Sales Corporation, Raybestos-Manhattan, Inc., and H.K. Porter Company, all manufacturers of asbestos products. Jackson was injured as a result of his exposure to asbestos products during the course of his employment as a shipyard worker. The district court, after a ...
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This is a wrongful death and survival case. On February 22, 1977, Howard Reed Yowell, James Luther Ward, Jr., Jimmy Kenneth Fulkerson, and Fabe Ingram, Jr. were killed in a crash of a Piper PA-31-310 aircraft near Springdale, Arkansas. The airplane sustained a mid-air breakup at about 10,000 feet and crashed to the ground. There were no survivors. Vicki Leigh Yowell, widow of Howard Reed Yowell an...
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*1046 MEMORANDUM OPINION AND ORDER This civil rights action, brought under 42 U.S.C. § 1983, presents the question of whether the first amendment permits local police authorities to infiltrate, observe, ■record, and disseminate information gathered on the lawful speech activities of private individuals and private organizations when the police have no reasonable suspicion of criminal conduct....
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The Committee on Professional Ethics and Conduct of the Iowa State Bar Association (committee) initiated this proceeding before the Grievance Commission, charging respondent Karl J. Horn in two divisions. The first claim alleges respondent failed to respond to notices sent by the committee prior to its filing a formal complaint. The second claim alleges that the respondent neglected to timely f...
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National Bancard Corp. (NaBanco) filed this suit against VISA U.S.A. (VISA), alleging that VISA violated Section 1 of the Sherman Act, 15 U.S.C. § 1, by fixing certain bank credit card interchange rates. After a bench trial that consumed approximately nine weeks, the United States District Court for the Southern District of Florida, in an exhaustive opinion, concluded *594 that NaB...
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The principal question presented in these consolidated appeals1 is whether an editorial cartoon defamed the appellant’s decedent. The district court concluded that the cartoon was not capable of being interpreted as a defamatory statement of fact and therefore granted appellees’ motions for summary judgment. We agree with the district court’s conclusion and affirm. I. This case arose out of public...
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ORDER ON MOTION FOR SANCTIONS (# 103) Judith Paparelli claims that she was injured as a result of a feature of the elevators in the Prudential Tower in Boston which allows the doors of the elevator to begin opening just prior to the point at which the elevator reaches the level of the floor at which it is to stop. The name given to this feature is called “pre-opening”. The elevators in the Pruden...
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MEMORANDUM AND ORDER ON FEDERAL DEFENDANTS’ MOTION TO DISMISS FOR LACK OF JURISDICTION In this action plaintiff, the National Association for the Advancement of Colored People, Boston Chapter (“NAACP”), claimed that the Secretary of the Department of Housing and Urban Development and the local administrators of the Department (hereinafter collectively referred to as “HUD”) had failed to t...
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We have previously granted certiorari in this case to review a properly certified interlocutory order 1 by the trial court in a proceeding involving the child support provisions of a divorce decree entered between petitioner John Merrell and respondent Vickie Merrell in 1973. The order for review denied petitioner’s motion to dismiss an application for contempt citation for failure to pay child...
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This case is presented to us through the certification of a constitutional issue from the District Court of the First Judicial District in Wyoming. The question presented is whether § 23 — 2—402(a)(iii), W.S.1977, violates the Privileges and Immunities Clause of the United States Constitution. Because the challenged statute burdens a fundamental right, and because the degree of discrimination does...
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FACTS AND PROCEEDINGS BELOW This appeal arises from an accident that occurred at the Olin Corporation (“Olin”) chemical manufacturing plant in Lake Charles, Louisiana. One of the many units at the plant produces toluene diisocyanate (“TDI”), a material used to produce urethane foam, which in turn is used in the production of furniture, carpet padding, pillows, mattresses and insulation. On...
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MEMORANDUM OPINION AND ORDER Plaintiff, Securities Industry Association (“SIA”), a trade association representing the nation’s securities dealers and underwriters, challenges a decision of the Federal Reserve Board (“Board”) permitting Bankers Trust Company to place commercial paper with investors on behalf of issuers under certain prescribed conditions. Specifically, in its ruling of Jun...
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MEMORANDUM OPINION In this case, a creditor and its president appeal the bankruptcy court’s order imposing fee sanctions. For the reasons given below, the order is vacated, and this case is remanded for further findings of fact. FACTS Sometime before September 30, 1983, appellant Ramm Industries Co. (“Ramm”) sold goods to appellee Stonegate Security Services, Ltd. (“Stonegate”)....
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RULING ON CROSS-MOTIONS FOR SUMMARY JUDGMENT This challenge to a decision of the Comptroller of the Currency (“the Comptroller”) is before the court on the parties’ cross-motions for summary judgment. 1 The Investment Company Institute (“ICI” or “the plaintiff”) contends that the Comptroller erred in permitting the Connecticut Bank and Trust Company (“CBT” or “the bank”) to m...
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Societe Nationale Industrielle Aerospatiale and Societe de Construction d’Avions de Tourism (Petitioners), corporate defendants in a civil action pending in the United States District Court for the Southern District of Iowa, have petitioned this court under Rule 21(a) of the Federal Rules of Appellate Procedure for a writ of mandamus directed at United States Magistrate Ronald E. Longstaff. We ...
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Plaintiffs in these consolidated cases challenge the constitutionality of certain features of the Balanced Budget and Emergency Deficit Control Act of 1985, Pub.L. No. 99-177, 99 Stat. 1037, popularly known as the Gramm-Rudman-Hollings Act, signed into law by President Reagan on December 12, 1985. The principal issues presented are whether the plaintiffs, Members of Congress and the National Tr...
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379 N.W.2d 357 (1985) Theodore A. PFIFFNER, Appellee, v. Arthur J. ROTH, as Director of the City Health Department, City of Dubuque, Iowa; Leo J. Frommelt, as Past License Officer under Section 18-16, Ordinances of the City of Dubuque, Iowa, and as Past Clerk of the City of Dubuque, Iowa; Mary A. Davis, as License Officer under Section 18-16, Ordinances of the City of Dubuque, Iowa, and as City C...
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When passing sentence, the judge expressly considered, over the defendant’s objection, testimony that the defendant had given at a hearing on his motion to suppress evidence assertedly seized in violation of his fourth amendment rights. We reject the argument that the sentencing judge violated the defendant’s constitutional rights by considering the testimony that the defendant offered at the s...
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Plaintiff, Papst Motoren GMbH & Co. KG (“Papst”), a West German limited liability company which manufactures various types of computer motors, charges that defendants have been and are infringing three of its patents: U.S. Letters Patent No. 3,873,897, (“897”) covering an invention entitled “Collector-Less-DC Motor”; U.S. Letters Patent No. 4,429,263, (“263”) covering an invention called “Low M...
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MEMORANDUM OPINION AND ORDER Petitioner John Shiflet (“Shiflet”) was convicted for the murder of his wife and is now serving a term of life imprisonment following a jury trial in an Illinois state court. The appellate court affirmed his conviction, People v. Shiflet, 125 Ill.App.3d 161, 80 Ill.Dec. 596, 465 N.E.2d 942 (2d Dist.1984), and after being denied leave to appeal to the Illinois Supr...
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*876 OPINION Before the Court are the motions of defendants McDonald’s Corporation and McDonald’s Business Facilities Corporation, Inc. (collectively “McDonald’s”) to dismiss the amended complaint pursuant to Fed.R. Civ.P. 12(b)(6), or, in the alternative, for summary judgment under Fed.R. Civ.P. 56, and for sanctions, including reasonable attorney’s fees, under Rules 11 and 37(c...
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Latham Exploration Company (“LEX-CO”) was organized under the laws of Louisiana in 1980 for conducting exploratory drilling operations. In 1982, LEXCO entered into a farm-out agreement with Chevron on certain Chevron leases in Pointe Coupee Parish, Louisiana. Under this arrangement, LEXCO was to drill five wells and earn certain leasehold rights. LEXCO then contracted with the plaintiffs to adv...
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Clinton Deveaux, a judge of the Municipal Court of the City of Atlanta and defendant in a section 1983 action, appeals from the district court’s denial of his motion for summary judgment on the ground of absolute judicial immunity. We hold: (1) this court has jurisdiction to hear an appeal from the denial of a motion for summary judgment on the ground of absolute judicial immunity and (2) a judge ...
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779 F.2d 585 54 USLW 2418 UNITED STATES of America, Plaintiff-Appellee,v.Walker L. WHALEY, Defendant-Appellant. No. 84-3459. United States Court of Appeals,Eleventh Circuit. Jan. 10, 1986. Samuel S. Jacobson, Jacksonville, Fla., for defendant-appellee. Ernst D. Mueller, Asst. U.S. Atty., Jacksonville, Fla., Karen Skrivseth, Washington, D.C., for plaintiff-appel...
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These appeals arise from an action filed by Lyndon LaRouche against NBC, the Anti-Defamation League of B’Nai B’Rith (ADL) and others. LaRouche alleged that the defendants conspired to, and did, defame him in two NBC television broadcasts. NBC filed a four count counterclaim alleging, inter alia, that LaRouche had interfered with its business relations. NBC prevailed on the defamation claim and on ...
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Consolidated appeal from two judgments of the United States District Court for the Southern District of New York: (1) holding claims 15-21 of Windsurfing International’s (WSI’s) U.S. Patent Re. 31,167 (167 patent) valid and infringed; (2) holding that WSI had misused the patent; (3) enjoining AMF, Inc. (AMF), BIC Leisure Products, Inc., and Windglider Fred Ostermann, GmbH (BIC); and (4) refusing t...
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MEMORANDUM AND ORDER This is an action brought for violation of fiduciary obligations under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq. This motion is made by the “Trustee Defendants” — that is, all the defendants except Tolkow, Gamp, Gallo, and Amalgamated Local Union 355 (“the Local”). The Trustee Defendants seek a protective order pursuant to Fed.R.C...
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Plaintiff Metro Kane Imports, Ltd. (“Metro Kane”) by order to show cause heard on October 25, 1985 introduced another chapter in its effort to protect its rights in the Mighty OJ, a mechanical orange juice squeezer in robotic form which has already received judicial scrutiny. Metro Kane now seeks a preliminary injunction against the continued sale of certain mechanical orange juice squeezers by...
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OPINION Defendant Kidder, Peabody & Co., Inc. (“Kidder, Peabody”) moves for an order of dismissal under Rule 12(b), Fed.R.Civ.P., or in the alternative, arbitration of the claims of plaintiff Intre Sport, Ltd. (“Intre Sport”) which arise out of two sets of allegedly fraudulent transactions in securities. Kidder Peabody seeks the following relief: 1) dismissal of all claims alleged under s...
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We affirm a trial court ruling which found insufficient minimum contacts to support in personam jurisdiction over defendant, a nonresident of Iowa. Defendant operates an automotive parts business in Tennessee and sold a steering wheel to David Fisher, an Iowa resident. Fisher happened to make the purchase there because defendant’s business was located immediately adjacent to Fort Campbell, Kent...
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481 So.2d 517 (1985) EAGLE-PICHER INDUSTRIES, INC., Appellant, v. Milton T. COX, Sr., Appellee. No. 84-42. District Court of Appeal of Florida, Third District. December 31, 1985. Rehearing Denied February 4, 1986. *519 Kimbrell, Hamann, Jennings, Womack, Carlson & Kniskern and Michael K. McLemore, Miami, for appellant. Baron & Associates and Jane N. Saginaw, Dallas, Tex., Louis S. Robles,...
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781 F.2d 506 54 USLW 2422 Alfredo R. ARRIOLA, et al., Plaintiffs-Appellants,v.T.L. HARVILLE, et al., Defendants-Appellees. No. 84-2421. United States Court of Appeals,Fifth Circuit. Jan. 31, 1986. Judith A. Sanders-Castro, MALDEF, Jose Garza, Jose Roberto Juarez, Jr., San Antonio, Tex., Morris J. Baller, Joaquin G. Avila, San Francisco, Cal., for plaintiffs-appellant...
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626 F.Supp. 1319 (1986) In re GRAND JURY SUBPOENA. Misc. No. 86-027. United States District Court, M.D. Pennsylvania. January 31, 1986. *1320 *1321 Joseph F. Moore, Jr., Reed, Smith, Shaw & McClay, Harrisburg, Pa., for plaintiff. James J. West, U.S. Atty., Harrisburg, Pa., for defendant. MEMORANDUM RAMBO, District Judge. This case presents what is apparently a question of first impression re...
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The issues presented by this appeal are whether an agent of the United States Postal Service (“USPS”) may assert the liability limitation of the United States Postal Union Convention, January 1, 1976, 27 U.S.T. 345, T.I.A.S. No. 5231 (“Lausanne Convention”), and whether federal or New York common law applies to a mail sender’s claim of conversion against a carrier of international mail performing ...
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dissenting. I respectfully dissent because I feel the majority opinion misses the mark in its application of equal-protection law by attempting to distinguish asbestos litigation from other strict-liability warning cases and in other particulars which are detailed below. At the outset, I am hesitant to find a denial of equal protection arising out of the rulings in Beshada v. Johns-Manville, 90 N....
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The plaintiffs, Paul R. Riddick and others, appeal the district court’s refusal to invalidate a new pupil assignment plan for the elementary schools (grades K-6) of the City of Norfolk. 627 F.Supp. 814. Under the new assignment plan, mandatory crosstown busing, required at first by court order in 1971, is abolished. In its place, students are assigned in most instances to neighborhood schools, wit...
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OPINION INTRODUCTION It is somewhat astonishing in the year 1985 to hear an officer of a well-known international organization (boasting more than 300,000 members) say that it is fine for women “to help make the pancakes” but not for them to be members of the organization sponsoring the sale of those pancakes. 1 The issue squarely presented by this case is whether such a b...
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specially concurring: I disagree with the majority’s conclusion that the dog sniff in this case constituted a search. As the majority points out, the beginning point in analyzing the constitutionality of the canine sniff is Katz v. United States, 389 U.S. 347, 88 S.Ct. 507, 19 L.Ed.2d 576 (1967). Katz established a two-prong analysis for testing the validity of investigative techniques under the f...
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OPINION OF THE COURT Appellants, two state prison inmates, brought this suit under the federal civil rights act challenging certain prison regulations as violative of their first amendment rights. Specifically, they allege that the regulations, which prevent them from attending weekly religious services, infringe their right freely to exercise their chosen faith. The district court, 595 F.Supp. 92...
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MEMORANDUM OPINION AND ORDER This case involves alleged racial discrimination on the part of the owner of two rooming houses and his agents. Individual plaintiffs Lonnie Williams (“Williams”) and Stanley Vivian (“Vivian”) and corporate plaintiff Hope Fair Housing Center (“Hope”) filed this suit under provisions of the Fair Housing Act of 1968, 42 U.S.C. § 3604 (1982) 1 and the ...
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MEMORANDUM AND ORDER Defendant Ed Tinnerman has moved for dismissal of patent infringement and related state claims brought by D.G. Rung Industries, Inc. and Darrell G. Rung (“Rung”). The Court heard oral argument and has considered the memoranda, affidavits and exhibits filed by counsel. 1 The Court concludes that plaintiff’s claim of infringement is not properly before the Co...
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MEMORANDUM AND ORDER Plaintiffs Norwood Moore and Julia Moore, husband and wife, initiated this products liability action to recover for personal injuries allegedly caused by the ingestion by Mr. Moore of the pharmaceutical drug Oraflex, manufactured by defendant Eli Lilly and Company (“Lilly”). Plaintiffs now request leave to amend the complaint to add new counts alleging defendant’s con...
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628 F. Supp. 477 (1986) The PLESSEY COMPANY PLC, a British corporation, Plaintiff, v. The GENERAL ELECTRIC COMPANY PLC, a British corporation, Defendant. Civ. A. No. 85-761 LON. United States District Court, D. Delaware. January 16, 1986. *478 *479 William T. Quillen (argued), John E. James, and Donald J. Wolfe, Jr., of Potter Anderson & Corroon, Wilmington, Del. (Seth H. Dubin, and Geoffrey ...
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Ruth Hansen filed for disability insurance benefits, supplemental security income benefits, and widow’s benefits, under the Social Security Act. Her claims were denied by the Social Security Administration following a hearing before an administrative law judge (ALJ), and Hansen then brought this action under 42 U.S.C. § 405(g) (1982). The district court affirmed the administrative determination...
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Plaintiff-appellee Secretary of Housing and Urban Development (Secretary) seeks a rehearing, with a suggestion for rehearing en bane, of our original panel opinion in this case, Pierce v. Vision Investments, Inc., 765 F.2d 539 (5th Cir.1985). The Secretary contends that we erred in holding that civil contempt was not an available remedy for violation of a consent order entered in a s...
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The issue on appeal is whether an Alaska corporation, defendant NANA Development Corp., is subject to the personal jurisdiction of a federal district court sitting in diversity in Virginia, based upon a single sale in Alaska of reindeer antlers to plaintiff Choon Young Chung, where part of the purchase was subsequently shipped by common carrier to plaintiff in Virginia. The district court found pe...
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OPINION OF THE COURT Appellants are the subjects of an indictment returned by a federal grand jury on August 19, 1985, charging them and 22 others with conspiring to violate the Racketeering Influence and Corrupt Organizations Act, 18 U.S.C. § 1962(d), and with conducting a racketeering enterprise in violation of section 1962(c) of that Act. On August 21, appellant Anthony Accetturo appeared befo...
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The Radio and Television News Association, an organization representing *1444broadcast journalists, filed this petition for a writ of mandamus seeking to compel the district court to vacate its amended restraining order. That amended order restrains trial counsel for a criminal defendant from making extrajudicial statements to members of the news media. We hold that restraints on the statements of...
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OPINION OF THE COURT This case presents a significant issue regarding the scope and propriety of removal to federal court on the basis of what is essentially a claim of federal preemption. To reach that issue, we must first traverse the maze of state and federal legislation on bank mergers, acquisitions and bank holding companies. Plaintiffs are attempting to use state law to prevent a merger bet...
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MEMORANDUM OPINION AND ORDER The Cache National Bank of Greeley (“the bank”) brought this action against its former employee, Ronald Travis Hinman, for a violation of 12 U.S.C. § 84 (setting lending limits for national banking associations) and for negligence and breach of fiduciary duties in authorizing certain loans. During the relevant times, Mr. Hinman served as the bank’s executive v...
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Jobe L. Whaley and his sons farm and raise cattle on over 11,000 acres of land in northern Mississippi. From 1981 to 1983 several patches of marijuana were grown on that land. Three of the Whaley sons, William Jobe, Johnny Brown and Thad Lee, were convicted of conspiracy to manufacture and possess marijuana with intent to distribute it from June 1981 to September 1983 (count one) and of manufactu...
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Plaintiffs Wilbert and Eleanor Yates brought this 42 U.S.C. § 1983 action against the City of Charlotte and its agents alleging that defendants had destroyed a house they owned without notice in violation of the due process clause of the fourteenth amendment. We granted defendants permission to file this interlocutory appeal under 28 U.S.C. § 1292(b) after the district court denied their motion to...
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This is an appeal from the denial of a motion to reduce child support payments ordered in a proceeding under the District of Columbia Uniform Reciprocal Enforcement of Support Act (URESA), D.C. Code §§ 30-301 et seq. (1981). Appellant contends that the trial court erred in denying his motion because he produced sufficient evidence to support a reduction in his payments in accordance ...
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MEMORANDUM AND ORDER After a hearing on December 18, 1985, this Court found that the Government had illegally obtained two letters from Defendant Duroyd Corporation’s files. Accordingly, this Court ruled that the Government could not introduce these letters as evidence at trial. The Government has asked this Court to reconsider its decision to suppress the letters under the inevitable discovery...
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Appellee Robert Emil Luedke brings this Petition for transfer. Appellant Shari Lou Luedke filed a Petition for Dissolution of Marriage on January 6, 1982, and Appellee filed a counter-petition twelve days later. On November 9, 1982, the trial court entered its judgment and Decree of Dissolution, granting Wife’s petition. The decree awarded her custody of the children; ordered Husband to pay $85.0...
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The judgment of the United States District Court for the Northern District of Illinois, Studiengesellschaft Kohle mbH v. Northern Petrochemical Company, 225 USPQ 194 (N.D.Ill.1984), which held invalid all the claims of United States Patent No. 4,125,698 (the ’698 process patent) on the basis of double patenting with United States Patent No. 3,113,115 (the '115 catalyst patent), is reversed. The ru...
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The novel issue presented on this expedited appeal is whether a district court has subject matter jurisdiction to grant equitable relief to prevent a government agency from denying a successful bidder a government contract. Serious questions are raised regarding the jurisdiction of the district court to review government procurement processes and the court’s power to intercede on behalf of parties...
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Lads Trucking (“Lads”) appeals the district court’s award of attorneys’ fees to appellee Board of Trustees of the Western Conference of Teamsters Pension Trust Fund (“Trust”) and the denial of Lads’ petition for attorneys’ fees. We affirm. FACTS These appeals arise from two related proceedings concerning Lads’ failure to pay Trust the amounts due as employer withdrawal liability under the Employee...
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Foster Securities, Inc., Fostin Securities, Inc., and William F. Woods appeal a district court’s order affirming a bankruptcy court’s order approving the appointment of an interim trustee and counsel for the in *1268 terim trustee. Finding that we lack jurisdiction, we dismiss the appeal. FACTS On September 21, 1984, Delta Services Industries (hereafter Delta) filed for C...
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Appellant Ralph H. Washington appeals his conviction on twelve different counts, all of which are grounded in alleged prostitution activities. The essence of the government’s case is that for fifteen years Washington was the “kingpin” of a prostitution ring that operated principally in Northern California and extended into Alaska, Arizona, Nevada, Texas, and Utah. The prosecution maintains that...
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Defendants appeal from an order of the district court detaining them without bail pending trial under provisions of the Bail Reform Act of 1984, 18 U.S.C. § 3141 et seq. For the reasons detailed below, we vacate the order and remand to the district judge for further proceedings. FACTS Defendants were indicted on cocaine-trafficking charges on July 19, 1985 in the Northern D...
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concurring: Inasmuch as the final opinion of the panel will not be filed prior to January 1, 1986, *1526and inasmuch as I will not be engaging in any judicial activity for an indeterminate period subsequent to December 31, 1985, I am filing this separate concurrence as of December 30, 1985. I base this concurrence on having read the briefs of the parties, having heard oral argument, and having exa...
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MEMORANDUM AND ORDER This case is the most recent chapter in a protracted struggle over the future of the nuclear electricity generating facility owned by the Long Island Lighting Company (“LILCO”) located in Shoreham, New York (the “Shoreham facility”). LILCO and the United States brought these actions against defendants Suffolk County (the “County”) and Peter Cohalan, the Suffolk County...
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782 F.2d 1502 54 USLW 2452, 54 USLW 2479 UNITED STATES of America, Plaintiff-Appellee,v.Armen B. CONDO, Defendant-Appellant. No. 85-5106. United States Court of Appeals,Ninth Circuit. Argued and Submitted Dec. 5, 1985.Decided Feb. 19, 1986. Jeffrey Modisett, Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellee. Wayne R. Young, Santa Monica, Cal., for def...
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OPINION This class action was brought against defendant Ford Motor Company (“Ford”) under the jurisdictional provisions of the Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301 et seq. (1982) (“Magnuson-Moss” or “the Act”) 1 . Plaintiffs seek damages, declaratory, and injunctive relief for breach of written and implied warranty, strict tort liability, and negligence beca...
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MEMORANDUM AND ORDER This matter is before the Court on the motion of each defendant to dismiss and the motion of plaintiffs Peter and Lois Henstra for a temporary restraining order or preliminary injunction. The Court will grant the motions to dismiss and will deny plaintiffs’ request for injunctive relief. FACTS Plaintiff Spring Water Dairy, Inc. (Dairy) is a corporate family ...
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628 F.Supp. 1392 (1986) Malcolm WEISS, Plaintiff v. YORK HOSPITAL, et al., Defendants. Civ. No. 80-0134. United States District Court, M.D. Pennsylvania. February 12, 1986. Arnold Levin, Michael D. Fishbein, Levin and Fishbein, Philadelphia, Pa., Lewis H. Markowitz, York, Pa., for plaintiff. Helen P. Pudlin, David L. Cohen, Richard Z. Freemann, Jr., Matthew M. Strickler, Ballard, Spahr, Andrews &...
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Plaintiffs brought suit under the pseudonyms Jane Doe and James Doe challenging the constitutionality of Virginia statutes prohibiting fornication and cohabitation. Va.Code §§ 18.2-344, 18.2-345 (1982). The district court granted both injunctive and declaratory relief on the grounds that these statutes violated plaintiffs’ rights to privacy. Doe v. Duling, 603 F.Supp. 960 (E.D. Va.1985). Plaintiff...
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STATEMENT OF THE CASE Rebecca L. Martin (Rebecca) appeals the denial of the petition for college education expenses filed by Gaye 0. Martin, her mother, (Mother), against her father, Harold L. Martin, (Father). We reverse and remand for further proceedings. FACTS The marriage of Mother and Father was dissolved by decree entered on May 29, 1974. That decree, which was later modified, provided for c...
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We granted certiorari to determine whether the district court erred in finding plaintiff in contempt and punishing her for violating the visitation provisions of a dissolution decree. Plaintiff contends (1) that a purpose of this contempt proceeding was to punish her for violating the decree, therefore contempt must be proved beyond a reasonable doubt to satisfy due process, and (2) that the co...
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Defendants Chris Condon and Pulitzer Broadcasting Company (KSDK) appeal from a judgment entered pursuant to a jury verdict awarding plaintiff actual dam *510 ages of $100,000 against both defendants, and punitive damages of $2,500 against defendant Condon and $1,000,000 against defendant KSDK, on his claim for libel. We affirm in part, and reverse in part. KSDK, owner and operator of KSDK-TV ...
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782 F.2d 1414 54 USLW 2455, 12 Media L. Rep. 1697 William C. O'DONNELL, Plaintiff-Appellant,v.CBS, INC., a foreign corporation, Defendant-Appellee. No. 85-1489. United States Court of Appeals, Seventh Circuit. Argued Sept. 27, 1985. Decided Feb. 4, 1986. Leonard M. Ring, Leonard M. Ring & Assoc., Chicago, Ill., for plaintiff-appellant. A. Daniel Feldman...
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The decision of the United States Patent and Trademark Office (PTO) Board of Appeals (Board), affirming the rejection of claims 8, 9, and 10 of United States patent application Serial No. 301,396 as unpatentable under 35 U.S.C. § 103, is reversed. OPINION This patent application of Charles V. Hedges and Victor Mark (collectively Hedges or applicant) is for a “Process for Pre *1...
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Avis Rent A Car System, Inc. (“Avis”), plaintiff in this action in the District Court for the Eastern District of New York claiming false advertising under § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), 1 has long proclaimed to the world that it is Number 2 in the car rental business. Defendant, The Hertz Corporation (“Hertz”), has just as loudly proclaimed that it is Number 1. The ...
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628 F. Supp. 59 (1986) Lewis W. HOLLOWAY, et al. v. COMBINED EQUITIES, INC., et al. Marguerite Leigh DIEFENBACH v. COMBINED EQUITIES, INC., et al. Civ. A. Nos. 83-359-B, 83-643-B. United States District Court, M.D. Louisiana. January 9, 1986. John C. Anderson, Lemuel E. Hawsey, III, Anderson, Anderson, Hawsey, Rainach & Stakelum, Baton Rouge, La., for plaintiffs. James R. Austin, Boolus J. Bo...
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Plaintiffs, a group of defendant’s former employees, appeal from an order of the district court granting summary judgment in favor of defendant Mead Containers on plaintiffs’ complaint pursuant to 29 U.S.C. § 1132 et seq. and state law. For the reasons that follow, we affirm. I. On August 17, 1983, plaintiffs David E. Blakeman and Harold D. Keeble filed a complaint “on beha...
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This appeal arises from a civil antitrust suit brought by the Government against the Areher-Daniels-Midland Company (ADM) and Nabisco Brands, Inc. (Nabisco). ADM and Nabisco moved for dismissal, or for alternative relief, on the ground that the Government violated Fed.R.Crim.P. 6(e), the rule protecting the secrecy of grand jury proceedings. The district court 1 denied their motion a...
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785 F.2d 13 54 USLW 2459 M.D. PHELPS and Irene K. Phelps, Plaintiffs, Appellees,v.FEDERAL EMERGENCY MANAGEMENT AGENCY, Defendant, Appellant. No. 85-1591. United States Court of Appeals,First Circuit. Heard Jan. 7, 1986.Decided Feb. 28, 1986. Evan Slavitt, Asst. U.S. Atty., Boston, Mass., with whom William F. Weld, U.S. Atty., Boston, Mass., was on brief, for defendan...
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628 F. Supp. 912 (1986) Raymond C. SEYBOLD, Plaintiff, v. FRANCIS P. DEAN, INC. and Peugeot Motors of America, Inc., Defendants. Civ. A. No. 83-137. United States District Court, W.D. Pennsylvania. February 24, 1986. *913 Daniel Gramc, Goerhring, Rutter & Boehm, Pittsburgh, Pa., for plaintiff. Michael Wallisch, John R. Luke, Pittsburgh, Pa., for Francis P. Dean, Inc. Donald A. Kortlandt, Thom...
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Appellant Montauk-Caribbean Airways, Inc., d/b/a Long Island Airlines, appeals from a judgment entered October 1,1985 in the Eastern District of New York, Henry Bramwell, District Judge, dismissing, pursuant to Fed.R.Civ.P. 12(b)(6), federal claims and pendent state claims. Appellant commenced this action on February 8,1985 against members of the Town Board of East Hampton, New York; the Town’s at...
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Lawson Products, Inc. (“Lawson”) appeals from the district court’s denial of its motion for a preliminary injunction against its competitor, Avnet, Inc. (“Avnet”). This dispute arose out of an alleged scheme by Avnet to lure customers and sales people away from Lawson in a manner that tortiously interfered with the business and contracts of Lawson. This case, arising in the wake of Roland Machiner...
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628 F. Supp. 668 (1986) UNITED STATES of America, Plaintiff, v. ONE HUNDRED TWENTY-EIGHT THOUSAND THIRTY-FIVE DOLLARS ($128,035.00) IN U.S. CURRENCY and Real Estate Known as 1325-1337 West Fifth Avenue, Columbus, Ohio and All Appurtenances and Improvements Thereon, Defendants. No. C-2-85-897. United States District Court, S.D. Ohio, E.D. February 11, 1986. *669 *670 Barbara L. Beran, Asst. U.S. A...
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782 F.2d 1508 54 USLW 2468, 228 U.S.P.Q. 853 PARK 'N FLY, INC., Plaintiff-Appellee,v.DOLLAR PARK AND FLY, INC., Defendant-Appellant. No. 82-3220. United States Court of Appeals,Ninth Circuit. Argued and Submitted March 8, 1983.Decided Feb. 20, 1986. Paul L. Gardner, Spensley, Horn, Jabas & Lubitz, Los Angeles, Cal., Alan E. Popkin, Timothy F. Noelker, Jeffrey N. ...
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This appeal presents a certified question, 28 U.S.C. § 1292(b), arising in a Securities Act misrepresentation case. Securities Exchange Act of 1934, § 10(b), 15 U.S.C. § 78j(b); Rule 10b-5, 17 C.F.R. § 240.10b-5. The plaintiffs in the case claim that Maurice Strong, the chairman of AZL Resources, Inc., misrepresented certain facts as a result of which they bought AZL stock and later (when the s...
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Seven appellants appeal the district court’s dismissal of their Bivens and Federal Tort Claims Act, 28 U.S.C. §§ 2671-80 (FTCA), actions after a bench trial. Appellants claim that the trial court erred in holding that the federal employee defendants were immune from suit because of their reasonable reliance on the local police for warrants for searches in which the federal defendants may have part...
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785 F.2d 523 54 USLW 2471 SHAARE TEFILA CONGREGATION, individually, and on Behalf ofits members; Rabbi Martin S. Halpern; Shirley Altman;William Harkaway; Marshall S. Levin; Maurice Potosky andDr. Jacob Teller, Appellants,andAetna Casualty & Surety Company, Plaintiff,v.John William COBB; William Randall Harris; Thomas LloydHeine; William Hess; Thomas Joseph Hunt, Jr.;Raymond Le...
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MEMORANDUM OF DECISION On October 1, 1985 the Supreme Judicial Court of Massachusetts promulgated an ethical rule, Supreme Judicial Court Rule 3:08 Prosecution Function 15 (“PF 15”), to take effect on January 1, 1986. The rule provides: It is unprofessional conduct for a prosecutor to subpoena an attorney to a grand jury without prior judicial approval in circumstances where the pros...
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This is a suit challenging the constitutionality of Maryland’s District Rules governing post-judgment attachments of prop*1193erty of a judgment debtor as issued by the Maryland Court of Appeals and separately codified at the time this suit was filed as the Maryland District Rules, Chapter 1, 100-700, 1100-1300. Chapter 100, Subtitles G & F contain the challenged procedures. The four plaintiffs ar...
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This is a constitutional challenge to the retroactive application of a federal statute, 42 U.S.C. § 2212, that substitutes the United States as defendant in all suits against private contractors to the government for radiation injuries arising from any of the United States atomic weapons testing programs, and makes the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-80, the sole remedy for ...
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484 So.2d 110 (1986) Mrs. Jean HALPHEN v. JOHNS-MANVILLE SALES CORPORATION. No. 85-CQ-0455. Supreme Court of Louisiana. February 24, 1986. Rehearing Denied April 10, 1986. *112 Stephen W. Hanks, Helm, Pletcher & Hogan, Houston, Tex., Ronald Motley, Blatt & Fales, Barnwell, S.C., Jack Martzell, Martzell & Thomas, New Orleans, for plaintiff-appellee. John G. Bissell, Michael L. Baker, S...
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MEMORANDUM OPINION Appellant, Forrest E. Eddy [Eddy], sought to recover — under two theories of liability — actual and exemplary damages against his employer, Texaco Inc. [Texaco], his supervisor, John ,L. Brown, Jr. [Brown] and his foreman, Dallas D. Wilson, Jr. [Wilson], all of whom will be called collectively “employer,” for the tort of outrage 1 and invasion of privacy. Eddy’s grievance u...
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This appeal marks the third time we have reviewed the claims of Robert Bratt, an employee of IBM, against physician Martha Nugent, IBM Vice-President Wesley Liebtag, and IBM itself for breach of privacy. Our first review came as a result of the district court’s refusal to allow Bratt to file a fourth amended complaint and its grant of a summary judgment for defendants on both privacy and libel ...
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Plaintiffs-appellants Richard L. Brown (Brown) and Charles Butterfield (Butter-field) appealed the district court’s order granting summary judgment in favor of defendants-appellees Rand E. Kruger and the law firm of Borowitz and Goldsmith in this antitrust action. Plaintiffs Brown and Butterfield are former franchisees of Joe’s Catering, Inc., a mobile industrial catering business. In their compla...
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Plaintiffs appealed the district court’s entry of a directed verdict in favor of defendants after a lengthy trial on plaintiffs' antitrust claims. Plaintiffs alleged violations of §§ 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1 and 2; § 73 of the Wilson Tariff Act of 1894, 15 U.S.C. § 8; § 2 of the Robinson-Patman Act, 15 U.S.C. § 13; and the Ohio Valentine Act, Ohio Rev.Code §§ 1331.01, 1331.04. Th...
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785 F.2d 304 54 USLW 2478, 229 U.S.P.Q. 131, 1986Copr.L.Dec. P 25,895 BGO Music, Inc.v.Pee Bee Investments, Inc. 85-1615 United States Court of Appeals,Fourth Circuit. 2/18/86 1 S.D.W.Va. AFFIRMED ...
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Appellant, Merle Ellis Owens, appeals his conviction of possessing cocaine with intent to distribute in violation of 21 U.S.C. § 841(a)(1) (1982). Contending that his conviction was based on erroneous admission of evidence obtained in an unlawful search of his motel room that violated his Fourth Amendment rights, he asserts that his conviction must be reversed. BACKGROUND A detailed recitatio...
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The Economic Development Corporation of Dade County (EDCO) appeals from the order of the district court dismissing its complaint against Dade County, Florida and Merrett Stierheim, the Dade County Manager. 606 F.Supp. 108. EDCO’s complaint alleged that these defendants had violated its Fourteenth Amendment rights and thus were liable under 42 U.S.C. § 1983. Because the facts alleged in the complai...
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Ben Hur Construction Co. appeals from a final judgment entered in the District Court,1 607 F.Supp. 383, for the Eastern District of Missouri dismissing its declaratory judgment action against the trustees of the National Shopmen Pension Fund. For reversal, Ben Hur argues that the district court erred in failing to hold as a matter of law that (1) an employer is not subject to withdrawal liability ...
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Corning Glass was charged by Nalpac with infringement of its trademark “Common Scents.” Nalpac used this for a line of incense sticks they were marketing and a federal trademark was granted to them on February 14, 1978. In 1981, an employee of Corning Glass conceived a product consisting of a glass mason jar containing a scented candle. Asserting that it had no knowledge of the Nalpac registry,...
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The question presented here is one of first impression: To what extent does the first amendment principle prohibiting political discharge of government employees, established in Elrod v. Burns, 427 U.S. 347, 96 S.Ct. 2673, 49 L.Ed.2d 547 (1976), and Branti v. Finkel, 445 U.S. 507, 100 S.Ct. 1287, 63 L.Ed.2d 574 (1980), apply to political hiring decisi...
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OPINION Rule 59 of the Federal Rules of Civil Procedure requires that a motion to alter or amend a district court judgment must be served within ten days from the entry of judgment. Rule 4(a)(4) of the Federal Rules of Appellate Procedure provides than an appeal is premature if taken before the disposition of a timely-served motion to amend the district court’s judgment, filed under Rule 59. Rule...
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CHOY, Senior Circuit Judge: This appeal concerns the ability of the district court, sitting in California under diversity jurisdiction, to assert personal jurisdiction and to apply California regulations against a foreign insurance company which was designed not only to indemnify California physicians, but also to avoid the reach of California law. The district court, concluding that perso...
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783 F.2d 541 54 USLW 2486 UNITED STATES of America, Plaintiff-Appellee,v.Eugene LESLIE, Defendant-Appellant. No. 83-3719. United States Court of Appeals,Fifth Circuit. Feb. 20, 1986. Robert Glass, New Orleans, La., for defendant-appellant. John P. Volz, U.S. Atty., Howat A. Peters, Jr., Harry McSherry, Fred P. Harper, Jr., Asst. U.S. Attys., New Orleans, La., S...
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INTRODUCTION The issue in the case before us is whether the decision of the San Francisco Airports Commission to terminate the tenancy of the Christian Science Reading Room Jointly Maintained because it is a religious organization can stand constitutional muster. The Airport acted in the belief that the provisions of the United States and California Constitutions affecting the establishment of rel...
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This is an appeal from a jury-tried case. The jury found for plaintiff, Superior Oil Company, and against the defendants, Huey Fulmer, James Branch, and Roy Nichols. It returned a verdict on the claim for wrongful conversion in the amount of $145,125.00, on the claim under the Racketeer Influenced and Corrupt Organizations Act (RICO) in the amount of $25,000.00, and against defendant Fulmer alone ...
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concurring: I concur in both the result and the court’s opinion. I add this concurrence to make clear that the Federal Torts Claims Act is not dead. The FTCA is not, as government counsel think and continue to urge, confined to the typical fender bender automobile intersectional collision between a postal truck and a citizen’s child-filled station wagon. We have still the significant, still valid,...
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This civil appeal arises from a directed verdict in favor of Western Bank (“Bank”), from which RaDEC Construction Company, Inc. (“RaDEC”), was ordered to pay the sum of $11,718.71 to Bank plus costs and disbursements associated with this action. We affirm. Statement of Facts Located in Hartington, Nebraska, Ra-DEC is a general contractor engaged in the construction of commercial buildings. At al...
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Defendant James C. Breckenridge appeals from his conviction on one count of using a firearm during the commission of a felony in violation óf 18 U.S.C. § 924(c)(1). In this case, the predicate felony for the section 924(c)(1) charge was possession with intent to distribute controlled substances. Breckenridge alleges that the district court erred in failing to suppress evidence, in rejecting his...
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INTRODUCTION Appellants, Carol Dubay Pastos and John W. Pastos (the “Pastos”) seek to redeem property purchased by appellees, the Small Business Administration (the “SBA”), at a mortgage foreclosure sale. The Pastos appeal the dismissals of their petition for redemption and motion to amend the foreclosure order. We reverse and remand. BACKGROUND The Pastos owned commercial property in Monta...
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Brunswick Corporation (“Brunswick”) brought this diversity action, governed by Wisconsin law, against David Di Jones, Jr., seeking preliminary and permanent injunctions to enforce a covenant not to compete, and damages for losses allegedly incurred by Brunswick as a result of Jones’s use of its confidential information. Jones appeals from a preliminary injunction that precludes him from working f...
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Selden Apartment Associates (Selden) appeals the dismissal of its claims brought under section 16 of the Civil Rights Act of 1870 (42 U.S.C. § 1981) and section 1 of the Civil Rights Act of 1866 (42 U.S.C. § 1982). Selden also appeals the jury verdict in favor of the United States Department of Urban Development (HUD) in the remain *154 der of Selden’s unfair housing action brought...
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DECISION hnd ORDER This is an action brought by plaintiffs against the City of Rochester, several of its police officers and one of its police dispatchers, for injuries arising out of their arrest. Plaintiffs also seek damages from the County of Monroe and its Sheriff, Andrew Meloni for the alleged violation of plaintiff Ann Weber’s constitutional rights as a result of her being forced to under...
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This appeal is from the Order of June 25, 1985, of the United States District Court for the Central District of California granting the summary judgment motion of Sturm, Ruger & Company, Inc. (Ruger), and holding that Ruger did not violate the false patent marking statute, 35 U.S.C. § 292. Arcadia Machine & Tool, Inc. (Arcadia) relied on only the second and third paragraphs of § 292. We affirm....
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ORDER In this action for declaratory and injunctive relief, the plaintiffs challenge the constitutionality of a state statute and regulations promulgated thereunder. Pending before the court is the plaintiffs’ motion for summary judgment. In 1982 the Georgia General Assembly amended the list of health care institutions subject to regulation and licensure by the Georgia Department of Human Resourc...
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Helen Debreceni, Fund Manager of the New England Teamsters and Trucking Industry Pension Fund (the Fund), brought suit in the United States District Court for the District of Massachusetts against The Outlet Company (Outlet) to collect $312,890 “withdrawal liability” under the Multiemployer Pension Plan Amendments Act of 1980 (MPPAA), 29 U.S.C. § 1381 et seq. (1982). 1 Pur...
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In this design patent infringement case, Unette Corporation (Unette) appeals from a judgment of the United States District Court for the District of New Jersey. Unette appeals the holding that U.S. design patent No. 267,927 (the ‘927 design patent) was not infringed, the denial of its cross-motion for summary judgment on the issue of infringement, and the dismissal of its motion for summary jud...
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Plaintiff banks filed suit against Touche Ross and a number of the firm’s partners and employees seeking to recover treble damages for alleged violations of the Racketeering Influenced and Corrupt Organizations Act (RICO) 18 U.S.C. §§ 1961, et seq. The district court, 603 F.Supp. 351, dismissed the complaint for failure to state a claim. F.R.Civ.P. 12(b)(6). We reverse. BACKGROU...
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Jack Hereth appeals from the order of the district court denying his motion to stay proceedings and compel arbitration in this securities fraud case. This court has jurisdiction to review the district court’s order as an interlocutory appeal. 28 U.S.C. § 1292(a)(1) (1982); Surman v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 733 F.2d 59, 61 (8th Cir.1984). For the reasons set forth...
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MEMORANDUM and ORDER Two service station operators bring this action on their own behalf and as a proposed class action on behalf of others. They seek damages and other relief under section 4 of the Clayton Act and the Petroleum Marketing Practices Act (PMPA), 15 U.S.C. §§ 15, 2801 et seq. The dispute arises out of Texaco’s 1984 acquisition of the Getty Oil Company and its dive...
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Appellants, two Florida taxpayers, on behalf of themselves and all others similarly situated, sued various state and county officials, both individually and in their official capacities, including the property and tax collectors of Florida’s sixty-seven counties, the Executive Director of the Department of Revenue, and the Attorney General, alleging violation of their federal constitutional rig...
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Arrested for feeding the pigeons and walking her dogs in the park, Anita Kirchoff recovered $25,000 from the police. The defendants gave up, but Kirchoff’s lawyers did not. They wanted some $50,-000 in fees under 42 U.S.C. § 1988. The district court gave them $10,000 on the ground that their contingent fee contract with the Kirchoffs entitled them to 40% of any award. The case requires us to decid...
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715 P.2d 792 (1986) The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Richard SANTISTEVAN, Defendant-Appellee. No. 85SA86. Supreme Court of Colorado, En Banc. March 17, 1986. *793 Jon Neil Barclay, Dist. Atty., Third Judicial Dist., Franklin D. Azar, Asst. Dist. Atty., Trinidad, for plaintiff-appellant. Garrett Sheldon, Walsenberg, for defendant-appellee. DUBOFSKY, Justice. In this int...
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Barbara Ann Rainey and Donald Bruce Knowlton died on July 13, 1982 in a fiery plane crash at Middleton Field, Alabama. Their spouses, John Charles Rainey (“Rainey”) and Rondi M. Knowlton (“Knowlton”) sought money damages under the Florida Wrongful Death Act, Fla.Stat. §§ 768.16-.27 (1985), in district court.1 The jury returned a verdict against Rainey and Knowlton. We hold that the trial judge com...
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MEMORANDUM In cases involving allegations of racial discrimination, parties, their attorneys and in many cases even judges are too ready to let their emotions override their objectivity. It is wise therefore to avoid the temptation to make sweeping rulings in such a case and to narrowly define the problem before us and to stick closely to sound precedent and to time-honored principle...
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Plaintiffs, tenants of public housing projects owned and operated by the defendant Housing Authority of the City of McRae, Georgia, appeal from an order of dismissal by the district court. Plaintiffs sought injunctive, declaratory and monetary relief against defendants, the Housing Authority; its Executive Director and Board of Commissioners (hereinafter “the local defendants”); and the Secretary ...
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If ever an enterprise chartered as an alleged savings and loan association deserved the appointment of a conservator to preserve the integrity of the financial community, this is it. Alliance Federal Savings and Loan Association (Alliance) was granted its charter as a federal mutual savings and loan association on July 14, 1980. On April 8, 1981, Alliance became a member of the Federal Hom...
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This is a petition for review by a bank and its principal stockholders and officers of a decision of the Board of Directors of the Federal Deposit Insurance Corporation. Oral argument was heard on an expedited basis, and extensive briefs have been filed by both parties addressing numerous charges leveled against the Board’s removal of the individual appellants from the bank and cease and desist...
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Domina appeals from a conviction on four counts of bank robbery and one count of possession of a firearm by an ex-felon. He contends he was deprived of his sixth amendment right to confront a principal witness against him by a limitation on the cross-examination of that witness. He also contends he was deprived of due process because the identification of him by three witnesses was impermissibly s...
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On the evening of June 5, 1976, Grady Peek, Jr. and James Jones were brutally beaten to death. Petitioner David Peek was arrested in connection with the murders early the following morning. After being advised of his rights, petitioner confessed to both beatings, but claimed he did so in self-defense. Peek later recanted this statement and denied any involvement in the murders. He was eventually ...
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Appellant, Broomall Industries, Inc. (Broomall), appeals from a December 4, 1984, decision of the United States District Court for the Northern District of California, granting partial summary judgment in favor of appellee, Data Design Logic Systems, Inc. (Data Design). The decision was based on the court’s determination that Broomall’s action for patent infringement was discharged pursuant to ...
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John Stearns appeals a trial court order denying his motion to quash a subpoena duces tecum issued by the defendants in a personal infury action to which Stearns was not a party. Stearns, a newspaper photographer for the Fort Wayne News-Sentinel claimed a privilege against compulsory disclosure of information obtained in the course of his employment with the newspaper. The court, in a general judg...
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dissenting. As the majority points out there are three distinct authorizations in Indiana for the termination of parental rights. The adoption statute, IC 31-3-1-1 et seq., permits an adoption to be granted without the consent of the natural father of a child born out of wedlock whose paternity has not been established by a court proceeding. IC 31-3-1-6(g)(2). I agree with the majority that the ad...
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From July 1967 through August 1973 Edward F. Hill was a Supervisory Contract Specialist of the Army Munitions Command. Hill negotiated and supervised contracts for ordinance. In May 1973 the Command awarded three contracts for 60mm mortar rounds. Two of these went to Medico Industries, the third to Airport Machining Corp. Hill was the contracting officer for all three. Airport Machining entered...
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Lederle Laboratories brings this appeal to challenge jury verdicts of $50,000 in compensatory, and $100,000 in punitive damages awarded to Maria Mulligan. Mrs. Mulligan, a medical laboratory technician, brought this action in 1979, alleging that Varidase, a drug manufactured by Lederle . and given to her in 1960, caused her to develop several chronic health problems, including mouth sores in 1962...
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The defendants, William F. Brinkley, Jr. and W.F. Brinkley & Son Construction Company (“Brinkley & Son”), appeal their convictions of one count of conspiring to rig bids on a construction project in violation of Section 1 of the Sherman Act, 15 U.S.C. § 1. Brinkley, president of Brinkley & Son was sentenced to 30 days incarceration and fined $25,000. The. company was fined $100,000. The ap...
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The United States Bankruptcy Court for the Southern District of Florida permitted a financially secure individual and his wife to file a joint Chapter 13 petition in bankruptcy ‘.‘for the sole purpose of rejecting an option agreement.” The district court affirmed the bankruptcy court’s order. We reverse. I. On June 24,1983 Edward J. Waldron and his wife Elizabeth filed a joint volunta...
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MEMORANDUM OPINION This matter is before the court on the Petition of the law firm of Caplin & Drys-dale Chartered (“Caplin & Drysdale”) who seek a modification of the forfeiture order entered by the court on May 17, 1985, to permit payment of defendant Christopher Reckmeyer’s attorneys’ fees. This case presents a conflict between the forfeiture of drug related assets under the Comprehens...
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Plaintiffs Robert J. Koppes and Susan J. Koppes brought this action to recover damages allegedly caused by defendant’s negligent performance of back surgery on Susan. The surgery was performed on August 1, 1975, but the action was not commenced until January 10, 1985. Plaintiffs have attempted to avoid the effect of Iowa’s statute of limitations directed at medical malpractice claims by contending...
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Arthur J. Roehling sued eighteen defendants, alleging personal injuries due to exposure to their asbestos products. Shortly after the filing suit, Roehling died and his wife, Grace A. Roehling, was substituted as plaintiff. The district court granted summary judgment in favor of four defendants; National Gypsum Company; Owens-Illinois, Inc.; GAF Corporation; and The Celotex Corporation. The other ...
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The principal issue in this case, here on appeal from the United States District Court for the District of Columbia, is whether section 483(a) of the Higher Education Act of 1965, as amended, 20 U.S.C. § 1090(a) (1982), precludes the charging of a fee for the processing of any application by a post-secondary school student for federal aid. The district court held that section 483(a) does not co...
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FACTUAL BACKGROUND This securities case presents two large legal questions which must be decided in the context of a multitude of small facts. The facts tell the story of contacts and discussions between officials of Basic Incorporated and Combustion Engineering, Incorporated, which eventually led to the merger of these two publicly traded corporations. ■ In this setting, we are called upon to ana...
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D.A. Rickards, M.A. Custer, Paul V. Belkin and John S. Sleasman (“Rickards group”) appeal from the grant of summary judgment in favor of Canine Eye Registration Foundation, Inc., Lawrence M. Trauner and Dolly B. Trauner, (“CERF”) defendants and counterclaimants in this antitrust action. The district court granted summary judgment on the CERF counterclaim, which challenged the Rickards group’s orig...
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This is an appeal from a district court decision denying costs to a prevailing party pursuant to Rule 54(d) of the Federal Rules of Civil Procedure. Appellant American Hospital Supply Corp. (AHSC), the defendant in an antitrust action brought by White & White, Inc. and other local distributors of surgical supplies who compete with AHSC, prevailed when this court reversed the decision of the dis...
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Appellants Dade City, Florida and its public officials, William F. Brewton, Agnes Lamb, Charles McIntosh, Jr., William L. Dennis and D.L. Williams, appeal the judgment of the district court that they intentionally discriminated in violation of the fourteenth amendment in the provision of street paving, street resurfacing and maintenance, and storm water drainage facilities to the black community o...
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MEMORANDUM and ORDER In this criminal prosecution under 21 U.S.C. § 842 the above named individual (“the defendant”) had been convicted May 16,1985, 608 F.Supp. 530, of having willfully and unlawfully attempted to possess a quantity of cocaine with the intent to distribute it. After the jury had returned its verdict, it had been instructed by me to determine whether certain amounts of cur...
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485 So.2d 462 (1986) The STATE of Florida, Appellant, v. Jorge MADRUGA-JIMINEZ, Appellee. No. 84-1845. District Court of Appeal of Florida, Third District. March 11, 1986. Rehearing Denied April 14, 1986. *463 Jim Smith, Atty. Gen., and Richard Polin, Asst. Atty. Gen., for appellant. Bennett H. Brummer, Public Defender, and Howard K. Blumberg, Asst. Public Defender, for appellee. Before BARKDULL,...
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This is an appeal from a conviction following a jury trial on two counts of conspiracy to defraud the United States in violation of 18 U.S.C. § 371. Section 371 makes it a crime for two or more persons to conspire either to commit any offense against the United States, or to defraud the United States. Appellants here have been convicted of conspiring to defraud the United States by structuring cer...
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Appellant, Clayton M. Bryant, asks us to reverse dismissal of his writ of habeas corpus. He claims two errors of constitutional dimension in his Massachusetts murder trial: admission of an involuntary oral confession made without the benefit of Miranda warnings, along with its “fruit”, a subsequent written confession, and ineffective assistance of counsel. We reject both of these claims, and af...
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OPINION OF THE COURT Americans United for Separation of Church and State and others appeal from a judgment dismissing their amended complaint against the President of the United States, the Secretary of the Treasury, and the United States Ambassador to the Vatican. The complaint sought declarations (1) that congressional actions consenting to the appointment of and funding for a diplomatic missio...
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By this appeal we review Rule 56(c), W.R.C.P., as relating to the date of filing responsive affidavits to resist a motion for summary judgment in a child custody and visitation controversy arising subsequent to entry of the original divorce decree. The trial court held that affidavits not filed on the day prior to hearing would not be considered by the court even though earlier served. Additionall...
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This is an appeal from a district court order holding the United States Department of Housing and Urban Development (“HUD”) in contempt of court. The district court based its contempt citation upon its finding that HUD had violated the terms of a 1979 consent decree. The 1979 consent decree superseded a 1976 consent decree which settled a class action suit filed by mortgagors who potentially we...
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Plaintiffs/appellants Harry Sterman and Etta K. Steiner (plaintiffs) appealed from the district court order granting a summary judgment in favor of the defendants, which dismissed plaintiffs’ derivative claim *164for recovery of short swing profits under Section 16(b) of the Securities Exchange Act of 1934, 15 U.S.C. § 78p(b).1 The facts giving rise to this cause of action are basically undisputed...
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OPINION OF THE COURT The judgment in this diversity action was entered on a jury verdict finding the appellee asbestos suppliers liable to appellant but awarding him no damages. This appeal raises a number of important issues which have been debated for some time in federal and state asbestosis litigation in New Jersey. The appellant, Lester R. Herber, charges that the district court abused its d...
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Defendant Oppenheim, Appel, Dixon & Co. moves pursuant to Federal Rules of Civil Procedure 12(b)(6) and 9(b) to dismiss the complaint in this action for failure to state a claim upon which relief can be granted and for failure to plead the fraud claims with sufficient particularity. For the reasons explained below, the motion is granted in part and denied in part. I. The present actio...
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ON PETITION FOR REHEARING This Louisiana diversity case was brought by Ernest Adams, a former commercial insulator. He seeks recovery for compensatory damages, for his increased risk of developing cancer and for his fear of contracting cancer, all of which allegedly resulted from his exposure to the defendant-manufacturers’ asbestos products. The district court entered judgment in favor of the ...
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In Patsy v. Board of Regents of the State of Florida, 457 U.S. 496, 102 S.Ct. 2557, 73 L.Ed.2d 172 (1982), the Supreme Court determined that there is no general exhaustion of remedies requirement for plaintiffs pursuing claims under 42 U.S. C.A. § 1983 (1985). This Circuit has not previously attempted to mark the precise contours of that holding. We hold today that Patsy does not preclude the find...
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dissenting. Because I do not agree that the Court’s decision strikes a fair balance between the media interests represented by Newsweek and the individual interests represented by Janklow, I respectfully dissent. Since 1964, the press has enjoyed the benefit of the Supreme Court’s decision in New York Times v. Sullivan, 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686 (1964), which bars a public officia...
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OPINION OF THE COURT This case presents three important questions concerning the Multiemployer Pension Plan Amendments Act of 1980 (“MPPAA”), 29 U.S.C. § 1381 et seq. (1982): 1) whether MPPAA authorizes a right of action to collect withdrawal liability payments pending arbitration proceedings at which employers withdrawing from the plan may challenge assessments of withdrawal liability made by pl...
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OPINION OF THE COURT This case, before the court on the district court’s certification pursuant to 28 U.S.C. § 1292(b) (1982), presents the question whether the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. §§ 1331— 1340 (1982) (the “Act”), preempts any or all of the state common law claims brought by appellee Antonio Cipollone and his wife Rose in the district court. Several of the c...
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OPINION OF THE COURT This case presents a labyrinthine question concerning the calculation of attorney fees for representation of a Social Security disability insurance claimant. The district court concluded that the method employed by the Social Security Administration (SSA) for determining the attorney fee in this proceeding was not consistent with the relevant statute, 42 U.S.C. § 406(...
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787 F.2d 92 54 USLW 2532, 1986-1 Trade Cases 67,012 GREGORY MARKETING CORPORATION and Daniel Scher, Appellants,v.WAKEFERN FOOD CORPORATION and Red Cheek, Inc., Appellees. No. 85-5206. United States Court of Appeals,Third Circuit. Argued Dec. 5, 1985.Decided March 26, 1986. Bruce H. Nagel (argued), Robert E. Bennett, Meth, Nagel, Rice, Woehling & Bausch, West Or...
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Appellants, Elma Speight Farmer and his wife, Mary Alice Farmer, d/b/a Speight Oil Company, Speight Oil Company, La., and Elma Speight Farmer Farm and Livestock are debtors in a Chapter 7 bankruptcy proceeding. They appeal from an order of the district court affirming the determination of the bankruptcy court that a trustee in bankruptcy is a “party in interest” permitted to move for an extension...
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Citibank filed suit against Interfirst seeking to recover the amount due and payable on a non-negotiable certificate of deposit. The district court granted summary judgment in Citibank’s favor awarding Citibank $115,750 in addition to $15,000 in attorney’s fees and costs. This Court affirms the district court’s judgment in favor of Citibank but reduces the district court’s award of attorney’s f...
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This is an appeal from a dismissal for lack of personal jurisdiction over defendant, a professional law firm corporation. New Hampshire residents Linda Kowalski, n/k/a Linda Larochelle (Larochelle), and her two children, brought this malpractice diversity suit in the United States District Court for the District of New Hampshire against the Massachusetts law firm of Doherty, Wallace, Pillsbury ...
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dissenting from Part IV: I would reverse Carvajal’s conviction because his right to Due Process and right to counsel were violated. When a district court and a criminal defense attorney have an in camera discussion about the attorney’s disbarment and its effect on his continued representation of the defendant, I believe that the defendant has the right to be informed and present. A criminal defend...
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The government appeals the district court’s grants of summary judgment for *606appellees Peter Boas, Timothy Fuller, and Janet McCoy in two proceedings in which the right of the government to the forfeiture of a promissory note, an automobile, and a sum of money allegedly used in a drug smuggling operation were drawn in issue. We affirm the denial of forfeiture of the automobile and the sum of mon...
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Appellant challenges the decision of the lower court which terminated his parental rights to Baby Boy Doe, appellant’s illegitimate son. For the reasons stated below, we reverse. Appellant, a California resident, lived with Baby Boy Doe’s mother, S.H., for three and a half years in California. In June 1984, S.H. moved to Utah to live with her brother and sister-in-law. At that time, S.H. was pregn...
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OPINION OF THE COURT I. BACKGROUND Appellant John Doe, a defense witness in the federal criminal trial of William T. Smith and Alan R. Stoneman on charges arising out of the bribery of a high Pennsylvania official, appeals in an effort to prevent disclosure of the transcript of a sidebar conference containing a question to him that was proffered by the prosecution. The Unite...
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. A union pension trust appeals a partial summary judgment holding that certain terminated employees were one hundred percent vested under the pension plan. The plan provided for thirty percent vesting upon completion of 156 weeks service and one hundred percent vesting after 158 weeks. The employees were terminated at the end of 156 weeks service and sought credit for accrued vacation time to qua...
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This is an appeal from the judgment, after a jury trial, entered on December 4, 1984, amended December 10, 1984, by the United States District Court for the Northern District of Georgia, holding Witco Chemical Corporation’s (Witco) U.S. Patent Nos. 3,846,347 (’347) and 4,248,975 (’975) (collectively called Witco’s patents) not invalid and infringed by foam-forming systems and prepolymers sold b...
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Shortly after we decided this case on May 13, 1985, see Kuntz v. Reese, 760 F.2d 926 (9th Cir.1985), the Reese defendants1 petitioned our court to rehear this matter. The Reese defendants argue, among other things, that several persuasive authorities outside this circuit undermine the conten*1411tion that the Kuntz plaintiffs2 had standing under the Employee Retirement Income Security Act (ERISA) ...
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This appeal stems from a decision rendered by a duly constituted Arbitration Panel (“Panel”) of the Pacific Stock Exchange (“PSE”), holding Merrill Lynch, Pierce, Fenner & Smith, Inc. (“Merrill Lynch”) liable to R. James French (“French”), for negligent misrepresentation in connection with French’s sale of option contracts to a Merrill Lynch broker. The Panel awarded French compensatory damages of...
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Defendant Willie Nelson appeals from an order denying his motion for a stay pending arbitration and from an order vacating on the ground of evident partiality an arbitration award in favor of Nelson against plaintiff Taylor, 615 F.Supp. 533. We hold that this court has jurisdiction to consider Nelson’s appeals, and that the motion by Taylor to vacate the arbitration award was not filed within the ...
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This is a petition to review State, Department of Banking and Finance ex rel. Lewis v. Standard Federal Savings and Loan Association, 463 So.2d 297 (Fla. 1st DCA 1984), in which the First District Court of Appeal held that this state’s Department of Banking and Finance could not enforce against appellees sections 658.74 and 665.1001(2), Florida Statutes (1983), which relate to branch banking, on t...
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This is a suit on a fire insurance policy. Betty Kulubis sued Texas Farm Bureau Underwriters Insurance Company for the proceeds of a policy after her estranged husband intentionally burned the couple’s mobile home. The trial court rendered judgment for Texas Farm and the court of appeals, with one justice dissenting, affirmed that judgment. 699 S.W.2d 287. We reverse the judgment of the court o...
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The Trustees of the Amalgamated Insurance Fund (“The Fund”) appeal from an order of the Western District of New York, Michael A. Telesca, Judge, affirming without opinion a decision of Judge Edward D. Hayes of the bankruptcy court (reported at 46 B.R. 88 (1985)) in the Chapter 11 bankruptcy of McFarlin’s Inc. The decision held that “withdrawal liability” incurred by McFarlin’s under ...
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A group of home builders and other industry representatives filed an original petition in this court seeking to strike down as unconstitutional both the Pacific Northwest Electric Power and Conservation Planning Council and the Council’s 1983 Northwest Conservation and Electric Power Plan. We have jurisdiction under the Pacific Northwest Electric Power Planning and Conservation Act, Pub.L. 96-501,...
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OPINION OF THE COURT Under a 1982 statute, the Inspector General of the Department of Defense (Inspector General) is charged with combating fraud, waste, and abuse. To discharge that duty, Congress gave the Inspector General broad subpoena power. This appeal, presenting an issue of first impression in the appellate courts, requires us to consider the contours of that power. At the re...
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The Secretary of Health and Human Services (Secretary) appeals from a district court judgment awarding attorney’s fees pursuant to 42 U.S.C. § 406(b)(1) to the attorney who successfully represented a claimant seeking retroactive Title II disability benefits and Title XVI Supplemental Security Income (SSI) benefits. The Secretary claims that the district court erred in computing the amount of at...
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MEMORANDUM OPINION AND ORDER RE: PLAINTIFFS’ MOTION FOR ATTORNEY FEES BEFORE THE COURT is the Petition for Judgment of Attorney Fees and Costs Pursuant to 15 U.S.C. § 15 filed by plaintiffs on August 28,1985. Testimony thereon and final argument were heard by the court on January 3, 1986. Plaintiffs appeared by attorneys Robert H. Whaley and Lucinda S. Whaley of Winston & Casha...
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ORDER GRANTING DEFENDANT’S MOTION FOR A NEW TRIAL “To deny a defendant the right to tell his story from the stand dehumanizes the administration of justice. I cannot accept a decision that allows a jury to condemn to death or imprisonment a defendant who desires to speak, without ever having heard the sound of his voice.” Wright v. Estelle, 572 F.2d 1071 at 1078 (5th Cir.1978) (Godbold, J., d...
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This is the second time this search and seizure case has been considered by us. Our first opinion, United States v. Curry, 751 F.2d 442 (1st Cir.1984), remanded three matters to the district court for further proceedings, two of which are relevant to this case. We asked the district court to determine whether there were any items introduced into evidence which were in plain view prior to the ar...
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These are motions for preliminary injunction brought in the context of litigation over a tender offer for the stock of defendant Chicago Pneumatic Tool Co. (“CP”). The plaintiffs and movants in these two consolidated actions are Danaher Corp. (and related entities), the tender offeror for CP stock, and John D. Spears, a shareholder of CP who brings a derivative action against CP’s directors. Th...
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OPINION OF THE COURT This case presents the question of whether, under the Multiemployer Pension Plan Amendments Act (“MPPAA”), 29 U.S.C. § 1381 et seq., an employer-member of an ERISA pension plan may be assessed withdrawal liability when it sells all of its stock to another employer that assumes the operations of the corporate seller and employs most of its employees, and, by virtue of its ...
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This expedited appeal challenges the constitutionality under the First Amendment of federal rules which prohibit televising, broadcasting, recording, and photographing proceedings in federal criminal trials. Based on our conclusion that the challenged rules do not violate the First Amendment, we affirm the district court’s decision denying appellant-intervenor Russell Wise’s application to broa...
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Georgia Cunningham appeals from a district court’s dismissal of her cause of action brought under the Federal Torts Claims Act, 28 U.S.C. § 2674 (“FTCA”). We affirm. FACTS AND PROCEEDINGS BELOW Mitchell Cunningham was an employee at the Stauffer Chemical Company Phosphate Plant (“Stauffer Plant") in Silverbow County, Montana. On August 14, 1982 Cunningham was sprayed with raw phosphorous. He died ...
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OPINION Several motions await decision in this case, which arose from the abortive sale of two financial planning corporations. All defendants have filed a motion to dismiss the suit, and defendant Herbert Ehlers additionally seeks dismissal because of allegedly improper service of process and lack of personal jurisdiction. To ward off the possibility of dismissal, plaintiffs also seek to...
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Plaintiff, suing on behalf of a class of purchasers of securities of Trans World Airlines (“TWA” or “the Airline”), alleges violations of § 10(b) of the Securities Exchange Act of 1934 1 and § 11 of the Securities Act of 1933. 2 Plaintiff alleges that the July 29,1983 prospectus by which TWA offered a new issue of convertible preferred stock failed to disclose that TWA’s p...
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American State Bank of Dickinson [American State Bank] appeals from a district court judgment in favor of Great American Insurance Companies [Great American] for conversion of a “payable through” 1 draft which Welch Rathole Service [Welch] deposited in its account at American State Bank without the endorsement of a joint payee, Ford Motor Credit Company [Ford Credit]. We reverse and ...
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concurring. I concur in Judge Billings’ opinion, and write separately primarily in response to Judge Welliver’s dissent. I. Section 402A of the Restatement (Second) of Torts is not statutory law. Nor does it answer all the questions which may be presented by future cases. I disagree with Judge Welliver’s suggestion that we should lay down a rule for future cases involving different facts. I prefer...
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George Edward Adeeb (Adeeb) appeals from the district court’s order denying his appeal from a bankruptcy court judgment. The bankruptcy court found that Adeeb transferred property out of his estate within one year of bankruptcy with intent to hinder or delay his creditors. It therefore denied Adeeb’s discharge in bankruptcy under 11 U.S.C. § 727(a)(2)(A) (1982). We have jurisdiction over this appe...
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This case raises serious questions concerning the attempted termination of certain insurance benefits under a welfare benefit plan for retired employees by an employer.in the process of reorganization in bankruptcy. The benefits in question were not the subject of any collective bargaining agreement. There is involved in this controversy the application of the Employee Retirement Income Security A...
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Plaintiffs, National Association of Retired Federal Employees and its officers, four retired federal employees, seek a declaratory judgment that section 252(a)(6)(C)® of Pub.L. No. 99-177, 99 Stat. 1037 (1985), popularly known as the Gramm-Rudman-Hollings Act, effects an unconstitutional taking of property without just compensation under the fifth amendment. Plaintiffs also request that we perman...
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Plaintiff-Appellee Vibra-Tech Engineers, Inc. (Vibra-Tech) was awarded approximately $60,000.00 in attorneys’ fees by the district court pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. Defendant-appellant United States appeals this award of attorneys’ fees, claiming that the position of the government was substantially justified, that even if ait award of attorneys’ fees is p...
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508 A.2d 75 (1986) Curtis L. WATSON, Appellant, v. UNITED STATES, Appellee. No. 83-996, 83-1136 and 83-1150. District of Columbia Court of Appeals. Argued March 13, 1985. Decided April 8, 1986. *76 Mark S. Carlin, Public Defender Service, with whom James Klein, Public Defender Service, Washington, D.C., was on brief, for appellant. Thomas J. Tourish, Jr., Asst. U.S. Atty., with whom Joseph E. diG...
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OPINION This case comes before us on a certified question propounded by the Superior Court, which question reads as follows: “WHETHER G.L. 1956 (1969 REENACTMENT) § 33-1-8 VIOLATES THE EQUAL PROTECTION CLAUSE OF THE FOURTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION BY INVIDIOUSLY DISCRMI-NATING ON THE BASIS OF ILLEGITIMACY BECAUSE IT PROHIBITS AN ILLEGITIMATE CHILD FROM INHERITI...
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Appellee, Alfred Ray Bradshaw, appealed his conviction for burglary to the Texas Court of Criminal Appeals. Sitting on the panel which considered his appeal was Judge Jim Vollers. Vollers had been the Texas State Prosecuting Attorney at the time of appellee’s conviction and the filing of his appeal and his name appears as State Prosecuting Attorney on the state’s brief in the appeal. Appel...
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This is an appeal from the decision of the United States Patent and Trademark Office’s Trademark Trial and Appeal Board (Board) refusing registration of a trademark of a foreign corporation, on the ground that the mark so resembles marks registered by an American subsidiary of the foreign corporation that confusion between the American subsidiary’s marks and the mark sought to be registered is ...
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Daisy Ellington purchased a bottle of Coca-Cola from a vending machine and ingested a portion thereof at her hairdresser’s shop on August 19, 1977. After her beautician completed her hair, Daisy replaced her glasses and started to finish the drink. In so doing she noticed what she perceived to be a worm, and proceeded to become physically ill. Plaintiff remained in this state until she reached ...
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Plaintiffs’ investment group purchased limited partnership interests in certain Illinois apartment buildings. At the time they purchased their limited partnership shares, plaintiffs also acquired an option to buy out the general partners. Several years later, plaintiffs became disenchanted with the deal and brought suit against the brokers that had arranged the investment, the general partners ...
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These cases pose the question whether unadmitted aliens properly may claim the protection of the Due Process Clause of the United States Constitution to secure parole revocation hearings. We earlier determined that, for unadmitted aliens, the right to such hearings is not resident in the core values of the Due Process Clause per se. We are today asked to determine whether some actionable liberty i...
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788 F.2d 1217 54 USLW 2562, 5 Fed.R.Serv.3d 786 Robin L. ALBRIGHT, Plaintiff-Appellee,v.The UPJOHN COMPANY, Defendant-Appellant. No. 85-5256. United States Court of Appeals,Sixth Circuit. Argued Feb. 11, 1986.Decided April 24, 1986. Winfrey P. Blackburn, Jr., W. Kennedy Simpson, Stites and Harbison, Louisville, Ky., Peter A. Copeland, argued, The Upjohn Co. Kalamazoo...
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Appellant George Benny was convicted after a jury trial of twenty-one counts of mail fraud under 18 U.S.C. § 1341-42 and one count of racketeering under RICO provision 18 U.S.C. § 1962(c). The indictment arose out of two related and one unrelated schemes to defraud institutional lenders in the financing of a northern California apartment building and a planned community to be built on a Nevada ...
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MEMORANDUM AND ORDER ON DEFENDANTS’ MOTION TO DISMISS The essential background of this motion is straightforward. Joseph C. Palmer died in 1980, allegedly from lung cancer caused by his smoking L & M cigarettes since 1957. His wife, on her own behalf and as administratrix of his estate, and his mother filed this suit against the defendants, Liggett Group, Inc. and Liggett & Myers Tobacco ...
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The central issue here is whether we will depart from our rule of causation that a plaintiff in a products liability action bears the burden of proving the defendant manufactured or supplied the product that caused the injury. Plaintiffs maintain they are injured due to the ingestion in 1949 of a drug, a synthetic estrogen compound of stilbene derivatives which we shall refer to as DES. Plainti...
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Eugene McMahon and Julia A. McMahon (“appellants”), individually and as trustees for various pension and profit-sharing plans, appeal from that part of an order entered September 25,1985 in the Southern District of New York, Lloyd F. MacMahon, District Judge, 618 F.Supp. 384, which required appellants to arbitrate their claims against Shearson/American Express, Inc. and its registered representati...
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William L. Hagerty was accidently soaked with toxic chemicals while doing duty as a Jones Act seaman. He sues for his damages which include pain and suffering, mental anguish due to the fear of developing cancer, and the medical expense of regular checkups to monitor against that disease. The district court granted summary judgment for the defendants on the ground that no cause of action had ac...
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Richard Jaffarian and Richard Jaffarian Associates, Inc. (Jaffarian) appeal from the district court’s judgment awarding damages and injunctive relief to Dennis W. Koontz and his wholly-owned’Master Service Corporation (Koontz) for copyright infringement. Koontz prepared and copyrighted a manual containing a compilation of data for estimating bids for electrical construction contracts. In conjuncti...
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Charles F. Huber, II (“Huber”) and Thomson McKinnon Securities, Inc. (“Thomson McKinnon”) appeal from a judgment of the United States District Court for the Southern District of New York (Keenan, J.), declaring that appellee Fort Howard Paper Company (“Fort Howard”) was not liable in contract to either Huber or Thomson McKinnon for a finder’s fee in connection with the 1983 merger between Fort How...
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OPINION OF THE COURT Following an adverse jury verdict, the unsuccessful representatives of a certified plaintiff class filed several post-trial motions for a new trial or judgment n.o.v. Denied relief, they appeal, contending that the district court committed at least eleven reversible errors. In addition, they successfully petitioned for an interlocutory appeal under 28 U.S.C. § 1292(b) questio...
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486 So.2d 116 (1986) LOUISIANA STATE BAR ASSOCIATION v. Wilmer G. HINRICHS. No. 84-B-1459. Supreme Court of Louisiana. March 31, 1986. *118 Thomas O. Collins, Jr., Wood Brown, III, New Orleans, Robert J. Boudreau, Sam J. D'Amico, Baton Rouge, Carrick R. Inabnett, Monroe, Harold J. Lamy, New Orleans, Alfred S. Landry, New Iberia, Philippi P. St. Pee', Metairie, Roland J. Achee, Shreveport, Gerald ...
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Gibson Chemical and Oil Corporation and its president, Lee J. Roth, appeal from an order of the United States District Court for the Eastern District of New York (McLaughlin, J.) granting appellee General Motors Corporation’s motion for a preliminary injunction and confirming an ex parte order authorizing the seizure of goods which allegedly infringed a General Motors trademark. Appellants contend...
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486 So.2d 649 (1986) Ramon TRESPALACIOS, As Personal Representative of the Estate of Juan Ramon Trespalacios, Deceased, for the Use and Benefit of the Estate of Juan Ramon Trespalacios, Deceased, for Magda Caridad Romeu Hernandez, Surviving Spouse of Decedent, Individually, and for Ramon Trespalacios and Mirled Trespalacios, Surviving Minor Children of Decedent, by and through Their Natural Grand...
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This is a consolidated appeal from two decisions of the United States Patent and Trademark Office (PTO) Board of Appeals (Board), sustaining the examiners’ rejection of all claims in related reissue applications, Serial Nos. 198,291 (the ’291 reissue application) and 198,526 (the ’526 reissue application). All claims in the two applications were rejected as unpatentable under 35 U.S.C. § 103 be...
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We are again faced with the task of defining the limits of the doctrine first announced in Feres v. United States, 340 U.S. 135, 71 S.Ct. 153, 95 L.Ed. 152 (1950), to determine whether a former serviceman may maintain this lawsuit against federal officials, both civilian and military, for injuries suffered before or after his discharge from military service. In affirming, we permit the lawsuit....
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In this case, we must decide what is a plaintiff's burden of proof for establishing the element of predation in a predatory pricing claim when the alleged predatory price is afforded only to a select customer. The principal question presented is whether the average variable cost of a product, the standard against which a price is compared to establish predation, must be determined from costs uniqu...
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This case arose out of a state court domestic relations case that originated in the Superior Court of Peach County, Georgia. In the state court action, 56-year-old plaintiff-appellant Jurldine A. Donaldson was sued for divorce by her 81-year-old husband Jarrell H. Donaldson. They had been married less than one year. While that case was pending, Jurldine A. Donaldson filed the instant case in th...
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concurring: I concur in the result reached by the majority and join in their reasoning on all but one issue. That issue is the allocation of the burden of proof for the present value of lost future earnings. In my opinion, that burden must rest with the plaintiff. We are in agreement that lost future earnings must be reduced to their present value. St. Louis Southwestern Railway Company v. Dickers...
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This case concerns the validity of a provision in a Blue Cross and Blue Shield contract which excludes payment for services already covered by workers’ compensation. Virginia law prohibits provisions in policies that deny recovery for services for which the insured has been reimbursed by “a third party responsible for such personal injuries.” Va. Code § 38.1-342.2 (1980). The district court decide...
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This is an appeal by Investment Company Institute from a January 22, 1986 judgment of the United States District Court for the District of Connecticut, Cabranes, /., granting the motion for summary judgment of defendants Connecticut Bank & Trust Company, N.A. (CBT) and the Connecticut Bank & Trust Company IRA Collective Investment Fund and entering judgment in defendants’ favor. Judge Ca-branes’ d...
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The Evans Group1 (Evans), a Florida architecture and planning firm, appeals from *900judgments in two civil actions, 81-706-CIV-ORL-18 and 83-276-CIV-ORL-18, rendered in favor of the defendants below, Complete Interiors, Inc.2 (Cl), a Florida land development and contracting company, and its general manager David M. Meadows (Meadows). In both actions, Evans appeals the district court’s judgment fo...
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OPINION At this late juncture in a long and complicated proceeding the plaintiff, The Nemours Foundation (“Nemours”), has filed a motion to disqualify counsel for the defendant in this case, Pierce Associates, Inc. *420 (“Pierce”). 1 The case began originally as three separate actions, all filed on April 5, 1983, 2 concerning disputes which arose during ...
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786 F.2d 592 54 USLW 2582, 4 Fed.R.Serv.3d 607,Prod.Liab.Rep.(CCH)P 10,939 Wilbur R. McLAUGHLIN and Betty McLaughlin, his wife,v.The FELLOWS GEAR SHAPER COMPANY.Appeal of Hermann PFAUTER. No. 85-1327. United States Court of Appeals,Third Circuit. Argued Jan. 7, 1986.Decided March 24, 1986. Norbert F. Bergholtz (argued), Jean Wegman Burns, Frank J. O'Hara, Dechert Pri...
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The Capra family sued for damages arising out of the publication of their true identities, which had been concealed by the federal witness protection program. Jurisdiction in the district court was based solely on diversity of citizenship. They appeal the district court’s decision on summary judgment that the information published was newsworthy. We reverse and remand for further proceedings. Anth...
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OPINION Plaintiff, Glenn A. Reitmeier, and Defendant, Kathryn J. Kalinoski, were engaged to be married when, on August 10, 1984, they purchased a lot of real property with a dwelling place upon it in Ewing Township, New Jersey. On that date they also executed an agreement contingent upon their marriage attempting to set forth their respective interests in that and other property. Plaintif...
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Defendant Samuel J. Passarella appeals his convictions of five counts of an indictment charging him with conspiracy to sell or exchange counterfeit obligations of the United States in violation of 18 U.S.C. §§ 472 and 473, the unlawful possession and transfer of Federal Reserve notes in violation of 18 U.S.C. §§ 472 and 473, conspiracy to distribute Schedule II controlled substances in violatio...
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VISA International Service Association (“VISA”) appeals from the district court’s denial of its application for further discovery pursuant to Federal Rule of Civil Procedure 56(f), and from the corresponding entry of summary judgment against it. We reverse the denial of the Rule 56(f) application and the entry of summary judgment. Bankcard Holders of America (“BCH”) has filed a cross-appeal from t...
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708 S.W.2d 651 (1986) S.A.V., Plaintiff-Appellant, v. K.G.V., Defendant-Respondent. No. 67189. Supreme Court of Missouri, En Banc. April 15, 1986. *652 Dana Hockensmith, Carol Bader, Hillsboro, for plaintiff-appellant. Paul H. Schramm, M. Harvey Pines, Mark S. Corman, Clayton, for defendant-respondent. RENDLEN, Judge. This appeal concerns Missouri's longstanding rule of interspousal immunity for ...
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Eastman Kodak Company (Kodak) appeals from a judgment of the United States District Court for the District of Massachusetts (Zobel, J.), holding claims of seven patents issued to Polaroid Corporation (Polaroid) valid and infringed. 228 USPQ 305, 344 (¿.Mass.1985). We affirm the appealed portions of the judgment in all respects. I. Background Polaroid sued Kodak on April 26, 1976 f...
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ORDER GRANTING MOTION TO TRANSFER VENUE This cause is before the court on defendant World Transportation’s motion to transfer venue to the Southern District of New York pursuant to the forum selection clause of the investors purchase agreement. Plaintiffs oppose the motion, arguing that they are granted certain rights under federal securities law which may not be waived by agreement. They furth...
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OPINION Plaintiffs are retired airline pilots who invested their retirement funds in discretionary accounts managed by brokers at Paine, Webber, Jackson & Curtis, Inc. Plaintiffs allege that defendants fraudulently induced them to invest in these accounts, that the accounts were willfully mismanaged, that the worth of the accounts was fraudulently misrepresented to them in monthly statemen...
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OPINION OF THE COURT In this petition for review we consider two questions: whether The Board of Immigration Appeals (BIA) abused its discretion in denying the petitioners’ motion for reconsideration and whether the petitioners’ failure to file timely a petition for review within six months of the final deportation order pursuant to 8 U.S.C. § 1105a(a)(l), though filing a timely motion fo...
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Appellee-debtor 268 Limited, a Nevada limited partnership organized to acquire and operate an apartment complex for investment purposes, purchased the Shenandoah Square Apartments from appellant Joseph F. Sanson Investment Company (Sanson). Sanson retained a security interest in the property evidenced by a note secured by a first deed of trust. The deed of trust provided that in the event of defau...
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OPINION ANNOUNCING THE JUDGMENT OF THE COURT The instant case presents the question whether a provision of the chapter of the City of Rehoboth Beach, Delaware, which requires that a candidate for the elected position of commissioner be a nondelinquent taxpayer and freeholder, violates the rights of association, due process and equal protection of the Fourteenth Amendment. We hold that the ballot ...
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In these consolidated appeals, Lee Travis Andrews contends that the district court erred in denying his motion to extend the time for filing a notice of appeal, that the proceedings below violated the Speedy Trial Act, 18 U.S.C. §§ 3161 et seq. (1982) (the Act), and that his guilty plea was rendered involuntary by his failure to receive effective assistance of counsel. I. BACKGROUND Andrews and ot...
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We are here called upon to determine which Tennessee statute of limitations applies to this action brought by Charles Jan-zen and his parents William and Nancy Janzen under the Education of All Handicapped Children Act, 20 U.S.C. §§ 1401-1461. The Janzens seek to be reimbursed by the Knox County Board of Education, Knox County, the Tennessee State Board of Education, and the State of Tennessee for...
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Plaintiff real estate entities sued the defendant trade association and others for monopolization, price fixing, group boycott and the other usual antitrust counts. Plaintiffs were met by denials and a counterclaim for copyright infringement for plaintiffs’ unauthorized copying and selling of pages from the defendants’ multiple listing book. The district court, after examining a stipulated stateme...
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788 F.2d 1560 54 USLW 2598 Pruittv.Ragan 85-1951 United States Court of Appeals,Fourth Circuit. 4/24/86 1 W.D.Va. AFFIRMED ...
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The United States Football League and certain of its member clubs (collectively referred to as the “USFL”), have sued the National Football League, its commissioner and certain of its member clubs (hereinafter collectively referred to as the “NFL”), to obtain declaratory and injunctive relief and to recover damages resulting from alleged violations of Sections 1 and 2 of the Sherman Anti-Trust Act...
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*656 MEMORANDUM Before the Court and ripe for decision is the motion of the third-party counterclaim defendants 1 (referred to hereinafter as “the dentists”) for summary judgment with respect to the third-party counterclaim of the third-party plaintiffs 2 (referred to hereinafter as “Blue Shield”). This Opinion addresses that motion. The Commonwealth of...
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785 F.2d 743 54 USLW 2598, 1986 Copr.L.Dec. P 25,913,20 Fed. R. Serv. 467 UNITED STATES of America, Plaintiff-Appellee,v.Charles Douglas STEELE, aka Miles Sherman, Defendant-Appellant. Nos. 85-1036, 85-1045. United States Court of Appeals,Ninth Circuit. Argued and Submitted Jan. 13, 1986.Decided March 24, 1986. Brian L. Sullivan, Asst. U.S. Atty., Reno, Nev., for pla...
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MEMORANDUM DECISION AND ORDER ON MOTIONS TO SUPPRESS FINDINGS OF FACT At about 3:45 a.m. on November 6, 1985, agents of the Drug Enforcement Administration (DEA) and officers of the Maine State Police (MSP) executed search warrants at the rural residence of Beatrice M. Dostie. The warrant for the search of the house 1 itself authorized a search for “money and records” in connection with a “...
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A number of state officials appeal a district court’s refusal to rule before trial on motions asserting official immunity. We reverse and remand to the district court for that court’s consideration and ruling on the motions. BACKGROUND Plaintiff-appellee John Helton brought suit against the state officials alleging generally that they conspired to deprive him of his constitutional rights. The...
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This case arises out of the liquidation of Ambassador Church Finance/Development Group, Inc. (“Ambassador”) under the Securities Investor Protection Act of 1970 (“SIPA”), as amended, 15 U.S.C. §§ 78aaa-18lll1 The SIPA created defendant-appellant, Securities Investor Protection Corporation (“SIPC”), and established the “SIPC Fund” to provide for the orderly liquidation of failed securities brokerag...
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OPINION The Procter & Gamble Company (“P & G”) has sued Nabisco Brands, Inc. (“Nabisco”), Keebler Company (“Keebler”) and Frito-Lay, Inc. (“Frito-Lay”) for infringing its U.S. Patent No. 4,455,333 (“ ’333”). The patent covers so called dual-textured cookies, that is, cookies that are crispy on the outside and chewy on the inside. The various textures are created by the use of sugars that possess ...
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opinion INTRODUCTION This matter is before the Court for a determination of liability on those causes of action set forth in the Third-Party complaint of Paul Self, Amanda Self, David Self, Charles Peveto, Ollie Mae Sharp, Louise Shelton, Sel-Mart of Sulphur, La., Inc., and Danor Wholesale, Inc., against Third-Party Defendants, Hancel McCord Company, Inc., Hancel McCord, Adell Housto...
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MEMORANDUM OPINION RE: CLOSURE OF PRETRIAL HEARING ON MARCH 26, 1986 On March 26, 1986, on motion of Sid Wurzburg, attorney for the defendant, this court ordered that the pretrial hearing of that morning be closed to the public and the press. Prior to that Order, the court afforded members of the press the opportunity to be heard on the proposed closure and the court further advised members of the...
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712 S.W.2d 761 (1986) HOUSTON LIGHTING & POWER COMPANY, Appellant, v. Carol Ann Hauser REYNOLDS, Individually and as Natural Mother of Carl David Reynolds, and Carl David Reynolds, Individually, Appellees. No. 01-84-00414-CV. Court of Appeals of Texas, Houston (1st Dist.). April 10, 1986. Rehearing Denied May 29, 1986. *764 Larry F. York, Stephen G. Tipps, Leslie Stark Wolff, Joe R. Greenhill...
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Plaintiff-appellant, McGraw-Edison Company (“McGraw-Edison”), brought this action against the defendants-appellees, Walt Disney Productions (“Disney”) and Bally Manufacturing Corporation (“Bally”), alleging that the defendants’ use of the plaintiff’s TRON trademark violates sections 32 and 43 of the Lanham Act, 15 U.S.C. §§ 1114(1) 1 and 1125(a), 2 the Illinois Anti-Diluti...
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New York’s Urban Development Corporation (UDC) and New York City, together with private parties, are engaged in a development project designed to revitalize the Times Square area. Under the plan, five moviehouses in the Broadway Theater district are being acquired by the UDC and leased to private parties to renovate and operate them as Broadway Theaters. This appeal presents the novel question of ...
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The Federal Deposit Insurance Corporation (FDIC) sued La Rambla Shopping Center, Inc. in federal district court to recover money that La Rambla owed a failed bank, namely Banco Crédito y Ahorro Ponceno. The FDIC sued on the basis of a note executed by La Rambla in 1970; the note was one of Banco Credito’s assets that the FDIC purchased in 1978. La Rambla filed a counterclaim, based on a shoppin...
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Ella Fehl (“Fehl”) appeals the district court’s judgment affirming the bankruptcy court’s dismissal of her emotional distress claim against defendants Westinghouse and Thomas Domeño (“Westinghouse”). Westinghouse cross-appeals for dismissal, asserting that the district court should have dismissed Fehl’s appeal for failure to designate timely a record and issues on appeal. We affirm the district co...
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The only issue which we will address en banc concerns the proper scope of federal court review in Social Security cases where the Appeals Council, on its own motion, rejects the administrative law judge’s (“AU”) decision. 1 We conclude that in such circumstances, the function of judicial review is limited to determining whether the Appeals Council’s decision is supported by substanti...
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DECISION AND ORDER An indictment returned on August 15, 1980, charged defendant Alvin G. Nunes with a violation of 18 U.S.C. § 2314 for the interstate transportation of copyrighted motion pictures. In this regard, the indictment reads: Count Two From on or about December 12, 1978 to on or about April 4, 1979, ALVIN G. NUNES, ROBERT M. COURCHESNE and HOWARD G. BITTING, III, aka “Red”, defend...
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OPINION Three former sales representatives of Pendleton Woolen Mills (“Pendleton”) have filed an action against the company charging that the manner of and motivation behind their termination violated the Age Discrimination in Employment Act (ADEA), as amended, 29 U.S.C. § 621 et seq., the Sherman Act, 15 U.S.C. §§ 1 & 2, and unspecified state contract or common law rights. Pen...
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MEMORANDUM OPINION AND ORDER Plaintiff Dynamics Corporation of America (“DCA”) filed the present action on March 10, 1986, seeking injunctive relief under Section 14(a) of the Securities Exchange Act of 1934, 15 U.S.C. § 78n(a), in connection with what it alleged to be gun-jumping and unlawful proxy solicitations communicated by defendant CTS Corporation (“CTS”) and its management to CTS ...
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I. INTRODUCTION Appellants Alice Ward and Mary Smith appeal from the district court’s dismissal of their equal protection, Fifth Amendment taking, procedural due process, and pendent state law claims against the Downtown Development Authority (“DDA”) and its agents, Carlos Gonzalez and Harold Rodgers, for failure to state any claim for which relief could be granted. II. FACTUAL BACKGROUND Appellan...
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MEMORANDUM AND DECISION Plaintiffs filed suit pursuant to the civil provisions of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961-68. After a Status (Pretrial Scheduling) Conference, I permitted plaintiffs to file an amended complaint and allowed defendants to move to dismiss this complaint on any grounds other than *1003 grounds relating to t...
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This is an appeal by the plaintiff, Laura Quillen, in a diversity action against International Playtex, Inc. (Playtex), for personal injuries allegedly caused by one of Playtex’s tampons. Miss Quillen alleged that Playtex negligently manufactured and negligently failed to warn her of the danger of developing toxic shock syndrome (TSS) through the use of Playtex Super Plus Deodorant Tampons. She...
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OPINION and ORDER Defendants The Options Clearing Corporation (“OCC”) and American Stock Exchange, Inc. (“AMEX”) move pursuant to Fed.R.Civ.P. 12(b)(6) to dismiss the complaint for failure to state a claim upon which relief can be granted, on the ground that there is no private right of action under the applicable provisions of the Securities Exchange Act of 1934 (“Exchange Act” or “Act”)...
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709 S.W.2d 475 (1986) James H. SULLIVAN, Appellant, v. The PULITZER BROADCASTING COMPANY, Respondent. No. 67616. Supreme Court of Missouri, En Banc. May 13, 1986. Edward P. McSweeney, Michael J. Coleman, St. Louis, for appellant. Robert B. Hoemeke, Richard A. Wunderlich, Joseph E. Martineau, Helmut Starr, St. Louis, for respondent. WELLIVER, Judge. This case involves an appeal from an order of th...
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791 F.2d 447 54 USLW 2613 SEAWAY DRIVE-IN, INC., Plaintiff-Appellant,v.TOWNSHIP OF CLAY, Defendant-Appellee. No. 85-1353. United States Court of Appeals,Sixth Circuit. Argued March 4, 1986.Decided May 19, 1986. Stephen M. Taylor, argued, Taylor & Rubin, P.C., Southfield, Mich., for plaintiff-appellant. Phillip Easter, argued, and Roy W. Rogensues, Fraser, M...
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The Pontiac Correctional Center is the maximum security prison of Illinois. On July 22, 1978, inmates of Pontiac who were being returned to their cells after exercise in the courtyard killed three guards, in *508 jured others, and set fire to part of the prison. Three of the injured guards, and the estates of the three deceased guards, filed this suit against Charles Rowe, then the...
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CBS Inc. (CBS) appeals from the district court's 1 denial of its application requesting permission to copy portions of audio tapes admitted into evidence in the trial of Sorkis Webbe, Jr., and others for mail fraud. CBS, which made the application on behalf of KMOX-TV, its St. Louis station, and KTVI-TV and KSDK-TV, intended to broadcast the tapes to the public. We affirm the distric...
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Dr. Petar Misic appeals the dismissal of his action against the Building Service Employees Health and Welfare Trust and its officers to recover damages resulting from the trust’s failure to pay the full compensa-ble portion of bills for dental work performed for the trust’s beneficiaries by Dr. Misic. We affirm in part and reverse in part. I. The trust is an employer-funded health and...
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The State of South Dakota appeals the dismissal of its complaint challenging the constitutionality of a 1984 amendment to the Surface Transportation Assistance Act of 1982. 23 U.S.C. § 158. The challenged amendment was enacted under Congress’s spending power, U.S. Const, art. I, § 8, cl. 1, and was intended to encourage states to raise their minimum drinking age to twenty-one. Finding no consti...
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487 So. 2d 848 (1986) Ex parte Allen W. HOWELL. (In re Allen W. HOWELL v. ALABAMA STATE BAR). 83-776. Supreme Court of Alabama. Decision Announced March 31, 1986. Opinion Released April 4, 1986. Allen W. Howell, Montgomery, pro se. William H. Morrow, Jr., Gen. Counsel, for respondent. David S. Shrager, Philadelphia, Pa., Michael S. Starr, and Judith Barnett, Washington, D.C., for amicus curiae As...
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MEMORANDUM & ORDER Plaintiff, Katrina Maxtone-Graham brought this complaint against Rev. James Tunstead Burtchaell, Andrews McMeel, Inc., and Harper & Row Publishers, Inc. for copyright infringement. By motions fully submitted November 14, 1985, Defendants have moved for summary judgment in their favor, and plaintiff has moved for summary judgment in her favor on the issue of liability. ...
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Seeking injunctive relief and treble damages, the Falls Chase Special Taxing District brought suit against the City of Tallahassee under the federal and Florida antitrust laws. The United States District Court for the Northern District of Florida, 580 F.Supp. 967, found that the City of Tallahassee’s allegedly anticompetitive activities were protected by the state action exemption to the federa...
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OPINION The plaintiff in this action, Stephen M. Silverman, seeks a declaration regarding his right to use parts of the “Amos ‘n’ Andy” radio programs broadcast from March 1928, through March 1948, in a Broadway musical comedy he has written. The defendant, CBS Inc., claims to hold valid copyrights as well as trademark rights in the Amos ‘n’ Andy radio and television programs, and asserts...
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MEMORANDUM OPINION AND ORDER This action under Section 14(a) of the Securities Exchange Act, 15 U.S.C. § 78n(a), is before the court on the motion of plaintiff Dynamics Corporation of America (“DCA”) for injunctive relief with regard to a Shareholder Rights Plan adopted by defendant CTS Corporation on April 23, 1986 as part of a white knight strategy for selling CTS. This white knight str...
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A Houston, Texas ordinance makes it a misdemeanor not only to assault but also to “in any manner oppose, molest, abuse or interrupt” a police officer in the execution of his duty. An individual who has been arrested several times for violating the ordinance, and who has never been found guilty, challenges its constitutionality as violating his right to freedom of speech. We hold that the plaint...
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Eaton Corporation (Eaton) appeals from a judgment of the United States District Court for the Northern District of Indiana,1 holding its counts of misappropriation, breach of employment contract, breach of fiduciary duties, unfair trade practices, and interference with contractual relationships, unsupported by the evidence, and holding its United States Patent No. 4,387,878 to Zukausky (’878 paten...
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OPINION Defendants Hustler Magazine, Inc. (“HMI”) and Flynt Distributing Company, Inc. (“FDC”) have brought a motion,‘pursuant to Rules 50(b) and 59(b), Fed.R.Civ.P., for judgment notwithstanding the verdict, or, in the alternative, for a new trial. Judgment was entered on October 17, 1985 following the bifurcated trial of this libel action brought by Robert Guccione (“Guccione”), among o...
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Plaintiff, formerly employed as a full-time insulator, appeals from the summary judgment entered for Pittsburgh Corning Corporation (Pittsburgh) in his suit alleging that he contracted asbestosis from exposure to asbestos-containing products manufactured by Pittsburgh.1 The district court ruled that plaintiff’s suit was barred by a North Carolina statute of repose. After the appeal was argued, we ...
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OPINION AND ORDER Plaintiff The New York City Employees’ Retirement System (“NYCERS”) has moved by an Order to Show Cause for a preliminary injunction requiring American Brands, Inc. (“Brands”) to include in management’s proxy solicitation materials for the May 23, 1986 annual meeting of shareholders, plaintiff shareholder’s proposed implementation of the MacBride Principles: guidelines f...
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FACTS On April 9, 1986, the Secretary of Labor brought this action seeking removal of Thomas F. Latimer as trustee of the em *247 ployee stock ownership plan (“ESOP”) of Chicago Pneumatic Tool Co. (“CP”) and the appointment of a receiver. At the time there was pending before the court Danaher Corporation’s action and motion seeking rescission of CP’s transfer of one million shares of its stoc...
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Plaintiff, Glenn Hill, traded corn, pork belly, and cattle futures through the Denver office of the defendant, Bache Halsey Stuart Shields, Inc. After Hill lost nearly $50,000, he sued Bache. Hill’s amended complaint in federal district court asserted Colorado state law claims for breach of contract and breach of fiduciary duty and claims under the federal Commodity Exchange Act (CEA), 7 U.S.C. §§...
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OPINION This diversity case presents the question of who should bear the loss flowing from a fraudulently induced $800,000 wire transfer. We must choose between the institution that honored the forged order of its customer to wire funds and the bank to whom the funds were wired which did not credit the account as directed. On cross-motions for summary judgment the district court applied t...
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This matter was remanded for the awarding of attorney’s fees under Rule 11 of the Federal Rules of Civil Procedure and 42 U.S.C. § 1988. Eastway Construction Corp. v. City of New York, 762 F.2d 243 (2d Cir.1985) {“Eastway I’). For the reasons indicated below, a modest portion of defendant's attorney’s fees is assessed against the plaintiffs, while no fees are assessed agai...
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Kenneth Wayne Rowland appeals his conviction on a guilty plea 1 of violating 18 U.S.C. § 1001 by filing a false performance bond in his personal and corporate bankruptcy proceedings. Rowland maintains that the filing of such a bond does not constitute the making of “false, fictitious or fraudulent statements or representations” or the making or using of “any false writing or document” in the co...
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concurring. The City of Paducah originally sought to enforce the ordinance in question against Beltline News and Arcade Club (Beltline) and against the other defendant, Investment Entertainment, Inc. (Investment), in state court. The action against the latter was successfully removed by Investment to federal district court, but the other is pending against Beltline in state court. The defense of a...
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790 F.2d 1362 54 USLW 2632, 5 Fed.R.Serv.3d 148 Harlan L. JACOBSEN, Plaintiff-Appellant,v.Richard FILLER, et al., Defendants-Appellees. No. 84-1603. United States Court of Appeals,Ninth Circuit. Submitted on Briefs July 8, 1985*.Decided May 29, 1986. Harlan L. Jacobsen, in pro. per. Donald O. Loeb, Asst. City Atty., Scottsdale, Ariz., for defendants-appellees. ...
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Ten different defendants challenge their convictions under various charges stemming from a marijuana importation and distribution ring.1 The ring, masterminded by appellant William Joseph Harvey, operated between 1978 and 1982. Harvey ran the operation from his office at the Delray Towing Service, a business he owned in Delray Beach, Florida. The organization used speedboats to transport marijuana...
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In this original proceeding the People seek to prohibit a judge of the Denver District Court (respondent court) from enforcing an order compelling disclosure of a sexual assault victim’s records of psychological treatment obtained subsequent to the sexual assault. We issued a rule to show cause and now make the rule absolute. I The defendant in People v. Silva, No. 85CR1404...
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In 1980, Lieutenant Commander Eliot Tozer was killed when the Navy plane he was piloting crashed. His widow, Joan Tozer, and his two minor children brought an action against LTV Corporation and its subsidiary Vought Corporation under the Death on the High Seas Act (DOHSA) 46 U.S.C. § 761 et seq. and general maritime law, alleging the defective design of a modification to the airplane. The jury ret...
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On March 13, 1984 a grand jury returned a seven-count Indictment against Omni International Corporation, formerly known as Omni Investment Corporation, Wayne J. Hilmer, Evan T. Barnett, Thomas A. Westrick, Jr., and Joseph P. Bornstein. The five defendants each were charged with conspiracy to defraud the Internal Revenue Service, conspiracy to commit income tax evasion, five counts of income tax...
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Plaintiff-Appellee filed this suit under 42 U.S.C. § 1983 alleging that he had been unconstitutionally held in the Cook County jail for three days. The district court found that defendant-appellant’s position as an Assistant State’s Attorney entitled her to qualified immunity for her role in plaintiff-appellee’s unwarranted jailing. Finding that defendant-appellant failed to establish that she ...
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The district court dismissed Marshall C. Spiegel’s (“Spiegel”) civil RICO action1 on the grounds of res judicata and for failing to state a claim, Spiegel appealed. We affirm. I Marshall Spiegel, the plaintiff-appellant in the present case, filed three separate lawsuits against the defendants-appellees herein, arising out of a dispute over the defendants’ management of a trust established by the g...
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On May 2, 1986, this court issued the following order in connection with petitions for mandamus and a transferred appeal which had been consolidated for disposition on an expedited basis: This case raises an issue of the statutory protest authority of the General Ser *1572 vices Board of Contract Appeals (GSBCA) under the Brooks Act, 40 U.S.C. § 759, as amended by the Competit...
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James P. Crews appeals from an order of the district court dismissing, pursuant to Fed.R.Civ.P. 41(b), his complaint seeking a refund of contributions made on his behalf to defendant Central States, Southeast and Southwest Areas Pension Fund pursuant to ERISA, 29 U.S.C. § 1001 et seq., and state law. Finding that, in light of the parties’ contractual limitations on recovery of mistak...
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Florence Porter, as executrix of Wellington W. Porter’s estate, and Porterway Harvester Manufacturing Co., Inc. (collectively, “Porterway”), appeal from a final judgment of the United States District Court for the District of Delaware (Wright, Senior Judge) granting summary judgment of non-infringement to Farmers Supply Service, Inc. (Farmers). 617 F.Supp. 1175, 228 USPQ 1 (D.Del.1985). We affirm....
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OPINION Two groups of bottlers of Coca-Cola products (“the Bottlers”) have brought suit against the Coca-Cola Company (“the Company”) under various theories, seeking declaratory judgments, injunctive relief, and damages.1 In brief, the Bottlers contend the Company is obligated to sell them the syrup used in the bottling of diet Coke under the terms of their existing contracts for Coca-Cola Bottle...
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MEMORANDUM OPINION Plaintiffs NAACP Legal Defense and Educational Fund, Inc., Puerto Rican Legal Defense and Education Fund, Inc., Federally Employed Women Legal and Educational Fund, Inc., Indian Law Resource Center, Lawyers’ Committee for Civil Rights Under Law, Sierra Club Legal Defense Fund, Inc., and Natural Resources Defense Council, Inc., seven legal defense funds that provide heal...
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A widow applied for insurance benefits under sections 202(e) and 223(d)(2)(B) of the Social Security Act 1 alleging disability due to pulmonary emphysema, arthritis and bursitis. An administrative law judge determined that she was disabled within the meaning of the Act and entitled to benefits. On its own motion, pursuant to 20 C.F.R. §§ 404.969-.970, the Appeals Council reviewed the...
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This appeal asks us to interpret a statute that, in essence, forbids a hospital from charging Medicare patients anything over and above what Medicare will pay the hospital. In particular, that statute says that “participating providers” of Medicare services, such as the appellant Elliot Hospital, must agree: not to charge ... [the Medicare subscriber] ... for items or services for which su...
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Opinion In this civil action plaintiffs challenge the validity and enforceability of a state statute bearing upon the licensure of physicians in the Commonwealth of Massachusetts, Chapter 475 of the Massachusetts Acts of 1985 (“Chapter 475” or the “Act”). Chapter 475 provides that the Board of Registration in Medicine shall require as a condition of granting or renewing a physician’s...
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OPINION OF THE COURT This is an appeal from a final summary judgment of the district court dismissing the complaint of appellant Malley-Duff & Associates, Inc. (“Malley-Duff”). For the reasons that follow, we will reverse and remand for further proceedings. I. Until February 13, 1978, Malley-Duff was an agent of defendant Crown Life Insurance Company (“Crown Life”) for a territory surrounding and...
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This tax refund case, here on appeal from a judgment of the United States Claims Court in favor of the United States, involves the propriety of the method of accounting the taxpayer used in determining profits and losses for the particular tax year in which it completed contracts that required more than a year to perform. The Claims Court, 6 Cl.Ct. 38 upheld the Commissioner’s rejection of the ...
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MEMORANDUM OPINION At issue in this copyright infringement action is whether the Commonwealth of Virginia has waived its Eleventh Amendment immunity. I hold that it has not. I. Facts Plaintiff Richard Anderson Photography (Anderson) has brought this copyright infringement action pursuant to the Copyright Act of 1976, 17 U.S.C. § 101, et seq., against Radford U...
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MEMORANDUM AND CRDER An indictment was filed on March 12, 1985 charging the defendants with conspiracy to bomb buildings used in interstate commerce and buildings used by government agencies; with the actual bombings of ten buildings and with the attempted bombing of an eleventh in violation of 18 U.S.C. §§ 2, 371, 844(f) and (i). At the time the indictment was filed the defendants Thomas and...
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William J. Tilley, Jr., is a debtor in a Chapter 11 bankruptcy proceeding. He appeals from an order of the district court affirming a determination of the bankruptcy court that an obligation contained in a separation agreement executed between Tilley and his ex-wife, Joyce Jessee, was “in the nature of alimony, maintenance or support” and, therefore, non-dischargeable in bankruptcy pursuant to 11...
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MEMORANDUM OPINION AND ORDER Defendants The Illinois Company Incorporated (“Illinois Company”) and John A. Raasch (“Raasch”) move to compel arbitration of Count I and Counts III through VI of the complaint and to stay arbitration of Count II. FACTS Plaintiff Louis L. Steinberg brings this action against his securities broker, Illinois Company, and its employee, John Raasch, the ...
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C. A. 5th Cir. Application for stay of execution of sentence of death scheduled for Thursday, August 15, 1985, presented to Justice White, and by him referred to the Court, is granted pending the disposition by this Court of the petition for writ of certiorari. Should the petition for writ of certiorari be denied, this stay terminates automatically. In the event the petition for writ of certiorari...
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C. A. 11th Cir. Upon request of counsel for petitioner, the application for stay of execution has been considered as a petition for writ of certiorari. The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The order of this date denying the application for stay is vacated. The application for stay of execution of the sentence of death is granted pen...
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C. A. 11th Cir. Application for stay of execution of sentence of death scheduled for Monday, September 9, 1985, presented to Justice Powell, and by him referred to the Court, is granted pending the disposition by this Court of the petition for writ of certiorari. Should the petition for writ of certiorari be denied, this stay terminates automatically. In the event the petition for writ of certiora...
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C. A. D. C. Cir. Certiorari dismissed under this Court’s Rule 58....
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Ct. Crim. App. Tex. Certiorari denied....
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with whom Justice Brennan joins, dissenting. This petition presents the question whether the sentencing jury in a capital case may be prohibited from taking into account its own nagging doubts about the defendant’s guilt as it considers whether the defendant deserves to die. The Supreme Court of Florida has squarely resolved that question in the affirmative, despite the clear message of Lockett v....
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Sup. Ct. Fla. Certiorari denied....
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474 U.S. 888 106 S.Ct. 209 88 L.Ed.2d 178 Robert W. SOUTHv.SOUTH CAROLINA. No. 85-5186 Supreme Court of the United States October 7, 1985 On petition for writ of certiorari to the Supreme Court of South Carolina. The petition for writ of certiorari is denied. Justice MARSHALL, with whom Justice BRENNAN joins, dissenting. 1 Last J...
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Appeal from C. A. 7th 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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Super. Ct. N. J., App. Div. Application to continue a stay, addressed to Justice Brennan and referred to the Court, denied....
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Appeal from Sup. Ct. Va. dismissed for want of substantial federal question....
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Appeal from Sup. Ct. N. M. dismissed for want of substantial federal question....
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Appeal from Sup. Ct. Tex. dismissed for want of substantial federal question....
Views: 0
Appeal from Ct. App. Mich, dismissed for want of substantial federal question....
Views: 2
Appeal from Sup. Ct. Fla. dismissed for want of substantial federal question....
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Appeal from Ct. App. Minn, dismissed for want of substantial federal question....
Views: 1
Appeal from App. Ct. Mass, dismissed for want of substantial federal question....
Views: 2
Appeal from Sup. Jud. Ct. Me. dismissed for want of substantial federal question....
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Appeal from Sup. Ct. Idaho dismissed for want of substantial federal question....
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Appeal from Ct. App. Idaho dismissed for want of substantial federal question....
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Appeals from Ct. App. Tex., 3d Sup. Jud. Dist., dismissed for want of substantial federal question....
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Appeal from Sup. Ct. Ohio dismissed for want of substantial federal question....
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Appeal from Ct. App. Cal., 3d App. Dist., dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied....
Views: 4
Appeal from C. A. 9th Cir. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied....
Views: 1
Appeal from Ct. App. La., 4th Cir., dismissed for want of jurisdiction. Treating the papers whereon the *804appeal was taken as a petition for writ of certiorari, certiorari denied....
Views: 1
Appeal from C. A. 9th Cir. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied....
Views: 0
Appeal from C. A. 8th 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 Sup. Ct. Idaho 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 Sup. Ct. La. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied. Justice White and Justice Blackmun would postpone consideration of question of jurisdiction to a hearing of the case on the merits....
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C. A. 7th 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 Garrett v. United States, 471 U. S. 773 (1985)....
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C. A. 11th 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 Francis v. Franklin, 471 U. S. 307 (1985)....
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C. A. 5th Cir. Motion of petitioner for leave to proceed in forma pauperis and certiorari granted. Judgment vacated and case remanded to the *807Court of Appeals for further proceedings, including, if appropriate, the reentry of its judgment affirming petitioner’s conviction and appointment .of counsel to assist petitioner in seeking timely review of that judgment in this Court. Justice Rehnquist ...
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Application for injunction and all other relief, addressed to Justice Brennan and referred to the Court, denied....
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C. A. 11th Cir. Motions of International Human Rights Law Group, Congressional Black Caucus, and Dr. Peter Sperlich et al. for leave to file briefs as amici curiae granted....
Views: 0
C. A. 7th Cir. [Certiorari granted, 472 U. S. 1007.] Motion of Chicago Teachers Union, Local No. 1, and Board of Education of City of Chicago for leave to file a joint brief granted....
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C. A. 11th Cir. [Cer-tiorari granted, 471 U. S. 1098.] Motions of Illinois Psychological Association and American Civil Liberties Union for leave to file briefs as amici curiae granted....
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Sup. Ct. Mich. [Certio-rari granted, 471 U. S. 1124.] Motion of respondents for divided argument granted. Motion of petitioner for divided argument denied....
Views: 0
C. A. D. C. Cir. [Certiorari granted, 471 U. S. 1134.] Motions of Readers’ Digest Association, Inc., and Synanon Church et al. for leave to file briefs as amici curiae granted....
Views: 0
Sup. Ct. Ky. [Certio-rari granted, 471 U. S. 1052.] Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted....
Views: 0
C. A. 9th Cir. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner is allowed until October 28, 1985, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court....
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C. A. 6th Cir.; C. A. 5th Cir.; and Sup. Ct. Alaska. Motions of petitioners for leave to proceed in forma pauperis denied. Petitioners are allowed until October 28, 1985, within which to pay the docketing fee required by Rule 45(a) and to submit petitions in compliance with Rule 33 of the Rules of this Court....
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C. A. D. C. Cir. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner is allowed until October 28, 1985, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court....
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Ct. App. D. C. Certiorari denied....
Views: 2
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 2
C. A. 9th Cir. Certiorari denied....
Views: 3
C. A. 8th Cir. Certiorari denied....
Views: 7
Sup. Ct. Pa. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied. Reported below: 757 F. 2d 1359....
Views: 1
Ct. App. Cal., 3d App. Dist. Cer-tiorari denied....
Views: 2
C. A. 6th Cir. Certiorari denied....
Views: 4
C. A. 9th Cir. Certiorari denied....
Views: 0
Ct. App. Cal., 3d App. Dist. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 3
C. A. 8th Cir. Motion of respondent for leave to proceed in forma pauperis and certiorari granted....
Views: 10
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 1
C. A. D. C. Cir. Certiorari denied....
Views: 2
C. A. D. C. Cir. Certiorari denied....
Views: 1
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 5
C. A. 7th Cir. Certiorari denied....
Views: 1
C. A. 10th Cir. Certiorari denied....
Views: 5
C. A. Fed. Cir. Certiorari denied....
Views: 1
C. A. 10th Cir. Certiorari denied....
Views: 0
Ct. App. Wash. Certiorari denied....
Views: 1
C. A. 5th Cir. Certiorari denied. Reported below: 753 F. 2d 1301....
Views: 2
Ct. Crim. App. Tex. Certio-rari denied....
Views: 1
C. A. 9th Cir. Certiorari denied....
Views: 6
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 3
C. A. 5th Cir. Certiorari denied....
Views: 1
C. A. 5th Cir. Certiorari denied....
Views: 2
C. A. 6th Cir. Cer-tiorari denied....
Views: 3
C. A. 6th Cir. Certiorari denied....
Views: 2
Ct. App. N. C. Certiorari denied....
Views: 2
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. D. C. Cir. Certiorari denied....
Views: 3
C. A. 8th Cir. Certiorari denied....
Views: 0
Ct. App. Cal., 2d App. Dist. Certio-rari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
Sup. Ct. Pa. Certiorari granted....
Views: 4
C. A. 3d Cir. Motion of respond*816ent for leave to proceed informa pauperis and certiorari granted....
Views: 1
C. A. 9th Cir. Motion of respondent for leave to proceed in forma pauperis and certiorari granted....
Views: 9
C. A. 6th Cir. Certiorari granted and case set for oral argument in tandem with No. 84-1656, Local 28 of Sheet Metal Workers v. EEOC, supra....
Views: 0
Sup. Ct. Ariz. Motions of petitioners for leave to proceed in forma pauperis granted. Certiorari granted in No. 85-5023 limited to Question 1 presented by the petition. Certiorari granted in No. 85-5024. Cases consolidated and a total of one hour allotted for oral argument. Reported below: No. 85-5023, 144 Ariz. 388, 698 P. 2d 183; No. 85-5024, 144 Ariz. 412, 698 P. 2d 207....
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C. A. 11th Cir. Certiorari denied....
Views: 1
C. A. 11th Cir. Certio-rari denied....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 0
Ct. App. La., 1st Cir. Certiorari denied....
Views: 1
Ct. App. Cal., 1st App. Dist. Certiorari denied....
Views: 2
C. A. Fed. Cir. Certiorari denied....
Views: 0
Sup. Ct. Miss. Certiorari denied....
Views: 0
Ct. App. N. Y. Certiorari denied....
Views: 1
C. A. 8th Cir. Certiorari denied....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 2
Ct. App. Ga. Certiorari denied....
Views: 0
C. A. 1st Cir. Cer-tiorari denied....
Views: 0
Sup. Ct. Kan. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 3
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 1
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 1
C. A. 9th Cir. Certiorari denied....
Views: 1
C. A. 9th Cir. Certiorari denied....
Views: 1
Sup. Ct. Ga. Certiorari denied....
Views: 1
Ct. App. Tex., 4th Sup. Jud. Dist. Certiorari denied....
Views: 0
C. A. Fed. Cir. Certiorari denied....
Views: 1
C. A. 7th Cir. Certiorari denied....
Views: 0
Sup. Ct. Va. Certiorari denied....
Views: 1
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. Fed. Cir. Certio-rari denied....
Views: 1
C. A. 3d Cir. Certiorari denied....
Views: 0
Ct. App. Ohio, Ross County. Certiorari denied....
Views: 1
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 1
C. A. 9th Cir. Certiorari denied....
Views: 2
Ct. Crim. App. Tex. Cer-tiorari denied....
Views: 3
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 5
Ct. App. D. C. Certiorari denied....
Views: 4
Ct. App. D. C. Certiorari denied....
Views: 3
C. A. 7th Cir. Certiorari denied....
Views: 1
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. D. C. Cir. Certio-rari denied....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 2
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Cer-tiorari denied....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 1
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. Fed. Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied. Reported below: 762 F. 2d 991....
Views: 1
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 6
C. A. 2d Cir. Certiorari denied....
Views: 0
Ct. App. Tex., 6th Sup. Jud. Dist. Certiorari denied....
Views: 0
Sup. Ct. Mo. Certiorari denied....
Views: 4
Sup. Jud. Ct. Me. Certiorari denied....
Views: 1
Super. Ct. Pa. Cer-tiorari denied....
Views: 1
C. A. 9th Cir. Certiorari denied. Reported below: 755 F. 2d 733....
Views: 1
C. A. Fed. Cir. Certiorari denied....
Views: 0
Ct. App. Cal., 2d App. Dist. Certiorari denied....
Views: 1
C. A. 5th Cir. Certiorari denied....
Views: 4
C. A. 8th Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 3
C. A. 5th Cir. Certiorari denied....
Views: 1
C. A. 6th Cir. Certiorari denied....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certio-rari denied....
Views: 1
C. A. 9th Cir. Certiorari denied....
Views: 2
C. A. 4th Cir. Certiorari denied....
Views: 3
C. A. 8th Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Cer-tiorari denied....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 1
C. A. D. C. Cir. Certiorari denied....
Views: 1
Sup. Ct. Cal. Certiorari denied....
Views: 1
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 1
C. A. Fed. Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. Fed. Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 1
Sup. Ct. Mich. Certiorari denied....
Views: 1
C. A. 5th Cir. Certiorari denied....
Views: 1
C. A. 7th Cir. Certiorari denied....
Views: 2
C. A. 2d Cir. Cer-tiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 2
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 0
Sup. Ct. Va. Certiorari denied....
Views: 3
C. A. D. C. Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied. Reported below: 762 F. 2d 995....
Views: 1
C. A. 2d Cir. Certiorari denied. Reported below: 760 F. 2d 1366....
Views: 0
C. A. 4th Cir. Cer-tiorari denied....
Views: 6
C. A. 9th Cir. Certiorari denied....
Views: 1
C. A. 7th Cir. Certiorari denied....
Views: 0
App. Ct. Ill., 1st Dist. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
App. Div., Sup. Ct. N. Y., 1st Jud. Dept. Certiorari denied....
Views: 1
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. Fed. Cir. Certiorari denied....
Views: 4
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 4
C. A. 8th Cir. Certiorari denied....
Views: 1
C. A. 9th Cir. Certiorari denied....
Views: 1
C. A. 2d Cir. Certio-rari denied....
Views: 4
C. A. 6th Cir. Certiorari denied....
Views: 0
Ct. Crim. App. Tex. Certio-rari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 2
Ct. App. Cal., 4th App. Dist. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 1
Ct. Crim. App. Okla. Certiorari denied....
Views: 1
C. A. 3d Cir. Cer-tiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 1
C. A. 3d Cir. Certiorari denied....
Views: 1
C. A. 9th Cir. Certiorari denied. Reported below: 754 F. 2d 1451....
Views: 7
C. A. 2d Cir. Certiorari denied....
Views: 0
Sup. Ct. Pa. Certiorari denied....
Views: 0
C. A. 10th Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 3
C. A. 11th Cir. Certiorari denied....
Views: 0
Sup. Ct. Nev. Cer-tiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied. Reported below: 756 F. 2d 636....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 1
C. A. 4th Cir. Cer-tiorari denied....
Views: 1
Sup. Ct. Ind. Certiorari denied....
Views: 0
C. A. D. C. Cir. Cer-tiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
Sup. Ct. Mich. Certiorari denied....
Views: 1
C. A. 3d Cir. Certiorari denied....
Views: 1
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Cer-tiorari denied....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Cer-tiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 1
App. Ct. Ill., 5th Dist. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
Sup. Ct. N. M. Certiorari denied....
Views: 3
Ct. App. D. C. Certiorari denied....
Views: 2
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. Fed. Cir. Certiorari denied....
Views: 6
C. A. 1st Cir. Certiorari denied....
Views: 1
C. A. 9th Cir. Certiorari denied....
Views: 4
C. A. 6th Cir. Certiorari denied....
Views: 0
Ct. App. Ohio, Trumbull County. Certiorari denied....
Views: 1
C. A. 7th Cir. Certio-rari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Cer-tiorari denied....
Views: 4
Ct. App. Cal., 1st App. Dist. Certiorari denied....
Views: 1
C. A. 3d Cir. Certiorari denied....
Views: 3
C. A. 2d Cir. Certiorari denied....
Views: 1
Ct. App. Cal., 3d App. Dist. Certiorari denied....
Views: 4
C. A. 8th Cir. Cer-tiorari denied....
Views: 1
C. A. 10th Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
Sup. Ct. App. W. Va. Certiorari denied....
Views: 2
C. A. 1st Cir. Certiorari denied....
Views: 4
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 1
Sup. Ct. Ill. Certiorari denied....
Views: 0
C. A. 1st Cir. Certiorari denied....
Views: 4
C. A. 6th Cir. Certiorari denied....
Views: 2
C. A. 3d Cir. Certio-rari denied....
Views: 1
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 3
C. A. 4th Cir. Certiorari denied....
Views: 0
Ct. App. Wis. Certio-rari denied....
Views: 0
C. A. D. C. Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 2
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 1
C. A. 3d Cir. Certiorari denied....
Views: 1
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 1
C. A. 4th Cir. Cer-tiorari denied....
Views: 0
C. A. 6th Cir. Cer-tiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 1
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied. Reported below: 758 F. 2d 657....
Views: 1
C. A. 6th Cir. Certiorari denied....
Views: 1
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 1
Ct. Crim. App. Okla. Certiorari denied....
Views: 2
Ct. App. Ky. Certio-rari denied....
Views: 5
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 1
C. A. 2d Cir. Certiorari denied....
Views: 0
Ct. App. Ky. Certiorari denied....
Views: 4
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 1
C. A. 5th Cir. Certiorari denied....
Views: 6
C. A. Fed. Cir. Certiorari denied....
Views: 1
C. A. 6th Cir! Cer-tiorari denied....
Views: 1
C. A. Fed. Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 2
Sup. Jud. Ct. Mass. Certiorari denied....
Views: 1
C. A. 6th Cir. Certiorari denied....
Views: 5
Super. Ct. Pa. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 1
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 1st Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Cer-tiorari denied....
Views: 0
Ct. App. Minn. Cer-tiorari denied....
Views: 3
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Cer-tiorari denied....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 3
C. A. 11th Cir. Certiorari denied....
Views: 1
N. A. Ct. App. Ark. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 1
C. A. 8th Cir. Certiorari denied....
Views: 1
C. A. 6th Cir. Certiorari denied....
Views: 1
C. A. 3d Cir. Certiorari denied....
Views: 2
Ct. Crim. App. Tex. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
Ct. App. Kan. Certio-rari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 1
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 0
Ct. App. Ohio, Cuyahoga County. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 1
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. D. C. Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
Ct. App. Cal., 3d App. Dist. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 1
C. A. 9th Cir. Certiorari denied....
Views: 6
Sup. Ct. Ore. Certiorari denied....
Views: 1
Sup. Ct. Pa. Certio-rari denied....
Views: 1
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 1st Cir. Certiorari denied....
Views: 0
Sup. Ct. Conn. Certiorari denied....
Views: 1
C. A. 5th Cir. Certiorari denied....
Views: 1
App. Ct. Ill., 1st Dist. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 1
C. A. 5th Cir. Certiorari denied....
Views: 1
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 3
C. A. 11th Cir. Certiorari denied....
Views: 1
Ct. App. Ga. Certiorari denied....
Views: 5
C. A. 10th Cir. Certiorari denied....
Views: 0
Sup. Ct. Ky. Cer-tiorari denied....
Views: 0
C. A. 10th Cir. Certiorari denied....
Views: 0
Sup. Ct. App. W. Va. Certiorari denied....
Views: 5
Sup. Ct. Ind. Certio-rari denied....
Views: 1
Ct. App. N. Y. Cer-tiorari denied....
Views: 2
Sup. Ct. Mich. Certio-rari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 1
C. A. 6th Cir. Certiorari denied....
Views: 1
C. A. 8th Cir. Certiorari denied....
Views: 4
Ct. App. Cal., 6th App. Dist. Certiorari denied....
Views: 2
C. A. 9th Cir. Certiorari denied....
Views: 4
C. A. 10th Cir. Certiorari denied....
Views: 0
Sup. Ct. La. Certiorari denied....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 1
C. A. 8th Cir. Cer-tiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 1
Ct. App. Iowa. Certiorari denied....
Views: 1
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 6
C. A. 6th Cir. Certiorari denied....
Views: 3
C. A. 3d Cir. Certiorari denied....
Views: 1
C. A. 8th Cir. Certiorari denied....
Views: 1
Sup. Ct. Wis. Cer-tiorari denied....
Views: 3
C. A. 4th Cir. Certiorari denied....
Views: 2
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 1
C. A. 5th Cir. Certiorari denied....
Views: 1
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 0
Ct. App. D. C. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 2
Sup. Ct. Utah. Certio-rari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 1
Ct. Crim. App. Tex. Cer-tiorari denied....
Views: 1
C. A. 6th Cir. Cer-tiorari denied....
Views: 2
C. A. 5th Cir. Certiorari denied....
Views: 4
Sup. Ct. Miss. Cer-tiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Cer-tiorari denied....
Views: 1
C. A. 3d Cir. Certio-rari denied....
Views: 6
C. A. 7th Cir. Certiorari denied....
Views: 1
C. A. 9th Cir. Certiorari denied....
Views: 1
C. A. 8th Cir. Certiorari denied....
Views: 1
C. A. 3d Cir. Certiorari denied....
Views: 1
Ct. App. D. C. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 1
Sup. Ct. Va. Cer-tiorari denied....
Views: 0
App. Ct. Ill., 1st Dist. Certiorari denied....
Views: 1
C. A. 3d Cir. Certiorari denied....
Views: 1
Ct. App. D. C. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 5
C. A. 6th Cir. Certiorari denied....
Views: 0
Sup. Ct. Haw. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. Fed. Cir. Certiorari denied....
Views: 2
Ct. App. Cal., 4th App. Dist. Certiorari denied....
Views: 0
Ct. App. N. Y. Certiorari denied....
Views: 1
C. A. 5th Cir. Certiorari denied....
Views: 6
C. A. 11th Cir. Certiorari denied....
Views: 3
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certio-rari denied....
Views: 1
C. A. 5th Cir. Cer-tiorari denied....
Views: 0
Ct. Mil. App. Certiorari denied....
Views: 1
C. A. 2d Cir. Certiorari denied....
Views: 3
C. A. 8th Cir. Cer-tiorari denied....
Views: 1
App. Ct. Mass. Cer-tiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 3
C. A. 4th Cir. Cer-tiorari denied....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 3
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 1
C. A. 8th Cir. Certiorari denied....
Views: 7
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 1
C. A. 5th Cir. Certio-rari denied....
Views: 1
C. A. 5th Cir. Certiorari denied....
Views: 1
C. A. 6th Cir. Cer-tiorari denied....
Views: 1
C. A. 8th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 1
Sup. Ct. Alaska. Certiorari denied....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 3
Ct. App. N. Y. Cer-tiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Cer-tiorari denied....
Views: 0
C. A. 4th Cir. Cer-tiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 1
C. A. 9th Cir. Certiorari denied....
Views: 6
C. A. 10th Cir. Certiorari denied....
Views: 0
Sup. Ct. Ind. Certiorari denied....
Views: 0
C. A. D. C. Cir. Certiorari denied....
Views: 1
App. Div., Sup. Ct. N. Y., 1st Jud. Dppt. Certiorari denied....
Views: 1
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Cer-tiorari denied....
Views: 1
C. A. 4th Cir. Certiorari denied....
Views: 1
Sup. Ct. La. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 2
Ct. App. D. C. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 5
C. A. 9th Cir. Certio-rari denied....
Views: 0
Sup. Ct. Neb. Certio-rari denied....
Views: 1
C. A. 3d Cir. Certiorari denied....
Views: 1
C. A. 6th Cir. Cer-tiorari denied. Justice Brennan and Justice Marshall would grant certiorari....
Views: 0
Sup. Ct. Ga. Certiorari denied. Justice Brennan and Justice Marshall would grant certiorari....
Views: 5
C. A. 4th Cir. Certiorari denied....
Views: 1
Ct. App. Ga. Certiorari denied....
Views: 0
C. A. 3d Cir. Certio-rari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 1
C. A. 2d Cir. Certiorari denied....
Views: 0
Sup. Ct. Ariz. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
App. Div., Sup. Ct. N. Y., 2d Jud. Dept. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Cer-tiorari denied....
Views: 2
C. A. 8th Cir. Certiorari denied....
Views: 1
Ct. App. N. Y. Certiorari denied. Justice Brennan and Justice Blackmun would grant certiorari....
Views: 2
C. A. 11th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied....
Views: 2
C. A. 4th Cir. Motion of petitioner for leave to proceed as a veteran granted. Certiorari denied....
Views: 2
C. A. 9th Cir. Certiorari denied. Justice Blackmun took no part in the consideration or decision of this petition....
Views: 0
C. A. 9th Cir. Certiorari denied. Justice Rehnquist and Justice O’Connor took no part in the consideration or decision of this petition....
Views: 1
C. A. 6th Cir. Certiorari denied. Justice O’Connor took no part in the consideration or decision of this petition....
Views: 2
Sup. Ct. Va. Certiorari denied. Justice Brennan would grant certiorari....
Views: 4
C. A. 10th Cir. Certiorari denied....
Views: 7
C. A. D. C. Cir. Certiorari denied....
Views: 3
Sup. Ct. Ga. Certiorari dismissed for want of a final judgment....
Views: 2
C. A. 2d Cir. Certiorari before judgment denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 1
C. A. 5th Cir. Certiorari denied....
Views: 0
App. Div., Sup. Ct. N. Y., 1st Jud. Dept. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 1
C. A. 5th Cir. Certiorari denied....
Views: 0
Ct. App. D. C. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 1
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Cer-tiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 1
C. A. 9th Cir. Certiorari denied....
Views: 1
C. A. 4th Cir. Certiorari denied....
Views: 0
Ct. App. D. C. Certiorari denied....
Views: 3
C. A. 10th Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied....
Views: 0
C. A. 2d Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari before judgment denied....
Views: 1
C. A. 3d Cir. Certiorari denied. The Chief Justice and Justice White would grant certiorari....
Views: 0
C. A. 9th Cir. Certiorari denied. Justice Marshall would grant certiorari....
Views: 3
App. Ct. Ill., 5th Dist. Motion of petitioners to consolidate this case with No. 85-10, Presbytery of Beaver-Butler v. Middlesex Presbyterian Church, infra, denied. Certiorari denied....
Views: 6
Sup. Ct. Del. Certio-rari denied. Justice Brennan and Justice Marshall would grant certiorari....
Views: 0
C. A. D. C. Cir. Certiorari denied. Justice Marshall would grant certiorari. Reported below: No. 84-6668, 243 U. S. App. D. C. 349, 753 F. 2d 167; No. 84-6673, 243 U. S. App. D. C. 348, 753 F. 2d 166; No. 84-6872, 245 U. S. App. D. C. 234, 759 F. 2d 960....
Views: 1
C. A. 4th Cir. Application for release and motion for stay of mandate, addressed to Justice Brennan and referred to the Court, denied. Certiorari denied....
Views: 3
C. A. 2d Cir. Motion of Victims of Crime Advocacy League of New York State, Inc., for leave to file a brief as amicus curiae granted. Certiorari denied....
Views: 1
Motion of petitioner to defer consideration of the petition for mandamus denied. Petition for writ of mandamus denied....
Views: 0
Sup. Ct. Tex. Petition for writ of common-law certiorari denied....
Views: 0
Petitions for writs of habeas corpus denied....
Views: 5
Petitions for writs of mandamus denied....
Views: 0
465 U. S. 1005. Motion of petitioner for leave to file petition for rehearing denied. Justice Blackmun would grant this motion....
Views: 0
474 U.S. 892 106 S.Ct. 214 88 L.Ed.2d 215 Lawrence FEINv.PERMANENTE MEDICAL GROUP. No. 85-19 Supreme Court of the United States October 15, 1985 The appeal is dismissed for want of a substantial federal question. Justice WHITE, dissenting. 1 California Civ.Code Ann. § 3333.2 (West Supp.1985) establishes a $250,000 maximum limitation in...
Views: 13
Appeal from Sup. Ct. App. W. Va. dismissed for want of substantial federal question....
Views: 3
Appeal from Sup. Ct. Alaska dismissed for want of jurisdiction....
Views: 0
Appeals from Sup. Ct. Fla. dismissed for want of jurisdiction. Reported below: 466 So. 2d 218 (first case); 472 So. 2d 1182 (second case)....
Views: 0
Appeal from Sup. Ct. R. I. dismissed for want of a final judgment....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 4
C. A. 11th Cir. Certiorari denied....
Views: 3
C. A. 4th Cir. Certiorari denied....
Views: 5
Ct. App. Md. Certiorari denied....
Views: 1
Sp. Ct. R. R. R. A. Certiorari denied....
Views: 1
C. A. 4th Cir. Certiorari denied....
Views: 0
Appeal from Sup. Ct. Ala. Probable jurisdiction noted....
Views: 0
Appeal from Super. Ct. Pa. Probable jurisdiction noted....
Views: 0
Appeal from Sup. Ct. Mich. Probable jurisdiction noted....
Views: 1
C. A. D. C. Cir. Certiorari denied....
Views: 1
C. A. 9th Cir. Certiorari granted....
Views: 3
C. A. D. C. Cir. Certiorari denied....
Views: 0
Ct. App. Kan. Certiorari denied....
Views: 0
Ct. App. Kan. Certiorari denied....
Views: 0
Sup. Ct. Conn. Cer-tiorari denied....
Views: 6
C. A. Fed. Cir. Certiorari denied....
Views: 3
C. A. D. C. Cir. Certiorari denied....
Views: 1
C. A. 8th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied. Reported below: 770 F. 2d 167....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Cer-tiorari denied....
Views: 2
C. A. 11th Cir. Certiorari denied....
Views: 4
Cir. Ct. Rockingham County, Va. Certiorari denied....
Views: 0
Sup. Ct. Idaho. Certiorari denied....
Views: 0
Appeal from D. C. C. D. Cal. Probable jurisdiction noted....
Views: 0
Ct. App. Colo. Certiorari denied....
Views: 1
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Cer-tiorari denied....
Views: 1
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 1
Sup. Ct. Ohio. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
Denied. Justice WHITE and Justice POWELL would grant certiorari....
Views: 2
C. A. D. C. Cir. Certiorari denied. Justice White would grant certiorari....
Views: 1
C. A. 11th Cir. Motion of respondent for leave to proceed informa pauperis granted. Certiorari denied....
Views: 0
C. A. Fed. Cir. Certiorari denied. Justice White and Justice Powell would grant certiorari....
Views: 0
474 U.S. 912 106 S.Ct. 283 88 L.Ed.2d 247 Albert OETTINGERv.Leona Gordon OETTINGER. No. 84-2011 Supreme Court of the United States October 21, 1985 The appeal is dismissed for want of a substantial federal question. Justice WHITE, with whom Justice BRENNAN joins, dissenting. 1 Appellant Albert Oettinger and appellee Leona Gordon Oettin...
Views: 0
C. A. 5th Cir. Certiorari denied. Reported below: 745 F. 2d 955....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 2
C. A. 9th Cir. Certiorari denied....
Views: 3
474 U.S. 929 106 S.Ct. 263 88 L.Ed.2d 269 Patrick Wayne KERRv.Fred FINKBEINER, Warden et al. No. 84-6792 Supreme Court of the United States October 21, 1985 On petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit. The petition for a writ of certiorari is denied. Justice WHITE, with whom Justice MARSHALL joins, d...
Views: 6
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Motion of petitioner for leave to proceed informa pauperis granted. Certiorari granted limited to Questions 1 and 2 presented by the petition. Reported below: 769 F. 2d 170....
Views: 2
C. A. 6th Cir. Certiorari denied....
Views: 1
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari granted, judgment vacated, and case remanded to the Court of Appeals with instructions to dismiss the appeal for want of a final judgment. Liberty Mutual Ins. Co. v. Wetzel, 424 U. S. 737, 742-745 (1976)....
Views: 1
Motion to direct the Clerk to waive the Rules and file the petition for writ of cer-tiorari denied....
Views: 1
C. A. 11th Cir. Application to recall and stay mandate, addressed to Justice White and referred to the Court, denied....
Views: 1
Appeal from Ct. App. N. Y. dismissed for want of substantial federal question....
Views: 0
C. A. 3d Cir. [Certiorari granted, ante, p. 815.] Motion for appointment of counsel granted, and it is ordered that William E. Staehle, Esquire, of Chatham, N. J., be appointed to serve as counsel for respondent in this case....
Views: 0
C. A. 2d Cir. Certiorari dismissed for want of jurisdiction....
Views: 5
C. A. 2d Cir. Certiorari denied....
Views: 7
C. A. 10th Cir. Certiorari denied....
Views: 1
C. A. 3d Cir. Certiorari denied....
Views: 5
C. A. 9th Cir. Certiorari denied....
Views: 3
C. A. 3d Cir. Certiorari denied....
Views: 3
C. A. 5th Cir. Certiorari denied....
Views: 1
C. A. 3d Cir. Certiorari denied....
Views: 0
Sup. Jud. Ct. Mass. Certiorari denied....
Views: 1
C. A. 6th Cir. Certiorari denied....
Views: 4
Sup. Ct. Ind. Certiorari denied....
Views: 1
C. A. 8th Cir. Certiorari denied....
Views: 1
C. A. 4th Cir. Certiorari denied....
Views: 1
App. Div., Sup. Ct. N. Y., 2d Jud. Dept. Certiorari denied....
Views: 1
C. A. Fed. Cir. Certiorari denied....
Views: 0
C. A. 10th Cir. Certiorari denied....
Views: 1
C. A. 9th Cir. Cer-tiorari denied....
Views: 0
471 U. S. 1136. Petition for rehearing denied....
Views: 1
Sup. Ct. Wash. Certiorari denied....
Views: 1
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 4
Ct. App. Ariz. Certiorari denied....
Views: 1
C. A. 6th Cir. Certiorari denied....
Views: 2
Sup. Ct. Conn. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 1st Cir. Certiorari denied....
Views: 1
Ct. App. D. C. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 1st Cir. Certiorari denied....
Views: 3
App. Ct. Ill., 2d Dist. Certiorari denied....
Views: 1
C. A. 3d Cir. Cer-tiorari denied....
Views: 2
C. A. D. C. Cir. Certio-rari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 5
Sup. Ct. Minn. Cer-tiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 1
Ct. Mil. App. Certiorari denied. Justice Brennan would grant certiorari....
Views: 0
C. A. 5th Cir. Motion of respondent *935for leave to proceed in forma pauperis granted. Certiorari denied....
Views: 1
Sup. Ct. Ill.; Sup. Ct. Ill.; Ct. Crim. App. Okla.; C. A. 5th Cir.; Sup. Ct. Ga.; and Ct. Crim. App. Ala. Certiorari denied. Reported below: No. 85-5164, 106 Ill. 2d 237, 478 N. E. 2d 267; No. 85-5180, 106 Ill. 2d 201, 478 N. E. 2d 392; No. 85-5291, 699 P. 2d 653; No. 85-5308, 767 F. 2d 916; No. 85-5310, 254 Ga. 538, 331 S. E. 2d 561; No. 85-5477, 470 So. 2d 1303....
Views: 4
Ct. App. N. C. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 1st Cir. Certiorari denied....
Views: 1
C. A. 4th Cir. Cer-tiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 1
C. A. 6th Cir. Certiorari denied....
Views: 1
C. A. 7th Cir. Certiorari dismissed under this Court’s Rule 53....
Views: 4
C. A. 6th Cir. Certiorari denied....
Views: 1
C. A. 2d Cir. Certiorari dismissed under this Court’s Rule 53....
Views: 1
In this case, the Delaware Supreme Court reversed respondent William Fensterer’s conviction on the grounds that the admission of the opinion testimony of the prosecution’s expert witness, who was unable to recall the basis for his opinion, denied respondent his Sixth Amendment right to confront the witnesses against him. 493 A. 2d 959 (1985). We conclude that the Delaware Supreme Court misconstrue...
Views: 0
474 U.S. 25 (1985) LANIER v. SOUTH CAROLINA No. 85-5260. Supreme Court of United States. Decided November 4, 1985 ON PETITION FOR WRIT OF CERTIORARI TO THE COURT OF APPEALS OF SOUTH CAROLINA PER CURIAM. The motion for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is granted. Petitioner was convicted of armed robbery. He contends that his confession should ha...
Views: 13
Sup. Ct. Ohio. Certiorari denied....
Views: 0
C. A. 3d Cir. Motion of respondents for leave to proceed in forma pau-peris granted. Certiorari denied. Justice Rehnquist and Justice O’Connor would grant certiorari....
Views: 0
C. A. 5th Cir. Certiorari denied. I agree that we should deny the petition for certiorari, but I would award respondents costs and fees under Rule 49.2. The time has come — indeed it is long past — when the Court should enforce Rule 49.2 or strike it. This petition, like much which preceded it, is utterly frivolous. On this record I can only conclude that petitioner and his counsel have filed a...
Views: 2
C. A. 10th Cir. Certiorari denied....
Views: 0
Sup. Ct. Colo. Application for stay, addressed to Justice Marshall and referred to the Court, denied....
Views: 0
Appeal from Ct. App. Cal., 3d App. Dist., dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied....
Views: 5
C. A. 3d Cir. Cer-tiorari denied....
Views: 0
Appeal from Sup. Ct. Tenn. dismissed for want of jurisdiction....
Views: 0
Ct. Crim. App. Tex. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 2
Sup. Ct. Iowa. Application for stay, addressed to Justice White and referred to the Court, denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 5
C. A. 4th Cir. Certiorari denied....
Views: 5
C. A. 1st Cir. Certiorari denied....
Views: 1
C. A. 2d Cir. Certiorari denied....
Views: 1
Sup. Ct. N. M. Certiorari denied....
Views: 1
C. A. 2d Cir. Certiorari denied....
Views: 1
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
Dist. Ct. App. Fla., 4th Dist. Certiorari denied....
Views: 1
C. A. 8th Cir. Certiorari denied....
Views: 1
C. A. 7th Cir. Certiorari denied....
Views: 4
C. A. 4th Cir. Certiorari denied....
Views: 3
Sup. Ct. Ariz. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 2
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 3
C. A. 5th Cir. Certiorari denied....
Views: 1
C. A. 10th Cir. Certiorari denied....
Views: 2
C. A. 8th Cir. Certiorari denied....
Views: 2
C. A. 3d Cir. Certiorari denied....
Views: 1
App. Ct. Ill., 1st Dist. Certio-rari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 7
Ct. App. Wis. Cer-tiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 1
C. A. 5th Cir. Certiorari denied....
Views: 7
C. A. 3d Cir. Certiorari denied....
Views: 2
C. A. 5th Cir. Certiorari denied....
Views: 1
C. A. 6th Cir. Cer-tiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 1
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 2
Ct. App. Cal., 3d App. Dist. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
Sup. Ct. Ariz. [Certio-rari granted, ante, p. 816.] Motions for appointment of counsel granted, and it is ordered that H. K. Wilhelmsen, Esquire, of Prescott, Ariz., be appointed to serve as counsel for petitioners in these cases....
Views: 1
Appeal from D. C. N. J. Probable jurisdiction noted....
Views: 0
Ct. Crim. App. Tex. Certio-rari denied....
Views: 5
C. A. 3d Cir. Certiorari denied....
Views: 1
C. A. 6th Cir. Certiorari denied....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 0
Sup. Jud. Ct. Me. Certiorari denied....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
Sup. Ct. Del. Certiorari denied....
Views: 1
Ct. App. Cal., 1st App. Dist. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. D. C. Cir. Certio-rari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
Ct. App. Ark. Certiorari denied....
Views: 1
C. A. 3d Cir. [Certiorari granted, 469 U. S. 1206.] Motion of petitioners for leave to file a supplemental brief after argument granted....
Views: 6
Sup. Ct. Mich. [Certio-rari granted, 471 U. S. 1124.] Motion of petitioner to reconsider order denying motion for divided argument [ante, p. 810] denied....
Views: 1
C. A. 7th Cir. [Probable jurisdiction noted, 471 U. S. 1115.] Motion of Chamber of Commerce of the United States of America for leave to file a brief as amicus curiae granted....
Views: 0
Sup. Ct. Ky. [Certio-rari granted, 471 U. S. 1052.] Motion of Elizabeth Holtzman, District Attorney for Kings County, New York, for leave to participate in oral argument as amicus curiae, for divided argument, and for additional time for oral argument denied....
Views: 0
Sup. Ct. S. C. [Certiorari granted, ante, p. 900.] Motion for appointment of counsel granted, and it is ordered that David I. Brack, Esquire, of Columbia, S. C., be appointed to serve as counsel for petitioner in this case....
Views: 1
C. A. 4th Cir. Motion of petitioner for leave to proceed informa pauperis and certiorari granted....
Views: 5
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 3
C. A. 3d Cir. Certiorari denied. Reported below: 766 F. 2d 770....
Views: 3
Ct. App. Wash. Certiorari denied....
Views: 1
C. A. Fed. Cir. Certiorari denied....
Views: 1
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Cer-tiorari denied....
Views: 0
Sup. Ct. N. J. Certio-rari denied....
Views: 1
C. A. 9th Cir. Certiorari denied....
Views: 1
Ct. App. Mo., Eastern Dist. Certiorari denied....
Views: 2
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 0
Sup. Ct. Ala. Certiorari denied....
Views: 1
Sup. Ct. Pa. Cer-tiorari denied....
Views: 3
C. A. 8th Cir. Cer-tiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
Ct. Crim. App. Tenn. Certiorari denied....
Views: 6
C. A. 3d Cir. Certiorari denied....
Views: 3
Petitions for writs of mandamus denied....
Views: 4
Sup. Ct. Tex. Petition for writ of common-law certiorari denied....
Views: 5
C. A. 9th Cir. Cer-tiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 2
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 5
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 1
Ct. App. Wis. Motion of National Association of Counsel for Children for leave to file a brief as amicus curiae granted. Certiorari denied....
Views: 3
C. A. 7th Cir. Certiorari denied. Justice White would grant certiorari....
Views: 3
C. A. 4th Cir. Motions of Blatt & Fales, Henderson & Goldberg, P. C., *971Association of Trial Lawyers of America, and Asbestos Victims of America for leave to file briefs as amici curiae granted. Certio-rari denied....
Views: 0
Sup. Ct. Va. Motion of Virginia Brown et al. for leave to file a brief as amici curiae granted. Certiorari denied....
Views: 5
C. A. 7th Cir. Motion of respondent to strike purported revision of the petition denied. Certiorari denied....
Views: 1
C. A. 10th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 1
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 1
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 8
C. A. 8th Cir. Certiorari denied....
Views: 0
C. A. Fed. Cir. Certiorari denied....
Views: 3
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied. Justice Brennan would grant certiorari....
Views: 1
C. A. 9th Cir. Certiorari denied. Justice Blackmun would grant certiorari....
Views: 0
Sup. Ct. Va.; Sup. Ct. Ariz.; C. A. 11th Cir.; and Sup. Ct. Ala. Certiorari denied. Reported below: No. 85-5417, 229 Va. 303, 329 S. E. 2d 807; No. 85-5478, 145 Ariz. 441, 702 P. 2d 670; No. 85-5486, 764 F. 2d 1371; No. 85-5548, 472 So. 2d 1106....
Views: 18
dissenting. In United States v. DiFrancesco, 449 U. S. 117 (1980), this Court upheld the constitutionality of a federal statute that permitted Government appeals from certain sentences. Today, the Court summarily reverses because it finds that the “Pennsylvania Supreme Court’s rationale is inconsistent with the rationale of the holding of this Court in DiFran-cesco.” Ante, at 29. The Pennsylvania ...
Views: 0
Sup. Ct. Miss. Cer-tiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 6
C. A. 9th Cir. Certio-rari denied....
Views: 0
Ct. App. D. C. Certiorari denied....
Views: 5
C. A. 4th Cir. Certiorari denied....
Views: 2
C. A. 9th Cir. Certiorari denied....
Views: 3
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 8
Ct. App. D. C. Application for recall and stay of mandate, presented to The Chief Justice, and by him referred to the Court, denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 2
C. A. 5th Cir. Certiorari denied....
Views: 2
C. A. 8th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 1
C. A. 4th Cir. Certio-rari denied....
Views: 0
Motion to direct the Clerk to file the petition *977for writ of certiorari out of time denied. Justice Powell took no part in the consideration or decision of this motion....
Views: 5
C. A. 6th Cir. Cer-tiorari denied....
Views: 0
Appeal from Sup. Ct. Minn, dismissed for want of substantial federal question....
Views: 0
C. A. 6th Cir. [Cer-tiorari granted, 471 U. S. 1003.] Motion of petitioners for leave to file a supplemental brief after argument granted....
Views: 0
C. A. 8th Cir. Certiorari granted....
Views: 5
Appeal from C. A. 6th Cir. Further consideration of question of jurisdiction postponed to hearing of case on the merits....
Views: 1
C. A. 4th Cir. Certiorari granted, cases consolidated, and a total of one hour allotted for oral argument. Reported below: 751 F. 2d 662....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 0
C. A. Fed. Cir. Certiorari denied....
Views: 1
C. A. 5th Cir. Certiorari denied....
Views: 3
C. A. 4th Cir. Certiorari denied....
Views: 2
C. A. 7th Cir. Certiorari denied....
Views: 1
Ct. App. Tex., 1st Sup. Jud. Dist. Certiorari denied....
Views: 0
Super. Ct. N. J., App. Div. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certio-rari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 1
C. A. 2d Cir. Certiorari denied....
Views: 0
Appeal from Sup. Ct. Wis. dismissed for want of substantial federal question....
Views: 1
Application for stay of deportation, addressed to Justice Marshall and referred to the Court, denied....
Views: 0
Sup. Ct. Ill. Motion of petitioner for leave to proceed in forma pauperis and certiorari granted....
Views: 0
Sup. Ct. Miss. Certio-rari denied....
Views: 0
C. A. 3d Cir. Cer-tiorari denied....
Views: 3
Ct. App. Ariz. Certiorari denied....
Views: 1
ante, p. 834; ante, p. 834; ante, p. 835; ante, p. 838; ante, p. 840; ante, p. 842; ante, p. 814; ante, p. 857; ante, p. 860; ante, p. 860; ante, p. 865; ante, p. 861; and ante, p. 862. Petitions for rehearing denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 1
C. A. 10th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Cer-tiorari denied....
Views: 3
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Cer-tiorari denied....
Views: 1
C. A. 4th Cir. Certiorari denied....
Views: 1
Ct. App. Ga. Certiorari denied....
Views: 0
Ct. App. Tex., 5th Sup. Jud. Dist. Certiorari denied....
Views: 0
C. A. 9th Cir. Cer-tiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 1
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 1
C. A. 8th Cir. Certiorari denied....
Views: 1
Sup. Ct. Ohio. Certiorari denied....
Views: 1
C. A. 9th Cir. Certiorari denied....
Views: 2
C. A. 11th Cir. Certiorari denied....
Views: 1
C. A. 5th Cir. Certiorari denied....
Views: 1
The Secretary of Labor is authorized to inspect work sites to uncover noncompliance with the Occupational Safety and *4 Health Act. 29 U. S. C. § 657(a). If, as a result of such an inspection, the Secretary discovers a violation of the Act, he is authorized to issue a citation to the employer fixing a reasonable time for the abatement of the violation, § 658(a), and assessing a pen...
Views: 8
Petitions for writs of mandamus denied....
Views: 0
Sup. Ct. Cal. Certiorari denied....
Views: 1
Sup. Ct. Ohio. Certiorari denied....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 1
C. A. 10th Cir. Cer-tiorari denied....
Views: 0
C. A. 5th Cir. Motion of petitioner for reconsideration of order denying leave to proceed informa pauperis granted, and order entered October 7, 1985 [ante, p. 812], denying leave to proceed in forma pauperis vacated. Certiorari denied....
Views: 5
Ct. Crim. App. Tex. Certio-rari denied....
Views: 2
Sup. Ct. Va. Certiorari denied....
Views: 0
474 U.S. 998 106 S.Ct. 374 88 L.Ed.2d 367 Ralph KEMP, Wardenv.Joseph James BLAKE. No. 85-188 Supreme Court of the United States November 18, 1985 On petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit. The petition for writ of certiorari is denied. Justice WHITE, dissenting. 1 This case ...
Views: 4
ante, p. 827. Motion of federal respondents for award of damages granted, and damages awarded to federal respondents only in the amount of $500 pursuant to this Court’s Rule 49.2. Motion of respondents Inland Steel Co. et al. for award of damages granted, and damages in the amount of $500 awarded pursuant to this Court’s Rule 49.2. Request of Inland Steel Co. et al. for award of double costs pursu...
Views: 0
C. A. 2d Cir. Cer-tiorari denied....
Views: 5
C. A. 8th Cir. Certiorari denied....
Views: 1
C. A. 2d Cir. Certiorari denied....
Views: 4
C. A. D. C. Cir. Certiorari denied....
Views: 1
Ct. App. N. Y. Cer-tiorari denied....
Views: 3
C. A. D. C. Cir. [Certiorari granted, ante, p. 918.] Motion of the Solicitor General to dispense with printing the joint appendix granted....
Views: 1
C. A. 9th Cir. Motion of petitioner for leave to proceed in forma pauperis and cer-tiorari granted. Judgment vacated and case remanded for further consideration in light of Dowling v. United States, 473 U. S. 207 (1985)....
Views: 3
D. C. S. D. Ind. [Probable jurisdiction noted, 470 U. S. 1083.] Appellants having reapplied for a stay in this case pending its final resolution in this Court and it appearing that all of the requirements for the issuance of a stay are satisfied, the application is granted and it is ordered that the judgment of the District Court for the Southern District of Indiana is stayed until further order o...
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 1
C. A. 4th Cir. [Certiorari granted, ante, p. 918.] Motion for appointment of counsel granted, and it is ordered that J. Lloyd Snook III, Esquire, of Charlottesville, Va., be appointed to serve as counsel for petitioner in this case....
Views: 0
Ct. App. N. Y. Certiorari denied....
Views: 1
C. A. 7th Cir. Certiorari denied....
Views: 1
Ct. App. Cal., 5th App. Dist. Certiorari denied....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 1
Ct. App. Kan. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
Super. Ct. N. J., App. Div. Certiorari denied....
Views: 4
C. A. 8th Cir. Certiorari denied. Reported below: 759 F. 2d 1316....
Views: 1
C. A. 3d Cir. Cer-tiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Cer-tiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 1
Appeal from Ct. App. Ore. dismissed for want of jurisdiction. Treating the papers whereon *991the appeal was taken as a petition for writ of certiorari, certiorari denied....
Views: 1
Application to vacate a stay entered by the United States Court of Appeals for the Second Circuit, presented to Justice Marshall, and by him referred to the Court, denied....
Views: 1
C. A. 4th Cir. Certiorari denied....
Views: 1
C. A. 9th Cir. [Certiorari granted, ante, p. 900.] Motion of petitioner Ruth Freedman for leave to proceed further herein informa pau-peris granted. Motion for appointment of counsel granted, and it is ordered that Alex Reisman, Esquire, of San Francisco, Cal., be appointed to serve as counsel for petitioner Ruth Freedman in this case....
Views: 0
C. A. 6th Cir. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner is allowed until December 9, 1985, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 1
C. A. 8th Cir. Certiorari denied....
Views: 0
C. A. D. C. Cir. Certiorari denied....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Cer-tiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
Sup. Ct. Kan. Certiorari denied....
Views: 2
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 1
C. A. 1st Cir. Certiorari denied....
Views: 0
Ct. Sp. App. Md. Certiorari denied....
Views: 0
Sup. Ct. App. W. Va. Certiorari denied....
Views: 1
C. A. 8th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
Super. Ct. N. J., App. Div. Certiorari denied....
Views: 0
C. A. 10th Cir. Certiorari denied....
Views: 1
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 4
Petitions for writs of mandamus denied....
Views: 1
C. A. 4th Cir. Certiorari denied....
Views: 0
Sup. Ct. Ill. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 0
C. A. Fed. Cir. Motion of petitioner to strike brief in opposition denied. Certiorari denied.'...
Views: 2
C. A. 7th Cir. Certiorari denied....
Views: 1
Sup. Ct. Ohio. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 2
Ct. Crim. App. Tex. Certio-rari denied....
Views: 3
C. A. 9th Cir. Cer-tiorari denied....
Views: 2
Ct. App. Tex., 6th Sup. Jud. Dist. Certiorari denied....
Views: 2
C. A. 7th Cir. Certiorari denied....
Views: 1
Ct. Mil. App. Certiorari denied....
Views: 1
C. A. 6th Cir. Certiorari denied....
Views: 2
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. D. C. Cir. Certiorari denied. Reported below: 243 U. S. App. D. C. 270, 753 F. 2d 88....
Views: 0
Appeal from Ct. App. La., 4th Cir., dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied....
Views: 0
Ct. App. Md. Certio-rari denied....
Views: 1
C. A. 10th Cir. Certiorari granted....
Views: 0
C. A. Fed. Cir. Certiorari granted....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 4
C. A. 9th Cir. Certiorari denied....
Views: 1
C. A. 6th Cir. Certiorari denied....
Views: 3
Appeal from C. A. 7th Cir. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied....
Views: 0
C. A. 11th Cir. Motions of National Legal Aid and Defender Association et al. and Vivian O. Berger et al. for leave to file briefs as amici curiae *1002granted. Motion of petitioner for leave to proceed in forma pauperis and certiorari granted. Judgment vacated and case remanded for further consideration in light of Caldwell v. Mississippi, 472 U. S. 320 (1985)....
Views: 2
C. A. 3d Cir. [Certiorari granted, 469 U. S. 1206.] Motion of respondents for leave to file a supplemental brief after argument granted....
Views: 7
C. A. 4th Cir. [Certiorari granted, 471 U. S. 1098.] Further consideration of motion of petitioner to strike ex parte affidavit is deferred to the hearing of the case on the merits....
Views: 0
C. A. 4th Cir. [Certiorari granted, ante, p. 944.] Motion for appointment of counsel granted, and it is ordered that Stephen J. Cribari, Esquire, of Baltimore, Md., be appointed to serve as counsel for petitioner in this case....
Views: 0
C. A. D. C. Cir. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner is allowed until December 23, 1985, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court....
Views: 0
C. A. 2d Cir. Cer-tiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 2
C. A. 5th Cir. Cer-tiorari denied....
Views: 1
Ct. App. D. C. Certiorari denied....
Views: 0
C. A. 11th Cir. Cer-tiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 2
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 1
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 1
Sup. Jud. Ct. Mass. Certiorari denied. Justice Brennan would grant certiorari....
Views: 11
C. A. 6th Cir. Certiorari denied....
Views: 4
C. A. 7th Cir. Certiorari denied....
Views: 1
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 1
C. A. 9th Cir. Certiorari denied....
Views: 0
Ct. App. D. C. Certiorari denied....
Views: 1
C. A. 5th Cir. Certiorari denied....
Views: 0
Sup. Ct. R. I. Certiorari denied....
Views: 1
Ct. App. D. C. Certiorari denied....
Views: 2
C. A. 11th Cir. Certiorari denied....
Views: 2
Ct. App. Cal., 1st App. Dist. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied....
Views: 0
Sup. Jud. Ct. Mass. Motion of General Council on Finance and Administration of the United Methodist Church et al. for leave to file a brief as amici curiae granted. Certiorari denied. Justice Brennan *1014and Justice White would grant certiorari....
Views: 2
C. A. 7th Cir. Certiorari denied....
Views: 1
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 2
Super. Ct. N. J., App. Div. Certiorari denied....
Views: 0
C. A. 9th Cir. Cer-tiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 3
Sup. Ct. Ohio. Certio-rari denied....
Views: 1
Super. Ct. Pa. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 4
C. A. 8th Cir. Certiorari denied....
Views: 4
C. A. 7th Cir. Certiorari denied....
Views: 1
C. A. 4th Cir. Certiorari denied....
Views: 2
Ct. Mil. App. Cer-tiorari denied....
Views: 0
Sup. Ct. Ala. Certio-rari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 1
C. A. 10th Cir. Certiorari denied....
Views: 2
App. Div., Sup. Ct. N. Y., 2d Jud. Dept. Certiorari denied....
Views: 0
C. A. 1st Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 1
C. A. 8th Cir. Certio-rari denied....
Views: 0
C. A. 3d Cir. Certio-rari denied....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 1
C. A. 4th Cir. Certio-rari denied....
Views: 3
Ct. App. Cal., 4th App. Dist. Cer-tiorari denied....
Views: 2
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Cer-tiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 3
C. A. 9th Cir. Certiorari denied....
Views: 3
C. A. 2d Cir. Certiorari denied....
Views: 1
Ct. App. Cal., 2d App. Dist. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
Petition for -writ of mandamus denied....
Views: 1
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 10th Cir. Certiorari denied....
Views: 1
C. A. D. C. Cir. Certio-rari denied....
Views: 1
C. A. 7th Cir. Certiorari denied....
Views: 2
C. A. 6th Cir. Certiorari denied....
Views: 1
C. A. 5th Cir. Certiorari denied....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 1
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 1
C. A. 9th Cir. Certiorari denied....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 1
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 2
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 0
Sup. Ct. Va. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 4
Ct. App. D. C. Certiorari denied....
Views: 1
C. A. 8th Cir. Certiorari denied....
Views: 1
C. A. 3d Cir. Cer-tiorari denied....
Views: 0
Sup. Ct. Ind. Certiorari denied....
Views: 0
ante, p. 835; ante, p. 865; ante, p. 804; ante, p. 836; ante, p. 865; ante, p. 873; ante, p. 805; ante, p. 875; ante, p. 839; ante, p. 840; ante, p. 840; ante, p. 865; ante, p. 842; ante, p. 883; ante, p. 806; ante, p. 849; ante, p. 851; ante, p. 803; ante, p. 854; ante, p. 854; ante, p. 858; ante, p. 860; ante, p. 935; and ante, p. 899. Petitions for rehearing denied....
Views: 3
C. A. 5th Cir. Certiorari dismissed under this Court’s Rule 53....
Views: 11
Super. Ct. Pa. [Probable jurisdiction noted, ante, p. 899.] Motion of Children’s Defense Fund et al. for leave to file a brief as amici curiae granted....
Views: 2
The motion of respondent to dismiss writ of certiorari as improvidently granted is denied....
Views: 0
C. A. 9th Cir. Certiorari granted limited to Question 1 presented by the petition....
Views: 1
Application for an injunction or writ of habeas corpus, addressed to Justice Rehnquist and referred to the Court, denied. Motion to recuse Justice Powell denied....
Views: 0
C. A. 9th Cir. [Cer-tiorari granted, ante, p. 816.] Judgment vacated and case remanded to the United States District Court for the Northern District of California with instructions to vacate the injunction and to dismiss the cause as moot....
Views: 1
Appeal from Ct. App. Tex., 8th Sup. Jud. Dist. Probable jurisdiction noted....
Views: 1
C. A. D. C. Cir. Certiorari granted, cases consolidated, and a total of one hour allotted for oral argument. Reported below: 248 U. S. App. D. C. 155, 770 F. 2d 211....
Views: 0
Application for stay of execution of sentence of death scheduled for Monday, December 9, *10161985, presented to Justice White, and by him referred to the Court, is granted pending the filing of a petition for writ of cer-tiorari on or before January 6, 1986. In the event the petition for writ of certiorari is filed by said date, this order is to continue pending the disposition of the petition fo...
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 4
C. A. 10th Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certio-rari denied....
Views: 3
Sup. Ct. Pa. Certiorari denied....
Views: 1
C. A. 7th Cir. Certio-rari denied....
Views: 3
C. A. 2d Cir. Certio-rari denied....
Views: 1
C. A. 5th Cir. Cer-tiorari denied. Reported below: 756 F. 2d 1076....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 4
C. A. 6th Cir. Certiorari denied....
Views: 1
C. A. 1st Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
Sup. Ct. Kan. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 2
Ct. App. Wash. Cer-tiorari denied....
Views: 0
C. A. 6th Cir. Cer-tiorari denied....
Views: 1
C. A. 8th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Cer-tiorari denied....
Views: 8
C. A. 4th Cir. Certiorari denied....
Views: 3
Sup. Ct. Fla. Certiorari denied....
Views: 1
Ct. App. Va. Certiorari denied....
Views: 0
Sup. Ct. Wyo.; Super. Ct. N. C., Halifax County; and Sup. Ct. Ind. Certiorari denied. Reported below: No. 85-5551, 704 P. 2d 1323; No. 85-5648, 479 N. E. 2d 1264....
Views: 7
C. A. D. C. Cir. Certiorari denied. The Chief Justice took no part in the consideration or decision of this petition....
Views: 9
C. A. 11th Cir. Certiorari denied....
Views: 3
Sup. Ct. Ky. Motion of petitioner for leave to proceed in forma pauperis and certiorari granted....
Views: 5
C. A. 11th Cir. Motions of National Association of Criminal Defense Lawyers and Office of the Capital Collateral Representative for the State of Florida et al. for leave to file briefs as amici curiae granted. Motion of petitioner for leave to proceed in forma pauperis and certiorari granted....
Views: 6
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. D. C. Cir. Cer-tiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 2
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 1
Sup. Ct. La. Certiorari denied....
Views: 3
Ct. App. Tex., 1st Sup. Jud. Dist. Certiorari denied....
Views: 2
C. A. 9th Cir. Certiorari denied....
Views: 3
C. A. 6th Cir. Certiorari denied....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Cer-tiorari denied....
Views: 0
Ct. App. Md. Certiorari denied....
Views: 1
Sup. Jud. Ct. Mass. Motion of respondent Madeline McKenna for leave to proceed in forma pauperis and certiorari granted....
Views: 1
Cir. Ct. Ky., Campbell County. Certiorari denied....
Views: 0
C. A. 10th Cir. Certiorari denied....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 3
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Cer-tiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 6
C. A. 10th Cir. Certiorari denied....
Views: 0
C. A. 10th Cir. Certiorari denied....
Views: 2
ante, p. 895; ante, p. 895; ante, p. 915; ante, p. 915; ante, p. 903; ante, p. 971; ante, p. 935; ante, p. 911; ante, p. 921; ante, p. 922; and ante, p. 923. Petitions for rehearing denied....
Views: 4
C. A. 4th Cir. Certiorari denied....
Views: 3
Sup. Ct. N. M. Certiorari dismissed under this Court’s Rule 53....
Views: 0
Ct. App. Cal., 3d App. Dist. Certiorari denied....
Views: 0
474 U.S. 1027 106 S.Ct. 586 88 L.Ed.2d 567 Janice Marie NYFLOTv.MINNESOTA COMMISSIONER OF PUBLIC SAFETY. No. 85-636 Supreme Court of the United States December 16, 1985 The appeal is dismissed for want of a substantial federal question. Justice WHITE, with whom Justice STEVENS joins, dissenting. 1 Shortly after 1:30 o'clock on the morn...
Views: 12
with whom Justice Blackmun joins, dissenting. The issue presented in this case is whether an order denying a civil rights plaintiff’s motion for appointment of counsel is a final decision appealable as a matter of right under 28 U. S. C. § 1291. Three among petitioners are Title VII plaintiffs who moved for and were denied appointment of counsel pursuant to 42 U. S. C. §2000e-5(f)(l)(B); a fourth ...
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 10th Cir. Certio-rari denied....
Views: 0
C. A. 4th Cir. [Certiorari granted, ante, p. 918.] Motion of New Jersey Department of the Public Advocate for leave to file a brief as amicus curiae granted....
Views: 0
Petition for writ of mandamus denied....
Views: 7
C. A. 9th Cir. Certiorari denied....
Views: 1
Sup. Jud. Ct. Me. Certiorari denied. Reported below: 497 A. 2d 467 (first case); 497 A. 2d 475 (second case)....
Views: 1
C. A. 2d Cir. Certiorari denied. Justice Blackmun took no part in the consideration or decision of this petition....
Views: 1
C. A. 6th Cir. Certiorari denied....
Views: 2
C. A. 7th Cir. Certiorari denied....
Views: 6
Sup. Ct. Ariz. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied. Justice White would grant certiorari....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
ante, p. 920; ante, p. 935; and ante, p. 951. Petitions for rehearing denied....
Views: 0
Appeal from C.A. 7th Cir. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied....
Views: 1
C. A. 3d Cir. Certiorari denied....
Views: 2
Sup. Ct. Iowa. Certio-rari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied. Reported below: 763 F. 2d 1032....
Views: 3
C. A. 10th Cir. Certiorari denied....
Views: 1
Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit. Denied....
Views: 2
C. A. 6th Cir. Certiorari denied....
Views: 1
C. A. D. C. Cir. Certiorari denied....
Views: 1
C. A. D. C. Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Cer-tiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 1
C. A. 5th Cir. Cer-tiorari denied....
Views: 5
C. A. 2d Cir. Cer-tiorari denied....
Views: 0
Dist. Ct. App. Fla., 4th Dist. Certiorari denied....
Views: 0
Ct. App. Tex., 3d Sup. Jud. Dist. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 4
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Cer-tiorari denied. Justice White would grant certiorari....
Views: 0
C. A. D. C. Cir. Motion of The Free Congress Research and Education Foundation for leave to file a brief as amicus curiae granted. Motion of petitioner to defer consideration of the petition for writ of certiorari denied. Certio-rari denied....
Views: 3
C. A. 6th Cir. Certiorari denied....
Views: 1
C. A. 10th Cir. Certiorari denied....
Views: 1
C. A. 6th Cir. Certiorari denied. Reported below: 771 F. 2d 83....
Views: 0
C. A. 7th Cir. Cer-tiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 0
Disbarment entered....
Views: 0
Appeal from Sup. Ct. Ohio dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied....
Views: 1
C. A. 6th Cir. Certiorari denied....
Views: 0
Super. Ct. Pa. [Probable jurisdiction noted, ante, p. 899.] Motion of Neighborhood Legal Services Association for leave to file a brief as amicus curiae granted....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
Petition for writ of mandamus and/or prohibition denied....
Views: 3
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 1st Cir. Certiorari denied....
Views: 0
Sup. Ct. Ga. Cer-tiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 1
Ct. App. La., 1st Cir. Certiorari denied....
Views: 5
C. A. 9th Cir. Certiorari denied....
Views: 0
Ct. App. Cal., 3d App. Dist. Certiorari denied....
Views: 0
Sup. Ct. Colo. Motion of Duane Woodard, Attorney General of Colorado, et al. for leave to file a brief as amici curiae granted. Motion of respondent for leave to proceed informa pauperis and certiorari granted. In addition to the question presented by the petition for writ of certiorari, the parties are requested to brief and argue the following question: “Did respondent’s mental condition re...
Views: 28
474 U.S. 1070 106 S.Ct. 830 88 L.Ed.2d 801 Sonia YOUNGv.ARKANSAS. No. 85-391 Supreme Court of the United States January 13, 1986 On petition for writ of certiorari to the Supreme Court of Arkansas. The petition for a writ of certiorari is denied. Justice WHITE, with whom Justice BRENNAN joins, dissenting. 1 Arkansas Stat. Ann. § ...
Views: 3
474 U.S. 1073 106 S.Ct. 834 88 L.Ed.2d 805 Aubrey Dennis ADAMS, petitionerv.Louie L. WAINWRIGHT, Secretary, Florida Department of Corrections, et al. No. 85-5815 Supreme Court of the United States January 13, 1986 On petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit. The petition for a writ of certiorari is deni...
Views: 11
Appeal from D. C. W. D. Wash, dismissed for want of jurisdiction....
Views: 2
D. C. C. D. Cal. [Probable jurisdiction noted sub nom. Heckler v. Owens, ante, p. 899.] Motion of the Solicitor General to dispense with printing the joint appendix granted....
Views: 0
Appeal from Sup. Ct. Cal. dismissed for want of substantial federal question. Justice White and Justice Stevens would note probable jurisdiction and set case for oral argument....
Views: 2
Appeal from Ct. App. Tex., 7th Sup. Jud. Dist. dismissed for want of substantial federal question....
Views: 0
Application for release on bail pending trial, addressed to Justice Brennan and referred to the Court, denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 4
C. A. 3d Cir. Certiorari denied....
Views: 1
C. A. 8th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Cer-tiorari denied....
Views: 0
C. A. 9th Cir. [Certiorari granted, ante, p. 1018.] Motion of respondent for leave to proceed further herein in forma pauperis denied. Motion of respondent for appointment of counsel denied....
Views: 0
C. A. 3d Cir. Motion of respondent Yurky for leave to proceed informa paupe-ris and certiorari granted....
Views: 3
C. A. 3d Cir. Certiorari denied....
Views: 2
C. A. 7th Cir. Certiorari denied....
Views: 2
C. A. 5th Cir. Certiorari denied. Reported below: 763 F. 2d 711....
Views: 1
C. A. 6th Cir. Certiorari denied....
Views: 3
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 0
C. A. Fed. Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 1
C. A. 8th Cir. Certio-rari denied....
Views: 1
C. A. 3d Cir. Certiorari denied....
Views: 1
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. [Certiorari granted, ante, p. 816.] Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted. Motion of respondent Vanguards of Cleveland for divided argument granted. Motion of respondents City of Cleveland et al. for divided argument granted....
Views: 0
Super. Ct. Pa. [Probable jurisdiction noted, ante, p. 899.] Motion of Children’s Defense Fund et al. for leave to participate in oral argument as amici curiae and for divided argument denied....
Views: 0
ante, p. 1021. Motion of respondent for award of damages granted, and damages in the amount of $500 are awarded pursuant to this Court’s Rule 49.2. Justice Brennan, Justice Marshall, Justice Blackmun, and Justice Stevens dissent....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 3
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 10th Cir. Certiorari denied....
Views: 1
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
Sup. Ct. App. W. Va. Certio-rari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 2
Ct. App. Ohio, Hamilton County. Certiorari denied....
Views: 0
Sup. Ct. Ohio. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 6
C. A. 3d Cir. Application for stay, addressed to Justice Marshall and referred to the Court, denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 2
C. A. 10th Cir. Certiorari denied....
Views: 5
C. A. 10th Cir. Motion of Scott M. Matheson for leave to file a brief as amicus curiae granted. The Chief Justice took no part in the consideration or decision of this motion....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 2
C. A. 4th Cir. Certiorari denied....
Views: 1
C. A. 9th Cir. Certiorari denied....
Views: 4
Sup. Ct.. Cal. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 1
C. A. 2d Cir. Certiorari denied....
Views: 0
Super. Ct. Wash., King County. Certiorari denied....
Views: 0
C. A. 7th Cir. Cer-tiorari denied....
Views: 0
Sup. Ct. S. C. Certiorari denied....
Views: 0
Sup. Ct. Ga. Certio-rari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 5
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 3
C. A. 6th Cir. Certiorari denied....
Views: 1
Ct. App. Mich. Certio-rari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 5
Sup. Ct. S. C. Certiorari denied....
Views: 2
C. A. 3d Cir. Certio-rari denied....
Views: 1
Ct. App. Ore. Certio-rari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 1
C. A. 6th Cir. Certiorari denied....
Views: 4
Ct. App. Md. Certio-rari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 1
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 5
C. A. 11th Cir. Certiorari denied....
Views: 2
Sup. Ct. Va. Certiorari denied....
Views: 0
Ct. Mil. App. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 2
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 3
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 2
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Cer-tiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 6
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied. Reported below: 770 F. 2d 171....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
Ct. App. Cal., 1st App. Dist. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 1
C. A. 10th Cir. Certiorari denied....
Views: 1
C. A. 2d Cir. Certiorari denied....
Views: 4
C. A. 5th Cir. Certiorari denied....
Views: 0
Ct. App. La., 1st Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 1
C. A. 8th Cir. Certiorari denied....
Views: 0
Ct. Mil. App. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Cer-tiorari denied....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certio-rari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certio-rari denied....
Views: 2
Ct. App. Md. Certio-rari denied....
Views: 0
Ct. App. Md. Certio-rari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 4
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 1
Sup. Ct. Cal. Certio-rari denied....
Views: 0
C. A. 5th Cir. Certiorari denied. Justice Powell took no part in the consideration or decision of these petitions. Reported below: 761 F. 2d 1153....
Views: 1
C. A. 5th Cir. Certiorari denied. Justice Black-mun and Justice O’Connor would grant certiorari....
Views: 1
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 1
Dist. Ct. App. Fla., 3d Dist. Certiorari denied. Justice Marshall and Justice Blackmun would grant certiorari....
Views: 0
C. A. D. C. Cir. Certiorari denied....
Views: 0
Ct. App. D. C. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 5
C. A. 6th Cir. Certiorari before judgment denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
Ct. App. D. C. Certiorari denied....
Views: 3
C. A. 3d Cir. Cer-tiorari denied....
Views: 1
Sup. Ct. N. M. Certiorari denied....
Views: 0
C. A. D. C. Cir. Certiorari denied....
Views: 1
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 1st Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 1
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Cer-tiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 2
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 1
C. A. 5th Cir. Cer-tiorari denied....
Views: 1
Ct. App. N. Y. Cer-tiorari denied....
Views: 0
Sup. Ct. Ill. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
Sup. Ct. App. W. Va. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. Fed. Cir. Certio-rari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied. Justice White would grant certio-rari....
Views: 4
ante, p. 945. Motion of petitioner for leave to proceed further herein in forma pauperis granted. Petition for rehearing denied....
Views: 0
Petition for writ of habeas corpus denied....
Views: 0
Petitions for writs of mandamus denied....
Views: 0
Petitions for writs of prohibition denied....
Views: 6
ante, p. 921. Motion of petitioner for leave to file petition for rehearing out of time denied....
Views: 0
C. A. 5th Cir. Motion of respondents for leave to proceed in forma pauperis granted. Certiorari denied. Justice White and Justice O’Connor would grant certiorari....
Views: 0
C. A. 5th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied....
Views: 1
ante, p. 863. Petition for rehearing denied. Justice Powell took no part in the consideration or decision of this petition....
Views: 0
ante, p. 1004; ante, p. 998; ante, p. 9; ante, p. 895; ante, p. 945; ante, p. 945; ante, p. 851; ante, p. 945; ante, p. 980; ante, p. 946; ante, p. 946; ante, p. 948; ante, p. 949; ante, p. 949; ante, p. 950; ante, p. 950; ante, p. 950; ante, p. 950; ante, p. 996; ante, p. 997; ante, p. 993; ante, p. 997; ante, p. 997; and ante, p. 997. Petitions for rehearing denied....
Views: 2
474 U.S. 1039 106 S.Ct. 645 88 L.Ed.2d 637 James Terry ROACHv.James AIKEN, Warden et al. No. 85-6155 (A-531) Supreme Court of the United States January 9, 1986 On petition for writ of Certiorari to the United States Court of Appeals for the Fourth Circuit. The application for stay of execution of the sentence of death scheduled for Friday, January 10, 1986,...
Views: 3
C. A. 2d Cir. Certiorari granted, judgment vacated, and case remanded to the Court of Appeals to transfer the case pursuant to 28 U. S. C. § 1631 to the United States Court of Appeals for the Federal Circuit. See 28 U. S. C. § 1295(a)(2)....
Views: 1
C. A. 4th Cir. Certiorari granted, judgment vacated, and case remanded to the Court of Appeals to transfer the case pursuant to 28 U. S. C. § 1631 to the United States Court of Appeals for the Federal Circuit. See 28 U. S. C. § 1295(a)(2)....
Views: 0
474 U.S. 1087 106 S.Ct. 863 88 L.Ed.2d 902 John MASON et al.v.CONTINENTAL GROUP, INC., et al. No. 85-847 Supreme Court of the United States January 21, 1986 On petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit. The petition for a writ of certiorari is denied. Justice WHITE, with whom Justice BRENNAN joins, ...
Views: 8
474 U.S. 1088 106 S.Ct. 864 88 L.Ed.2d 902 James E. MESSER, Jr.v.Ralph KEMP, Warden. No. 85-5571 Supreme Court of the United States January 21, 1986 On Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit. The petition for a writ of certiorari is denied. Justice MARSHALL, with whom Justice BRENNAN joins, disse...
Views: 5
D. C. S. D. Ill. Application for stay, addressed to Justice Brennan and referred to the Court, denied....
Views: 0
Affirmed on appeal from D. C. W. D. Tex....
Views: 0
Sup. Ct. Fla. Certiorari denied....
Views: 1
C. A. 10th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 2
C. A. Fed. Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 3
Sup. Ct. App. W. Va. Certiorari denied....
Views: 0
Sup. Ct. Colo. Certiorari denied....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 5
Ct. App. Cal., 2d App. Dist. Certiorari denied....
Views: 1
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 1
C. A. 4th Cir. Motion of petitioners for leave to proceed in forma ‘pauperis and certiorari granted....
Views: 7
C. A. 2d Cir. Certiorari denied....
Views: 1
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Cer-tiorari denied....
Views: 4
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 8
C. A. D. C. Cir. Certiorari denied....
Views: 0
Super. Ct. Pa. Certiorari denied....
Views: 0
Ct. App. Ohio, Stark County. Certio-rari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 0
Sup. Ct. Mich. Certiorari denied....
Views: 2
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 6
Ct. App. D. C. Certiorari denied....
Views: 0
C. A. 7th Cir. Cer-tiorari denied. Justice White and Justice Blackmun would grant certiorari....
Views: 5
Ct. App. Ohio, Cuyahoga County. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari before judgment denied....
Views: 3
C. A. 10th Cir. Certiorari denied. Justice White, Justice Blackmun, and Justice O’Connor would grant certiorari. The Chief Justice took no part in the consideration or decision of this petition....
Views: 0
C. A. 4th Cir. Motion of American Corporate Counsel Association for leave to file a brief as amicus curiae granted. Certiorari denied. Justice White and Justice Blackmun would grant certiorari....
Views: 0
C. A. 4th Cir. Certiorari denied. Justice White would grant certiorari....
Views: 0
C. A. 9th Cir. Certiorari denied. Justice White would grant certiorari....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 4
C. A. 10th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. [Certiorari granted, ante, p. 978.] Motion of National Committee on Pay Equity et al. for leave to file a brief as amici curiae granted....
Views: 0
C. A. 2d Cir. Motion of petitioners to expedite consideration of this case denied....
Views: 0
Sup. Ct. Ill. [Certiorari granted, ante, p. 979.] Motion of Mental Health Information Service, Second Judicial Department, for leave to file a brief as amicus curias granted....
Views: 3
C. A. 4th Cir. Certio-rari denied. Reported below: 767 F. 2d 1052....
Views: 2
C. A. 10th Cir. Certiorari denied....
Views: 0
App. Ct. Conn. Certiorari denied....
Views: 1
C. A. 10th Cir. Certiorari denied....
Views: 0
C. A. Fed. Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
App. Ct. Ill., 2d Dist. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 1
C. A. 8th Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 1
C. A. 7th Cir. Certiorari denied....
Views: 5
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 1
C. A. 5th Cir. Certiorari denied....
Views: 8
ante, p. 844; ante, p. 850; ante, p. 936; ante, p. 1001; ante, p. 1008; ante, p. 1009; ante, p. 1010; and ante, p. 1012. Petitions for rehearing denied....
Views: 2
C. A. 11th Cir. Certiorari denied....
Views: 1
Appeal from C. A. 11th Cir. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied....
Views: 0
Sup. Ct. Ala. [Probable jurisdiction noted, ante, p. 899.] Motion of National Right to Work Legal Defense Foundation, Inc., for leave to file a brief as amicus curiae granted....
Views: 0
Sup. Ct. Ill. [Certiorari granted, ante, p. 979.] Motion of Edwin F. Mandel Legal Aid Clinic for leave to file a brief as amicus curiae granted....
Views: 2
C. A. 6th Cir. Certiorari denied....
Views: 2
C. A. 9th Cir. Certiorari denied....
Views: 3
C. A. 5th Cir. Certiorari denied....
Views: 0
Ct. Crim. App. Tex. Cer-tiorari denied....
Views: 4
C. A. 4th Cir. [Certiorari granted, ante, p. 978.] Motion of the Solicitor General for divided argument granted, and the Solicitor General is allotted 12 minutes for oral argument and petitioners Bazemore et al. are allotted 18 minutes for oral argument....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 1
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....
Views: 0
Motion to direct the Clerk to file petition for writ of certiorari out of time denied....
Views: 0
C. A. 9th Cir. Certio-rari granted, judgment vacated, and case remanded to the Court of Appeals to transfer the case pursuant to 28 U. S. C. § 1631 to the United States Court of Appeals for the Federal Circuit. See 28 U. S. C. § 1295(a)(2)....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 5
Petitions for writs of mandamus and/or prohibition denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 4
C. A. 2d Cir. Certiorari granted limited to Questions 1, 2, 3, and 4 presented by the petition....
Views: 1
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 10th Cir. Certiorari denied....
Views: 2
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied. 2d 1493. Reported below: 761 F. 2d 1459 and 766 F....
Views: 0
Dist. Ct. App. Fla., 3d Dist. Certiorari denied....
Views: 2
C. A. 10th Cir. Certiorari denied. Reported below: 767 F. 2d 1479....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 2
C. A. Fed. Cir. Certiorari denied....
Views: 1
C. A. 9th Cir. Cer-tiorari denied....
Views: 0
Ct. App. Tex., 11th Sup. Jud. Dist. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 2
C. A. 4th Cir. Certiorari denied....
Views: 0
Sup. Ct. Ariz. Certiorari denied....
Views: 4
Sup. Ct. Ill. Certio-rari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 10th Cir. Certio-rari denied....
Views: 1
ante, p. 908. Motion for leave to file petition for rehearing denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 5
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 1
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
Ct. App. D. C. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 10th Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 10th Cir. Certiorari denied....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 0
Sup. Ct. Ga. Certiorari denied....
Views: 0
Petitions for writs of mandamus denied....
Views: 5
Petition for writ of prohibition denied....
Views: 0
C. A. Fed. Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Cer-tiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. Fed. Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
Temp. Emerg. Ct. App. Motion of Chamber of Commerce of the United States for leave to file a brief as amicus curiae in No. 85-429 granted. Motion of American Petroleum Institute for leave to file a brief as amicus curiae in Nos. 85-429 and 85-430 granted. Certiorari denied. Reported below: 773 F. 2d 1240....
Views: 0
C. A. 3d Cir. Cer-tiorari denied. Justice White would grant certiorari....
Views: 2
C. A. 11th Cir. Certiorari denied. Justice Brennan, Justice Marshall, and Justice Blackmun would grant certiorari....
Views: 2
Ct. Crim. App. Tex.; Ct. Crim. App. Tex.; and Sup. Ct. Ill. Certiorari denied. Reported below: No. 85-5687, 691 S. W. 2d 664; No. 85-5825, 692 S. W. 2d 686; No. 85-5946, 108 Ill. 2d 70, 483 N. E. 2d 250....
Views: 12
Ct. Crim. App. Tex. Application for stay of execution of sentence of death, presented to Justice White, and by him referred to the Court, denied. Justice Blackmun and Justice Stevens would grant the application for stay. Certiorari denied....
Views: 0
475 U.S. 1034 106 S.Ct. 1167 89 L.Ed.2d 352 AMREP CORPORATIONv.FEDERAL TRADE COMMISSION. No. 85-633 Supreme Court of the United States February 24, 1986 On petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit. The petition for writ of certiorari is denied. Justice WHITE, dissenting. 1 The Fe...
Views: 0
475 U.S. 1032 106 S.Ct. 1242 89 L.Ed.2d 350 MELLON BANK, N.A., et al.v.UNITED STATES. No. 85-459 Supreme Court of the United States February 24, 1986 On petition for writ of certiorari to the United States Court of Appeals for the Third Circuit. The petition for writ of certiorari is denied. Justice O'CONNOR, with whom Justice BLACKMUN and Justice POW...
Views: 2
Appeal from Sup. Ct. Va. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied....
Views: 6
Appeal from C. A. 5th Cir. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied....
Views: 0
Appeal from Int. Ct. App. Haw. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied....
Views: 4
Appeal from Ct. App. Ohio, Montgomery County, dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied....
Views: 0
Appeal from Ct. App. Tex., 3d Sup. Jud. Dist., dismissed for want of substantial federal question. Justice White would postpone further consideration of question of jurisdiction to a hearing of the case on the merits....
Views: 4
Appeal from Sup. Ct. Kan. Judgment vacated and case remanded for further consideration in light of Transcontinental Gas Pipe Line Corp. v. State Oil and Gas Board, 474 U. S. 409 (1986)....
Views: 3
C. A. 5th Cir. Motion of respondent for leave to proceed in forma pauperis and certiorari granted. Judgment vacated and case remanded for further consideration in light of Cabana v. Bullock, 474 U. S. 376 (1986)....
Views: 5
Appeal from Sup. Ct. Cal. dismissed for want of substantial federal question....
Views: 0
Appeal from C. A. 1st Cir. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied....
Views: 0
Appeal from Sup. Ct. Conn, dismissed for want of substantial federal question. Justice White, Justice Powell, and Justice O’Connor would note probable jurisdiction and set case for oral argument....
Views: 0
Motions of petitioners to direct the Clerk to file petitions for writs of certiorari that do not comply with the Rules of this Court denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 2
C. A. 7th Cir. Certiorari denied....
Views: 4
C. A. 11th Cir. Certiorari denied....
Views: 0
Ct. App. Cal., 4th App. Dist. Certiorari denied....
Views: 0
C. A. D. C. Cir. [Certiorari granted, 474 U. S. 1018.] Motion of petitioner ContiCommodity Services, Inc., for divided argument granted. Motion of respondents for divided argument denied. Justice Brennan would grant this motion....
Views: 5
Motion of petitioner to direct the Clerk to file a petition for writ of certiorari out of time and for relief from the requirement of Rule 28.2 denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Cer-tiorari denied....
Views: 0
C. A. 4th Cir. [Certiorari granted, 474 U. S. 978.] Motion of respondents for divided argument denied. Justice Brennan would grant this motion....
Views: 0
D. C. C. D. Cal. [Probable jurisdiction noted sub nom. Heckler v. Owens, 474 U. S. 899.] Motion of appellee Buenta Owens to be substituted as representative of appellee Kenneth Owens, deceased, granted....
Views: 0
C. A. 3d Cir. Motion of petitioner to grant the petition for writ of certiorari, vacate the judgment, and remand the case to the United States Court of Appeals for the Third Circuit for further consideration denied....
Views: 4
C. A. 3d Cir. [Certiorari granted, 474 U. S. 1049.] Motion for appointment of counsel granted, and it is ordered that David Rudovsky, Esquire, of Philadelphia, Pa., be appointed to serve as counsel for respondent David A. Yurky in this case....
Views: 0
C. A. 9th Cir. Motion of petitioners to consolidate this case with No. 85-546, United States v. Mottaz [certiorari granted, 474 U. S. 994], denied....
Views: 0
C. A. 8th Cir. [Certiorari granted, 474 U. S. 978.] Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted....
Views: 0
C. A. 9th Cir. [Certiorari granted, 474 U. S. 1018.] Joel I. Klein, Esquire, of Washington, D. C., a member of the Bar of this Court, is invited to brief and argue this case as amicus curiae in support of the judgment below....
Views: 0
C. A. 11th Cir. [Certiorari *1008granted, 474 U. S. 1019.] Motions of American Psychological Association et al., Office of the Capital Collateral Representative for Florida et al., and American Psychiatric Association for leave to file briefs as amici curiae granted....
Views: 0
C. A. 2d Cir. Certiorari granted....
Views: 3
C. A. 9th Cir. Certiorari denied....
Views: 3
Sup. Ct. Miss. Motion of petitioner for leave to proceed informa pauperis and certiorari granted....
Views: 7
C. A. 6th Cir. Certiorari denied. Reported below: 752 F. 2d 1116....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 3
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 3
Ct. App. Cal., 1st App. Dist. Certiorari denied....
Views: 6
Ct. Mil. App. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
Salvatore L. Romano, Jr., of Providence, R. I., 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 December 9, 1985 [474 U. S. 1017], is hereby discharged....
Views: 0
Sup. Ct. Mich. [Probable jurisdiction noted, 474 U. S. 899.] Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted....
Views: 2
Sup. Jud. Ct. Mass. [Certiorari granted, 474 U. S. 1018.] Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted....
Views: 0
dissenting. For the reasons expressed in Brown v. Herald Co., 464 U. S. 928 (1983), we would deny the petition for writ of certiorari without reaching the merits of the motion to proceed in forma pauperis....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 2
C. A. 11th Cir. Certiorari denied....
Views: 3
C. A. 7th Cir. Certiorari denied....
Views: 4
C. A. 7th Cir. Certiorari denied....
Views: 6
C. A. 3d Cir. Certiorari denied....
Views: 3
C. A. 5th Cir. Certiorari denied....
Views: 1
C. A. 5th Cir. Certiorari denied....
Views: 4
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certio-rari denied....
Views: 1
C. A. 8th Cir. Certiorari denied....
Views: 2
C. A. 5th Cir. Certiorari denied....
Views: 1
C. A. 3d Cir. Certiorari denied....
Views: 6
App. Ct. Ill., 5th Dist. Certiorari denied....
Views: 7
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 2
C. A. 6th Cir. Certio-rari denied....
Views: 1
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 2
Ct. App. Tenn. Certiorari denied....
Views: 1
C. A. 11th Cir. Cer-tiorari denied....
Views: 0
C. A. 7th Cir. Cer-tiorari denied....
Views: 0
Super. Ct. N. J., App. Div. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. Fed. Cir. Certiorari denied....
Views: 2
C. A. 11th Cir. Certiorari denied....
Views: 3
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 2
C. A. 7th Cir. Certiorari denied....
Views: 8
C. A. 5th Cir. Certiorari denied....
Views: 3
C. A. 2d Cir. Certiorari denied....
Views: 0
Ct. Crim. App. Tenn. Certiorari denied....
Views: 0
Sup. Ct. Ohio. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
Sup. Ct. Colo. Certiorari denied....
Views: 1
C. A. 8th Cir. Certiorari denied....
Views: 2
C. A. 5th Cir. Certiorari denied....
Views: 2
C. A. 6th Cir. Certiorari denied....
Views: 5
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Cer-tiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied. Reported below: 765 F. 2d 1270....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 1
C. A. 7th Cir. Certiorari denied....
Views: 8
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 0
Sup. Ct. Fla. Certiorari denied....
Views: 1
App. Div., Sup. Ct. N. Y., 2d Jud. Dept. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
15th Jud. Dist. Ct. La., Lafayette Parish. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
Ct. App. Okla. Certiorari denied....
Views: 0
C. A. Fed. Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 5
C. A. 2d Cir. Certiorari denied....
Views: 1
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 2
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 2
C. A. 7th Cir. Certiorari denied....
Views: 0
Ct. App. Ore. Certiorari denied....
Views: 1
Ct. App. Cal., 4th App. Dist. Certiorari denied....
Views: 0
Ct. App. Cal., 1st App. Dist. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 4
C. A. 1st Cir. Certiorari denied....
Views: 0
C. A. D. C. Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 3
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 3
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
Sup. Ct. App. W. Va. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
Sup. Ct. Cal; Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 1
Ct. App. Tex., 13th Sup. Jud. Dist. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 0
Sup. Ct. Del. Certio-rari denied....
Views: 5
C. A. 7th Cir. Certiorari denied....
Views: 1
Sup. Ct. Ky. Certiorari denied....
Views: 0
Ct. App. Cal., 6th App. Dist. Certiorari denied....
Views: 0
C. A. 10th Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certio-rari denied....
Views: 0
Ct. App. La., 4th Cir. Certiorari denied....
Views: 0
C. A. 10th Cir. Certiorari denied....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 0
Sup. Ct. Wash. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
Ct. App. Tex., 1st Sup. Jud. Dist. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 1
C. A. D. C. Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
Sup. Ct. App. W. Va. Certiorari denied....
Views: 0
App. Ct. Ill., 1st Dist. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 3
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 5
C. A. 8th Cir. Certiorari denied....
Views: 3
C. A. 5th Cir. Certiorari denied....
Views: 3
Sup. Ct. Neb. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 2
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 2
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 5
C. A. 9th Cir. Certiorari denied....
Views: 3
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. Fed. Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 5
C. A. 11th Cir. Certiorari denied....
Views: 3
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 4
C. A. 3d Cir. Certiorari denied....
Views: 1
App. Div., Sup. Ct. N. Y., 3d Jud. Dept. Certiorari denied....
Views: 1
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 4
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 0
Ct. App. Cal., 2d App. Dist. Certiorari denied....
Views: 0
Sup. Ct. Fla. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
Ct. App. Wis. Certiorari denied....
Views: 0
Ct. Crim. App. Okla. Certiorari denied....
Views: 4
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 1
Ct. App. D. C. Certiorari denied....
Views: 0
Sup. Ct. Ill. Certiorari denied....
Views: 4
C. A. 10th Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 1
Dist. Ct. App. Fla., 4th Dist. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 1
C. A. 7th Cir. Certiorari denied....
Views: 1
C. A. 2d Cir. Certiorari denied....
Views: 1
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 1
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 3
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 4
C. A. 3d Cir. Certiorari denied. Justice O’Connor would grant certiorari....
Views: 2
Sup. Ct. Ariz. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 10th Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 0
Ct. App. Cal., 2d App. Dist. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 0
Ct. Sp. App. Md. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 0
Sup. Ct. Ind. Certiorari denied....
Views: 0
Ct. App. Wis. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 1
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 1
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 0
Sup. Ct. Conn. Certiorari denied....
Views: 2
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 1
Ct. App. N. Y. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 1st Cir. Certiorari denied....
Views: 2
C. A. 3d Cir. Certiorari denied....
Views: 0
dissenting. Adhering to our views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153, 227, 231 (1976), we would grant certiorari and vacate the death sentences in these eases....
Views: 0
C. A. 7th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied....
Views: 6
Sup. Jud. Ct. Me. Certiorari denied. Justice White would grant certiorari....
Views: 0
Sup. Ct. Ark. Certiorari denied. Justice White would grant certiorari....
Views: 1
Sup. Ct. Va. Certiorari denied. Justice Powell took no part in the consideration or decision of this petition....
Views: 4
C. A. 11th Cir. Certiorari denied. Justice Marshall would grant certiorari....
Views: 8
C. A. 6th Cir. Petition for writ of common-law certiorari and/or mandamus denied....
Views: 1
Petition for writ of mandamus and/or prohibition denied....
Views: 0
Petitions for writs of mandamus denied....
Views: 0
Petition for writ of prohibition and/or mandamus denied....
Views: 0
C. A. 3d Cir. Certiorari denied. Justice White and Justice O’Connor would grant certiorari....
Views: 0
Petition for writ of habeas corpus denied....
Views: 1
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. Justice O’Connor would grant certiorari....
Views: 0
dissenting. Adhering to my view that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153, *1040227 (1976), I would grant certiorari and vacate the death sentence in this case....
Views: 0
474 U. S. 822; 470 U. S. 1059; 474 U. S. 1081; 474 U. S. 1057; 474 U. S. 1022; 474 U. S. 1035; 474 U. S. 1010; 474 U. S. 1084; 474 U. S. 1038; 474 U. S. 1038; 474 U. S. 1035; 474 U. S. 1065; 474 U. S. 1066; 474 U. S. 1068; and 474 U. S. 1073. Petitions for rehearing denied....
Views: 2
474 U. S. 858; 474 U. S. 951; and 474 U. S. 982. Motions for leave to file petitions for rehearing denied....
Views: 0
C. A. 7th Cir. Motion of respondents for leave to proceed in forma pauperis granted. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied. Reported below: 764 F. 2d 445....
Views: 0
C. A. 10th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied. Reported below: 772 F. 2d 915....
Views: 4
C. A. D. C. Cir. Certiorari denied....
Views: 0
Sup. Ct. La. Certiorari denied....
Views: 10
C. A. 2d Cir. Certiorari denied....
Views: 3
C. A. 3d Cir. Certiorari denied....
Views: 0
Ct. App. Cal., 1st App. Dist. Certiorari denied....
Views: 1
C. A. 7th Cir. Motion of respondent to expedite consideration of the petition for certiorari denied....
Views: 0
Sup. Ct. Miss. Application for stay pending appeal, addressed to Justice Powell and referred to the Court, denied. Justice Blackmun dissents....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 2
C. A. 6th Cir. Certiorari denied....
Views: 1
C. A. Fed. Cir. Certiorari denied....
Views: 1
C. A. Fed. Cir. Certiorari denied....
Views: 0
Sup. Ct. Ill. Certiorari denied....
Views: 0
Motion of petitioner seeking leave to proceed as a seaman and to be relieved from printing the petition for writ of certiorari and the petition for writ of mandamus in compliance with Rule 33 denied. Justice Stevens would grant the motion....
Views: 0
Appeal from Sup. Ct. Tex. dismissed for want of substantial federal question....
Views: 0
C. A. D. C. Cir. Certiorari granted....
Views: 1
C. A. 7th Cir. Certiorari denied....
Views: 1
Ct. App. Ore. Certiorari denied....
Views: 0
Sup. Ct. App. W. Va. Certiorari denied....
Views: 2
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Petition for writ of certiorari and/or mandamus denied....
Views: 1
C. A. 7th Cir. Certiorari denied....
Views: 4
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 5
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 10th Cir. Certiorari denied....
Views: 2
Sup. Ct. Mich. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 10th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. Fed. Cir. Certiorari denied....
Views: 2
C. A. Fed. Cir. Certiorari denied....
Views: 6
C. A. 11th Cir. Certiorari denied....
Views: 5
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
App. Ct. Ill., 1st Dist. Certiorari denied....
Views: 0
Ct. App. Wis. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 0
Sup. Ct. Kan. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
Ct. App. Wis. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 1st Cir. Certiorari denied....
Views: 5
Sup. Ct. Wyo. Certiorari denied....
Views: 0
C. A. 1st Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 4
C. A. 10th Cir. Certiorari denied....
Views: 0
C. A. Fed. Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 2
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied. Justice O’Connor would grant certiorari....
Views: 0
Petition for writ of mandamus denied....
Views: 5
Ct. App. D. C. Certiorari denied....
Views: 5
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
Ct. App. Cal., 2d App. Dist. Certiorari denied....
Views: 1
Ct. App. Ind. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 2
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 1
Ct. Sp. App. Md. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 2
C. A. 6th Cir. Certiorari denied....
Views: 2
C. A. 11th Cir. Certiorari denied....
Views: 1
C. A. 1st Cir. Certiorari denied....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 1
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Motion of re*1055spondent 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: 2
C. A. 5th Cir. Motion of petitioner to defer consideration of the petition for writ of certiorari denied. Certiorari denied....
Views: 1
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
Petitions for writs of mandamus and/or prohibition denied....
Views: 3
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 10th Cir. Certiorari denied....
Views: 3
C. A. 4th Cir. Certiorari denied....
Views: 0
474 U. S. 302; 474 U. S. 1056; 474 U. S. 1043; 474 U. S. 1059; 474 U. S. 1059; 474 U. S. 1034; 474 U. S. 1063; 474 U. S. 1063; and 474 U. S. 1064. Petitions for rehearing denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 1
Appeal from Ct. App. Mich, dismissed for want of properly presented federal question. Justice Stevens would note probable jurisdiction and set case for oral argument....
Views: 0
Sup. Ct. Kan. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 1
Ct. App. Cal., 2d App. Dist. Certiorari denied....
Views: 1
C. A. 7th Cir. Certiorari denied....
Views: 7
Ct. App. D. C. Certiorari denied....
Views: 0
Ct. App. Ariz. Cer-tiorari denied....
Views: 0
It is ordered that R. Jack Magruder III, of Little Rock, Ark., 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....
Views: 0
C. A. 4th Cir. Motion of petitioner to consolidate this case with No. 85-5189, McLaughlin v. United States [certiorari granted, 474 U. S. 944], denied....
Views: 5
C. A. 5th Cir. Certiorari denied....
Views: 0
Ct. App. Tex., 5th Sup. Jud. Dist. Cer-tiorari denied....
Views: 0
C. A. 5th Cir. Cer-tiorari denied....
Views: 0
Appeal from Ct. Crim. App. Okla. dismissed for want of substantial federal question....
Views: 0
Appeal from C. A. 3d 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: 1
Sup. Ct. Cal. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Teachers v. Hudson, ante, p. 292....
Views: 0
C. A. 10th Cir. [Certiorari granted, 474 U. S. 1004.] Judgment vacated and case remanded to the Court of Appeals with directions that it instruct the United States District Court for the District of Colorado to dismiss the complaint as moot....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. D. C. Cir. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner is allowed until March 31, 1986, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 2
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 10th Cir. Certiorari denied....
Views: 0
Petition for writ of mandamus denied....
Views: 3
C. A. 11th Cir. Certiorari denied....
Views: 4
C. A. 6th Cir. Cer-tiorari denied....
Views: 0
Ct. App. Ohio, Lawrence County. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 2
C. A. 5th Cir. Certiorari denied....
Views: 6
C. A. 10th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certio-rari denied....
Views: 1
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Cer-tiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 1
Ct. App. Cal., 4th App. Dist. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. D. C. Cir. Certiorari denied....
Views: 1
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
Sup. Ct. La. Certiorari denied....
Views: 0
Sup. Ct. Ill. Certiorari denied....
Views: 2
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 9
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 0
Sup. Ct. N. J. Certiorari denied. Justice Blackmun would grant the petition for writ of certiorari, vacate the judgment, and remand the case for further consideration in light of Teachers v. Hudson, ante, p. 292....
Views: 5
474 U. S. 1082; 474 U. S. 1034; 474 U. S. 1110; 474 U. S. 1084; and 474 U. S. 1085. Petitions for rehearing denied....
Views: 0
Appeal from Ct. App. Ky. dismissed under this Court’s Rule 53....
Views: 0
C. A. 2d Cir. Certiorari dismissed under this Court’s Rule 53....
Views: 0
C. A. 9th Cir. Certiorari dismissed under this Court’s Rule 53....
Views: 1
C. A. 9th Cir. Certiorari denied....
Views: 0
Motion to direct the Clerk to file petition for writ of certiorari out of time denied....
Views: 8
Appeal from Sup. Ct. Colo, dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied....
Views: 0
Disbarment entered....
Views: 0
Appeal from Sup. Ct. Ohio dismissed for want of substantial federal question....
Views: 0
Appeal from App. Ct. Ill., 1st Dist., dismissed for want of substantial federal question....
Views: 0
Appeal from Cir. Ct. W. Va., Jefferson County, dismissed for want of substantial federal question....
Views: 3
Appeal from Sup. Ct. S. D. dismissed for want of substantial federal question....
Views: 0
Ct. App. Cal., 1st App. Dist. Application for stay, addressed to Justice Brennan and referred to the Court, denied....
Views: 0
Disbarment entered....
Views: 0
It is ordered that John Harrison Marble, of Cincinnati, Ohio, 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....
Views: 0
It is ordered that Charles Louis Duke, of Houston, Tex., 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....
Views: 0
C. A. 8th Cir. [Certiorari granted, 474 U. S. 978.] Motion of petitioners for divided argument denied....
Views: 1
Disbarment entered....
Views: 0
Appeal from Ct. App. Tex., 14th Sup. Jud. Dist., dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied....
Views: 0
C. A. 5th Cir. Application for stay, addressed to Justice Stevens and referred to the Court, denied....
Views: 0
Sup. Ct. Minn. Certiorari denied....
Views: 1
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 1
Ct. App. Ohio, Cuyahoga County. Certiorari denied....
Views: 8
C. A. 8th Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 1
C. A. 8th Cir. Certiorari denied....
Views: 1
C. A. 5th Cir. Certiorari denied....
Views: 2
Super. Ct. N. J., App. Div. Certio-rari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 1
C. A. 1st Cir. Certiorari denied....
Views: 3
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
Super. Ct. N. J., App. Div. Certiorari denied....
Views: 1
C. A. 6th Cir. Certiorari denied....
Views: 0
App. Div., Sup. Ct. N. Y., 1st Jud. Dept. Certiorari denied....
Views: 0
C. A. 7th Cir. Cer-tiorari denied....
Views: 1
C. A. 7th Cir. Certiorari denied....
Views: 0
App. Dept., Super. Ct. Cal., County of Orange. Certio-rari denied....
Views: 1
Super. Ct. Pa. Certiorari denied....
Views: 0
C. A. 1st Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 4
C. A. 3d Cir. Certiorari denied....
Views: 1
Cir. Ct. W. Va., Fayette County. Certiorari denied....
Views: 0
Ct. Mil. App. Cer-tiorari denied....
Views: 0
Sup. Ct. Cal. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 4
C. A. 2d Cir. Certio-rari denied....
Views: 0
C. A. 2d Cir. Certio-rari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Cer-tiorari denied....
Views: 3
C. A. 9th Cir. Certiorari denied....
Views: 5
C. A. 1st Cir. Certiorari denied....
Views: 0
C. A. Fed. Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari granted....
Views: 3
Appeal from Ct. App. N. Y. Probable jurisdiction noted....
Views: 0
Ct. App. Ohio, Warren County. Cer-tiorari denied....
Views: 1
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 3
C. A. 7th Cir. Certiorari denied....
Views: 1
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 2
Sup. Ct. N. Y., Kings County. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 1
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 3
C. A. 3d Cir. Certiorari denied....
Views: 0
Sup. Ct. Colo. Certiorari denied....
Views: 0
C. A. 5th Cir. Cer-tiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
Ct. App. N. Y. Certio-rari denied....
Views: 1
Sup. Ct. Va. Certiorari denied....
Views: 1
Sup. Ct. Ga. Certiorari denied....
Views: 0
C. A. 9th Cir. Certio-rari denied....
Views: 5
Ct. App. D. C. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Cer-tiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
Ct. App. Md. Cer-tiorari denied....
Views: 0
Ct. Sp. App. Md. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
Sup. Ct. Ill. Certiorari denied....
Views: 4
App. Ct. Ill., 2d Dist. Certiorari denied....
Views: 0
C. A. 2d Cir. Cer-tiorari denied....
Views: 0
Sup. Ct. Ill. Certiorari denied....
Views: 0
Sup. Ct. Tenn. Certiorari denied....
Views: 1
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 1
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
Petitions for writs of mandamus denied....
Views: 2
Petition for writ of habeas corpus denied....
Views: 2
Petition for writ of prohibition denied....
Views: 1
474 U. S. 481. Petition for rehearing or modification of opinion denied....
Views: 0
Sup. Ct. Ga.; Ct. Crim. App. Tex.; Super. Ct. Ga., Houston County; Sup. Ct. Ga.; Sup. Ct. Fla.; Ct. Crim. App. Tenn.; and Sup. Ct. Ill. Certiorari denied. Reported below: No. 85-5375, 254 Ga. 420, 330 S. E. 2d 575; No. 85-6145, 697 S. W. 2d 404; No. 85-6259, 255 Ga. 215, 336 S. E. 2d 762; No. 85-6268, 475 So. 2d 1228; No. 85-6275, 109 Ill. 2d 19, 485 N. E. 2d 363....
Views: 6
474 U. S. 1054. Motion of petitioner for leave to proceed further herein in forma pauperis granted. Petition for rehearing denied....
Views: 0
475 U.S. 1099 106 S.Ct. 1503 89 L.Ed.2d 903 Johnny WATKINS, Jr.v.VIRGINIA. No. 85-6324 Supreme Court of the United States March 31, 1986 On petition for writ of certiorari to the Supreme Court of Virginia. The petition for a writ of certiorari is denied. Opinion of Justice STEVENS respecting the denial of the petition for certiorari. As Justice ...
Views: 7
C. A. 9th Cir. Application for stay pending appeal, addressed to Justice Powell and referred to the Court, denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 5
Dist. Ct. App. Fla., 2d Dist. Certiorari denied....
Views: 5
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 4
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 1
Appeal from Sup. Ct. Ohio dismissed for want of substantial federal question....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 8
Super. Ct. Pa. Certiorari denied....
Views: 0
C. A. 7th Cir. [Probable jurisdiction noted, 471 U. S. 1115.] Motion of appellants for leave to file a supplemental brief after argument granted....
Views: 0
Sup. Ct. Va. Certiorari denied....
Views: 0
Super. Ct. Pa. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 2
C. A. 8th Cir. Certiorari denied....
Views: 0
App. Ct. Ill., 4th Dist. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 3
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 0
Ct. App. Tex., 10th Sup. Jud. Dist. Application for recall and stay, addressed to The Chief Justice and referred to the Court, denied....
Views: 4
Ct. Mil. App. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
Dist. Ct. App. Fla., 2d Dist. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 2
C. A. 4th Cir. Certiorari denied....
Views: 5
C. A. 1st Cir. Certiorari denied....
Views: 4
Sup. Ct. Va. Certiorari denied....
Views: 0
Petition for writ of mandamus and/or prohibition denied....
Views: 2
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. Fed. Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied. Justice Blackmun dissents....
Views: 5
C. A. 9th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied....
Views: 3
Petition for writ of common-law certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 1
C. A. 9th Cir. Cer-tiorari denied....
Views: 2
C. A. 11th Cir. Certiorari denied....
Views: 0
Sup. Ct. Minn. Cer-tiorari denied....
Views: 0
Ct. App. N. Y. Certio-rari denied....
Views: 0
C. A. Fed. Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
Ct. Crim. App. Okla.; Sup. Ct. Fla.; Sup. Ct. Mo.; Sup. Ct. Ind.; Sup. Ct. Mo.; Sup. Ct. Miss.; Sup. Ct. Fla.; Sup. Ct. Miss.; and Sup. Ct. S. C. Certiorari denied. Reported below: No. 85-5053, 470 So. 2d 697; No. 85-5553, 693 S. W. 2d 79; No. 85-5651, 478 N. E. 2d *10991214; No. 85-5833, 694 S. W. 2d 729; No. 85-6168, 478 So. 2d 1043; No. 85-6228, 476 So. 2d 1253; No. 85-6342, 479 So. 2d 710....
Views: 6
Sup. Ct. Fla. Application for stay of execution of sentence of death, presented to Justice Powell, and by him referred to the Court, denied. Stay of execution heretofore granted {ante, pp. 1062 and 1092] is vacated. Certiorari denied....
Views: 3
Sup. Ct. Fla. Application for stay of execution of sentence of death, presented to Justice Powell, and by him referred to the Court, denied. Certiorari denied....
Views: 0
Motion to direct the Clerk to file a petition for writ of certiorari out of time denied....
Views: 2
Ct. Crim. App. Tex. Motion of petitioner for leave to proceed in forma pauperis and certiorari granted. Judgment vacated and case remanded for further consideration in light of Michigan v. Jackson, ante, p. 625, and Moran v. Burbine, ante, p. 412....
Views: 3
Appeals from Sup. Ct. Mich, dismissed for want of jurisdiction. Treating the papers whereon the appeals were taken as a petition for writ of certiorari, certio-rari denied. Reported below: 422 Mich. 964 (first case); 424 Mich. 855 (second case); 425 Mich. 874 (third case)....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 3
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 4
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 2
C. A. 8th Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 1
Ct. App. N. Y. Certiorari denied....
Views: 0
App. Ct. Ill., 1st Dist. Certiorari denied....
Views: 3
C. A. 3d Cir. Certiorari denied. Reported below: 778 F. 2d 963....
Views: 1
Ct. Sp. App. Md. Certiorari denied....
Views: 0
C. A. Fed. Cir. Certiorari denied. Justice White, Justice Marshall, and Justice Blackmun would grant certiorari....
Views: 5
Sup. Ct. Iowa. Certiorari denied....
Views: 5
C. A. 2d Cir. Certio-rari denied....
Views: 6
Sup. Ct. S. C. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Cer-tiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
Sup. Ct. Wis. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 4
C. A. 6th Cir. Certiorari denied....
Views: 4
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 10th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 1
C. A. 8th Cir. Certiorari denied....
Views: 0
App. Div., Sup. Ct. N. Y., 4th Jud. Dept. Certiorari denied....
Views: 0
Ct. App. D. C. Certiorari denied....
Views: 0
474 U. S. 1105. Motion for leave to file petition for rehearing denied. Justice Powell took no part in the consideration or decision of this motion....
Views: 0
Sup. Ct. Fla. The stay order granted March 18, 1986 [ante, p. 1074], is continued pending final disposition of the petition for writ of certiorari....
Views: 0
474 U. S. 1100. Motion for leave to file petition for rehearing denied....
Views: 0
Ct. Crim. App. Tex.; and Sup. Ct. Va. Certiorari denied. Reported below: No. 85-6376, 700 S. W. 2d 585; No. 85-6439, 230 Va. 322, 337 S. E. 2d 715....
Views: 1
474 U. S. 1038; ante, p. 1020; 474 U. S. 952; ante, p. 1049; ante, p. 1026; and ante, p. 1028. Petitions for rehearing denied....
Views: 0
Petition for writ of mandamus denied....
Views: 0
C. A. 2d Cir. Certiorari dismissed under this Court’s Rule 53....
Views: 0
Respondent Ronald Heller sued petitioners, city of Los Angeles and individual members of the Los Angeles Police Commission, and two Los Angeles police officers in the United States District Court for the Central District of California under the provisions of 42 U. S. C. § 1983. He claimed damages by reason of having been arrested without probable cause and having been the victim of excessive force...
Views: 0
Respondent holds three patents for plastic cable ties, products that are commercially successful. Petitioner copied respondent’s products, was sued for patent infringement in the Northern District of Illinois, and defended on the ground that the patents were invalid for obviousness. The trial *810judge examined the prior art, identified the differences between the prior art and each of the three p...
Views: 0
475 U.S. 1118 106 S.Ct. 1633 90 L.Ed.2d 179 SCHOOL BOARD OF NASSAU COUNTY, FLORIDA and Craig Marsh, Individually and as Superintendent of Schools of Nassau County, Floridav.Gene H. ARLINE. No. 85-1277 Supreme Court of the United States April 21, 1986 On petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit. The mot...
Views: 2
Appeal from Sup. Ct. App. W. Va. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
475 U.S. 1130 106 S.Ct. 1660 90 L.Ed.2d 202 Krista WILSEY, Individually and as Special Administratrix of the Estate of Lacey M. Hammel, Deceased Minorv.Charles F. EDDINGFIELD et al. No. 85-1314 Supreme Court of the United States April 21, 1986 On petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit. The petition fo...
Views: 1
Appeal from C. A. 5th Cir. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Teachers v. Hudson, ante, p. 292....
Views: 0
C. A. 3d Cir. [Certiorari granted, 474 U. S. 1049.] Motion of respondents Zimmerman and Wicker for divided argument granted. Request for additional time for oral argument denied....
Views: 0
C. A. 6th Cir. [Probable jurisdiction postponed, 474 U. S. 978.] Motion of appellees for leave to file a supplemental brief after argument granted....
Views: 0
Motions to direct the Clerk to file petitions for writs of certiorari out of time denied....
Views: 0
Appeal from Sup. Ct. Iowa dismissed for want of substantial federal question. Justice White, Justice Blackmun, and Justice Stevens would note probable jurisdiction and set case for oral argument....
Views: 2
C. A. 9th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of AT&T Technologies, Inc. v. Communications Workers, ante, p. 643....
Views: 0
Appeal from Ct. App. Tenn. The Solicitor General is invited to file a brief in this case expressing the views of the United States....
Views: 2
C. A. 9th Cir. Certiorari denied....
Views: 0
Ct. App. La., 3d Cir. Certiorari denied....
Views: 2
Sup. Ct. Ky. Certiorari denied....
Views: 4
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 5
C. A. 6th Cir. Certiorari denied....
Views: 2
C. A. D. C. Cir. Certiorari denied....
Views: 4
C. A. 4th Cir. Certiorari denied....
Views: 0
Ct. App. D. C. Certiorari denied....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 4
Sup. Ct. Wis. Certiorari denied....
Views: 0
Sup. Ct. S. D. Certiorari denied....
Views: 5
C. A. 9th Cir. Certiorari denied....
Views: 2
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 4
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. D. C. Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 1
Sup. Ct. Mont. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. Fed. Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 3
C. A. 7th Cir. Certiorari denied....
Views: 11
C. A. 11th Cir. Certiorari denied....
Views: 1
C. A. 8th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 5
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 4
C. A. 4th Cir. Certiorari denied....
Views: 2
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 2
Sup. Ct. Tenn. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
Ct. App. La., 3d Cir. Certiorari denied....
Views: 0
Ct. App. Mo., Eastern Dist. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
Dist. Ct. App. Fla., 4th Dist. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
Sup. Ct. Pa. Certiorari denied....
Views: 0
C. A. 1st Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 3
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 2
C. A. 4th Cir. Certiorari denied....
Views: 1
C. A. 11th Cir. Certiorari denied. Reported below: 777 F. 2d 644....
Views: 1
C. A. 5th Cir. Certiorari denied....
Views: 2
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied. Reported below: 768 F. 2d 790 and 777 F. 2d 345....
Views: 1
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 0
Ct. App. Cal., 2d App. Dist. Certiorari denied....
Views: 0
Ct. App. Ga. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 1
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 3
C. A. 4th Cir. Certiorari denied....
Views: 0
Sup. Ct. Mo. Certiorari granted....
Views: 2
C. A. 8th Cir. Certiorari denied....
Views: 4
C. A. 4th Cir. Certiorari denied....
Views: 2
Sup. Ct. Conn. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. Fed. Cir. Motion of petitioner for leave to proceed *1117in forma pauperis denied. Petitioner is allowed until May 12, 1986, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court....
Views: 4
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. Fed. Cir. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner is allowed until May 12, 1986, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court....
Views: 0
Appeal from D. C. E. D. Cal. Probable jurisdiction noted....
Views: 0
Appeal from Dist. Ct. App. Fla., 5th Dist. Further consideration of question of jurisdiction postponed to hearing of case on the merits....
Views: 0
Sup. Ct. Ohio. Motion of Ohio Public Defender Commission for leave to file a brief as amicus curiae granted. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari granted limited to Question IV presented by the petition....
Views: 2
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 10th Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 2
Ct. Sp. App. Md. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 7
C. A. 7th Cir. Certiorari denied....
Views: 1
C. A. 6th Cir. Certiorari denied....
Views: 3
C. A. 4th Cir. Certiorari denied....
Views: 2
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. D. C. Cir. Certiorari denied....
Views: 1
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 0
Ct. App. Cal., 1st App. Dist. Certiorari denied. Justice Marshall would grant certiorari....
Views: 4
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied. Justice White would grant certiorari....
Views: 6
C. A. 11th Cir. Certiorari denied. Justice White would grant certiorari....
Views: 3
C. A. 10th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied. Justice Brennan and Justice Marshall would grant certiorari....
Views: 1
Petitions for writs of mandamus denied....
Views: 2
Sup. Ct. Ala. Motion of petitioner to defer consideration of the petition for certiorari denied. Certiorari denied....
Views: 0
dissenting. Adhering to our views that the death penalty is in all circumstances cruel and unusual punishment prohibited by the Eighth and Fourteenth Amendments, Gregg v. Georgia, 428 U. S. 153, 227, 231 (1976), we would grant certiorari and vacate the death sentences in these cases....
Views: 0
ante, p. 1066. Petition for rehearing denied. Justice Brennan took no part in the consideration or decision of this petition....
Views: 0
ante, p. 1036. Petition for rehearing denied. Justice Powell took no part in the consideration or decision of this petition....
Views: 0
475 U.S. 1134 106 S.Ct. 1784 90 L.Ed.2d 330 Bret CLARKv.FLORIDA. No. 85-6004 Supreme Court of the United States April 28, 1986 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. Chief Justice BURGER. 1 I agree that we should dis...
Views: 0
dissenting. John Tower’s brother reported him missing on October 27, 1988; his mother told police that he had last been seen taking respondent Jay Thibodeau for a test drive in his car that he had for sale. On the morning of October 28, police officers went to the Thibodeau apartment where they spoke with respondent in the presence of his parents for about 10 minutes. Respondent told police that h...
Views: 0
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....
Views: 2
Appeal from C. A. D. C. Cir. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied....
Views: 0
C. A. 10th Cir. Certiorari granted, judgment vacated, and case remanded to the Court of Appeals to consider the question of mootness....
Views: 4
Cir. Ct., City of Chesapeake, Va. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
Ct. App. Okla. Certiorari denied....
Views: 1
474 U. S. 996; ante, p. 1002; ante, p. 1002; ante, p. 1086; ante, p. 1042; ante, p. 1044; and ante, p. 1088. Petitions for rehearing denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 2
Super. Ct. N. J., App. Div. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 1
Ct. Crim. App. Tex. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 4
C. A. 7th Cir. Certiorari denied....
Views: 0
App. Ct. Ill., 4th Dist. Certiorari denied....
Views: 0
Ct. App. Wis. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 0
Sup. Ct. Mich. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 4
C. A. 8th Cir. Certiorari denied....
Views: 7
C. A. 11th Cir. Certiorari denied. Reported below: 763 F. 2d 1401....
Views: 0
Ct. App. Wash. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 4
Ct. App. Cal., 1st App. Dist. Certiorari denied....
Views: 0
Petition for writ of mandamus and/or prohibition denied....
Views: 1
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 4th 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 Michigan v. Jackson, ante, p. 625....
Views: 2
C. A. *11395th Cir. Petition for writ of certiorari dismissed as moot....
Views: 0
Sup. Ct. Ill. Certiorari denied....
Views: 0
Petition for writ of habeas corpus denied....
Views: 5
C. A. 9th Cir. Certiorari denied....
Views: 0
Ct. App. Colo. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 1st Cir. Certiorari denied....
Views: 2
C. A. 6th Cir. Certiorari denied....
Views: 1
C. A. 4th Cir. Certiorari denied....
Views: 3
C. A. 8th Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 0
Ct. App. Ga. Certiorari denied....
Views: 2
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
Ct. Crim. App. Tenn. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied. Justice Blackmun would grant certiorari. Justice Stevens took no part in the consideration or decision of this petition....
Views: 3
C. A. Fed. Cir. Certiorari denied....
Views: 0
Sup. Ct. Pa. Certiorari denied....
Views: 0
Petitions for writs of manda- mus denied....
Views: 0
Sup. Ct. Fla. Appli*1113cation for stay of execution of sentence of death, presented to Justice Powell, and by him referred to the Court, denied. Certiorari denied....
Views: 2
Sup. Ct. Miss. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Skipper v. South Carolina, ante, p. 1....
Views: 4
Motion to direct the Clerk to file a petition for writ of certiorari which does not comply with the Rules of this Court denied....
Views: 0
Appeal from Ct. Crim. App. Tex. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied....
Views: 0
Sup. Ct. Ala. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Aetna Life Insurance Co. v. Lavoie, 475 U. S. 813 (1986)....
Views: 3
Application for bail pending appeal, addressed to Justice Stevens and referred to the Court, denied....
Views: 0
Sup. Ct. S. C. Motion of petitioner for leave to proceed in forma pauperis and certiorari granted. Judgment vacated and case remanded for further consideration in light of Skipper v. South Carolina, ante, p. 1....
Views: 5
Sup. Ct. S. C. Motion of petitioner for leave to proceed in forma pauperis and certiorari granted. Judgment vacated and case remanded for further consideration in light of Skipper v. South Carolina, ante, p. 1....
Views: 0
Sup. Ct. S. C. Motion of petitioner for leave to proceed in forma pauperis and certiorari granted. Judgment vacated and case remanded for further consideration in light of Skipper v. South Carolina, ante, p. 1....
Views: 0
Sup. Ct. Ala. Application for stay pending appeal, presented to Justice Powell, and by him referred to the Court, denied. Justice Blackmun would grant the application....
Views: 0
C. A. 2d Cir. [Certiorari granted, 474 U. S. 1100.] Motion of petitioners for divided argument denied....
Views: 2
C. A. 6th Cir. [Probable jurisdiction postponed, 474 U. S. 978.] Motion of appellants for leave to file a supplemental brief after argument granted....
Views: 0
C. A. D. C. Cir. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner is allowed until May 27, 1986, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 3
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
Petition for writ of habeas corpus denied....
Views: 3
Ct. App. Tex., 1st Sup. Jud. Dist. Certiorari denied....
Views: 1
Ct. App. Mo., Western Dist. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
App. Div., Sup. Ct. N. Y., 3d Jud. Dept. Certiorari denied....
Views: 0
Ct. App. Tex., 1st Sup. Jud. Dist. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 2
Sup. Ct. Ill. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 3
C. A. 4th Cir. Certiorari denied. Justice Blackmun took no part in the consideration or decision of this petition....
Views: 0
Sup. Ct. Nev. Certiorari denied....
Views: 0
475 U. S. 1018; 474 U. S. 1103; 474 U. S. 1104; 475 U. S. 1087; 475 U. S. 1094; and 475 U. S. 1094. Petitions for rehearing denied....
Views: 0
Sup. Ct. Ala. Certiorari denied....
Views: 0
App. Ct. Ill., 1st Dist. Certiorari denied....
Views: 0
C. A. 10th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari granted....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 3
C. A. 8th Cir. Certiorari denied....
Views: 0
Ct. App. Mo., Eastern Dist. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 0
Ct. Mil. App. Certiorari denied....
Views: 0
C. A. Fed. Cir. Certiorari denied....
Views: 0
C. A. 10th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 1
Sup. Ct. La. Certiorari denied. Justice Brennan and Justice Marshall would grant certiorari....
Views: 4
Ct. Crim. App. Tenn. Certiorari denied....
Views: 1
C. A. 3d Cir. Certiorari denied....
Views: 1
C. A. 9th Cir. Certiorari before judgment denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
Appeal from Sup. Ct. N. D. Motion of appellants to treat the jurisdictional statement as a petition for writ of certiorari granted. Certiorari denied....
Views: 0
Sup. Ct. Tex. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. Fed. Cir. Certiorari denied....
Views: 0
475 U. S. 1065. Petition for rehearing denied. Justice Brennan took no part in the consideration or decision of this petition....
Views: 6
C. A. 7th Cir. Motion of Sierra Club for leave to file a brief as amicus curiae granted. Certiorari denied....
Views: 2
Ct. App. Ariz. Certiorari denied. Justice White and Justice Powell would grant certiorari....
Views: 1
C. A. 5th Cir. Certiorari denied. Justice O’Connor took no part in the consideration or decision of this petition....
Views: 0
Sup. Ct. Fla.; Sup. Ct. Miss.; Ct. Common Pleas of York County, S. C.; Ct. Common Pleas of York County, S. C.; and Sup. Ct. Mo. Certiorari denied....
Views: 1
Applicant, the State of California, asks that I stay pending disposition of its petition for certiorari the enforcement of the judgment of the California Supreme Court, which invalidated the death sentence imposed on respondent Hamilton for the 1979 murder of a woman near San Diego. 41 Cal. 3d 408, 710 P. 2d 981 (1985). The jury was not instructed that it was required, as a matter of state law un...
Views: 2
C. A. 11th Cir. Certiorari denied....
Views: 10
476 U.S. 1126 106 S.Ct. 1995 90 L.Ed.2d 675 C.L. NORVELL, Sheriff, St. Lucie Jail et al.v.Richard MILLER. No. 85-1359 Supreme Court of the United States May 19, 1986 On petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit. The motion of respondent for leave to proceed in forma pauperis is granted. The petition for ...
Views: 5
C. A. 11th Cir. Certiorari denied....
Views: 1
Ct. App. D. C. Certiorari denied....
Views: 4
C. A. 8th Cir. Certiorari denied....
Views: 2
Sup. Ct. Tenn. Certiorari denied....
Views: 0
Appeal from Sup. Ct. R. I. dismissed for want of substantial federal question....
Views: 3
C. A. 11th Cir. Certiorari denied....
Views: 4
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Application for stay of mandate, addressed to Justice Marshall and referred to the Court, denied....
Views: 0
Appeal from D. C. D. C. Probable jurisdiction noted....
Views: 0
Super. Ct. Pa. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 10th Cir. Certiorari denied....
Views: 0
C. A. 1st Cir. Certiorari denied....
Views: 2
Sup. Ct. N. M. Certiorari denied....
Views: 2
C. A. 5th Cir. Certiorari denied....
Views: 1
Sup. Ct. Ohio. Certiorari denied....
Views: 0
Ct. App. La., 2d Cir. Certiorari denied....
Views: 0
Ct. App. N. Y. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. Fed. Cir. Certiorari denied....
Views: 0
App. Ct. Ill., 3d Dist. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 1
App. Ct. Ill., 1st Dist. Certiorari denied....
Views: 0
Ct. App. Tex., 10th Sup. Jud. Dist. Certiorari denied....
Views: 0
Ct. App. D. C. Certiorari denied....
Views: 2
C. A. 11th Cir. Certiorari denied....
Views: 1
Appeal from C. A. 2d Cir. dismissed for want of jurisdiction. Treating the *1111papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied....
Views: 0
Appeal from C. A. 5th Cir. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied....
Views: 0
Appeal from C. A. 11th Cir. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied....
Views: 1
C. A. 8th Cir. Motion of respondent for leave to proceed in forma pauperis and certiorari granted. Judgment vacated and case remanded for further consideration in *1112light of Lockhart v. McCree, ante, p. 162....
Views: 4
C. A. 8th Cir. Motion of respondents for leave to proceed informa pauperis and certiorari granted. Judgment vacated and case remanded for further consideration in light of Lockhart v. McCree, ante, p. 162....
Views: 1
C. A. 11th 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 Cabana v. Bullock, 474 U. S. 376 (1986)....
Views: 2
App. Ct. Conn. Application for stay, addressed to Justice Rehnquist and referred to the Court, denied....
Views: 1
C. A. 7th Cir. Certiorari denied....
Views: 1
Super. Ct. Pa. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 2
Appeal from Sup. Ct. Ark. Probable jurisdiction noted....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 1
C. A. 11th Cir. Certiorari granted....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
Ct. App. Cal., 1st App. Dist. Certiorari denied....
Views: 0
C. A. 9th Cir. Motion of respondent for leave to proceed in forma pauperis and certiorari granted....
Views: 0
County Court of Montgomery County, N. Y. Certiorari denied....
Views: 0
C. A. Fed. Cir. Certiorari denied....
Views: 0
Sup. Ct. Colo. Certiorari denied....
Views: 0
C. A. Fed. Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
App. Ct. Ill., 4th Dist. Certiorari denied....
Views: 5
Sup. Ct. Ore. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
Ct. App. Ohio, Summit County. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 10th Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 1
Ct. Sp. App. Md. Certiorari denied....
Views: 0
Ct. App. D. C. Certiorari denied....
Views: 0
Sup. Ct. Ore. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
Sup. Ct. Cal. Certiorari denied....
Views: 3
Petition for writ of habeas corpus denied....
Views: 0
Ct. Sp. App. Md. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 5
475 U. S. 534. Motion of Bender et al. for leave to file petition for rehearing denied. Petition for rehearing denied....
Views: 1
Sup. Ct. Cal. Certiorari denied....
Views: 1
Sup. Ct. App. W. Va. Certiorari denied....
Views: 0
Petition for writ of prohibition denied....
Views: 0
C. A. 11th Cir. Motion of respondent for leave to proceed informa pauperis granted. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
Sup. Ct. Ohio. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
Ct. Crim. App. Okla. Certiorari denied....
Views: 0
Ct. App. D. C. Certiorari denied....
Views: 3
C. A. 11th Cir. Application of Investigating Committee for order vacating stay entered by the United States Court of Appeals for the Eleventh Circuit, presented to Justice Powell, and by him referred to the Court, denied....
Views: 1
C. A. 4th Cir. Certiorari denied....
Views: 0
Petition for writ of mandamus denied....
Views: 0
C. A. 1st Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
Ct. Crim. App. Okla. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 1
C. A. 10th Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 1
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 0
App. Div., Sup. Ct. N. Y., 3d Jud. Dept. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 1
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 0
C. A. 10th Cir. Certiorari denied....
Views: 0
C. A. 10th Cir. Certiorari denied....
Views: 2
C. A. Fed. Cir. Certiorari denied....
Views: 0
Ct. App. D. C. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
Sup. Ct. La. Certiorari denied. Justice Brennan and Justice Marshall would grant certiorari....
Views: 2
took no part in the consideration or decision of this petition....
Views: 2
Sup. Ct. Fla. Application for stay of execution of sentence of death, presented to Justice Powell, and by him referred to the Court, *1131denied. Certiorari denied. Justice Blackmun would deny the state habeas petition without prejudice to the presentation of claims on federal habeas....
Views: 0
476 U.S. 1145 106 S.Ct. 2261 90 L.Ed.2d 706 Ronald S. MONROEv.Frank BLACKBURN, Warden. No. 84-6667 Supreme Court of the United States May 27, 1986 On petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit. The petition for a writ of certiorari is denied. Justice MARSHALL, with whom Justice BRENNAN joins, diss...
Views: 2
C. A. 11th Cir. The order heretofore entered staying the execution of the sentence of death until 5 p.m., May 20, 1986, is vacated. The application for stay of execution of sentence of death, presented to Justice Powell, and by him referred to the Court, is denied. Justice Stevens would grant the application for stay of execution....
Views: 0
Appeal from D. C. C. D. Cal. dismissed....
Views: 0
Appeal from Sup. Ct. Ind. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied....
Views: 0
476 U.S. 1151 106 S.Ct. 2265 90 L.Ed.2d 710 TEXAS ASSOCIATION OF CONCERNED TAXPAYERS, INC.v.UNITED STATES. No. 85-1262 Supreme Court of the United States May 27, 1986 On petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit. The petition for a writ of certiorari is denied. Justice WHITE, with whom Justice BR...
Views: 2
476 U.S. 1152 106 S.Ct. 2266 90 L.Ed.2d 711 Rudy J. RAMIREZv.CALIFORNIA. No. 85-1321 Supreme Court of the United States May 27, 1986 On petition for writ of certiorari to the Supreme Court of California. The petition for a writ of certiorari is denied. Justice WHITE, with whom Justice BRENNAN and Justice POWELL join, dissenting. ...
Views: 2
Sup. Ct. Pa. Certiorari denied....
Views: 5
C. A. 3d Cir. Certiorari denied....
Views: 1
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 4
C. A. 11th Cir. Certiorari denied....
Views: 2
Sup. Ct. Mo. Certiorari denied....
Views: 1
Sup. Ct. N. M. Certiorari denied....
Views: 3
C. A. 6th Cir. Certiorari denied....
Views: 4
C. A. 2d Cir. Certiorari denied....
Views: 0
Ct. App. Tex., 1st Sup. Jud. Dist. Certiorari denied....
Views: 3
Ct. Mil. App. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 1
C. A. D. C. Cir. Certiorari denied....
Views: 0
Ct. Crim. App. Tex. Certiorari denied....
Views: 0
Ct. App. D. C. Certiorari denied....
Views: 0
C. A. 3d Cir. [Certiorari granted, 474 U. S. 1049.] Judgment vacated and case remanded to the Court of Appeals to consider whether the case is moot....
Views: 3
C. A. 10th Cir. Certiorari denied....
Views: 3
C. A. 5th Cir. Certiorari denied....
Views: 0
App. Ct. Ill., 2d Dist. Certiorari denied....
Views: 0
Sup. Ct. Ill. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
Sup. Ct. Wash. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 2
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 2
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 1st Cir. Certiorari denied....
Views: 0
475 U. S. 557. Motion of appellee to retax costs denied. Justice Blackmun would grant this motion....
Views: 0
C. A. 8th Cir. Certiorari granted....
Views: 2
C. A. 11th Cir.; and C. A. 9th Cir. The Solicitor General is invited to file briefs in these cases expressing the views of the United States....
Views: 4
C. A. Fed. Cir. Certiorari denied....
Views: 0
C. A. D. C. Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 4
C. A. 6th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Wygant v. Jackson Board of Education, ante, p. 267....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 1st Cir. Certiorari granted, judgment vacated, and cases remanded for further consideration in light of Henderson v. United States, ante, p. 321. Justice Stevens would deny the petitions for writs of certiorari....
Views: 3
C. A. 4th 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 Henderson v. United States, ante, p. 321. Justice Stevens would deny the petition for writ of certiorari....
Views: 0
C. A. 4th Cir. Certiorari granted limited to Question 1 presented by the petition....
Views: 0
Sup. Ct. Ky. Motion of petitioner for leave to proceed in forma pauperis and certiorari granted....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
Sup. Jud. Ct. Me. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied. Justice White took no part in the consideration or decision of this petition....
Views: 3
Petition for writ of mandamus denied....
Views: 0
C. A. 11th Cir. Petition for writ of certiorari dismissed as moot....
Views: 0
Appeal from C. A. 3d Cir. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied....
Views: 0
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 certiorari, certiorari denied....
Views: 0
Appeal from Sup. Ct. R. I. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied....
Views: 0
Appeal from Sup. Ct. S. D. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied....
Views: 0
Appeal from Sup. Ct. Nev. dismissed for want of substantial federal question....
Views: 0
Appeal from Sup. Jud. Ct. Mass, dismissed for want of substantial federal question....
Views: 0
Motion to direct the Clerk to file the petition for writ of certiorari out of time denied....
Views: 0
Appeal from Cir. Ct. W. Va., Kanawha County, dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied....
Views: 0
Ct. App. Mich. Certiorari denied....
Views: 1
C. A. Fed. Cir. Certiorari denied....
Views: 2
C. A. 9th Cir. Certiorari denied....
Views: 6
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 2
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
Super. Ct. N. J., App. Div. Certiorari denied....
Views: 4
Sup. Ct. N. M. Certiorari denied....
Views: 3
C. A. 9th Cir. Certiorari denied....
Views: 0
475 U. S. 1042. Motion for reconsideration of order of Court entered March 3, 1986, denied....
Views: 0
Ct. App. N. Y. [Probable jurisdiction noted, 475 U. S. 1080.] Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted....
Views: 0
C. A. 3d Cir. Certiorari granted....
Views: 0
Ct. App. N. Y.; Ct. Mil. App.; and C. A. D. C. Cir. Motions of petitioners for leave to proceed in forma pauperis denied. Petitioners are allowed until June 23, 1986, within which to pay the docketing fee required by Rule 45(a) and to submit petitions in compliance with Rule 33 of the Rules of this Court....
Views: 0
Petition for writ of mandamus denied....
Views: 14
C. A. 9th Cir. Certiorari granted limited to Question 1 presented by the petition....
Views: 5
C. A. 11th Cir. Certiorari denied....
Views: 1
C. A. 2d Cir. Certiorari denied....
Views: 3
C. A. Fed. Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 0
App. Ct. Ill., 2d Dist. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 1st Cir. Certiorari denied....
Views: 1
C. A. 7th Cir. Certiorari denied....
Views: 2
Ct. App. N. Y. Certiorari denied....
Views: 8
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 1st Cir. Certiorari denied....
Views: 4
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 1
C. A. 2d Cir. Certiorari denied....
Views: 0
Sup. Ct. Neb. Certiorari denied....
Views: 2
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari before judgment denied....
Views: 0
Sup. Ct. Cal. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari granted limited to Question 1 presented by the petition....
Views: 2
Sup. Ct. Ky. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari is granted limited to the following question: “In cases pending on direct appeal, should the holding in Batson v. Kentucky, ante, p. 79, be given retroactive effect?” Case is set for oral argument in tandem with No. 85-5731, Brown v. United States, immediately infra....
Views: 1
C. A. 9th Cir. Certiorari denied....
Views: 2
Ct. App. Ky. Certiorari denied....
Views: 0
Sup. Ct. Ala. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 1
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 1
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
Ct. App. Mich. Certiorari denied....
Views: 0
Ct. App. D. C. Certiorari denied....
Views: 0
C. A. 10th Cir. Certiorari denied....
Views: 0
475 U. S. 1027. Motion for leave to file petition for rehearing denied....
Views: 4
475 U. S. 1114; 475 U. S. 1134; and 475 U. S. 1128. Petitions for rehearing denied....
Views: 0
C. A. 11th Cir. Certiorari denied. Justice Marshall would grant certiorari....
Views: 2
*1164C. A. 5th Cir.; Sup. Ct. Tenn.; Sup. Ct. Miss.; C. A. 11th Cir.; Ct. Crim. App. Okla.; *1165No. 85-5736. No. 85-5852. No. 85-6676. No. 85-6692. Super. Ct. N. C., Lee County; Sup. Ct. Mo.; Sup. Ct. 111.; and Sup. Ct. N. C. Certiorari denied....
Views: 0
Appeal from D. C. S. D. 111. dismissed for want of jurisdiction....
Views: 0
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
Appeal from Sup. Ct. Vt. dismissed for want of a properly presented federal question....
Views: 0
Appeal from Pa. Commw. Ct. dismissed for want of substantial federal question....
Views: 0
476 U.S. 1176 106 S.Ct. 2904 90 L.Ed.2d 990 Alvin R. MOORE, Jr.v.Frank BLACKBURN, Warden. No. 85-5555 Supreme Court of the United States June 9, 1986 On petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit. The petition for a writ of certiorari is denied. Justice MARSHALL, with whom Justice BRENNAN joins, dissent...
Views: 2
Appeal from Sup. Ct. R. I. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Bowen v. City of New York, ante, p. 467....
Views: 3
App. Ct. Ill., 1st Dist. Motion of petitioner Norman Bonds for leave to proceed in forma pauperis granted. The petition for writ of certiorari as to Norman Bonds is granted, the judgment is vacated, and the case is remanded for further consideration in light of Lee v. Illinois, ante, p. 530. The petition for writ of certiorari as to Sammy Gibson is denied....
Views: 2
C. A. 8th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 2
Ct. App. Tex., 14th Sup. Jud. Dist. Application for stay, addressed to The Chief Justice and referred to the Court, denied....
Views: 0
Ct. App. N. Y. Certiorari denied....
Views: 5
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 2
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 3
C. A. 8th Cir. Certiorari denied....
Views: 2
C. A. 2d Cir. Certiorari denied....
Views: 0
Sup. Ct. Tenn. Certiorari denied....
Views: 0
C. A. 1st Cir. Certiorari denied....
Views: 3
C. A. 8th Cir. Certiorari denied....
Views: 0
Sup. Ct. S. D. Certiorari denied....
Views: 3
C. A. Fed. Cir. Certiorari denied....
Views: 2
C. A. 9th Cir. Certiorari denied....
Views: 0
Sup. Ct. N. J. Certiorari denied....
Views: 0
Ct. Mil. App. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 3
Ct. App. Mo., Eastern Dist. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 10th Cir. Certiorari denied....
Views: 0
C. A. Fed. Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
Sup. Ct. Mich. Certiorari denied....
Views: 1
C. A. 10th Cir. Certiorari denied....
Views: 1
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 2
Ct. App. N. Y. Motion of petitioner for leave to proceed informa pauperis and certiorari granted....
Views: 4
C. A. 9th Cir. Certiorari denied....
Views: 1
Cir. Ct. Prince William County, Va. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
Ct. Crim. App. Okla. Certiorari denied....
Views: 0
C. A. 1st Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied. Justice Brennan, Justice White, and Justice Marshall would grant certiorari....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 2
C. A. 10th Cir. Certiorari denied....
Views: 0
Ct. App. N. Y. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 2
C. A. 5th Cir. The order entered April 21, 1986, granting the petition for writ of certiorari is vacated....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Application for stay, addressed to Justice Brennan and referred to the Court, denied....
Views: 0
dissenting. For the reasons expressed in Brown v. Herald Co., 464 U. S. 928 (1983), we would deny the petition for writ of certiorari without reaching the merits of the motion to proceed in forma pauperis....
Views: 0
Ct. App. Tex., 1st Sup. Jud. Dist. Certiorari denied....
Views: 0
C. A. 11th Cir. Mo*1169tion of petitioner for leave to proceed in forma pauperis granted. Certiorari granted limited to Questions I, II, and IV presented by the petition....
Views: 3
C. A. 4th Cir. Certiorari denied....
Views: 1
475 U. S. 1025. Motion for leave to file petition for rehearing denied....
Views: 3
Sup. Ct. Ohio; C. A. 5th Cir.; Sup. Ct. Ky.; Sup. Ct. La.; Sup. Ct. Mo.; Sup. Ct. Mo.; Sup. Ct. Fla.; C. A. 5th Cir.; Sup. Ct. Fla.; Sup. Ct. Fla.; and Sup. Ct. Miss. Certiorari denied....
Views: 1
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 1
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 7
C. A. 9th Cir. Certiorari denied....
Views: 2
Cir. Ct. Powhatan County, Va. Certiorari denied....
Views: 4
C. A. 10th Cir. Certiorari denied....
Views: 1
C. A. 2d Cir. Certiorari denied....
Views: 3
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 2
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari granted....
Views: 5
Appeal from Sup. Ct. Va. dismissed for want of substantial federal question....
Views: 2
Ct. Mil. App. Certiorari granted....
Views: 0
Appeal from Sup. Ct. Ill. dismissed for want of substantial federal question. Justice Brennan would note probable jurisdiction and set case for oral argument. Justice White took no part in the consideration or decision of this case....
Views: 2
C. A. 11th Cir. Certiorari denied....
Views: 4
C. A. 10th Cir. Certiorari denied....
Views: 0
C. A. Fed. Cir. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner is allowed until July 7, 1986, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 10th Cir. Certiorari denied....
Views: 1
Ct. App. N. M. Certiorari denied....
Views: 0
App. Ct. Ill., 1st Dist. Certiorari denied....
Views: 1
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 2
C. A. D. C. Cir. Certiorari denied....
Views: 1
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 2
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 2
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. Fed. Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 2
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied. Justice White would grant certiorari....
Views: 1
C. A. 5th Cir. Certiorari denied....
Views: 2
Fam. Ct. of Darlington County, S. C. Certiorari denied....
Views: 0
C. A. 4th Cir. Application for an injunction, presented to The Chief Justice, and by him referred to the Court, denied. Justice Marshall and Justice Black-mun would grant the application. Justice Stevens would expedite consideration of the petition for writ of certiorari and postpone action on the application pending such consideration....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 5
C. A. 2d Cir. Certiorari denied....
Views: 6
Motion to direct the Clerk to file a petition for writ of certiorari out of time denied....
Views: 0
Appeal from Ct. App. Tex., 10th Sup. Jud. Dist., dismissed for want of substantial federal question. Justice White would postpone further consideration of question of jurisdiction to a hearing of the case on the merits....
Views: 1
C. A. 7th Cir. Certiorari denied....
Views: 1
C. A. 9th Cir. Certiorari denied....
Views: 0
Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit....
Views: 3
C. A. 6th Cir. Certiorari denied....
Views: 0
Sup. Ct. Pa. Application for stay of execution of sentence of death, presented to Justice Brennan, and by him referred to the Court, is granted pending the disposition of the petition for writ of certiorari....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 2
D. C. N. J. [Probable jurisdiction noted, 474 U. S. 943.] Motion of the Solicitor General for leave to file a supplemental brief after argument granted....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 1
Ct. App. Kan. Certiorari denied....
Views: 0
Dist. Ct. App. Fla., 1st Dist. Certiorari denied....
Views: 0
C. A. Fed. Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 1
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 3
C. A. 7th Cir. Certiorari denied....
Views: 0
Ct. App. N. Y. Certiorari denied....
Views: 0
Petition for writ of mandamus denied....
Views: 4
Petition for writ of mandamus and/or prohibition denied....
Views: 4
Ct. Crim. App. Tex.; and Sup. Ct. Ind. Certiorari denied....
Views: 0
C. A. 2d Cir. Motions of Inter-American Freight Conference, Star Shipping A/S, and American President Lines, Ltd., for leave to file briefs as amici curiae granted. Certiorari denied. Justice White would grant certiorari....
Views: 1
Ct. App. D. C. Certiorari denied....
Views: 5
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 5
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 2
Ct. App. Md. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 1st Cir. Certio-rari denied....
Views: 5
C. A. 9th Cir. Certiorari denied....
Views: 5
C. A. 4th Cir. Certiorari denied....
Views: 1
C. A. 4th Cir. Motion of respondents Reed et al. for leave to proceed in forma pauperis granted. Certiorari granted....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 2
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 2
Sup. Ct. Pa. Certiorari denied....
Views: 1
C. A. 4th Cir. Certiorari denied....
Views: 5
Ct. App. Cal., 4th App. Dist. Certiorari denied....
Views: 2
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 1
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 1
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. Fed. Cir. Certiorari denied....
Views: 5
C. A. Fed. Cir. Certiorari denied....
Views: 3
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 2
Ct. App. Cal., 4th App. Dist. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
Ct. App. Ohio, Cuyahoga County. Certiorari denied....
Views: 0
Affirmed on appeal from D. C. E. D. N. C....
Views: 3
Appeal from Ct. App. Ohio, Miami County, dismissed for want of substantial federal question....
Views: 6
Appeal from Ct. App. Mich, dismissed for want of substantial federal question....
Views: 0
C. A. 2d Cir. Motion of petitioner in No. 85-6207 for leave to proceed informa pauperis granted. Certio-rari granted, cases consolidated, and a total of one hour allotted for oral argument. Reported below: 780 F. 2d 179....
Views: 0
C. A. 6th Cir. Application for an injunction, addressed to The Chief Justice and referred to the Court, denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Cer-tiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 1
C. A. 5th Cir. Cer-tiorari denied....
Views: 4
C. A. 2d Cir. Certiorari denied....
Views: 1
Ct. App. Cal., 4th App. Dist. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 9
Ct. Sp. App. Md. Cer-tiorari denied....
Views: 1
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 1
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Motion of American Intellectual Property Law Association for leave to file a brief as amicus curiae granted. Certiorari denied....
Views: 7
C. A. 7th Cir. Certiorari denied....
Views: 0
475 U. S. 1Í43; 476 U. S. 1107; 476 U. S. 1111; 476 U. S. 1122; and 476 U. S. 1113. Petitions for rehearing denied....
Views: 0
Petition for writ of mandamus denied....
Views: 14
C. A. 1st Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied. Justice White would grant certiorari....
Views: 0
C. A. 7th Cir. Certiorari denied. Justice White would grant certio-rari limited to Question II presented by the petition....
Views: 0
476 U. S. 1101; 476 U. S. 1104; 475 U. S. 1036; 476 U. S. 1108; and 475 U. S. 1140. Petitions for rehearing denied....
Views: 0
In 1978, petitioner Earl Allen, a black man, was indicted for murdering his girlfriend and her brother. During selection of the petit jurors at petitioner’s trial, the prosecutor exercised 9 of the State’s 17 peremptory challenges to strike 7 black and 2 Hispanic veniremen. Defense counsel moved to discharge the jury on the ground that the “ ‘State’s use of peremptory challenges undercut [petition...
Views: 0
478 U.S. 1011 106 S.Ct. 3311 92 L.Ed.2d 724 KANSAS GAS AND ELECTRIC COMPANYv.William E. BROCK, Secretary of Labor and James E. Wells, Jr. No. 85-1403 Supreme Court of the United States June 30, 1986 On petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit. The petition for a writ of certiorari is denied. Justice ...
Views: 7
C. A. 2d Cir. Certio-rari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 3
App. Ct. Conn. Certiorari denied....
Views: 4
Dist. Ct. App. Fla., 2d Dist. Certiorari denied....
Views: 0
Sup. Ct. Ohio. Certiorari denied....
Views: 1
Sup. Ct. Okla. Certiorari denied....
Views: 1
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 4
Ct. App. Cal., 1st App. Dist. Certiorari denied....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Cer-tiorari granted....
Views: 6
C. A. 5th Cir. Certiorari granted....
Views: 1
C. A. 7th Cir. Certiorari denied....
Views: 2
Sup. Ct. Tex. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
Ct. App. Cal., 2d App. Dist. Certiorari denied....
Views: 2
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 2
C. A. 6th Cir. Certiorari before judgment denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 0
Ct. App. Tex., 10th Sup. Jud. Dist. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. D. C. Cir. Certiorari denied....
Views: 0
C. A. Fed. Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certio-rari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 1
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 1
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 1st Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Allen v. Hardy, ante, p. 255, and Batson v. Kentucky, 476 U. S. 79 (1986)....
Views: 4
Sup. Ct. Wash.; and C. A. 10th Cir. The Solicitor General is invited to file briefs in these cases expressing the views of the United States....
Views: 0
Appeal from Ct. App. Tenn. Probable jurisdiction noted....
Views: 0
C. A. 8th Cir. Certiorari granted....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 0
Sup. Ct. Ill. Certiorari denied....
Views: 0
C. A. 1st Cir. Cer-tiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certio-rari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 2
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied. Justice Marshall would grant certiorari....
Views: 5
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied. Justice Marshall would grant certiorari....
Views: 1
476 U. S. 1124. Petition for rehearing denied. Justice Blackmun took no part in the consideration or decision of this petition....
Views: 4
Petitions for writs of mandamus denied....
Views: 8
C. A. 11th Cir. Certiorari denied....
Views: 0
Sup. Ct. Cal. Certiorari denied....
Views: 0
Petition for writ of mandamus and/or petition for writ of certiorari denied. C. A. 9th Cir....
Views: 0
C. A. 5th Cir. Certiorari denied. Reported below: 784 F. 2d 1111....
Views: 0
C. A. 4th Cir. Cer-tiorari denied....
Views: 1
C. A. 7th Cir. Certiorari denied....
Views: 0
C. A. 10th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Motion of respondents to strike petition as frivolous denied. Certiorari denied....
Views: 0
476 U. S. 267; 476 U. S. 207; 476 U. S. 1123; 476 U. S. 1110; 476 U. S. 1164; 476 U. S. 1130; 476 U. S. 1164; 476 U. S. 1118; 476 U. S. 1120; 476 U. S. 1109; 476 U. S. 1120; 476 U. S. 1120; 476 U. S. 1121; 476 U. S. 1121; 476 U. S. 1143; 476 U. S. 1143; 476 U. S. 1143; 476 U. S. 1143; 476 U. S. 1173; and 476 U. S. 1139. Petitions for rehearing denied....
Views: 6
Petition for writ of mandamus and/or prohibition denied....
Views: 1
C. A. 1st Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Motion of respondent International Paper Co. for award of damages denied. Certiorari denied....
Views: 0
C. A. D. C. Cir. Motion of Christie Institute for leave to file a brief as amicus curiae granted. Certiorari denied....
Views: 3
478 U.S. 1023 106 S.Ct. 3315 92 L.Ed.2d 745 John Norman HUFFINGTONv.MARYLAND. No. 85-6648 Supreme Court of the United States July 7, 1986 On petition for writ of certiorari to the Court of Appeals of Maryland. The petition for a writ of certiorari is denied. Justice BRENNAN, dissenting. 1 Adhering to my view that the death penalt...
Views: 8
Appeal from Sup. Ct. Minn, dismissed for want of jurisdiction....
Views: 0
Appeal from Ct. App. N. Y. dismissed for want of substantial federal question. Justice Stevens would vacate the judgment and remand the case for further consideration in light of Davis v. Bandemer, ante, p. 109....
Views: 0
Affirmed on appeal from D. C. D. C....
Views: 4
Sup. Ct. Nev. Application for stay, addressed to Justice Brennan and referred to the Court, denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 4
C. A. 4th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Thornburg v. Gingles, ante, p. 30....
Views: 10
C. A. 11th Cir. Motion of respondent for leave to proceed in forma pauperis and certiorari granted. Judgment vacated and case remanded for further consideration in light of Rose v. Clark, ante, p. 570....
Views: 11
C. A. 6th Cir. Certiorari denied....
Views: 9
C. A. 2d Cir. Certiorari denied....
Views: 2
C. A. 6th Cir. Certiorari denied....
Views: 6
Ct. App. Cal., 1st App. Dist. Certiorari denied....
Views: 0
C. A. 6th Cir. Motion of respondent for leave to proceed in forma pauperis and certiorari granted. Judgment vacated and case remanded for further consideration in light of Rose v. Clark, ante, p. 570....
Views: 0
C. A. 3d Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Riverside v. Rivera, 477 U. S. 561 (1986)....
Views: 3
C. A. D. C. Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Library of Congress v. Shaw, ante, p. 310....
Views: 1
C. A. 2d Cir. Certio-rari granted, judgment vacated, and case remanded for further consideration in light of Randall v. Loftsgaarden, ante, p. 647, and Sedima, S. P. R. L. v. Imrex Co., 473 U. S. 479 (1985)....
Views: 2
C. A. 4th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Wygant v. Jackson Board of Education, 476 U. S. 267 (1986)....
Views: 2
C. A. 4th Cir. Motions of William G. Hyman for leave to proceed informa pau-peris granted. Certiorari granted, judgment vacated, and cases *1017remanded for further consideration in light of Rose v. Clark, ante, p. 570, and Cabana v. Bullock, 474 U. S. 376 (1986). Reported below: 777 F. 2d 938....
Views: 7
C. A. 7th Cir. Motion of respondent for leave to proceed in forma pauperis and certiorari granted. Judgment vacated and case remanded for further consideration in light of Murray v. Carrier, 477 U. S. 478 (1986)....
Views: 5
Sup. Ct. Cal. Motion of respondent for leave to proceed in forma pauperis and certiorari granted. Judgment vacated and case remanded for further consideration in light of Rose v. Clark, ante, p. 570....
Views: 2
C. A. 9th Cir. Certiorari granted....
Views: 7
C. A. 11th Cir. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari granted limited to Questions 1, 2, 3, 4, and 5 presented by the petition....
Views: 1
Sup. Ct. N. M. Certiorari denied....
Views: 2
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 2
C. A. 11th Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 4
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied. Reported below: 779 F. 2d 881....
Views: 0
C. A. 6th Cir. Cer-tiorari denied....
Views: 1
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied. Reported below: 764 F. 2d 711....
Views: 0
C. A. 1st Cir. Cer-tiorari denied....
Views: 1
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. D. C. Cir. Certiorari before judgment denied....
Views: 0
Ct. App. Cal., 2d App. Dist. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 11th Cir. Certiorari denied....
Views: 7
C. A. 11th Cir. Certiorari denied. Justice Marshall would grant certiorari....
Views: 1
C. A. 1st Cir. Motion of Phil Caruso for leave to file a brief as amicus curiae out of time denied. Certiorari denied. Justice White would grant certiorari....
Views: 0
C. A. 2d Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Randall v. Loftsgaarden, ante, p. 647....
Views: 2
C. A. 11th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Rose v. Clark, ante, p. 570....
Views: 1
C. A. 8th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Rose v. Clark, ante, p. 570....
Views: 2
C. A. 11th Cir. Motion of respondent for leave to proceed in forma pauperis and certiorari granted. Judgment vacated and case remanded for further consideration in light of Rose v. Clark, ante, p. 570....
Views: 1
C. A. 11th 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 Rose v. Clark, ante, p. 570, and Francis v. Franklin, 471 U. S. 307 (1985)....
Views: 0
C. A. 7th Cir. Motion of petitioner for leave to proceed informa pauperis and certiorari granted. Judgment vacated and case remanded for further consideration in light of University of Tennessee v. Elliott, ante, p. 788....
Views: 0
It is ordered that the Honorable Wade H. McCree, Jr., of Ann Arbor, Mich., be appointed Special Master in this case with authority to fix the time and conditions for the filing of additional pleadings and to direct subsequent proceedings, and the authority to summon witnesses, issue subpoenas, and take such evidence as may be introduced and such as he may deem necessary to call for. The Master is ...
Views: 0
Sup. Ct. Mich. [Certio-rari granted, 475 U. S. 1094.] The order entered March 31, 1986, granting the petition for writ of certiorari is vacated. The petition for writ of certiorari is dismissed as moot....
Views: 1
C. A. 11th Cir. Certiorari granted limited to Question 3 presented by the petition....
Views: 2
C. A. 3d Cir. [Certio-rari granted, 474 U. S. 815.] Case restored to the calendar for reargument insofar as it poses the issue whether a presumptively reasonable attorney’s fee award under § 304(d) of the Clean Air Act, 42 U. S. C. § 7604(d), may be “multiplied” or otherwise enhanced to reflect the risk that plaintiffs might not have prevailed and, therefore, might have obtained from defendants no...
Views: 9
Sup. Ct. Pa. [Certiorari granted, 476 U. S. 1139.] Motion of respondent for leave to proceed further herein informa pauperis denied. John H. Corbett, Jr., Esquire, of Pittsburgh, Pa., a member of the Bar of this Court, is invited to brief and argue this case as amicus curiae in support of the judgment below....
Views: 0
C. A. 7th Cir. Cer-tiorari denied. Justice Marshall would grant certiorari....
Views: 0
C. A. 5th Cir. Certiorari denied. Justice Marshall would grant certiorari. Reported below: 769 F. 2d 289 and 774 F. 2d 1285....
Views: 0
C. A. 7th Cir. Certiorari denied. Justice Marshall would grant certiorari....
Views: 6
C. A. 9th Cir. Certiorari denied. Justice Marshall would grant certiorari....
Views: 4
Sup. Ct. La. Cer-tiorari denied. Justice Marshall would grant certiorari....
Views: 4
C. A. 5th Cir. Motion of Keene Corp. for leave to file a brief as amicus curiae granted. Certiorari denied....
Views: 0
Sup. Ct. Del.; C. A. 11th Cir.; Ct. Common Pleas S. C., Berkeley County; Sup. Ct. Ill.; Sup. Ct. Ga.; and C. A. 4th Cir. Cer-tiorari denied. Reported below: No. 85-5451, 496 A. 2d 997; No. 85-6447, 776 F. 2d 1487; No. 85-6748, 109 Ill. 2d 391, *1023488 N. E. 2d 255; No. 85-6818, 255 Ga. 380, 338 S. E. 2d 669; No. 85-6834, 783 F. 2d 401....
Views: 0
476 U. S. 1154; 476 U. S. 1153; 476 U. S. 1153; 476 U. S. 1164; 476 U. S. 1165; 476 U. S. 1156; 476 U. S. 1143; 476 U. S. 1173; and 476 U. S. 1184. Petitions for rehearing denied....
Views: 4
delivered the opinion of the Court. The question presented is whether a United States district court may compel the United States Marshals Service to transport state prisoners to the federal courthouse to testify in an action brought under 42 U. S. C. § 1983 by a state prisoner against county officials. I — hH Finally, the Commonwealth argues that the All Writs Act, 28 U. S. C. § 1651,6 confers a...
Views: 0
474 U.S. 52 (1985) HILL v. LOCKHART, DIRECTOR, ARKANSAS DEPARTMENT OF CORRECTION No. 84-1103. Supreme Court of United States. Argued October 7, 1985 Decided November 18, 1985 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT *53 Jack T. Lassiter, by appointment of the Court, 471 U. S. 1064, argued the cause and filed a brief for petitioner. John Steven Clark, Attorney Genera...
Views: 56
474 U.S. 82 (1985) HEATH v. ALABAMA No. 84-5555. Supreme Court of United States. Argued October 9, 1985 Decided December 3, 1985 CERTIORARI TO THE SUPREME COURT OF ALABAMA *83 Ronald J. Allen argued the cause and filed briefs for petitioner. William D. Little, Assistant Attorney General of Alabama, argued the cause for respondent. With him on the brief was Charles A. Graddick, Attorney General. J...
Views: 24
delivered the opinion of the Court. Under 28 U. S. C. § 2254(d), state-court findings of fact “shall be presumed to be correct” in a federal habeas corpus proceeding unless one of eight enumerated exceptions applies.1 The question presented is whether the voluntariness *106of a confession is an issue of fact entitled to the § 2254(d) presumption. I On the morning of August 13, 1973, a stranger app...
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The motion of the parties requesting the Court to decide the questions presented in the petition for writ of certiorari despite complete settlement of the underlying causes of action is denied. See DeFunis v. Odegaard, 416 U. S. 312 (1974). The judgment of the United States Court of Appeals for the Sixth Circuit is vacated, and the case is remanded to the United States District Court for th...
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delivered the opinion of the Court. This case presents the question whether the Clean Water Act (CWA), 33 U. S. C. §1251 et seq., together with certain regulations promulgated under its authority by the Army Corps of Engineers, authorizes the Corps to require landowners to obtain permits from the Corps before discharging fill material into wetlands adjacent to navigable bodies o...
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delivered the opinion of the Court. The question presented in this case is whether respondent’s Sixth Amendment right to the assistance of counsel was violated by the admission at trial of incriminating statements made by him to his codefendant, a secret government informant, after indictment and at a meeting of the two to plan defense strategy for the upcoming trial. I On the night of January 15,...
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delivered the opinion of the Court. This case presents the issue whether members of a federal prison’s Institution Discipline Committee, who hear cases in which inmates are charged with rules infractions, are entitled to absolute, as distinguished from qualified, immunity from personal damages liability for actions violative of the United States Constitution. I Respondents David Saxner and Alfred ...
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The judgment is affirmed by an equally divided Court. Justice Brennan took no part in the decision of this case. ...
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delivered the opinion of the Court. Respondent Scott Ewing was dismissed from the University of Michigan after failing an important written examination. The question presented is whether the University’s action deprived Ewing of property without due process of law because its refusal to allow him to retake the examination was an arbitrary departure from the University’s past practice. The Court of...
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delivered the opinion of the Court. We granted certiorari to resolve a conflict in the Circuits1 as to whether (a) the Speedy Trial Act of 1974, 18 U. S. C. § 3161 et seq., as amended, prohibits commencement of a trial less than 30 days after arraignment on a superseding indictment; and (b) assuming a violation of the Speedy Trial Act in this case, was that error harmless? I On December 7, 1981, r...
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delivered the opinion of the Court. We must decide in this case whether a 36-day delay by the United States Customs Service in responding to a remission petition filed by respondent in response to the seizure of his car by customs agents deprived respondent of property without due process of law. I Title 19 U. S. C. § 14971 provides that any article not declared upon entry into the United States w...
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474 U.S. 254 (1986) VASQUEZ, WARDEN v. HILLERY No. 84-836. Supreme Court of United States. Argued October 15, 1985 Decided January 14, 1986 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT *255 William George Prahl, Supervising Deputy Attorney General of California, argued the cause for petitioner. With him on the brief was John K. Van de Kamp, Attorney General. Clifford Ear...
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with whom The Chief Justice joins, concurring in the result. I agree with the Court that our opinion in Doyle v. Ohio, 426 U. S. 610 (1976), shields from comment by a prosecutor a defendant’s silence after receiving Miranda warnings, even though the comment be addressed to the defendant’s claim of insanity. I write separately, however, to point out that it does not follow from this that the Court ...
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474 U.S. 327 (1986) DANIELS v. WILLIAMS No. 84-5872. Supreme Court of United States. Argued November 6, 1985 Decided January 21, 1986 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT *328 Stephen Allan Saltzburg argued the cause and filed briefs for petitioner. James Walter Hopper argued the cause and filed a brief for respondent. JUSTICE REHNQUIST delivered the opinion of ...
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474 U.S. 344 (1986) DAVIDSON v. CANNON ET AL. No. 84-6470. Supreme Court of United States. Argued November 6, 1985 Decided January 21, 1986 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT James Douglas Crawford argued the cause and filed a brief for petitioner. Madeleine Waters Mansier, Deputy Attorney General of New Jersey, argued the cause for respondents. With her on *34...
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delivered the opinion of the Court. We granted certiorari to decide whether the Federal Reserve Board acted within its statutory authority in defining “banks” under §2(c) of the Bank Holding Company Act of 1956, 12 U. S. C. §1841 et seq., as any institution that (1) accepts deposits that “as a matter of practice” are payable on demand and (2) engages in the business of making “a...
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474 U.S. 376 (1986) CABANA, SUPERINTENDENT, MISSISSIPPI STATE PENITENTIARY, ET AL. v. BULLOCK No. 84-1236. Supreme Court of United States. Argued November 5, 1985 Decided January 22, 1986 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT *378 Marvin L. White, Jr., Special Assistant Attorney General of Mississippi, argued the cause for petitioners. With him on the brief were E...
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delivered the opinion of the Court. The Full Faith and Credit Act, 28 U. S. C. § 1738, requires federal courts as well as state courts to give state judicial proceedings “the same full faith and credit... as they have by law or usage in the courts of such State . . . from which they are taken.” The Anti-Injunction Act, 28 U. S. C. § 2283, generally prohibits a federal court from granting a...
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dissenting. The Court concedes that federal prosecutors violated Rule 6(d) of the Federal Rules of Criminal Procedure in presenting their case against defendants Mechanik and Lili to the grand jury. The Court holds, however, that because defendants were ultimately convicted of some of the counts against them, “any error in the grand jury proceeding connected with the charging decision was harmless...
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delivered the opinion of the Court. The question now before the Court is whether Nantucket Sound qualifies as “internal waters” of the Commonwealth of Massachusetts rather than partly territorial sea and partly high seas as the United States contends. We agree with the Special Master’s conclusion that the Commonwealth’s claim should be rejected. I Pursuant to an earlier decree of...
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475 U.S. 106 (1986) NEW YORK v. CLASS No. 84-1181. Supreme Court of United States. Argued November 4, 1985 Decided February 25, 1986 CERTIORARI TO THE COURT OF APPEALS OF NEW YORK *107 Steven R. Kartagener argued the cause for petitioner. With him on the briefs was Mario Merola. Marc C. Cogan argued the cause pro hac vice for respondent. With him on the brief was William E. Hellerstein.[*] JUSTIC...
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475 U.S. 134 (1986) TEXAS v. McCULLOUGH No. 84-1198. Supreme Court of United States. Argued December 10, 1985 Decided February 26, 1986 CERTIORARI TO THE COURT OF CRIMINAL APPEALS OF TEXAS *135 Randall L. Sherrod argued the cause for petitioner. With him on the brief was Deane C. Watson. Jeff Blackburn argued the cause pro hac vice for respondent. With him on the brief were Michael B. Charlton an...
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475 U.S. 157 (1986) NIX, WARDEN v. WHITESIDE No. 84-1321. Supreme Court of United States. Argued November 5, 1985 Decided February 26, 1986 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT *159 Brent R. Appel, Deputy Attorney General of Iowa, argued the cause for petitioner. With him on the briefs were Thomas J. Miller, Attorney General, and Thomas D. McGrane, Assistant Att...
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475 U.S. 192 (1986) NATIONAL LABOR RELATIONS BOARD v. FINANCIAL INSTITUTION EMPLOYEES OF AMERICA, LOCAL 1182, CHARTERED BY UNITED FOOD & COMMERCIAL WORKERS INTERNATIONAL UNION, AFL-CIO, ET AL. No. 84-1493. Supreme Court of United States. Argued December 4, 1985 Decided February 26, 1986[*] CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT *194 Norton J. Come argued the ca...
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475 U.S. 211 (1986) CONNOLLY ET AL., TRUSTEES OF THE OPERATING ENGINEERS PENSION TRUST v. PENSION BENEFIT GUARANTY CORPORATION ET AL. No. 84-1555. Supreme Court of United States. Argued December 2, 1985 Decided February 26, 1986[*] APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA *212 Wayne Jett argued the cause and filed briefs for appellants in No. 84-1555. Ri...
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delivered the opinion of the Court. The question in this case is whether the National Labor Relations Act (NLRA), 29 U. S. C. §151 et seq., pre-empts a Wisconsin statute debarring certain repeat violators of the Act from doing business with the State. We hold that it does. I Wisconsin has directed its Department of Industry, Labor and Human Relations to maintain a list...
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delivered the opinion of the Court. In Abood v. Detroit Board of Education, 431 U. S. 209 (1977), “we found no constitutional barrier to an agency shop agreement between a municipality and a teacher’s union insofar as the agreement required every employee in the unit to pay a service fee to defray the costs of collective bargaining, contract administration, and grievance adjustment. The union, how...
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delivered the opinion of the Court. This case requires us to decide what standard governs a prison inmate’s claim that prison officials subjected him to cruel and unusual punishment by shooting him during the course of their attempt to quell a prison riot. I — I At the time he was injured, respondent Gerald Albers was confined in cellblock “A” of the Oregon State Penitentiary. Cellblock “A” consis...
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475 U.S. 335 (1986) MALLEY ET AL. v. BRIGGS ET AL. No. 84-1586. Supreme Court of United States. Argued November 13, 1985 Decided March 5, 1986 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT *336 Ann M. Sheadel, Assistant Attorney General of Rhode Island, argued the cause for petitioners. With her on the brief was Arlene Violet, Attorney General. Leonard Decof, argued the c...
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475 U.S. 355 (1986) EXXON CORP. ET AL. v. HUNT, ADMINISTRATOR OF NEW JERSEY SPILL COMPENSATION FUND, ET AL. No. 84-978. Supreme Court of United States. Argued December 9, 1985 Decided March 10, 1986 APPEAL FROM THE SUPREME COURT OF NEW JERSEY *357 Daniel M. Gribbon argued the cause for appellants. With him on the briefs were John J. Carlin, Jr., and E. Edward Bruce. Mary C. Jacobson, Deputy Attor...
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with whom Justice Brennan joins, dissenting. With respect to the case before us, the majority takes but a small step. In Ohio v. Roberts, 448 U. S. 56 (1980), the Court held: “[W]hen a hearsay declarant is not present for cross-examination at trial, the Confrontation Clause normally requires a showing that he is unavailable. Even then, his statement is admissible only if it bears adequate ‘indicia...
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delivered the opinion of the Court. After being informed of his rights pursuant to Miranda v. Arizona, 384 U. S. 436 (1966), and after executing a series of written waivers, respondent confessed to the murder of a young woman. At no point during the course of the interrogation, which occurred prior to arraignment, did he request an attorney. While he was in police custody, his sister attempted to ...
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delivered the opinion of the Court, except as to Part II-B. In Monell v. New York City Dept. of Social Services, 436 U. S. 658 (1978), the Court concluded that municipal liability-under 42 U. S. C. § 1983 is limited to deprivations of federally protected rights caused by action taken “pursuant to official municipal policy of some nature . . . .” Id., at 691. The question presented is whether, and ...
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475 U.S. 503 (1986) GOLDMAN v. WEINBERGER, SECRETARY OF DEFENSE, ET AL. No. 84-1097. Supreme Court of United States. Argued January 14, 1986 Decided March 25, 1986 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Nathan Lewin argued the cause for petitioner. With him on the brief were David J. Butler and Dennis Rapps. *504 Kathryn A. Oberly argued the cause fo...
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On February 17, 1980, appellant Barbara Paulussen filed a paternity and child support petition in a Bucks County, Pennsylvania, court on behalf of her daughter, who was then seven years old. The petition alleged that the daughter had been born out of wedlock, that appellee George Herion was her natural father, and that he had ceased making contributions to her support in April 1975. Appellee offe...
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delivered the opinion of the Court. The question presented in this case is-whether a criminal defendant was denied his constitutional right to a fair trial when, at his trial with five codefendants, the customary courtroom security force was suppleménted by four uniformed state troopers sitting in the first row of the spectators’ section. I On August 14, 1975, nine masked men entered the Bonded Va...
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delivered the opinion of the Court. This case requires that we again consider the standard district courts must apply when deciding whether to grant summary judgment in an antitrust conspiracy case. I — I Stating the facts of this case is a daunting task. The opinion of the Court of Appeals for the Third Circuit runs to 69 pages; the primary opinion of the District Court is more than three times a...
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475 U.S. 608 (1986) GOLDEN STATE TRANSIT CORP. v. CITY OF LOS ANGELES No. 84-1644. Supreme Court of United States. Argued December 4, 1985 Decided April 1, 1986 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Zachary D. Fasman argued the cause for petitioner. With him on the briefs was Clifton S. Elgarten. *609 John F. Haggerty argued the cause and filed a brief for respond...
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475 U.S. 625 (1986) MICHIGAN v. JACKSON No. 84-1531. Supreme Court of United States. Argued December 9, 1985 Decided April 1, 1986[*] CERTIORARI TO THE SUPREME COURT OF MICHIGAN Brian E. Thiede argued the cause for petitioner in both cases and filed a brief for petitioner in No. 84-1539. John D. *626 O'Hair, Timothy A. Baughman, and A. George Best II filed a brief for petitioner in No. 84-1531. J...
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475 U.S. 643 (1986) AT&T TECHNOLOGIES, INC. v. COMMUNICATIONS WORKERS OF AMERICA ET AL. No. 84-1913. Supreme Court of United States. Argued January 22, 1986 Decided April 7, 1986 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT *644 Rex E. Lee argued the cause for petitioner. With him on the briefs were David W. Carpenter, Gerald D. Skoning, Charles C. Jackson, Howard ...
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delivered the opinion of the Court. This case presents the question whether the Secretary of Energy violated §5 of the Flood Control Act of 1944, 16 U. S. C. §825s, or his contractual obligations by putting rates for hydroelectric power generated at federally owned dams into effect on an interim basis pending further review by the Federal Energy Regulatory Commission. The Court of Claims h...
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475 U.S. 673 (1986) DELAWARE v. VAN ARSDALL No. 84-1279. Supreme Court of United States. Argued January 22, 1986 Decided April 7, 1986 CERTIORARI TO THE SUPREME COURT OF DELAWARE Richard E. Fairbanks, Jr., argued the cause for petitioner. With him on the briefs were Charles M. Oberly III, Attorney General of Delaware, and Gary A. Myers and Loren C. Meyers, Deputy Attorneys General. Paul J. Larkin...
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delivered the opinion of the Court. Respondents sued their employer, petitioner Icicle Sea-foods, Inc., to recover overtime benefits to which they thought they were entitled under the Fair Labor Standards Act (FLSA), 29 U. S. C. § 207(a)(1). After a 2-day trial, the United States District Court for the Western District of Washington held that respondents were excluded from the overtime benefits of...
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delivered the opinion of the Court. This case requires us once more to “struggle]... to define the proper accommodation between the law of defamation and the freedoms of speech and press protected by the First Amendment.” Gertz v. Robert Welch, Inc., 418 U. S. 323, 325 (1974). In Gertz, the Court held that a private figure who brings a suit for defamation cannot recover without some showing that t...
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The writ of certiorari is dismissed as improvidently granted....
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475 U.S. 813 (1986) AETNA LIFE INSURANCE CO. v. LAVOIE ET AL. No. 84-1601. Supreme Court of United States. Argued December 4, 1985 Decided April 22, 1986 APPEAL FROM THE SUPREME COURT OF ALABAMA *814 Theodore B. Olson argued the cause for appellant. With him on the briefs were John J. Swenson, Larry L. Simms, Peter V. Sintz, and Wm. M. Cunningham, Jr. Jack N. Goodman argued the cause for appellee...
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475 U.S. 834 (1986) UNITED STATES v. AMERICAN COLLEGE OF PHYSICIANS No. 84-1737. Supreme Court of United States. Argued January 21, 1986 Decided April 22, 1986 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT *835 Albert G. Lauber, Jr., argued the cause for the United States. With him on the briefs were Solicitor General Fried, Assistant Attorney General Archer, Robert A. ...
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475 U.S. 851 (1986) SORENSON v. SECRETARY OF THE TREASURY ET AL. No. 84-1686. Supreme Court of United States. Argued January 15, 1986 Decided April 22, 1986 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT *852 Peter Greenfield argued the cause for petitioner. With him on the briefs was J. Bruce Smith. Richard Farber argued the cause for respondents. With him on the brief we...
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475 U.S. 868 (1986) NEW YORK v. P. J. VIDEO, INC., DBA NETWORK VIDEO, ET AL. No. 85-363. Supreme Court of United States. Argued March 4, 1986 Decided April 22, 1986 CERTIORARI TO THE COURT OF APPEALS OF NEW YORK *869 John J. DeFranks argued the cause for petitioner. With him on the briefs was Richard J. Arcara. Paul John Cambria, Jr., argued the cause and filed a brief for respondents.[*] JUSTICE...
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delivered the opinion of the Court. Petitioner Ronald Skipper was convicted in a South Carolina trial court of capital murder and rape. The State sought the death penalty, and a separate sentencing hearing was held before the trial jury under S. C. Code § 16-3-20 (1985), which provides for a bifurcated trial and jury sentencing in capital cases. Following introduction by the State of evidence in a...
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delivered the opinion of the Court. The question presented is whether an unloaded handgun is a “dangerous weapon” within the meaning of the federal bank robbery statute. At about 9:30 a.m. on July 26, 1984, petitioner and a companion, both wearing stocking masks and gloves, entered a bank in Baltimore. Petitioner thereupon displayed a dark handgun and ordered everyone in the bank to put his h...
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We granted certiorari, 472 U. S. 1026 (1985), to consider the question whether a union proposal that would require a federal agency to comply with OMB Circular A-76 (1983) Performance of Commercial Activities, which prescribes guidelines for contracting out by federal agencies, is negotiable under Title VII of the Civil Service Reform Act of 1978, 5 U. S. C. §7101 etseq. In the course of contract ...
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announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I and III, and an opinion with respect to Parts II and IV, in which Justice Blackmun, Justice Stevens, and Justice O’Connor join. Petitioner is a black man sentenced to death for the murder of a white storekeeper. The question presented is whether the trial judge committed reversible error at voir dire...
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delivered the opinion of the Court. Appellant Eugene F. Diamond is a pediatrician engaged in private practice in Illinois. He seeks to defend before this Court the constitutionality of four sections of the Illinois Abortion Law of 1975, as amended.1 These sections impose criminal liability for the performance of an abortion under certain circumstances, and, under other circumstances, require that ...
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joined by Justice Rehnquist, dissenting. We granted certiorari to decide whether petitioner was tried “in violation of constitutional provisions guaranteeing the defendant an impartial jury and a jury composed of persons representing a fair cross section of the community.” Pet. for Cert. i. I Today the Court sets aside the peremptory challenge, a procedure which has been part of the common law for...
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delivered the opinion of the Court. At the close of the prosecution’s case in chief, the trial court dismissed certain charges against petitioners on the ground that the evidence presented was legally insufficient to support a conviction. The question presented is whether the Double Jeopardy Clause bars the prosecution from appealing this ruling. I Petitioners, husband and wife, owned a bui...
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476 U.S. 147 (1986) POLAND v. ARIZONA No. 85-5023. Supreme Court of United States. Argued February 24, 1986 Decided May 5, 1986[*] CERTIORARI TO THE SUPREME COURT OF ARIZONA *148 H. K. Wilhelmsen, by appointment of the Court, 474 U. S. 943, argued the cause for petitioner. With him on the brief was Marc E. Hammond. Gerald R. Grant, Assistant Attorney General of Arizona, argued the cause for respo...
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476 U.S. 162 (1986) LOCKHART, DIRECTOR, ARKANSAS DEPARTMENT OF CORRECTIONS v. McCREE No. 84-1865. Supreme Court of United States. Argued January 13, 1986 Decided May 5, 1986 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT *163 John Steven Clark, Attorney General of Arkansas, argued the cause for petitioner. With him on the briefs were Jack *164 Gillean, Assistant Attorney ...
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476 U.S. 227 (1986) DOW CHEMICAL CO. v. UNITED STATES, BY AND THROUGH ADMINISTRATOR, ENVIRONMENTAL PROTECTION AGENCY No. 84-1259. Supreme Court of United States. Argued December 10, 1985 Decided May 19, 1986 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT *228 Jane M. Gootee argued the cause for petitioner. With her on the briefs were James H. Hanes and Bernd W. Sandt. Alan...
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delivered the opinion of the Court. Section 106(b) of the Comprehensive Employment and Training Act (CETA), 92 Stat. 1926, 29 U. S. C. § 816(b) (1976 ed., Supp. V), provides that the Secretary of Labor *255 (Secretary) “shall” issue a final determination as to the misuse of CETA funds by a grant recipient within 120 days after receiving a complaint alleging such misuse. The qu...
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with whom Justice Brennan, Justice Marshall, and Justice Blackmun join, dissenting. The purpose of the Speedy Trial Act of 1974, as amended in 1979 and in 1984, 18 U. S. C. §3161 et seq. (1982 ed. and Supp. II), is to quantify and make effective the Sixth Amendment right to a a speedy trial. S. Rep. No. 96-212, p. 6 (1979); S. Rep. No. 93-1021, p. 1 (1974). To this end, the Act entitles a criminal...
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delivered the opinion of the Court. Certain provisions of the Social Security Act in effect between 1979 and 1983 authorized payment of survivor’s benefits from a wage earner’s account to a widowed spouse who remarried after age 60, but not to a similarly situated divorced widowed spouse. The question in this case is whether those provisions violated the equal protection component of the Due Proce...
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delivered the opinion of the Court. In these consolidated cases, we are asked by 26 private telephone companies and the United States to sustain the holding of the Court of Appeals for the Fourth Circuit that orders of the Federal Communications Commission (FCC or Commission) respecting the depreciation of telephone plant and equipment pre-empt inconsistent state regulation. They are opposed by th...
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delivered the opinion of the Court. The opinion in San Diego Building Trades Council v. Garmon, 359 U. S. 236 (1959), set forth a general standard for determining when state proceedings or regulations are pre-empted by the provisions of the National Labor Relations Act (NLRA or Act), see 29 U. S. C. § 151 et seq. (1982 ed. and Supp. II): Subject to exception only in limited circumstances, “[w]hen ...
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476 U.S. 409 (1986) SQUARE D CO. ET AL. v. NIAGARA FRONTIER TARIFF BUREAU, INC., ET AL. No. 85-21. Supreme Court of United States. Argued March 3, 1986 Decided May 27, 1986 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT *410 Douglas V. Rigler argued the cause for petitioners. With him on the briefs were Linda Heller Kamm, Michael Fischer, Joseph E. Zdarsky, H. Laddie Mont...
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delivered the opinion of the Court. We granted certiorari to consider whether a standby letter of credit backed by a contingent promissory note is insured as a “deposit” under the federal deposit insurance program. We hold that, in light of the longstanding interpretation of petitioner Federal Deposit Insurance Corporation (FDIC) that such a letter does not create a deposit and, in light of the fa...
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We vacate the judgment of the Court of Appeals for the Fourth Circuit and remand for further proceedings consist *446 ent with the opinion in Louisiana Public Service Comm’n v. FCC, ante, p. 355. It is so ordered. Justice Powell and Justice O’Connor took no part in the consideration or decision of this case. ...
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delivered the opinion of the Court. This case concerns commercial relations among certain Indiana dentists, their patients, and the patients’ dental health care insurers. The question presented is whether the Federal Trade Commission correctly concluded that a conspiracy among dentists to refuse to submit x rays to dental insurers for use in benefits determinations constituted an *4...
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delivered the opinion of the Court. This class action was brought pursuant to 42 U. S. C. § 405(g) challenging an internal policy of the Secretary of Health and Human Services that had the effect of denying disability benefits to numerous claimants who may have been entitled to them. The issues presented are whether the District Court correctly included within the class (i) claimants who h...
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delivered the opinion of the Court. Respondent Preferred Communications, Inc., sued petitioners City of Los Angeles (City) and the Department of Water and Power (DWP) in the United States District Court for the Central District of California. The complaint alleged a violation of respondent’s rights under the First and Fourteenth Amendments, and under §§ 1 and 2 of the Sherman Act, by reason of the...
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476 U.S. 498 (1986) SOUTH CAROLINA ET AL. v. CATAWBA INDIAN TRIBE, INC. No. 84-782. Supreme Court of United States. Argued December 12, 1985 Decided June 2, 1986 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT *499 James D. St. Clair argued the cause for petitioners. With him on the briefs were James L. Quarles III, William F. Lee, T. Travis Medlock, Attorney General of So...
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with whom The Chief Justice, Justice Powell, and Justice Rehnquist join, dissenting. I yield to no one in my respect for the Confrontation Clause of the Sixth Amendment, made applicable to the States through the Fourteenth. And I do not denigrate the lofty precepts that have been developed to strengthen its enforcement. I feel, however, that at times this Court tends to be *548overly concerned wit...
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delivered the opinion of the Court. Appellees, identified as the trustee of the “revocable living trust” of Charles W. Hirschi and transferees of Hirschi’s property, seek a refund of $6,000 in estate taxes, on the ground that the Government’s interpretation of a statutory transitional rule, enacted to bridge the old and new regimes for the federal taxation of gifts and estates, violates bo...
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delivered the opinion of the Court. The State of New York requires every liquor distiller or producer that sells liquor to wholesalers within the State to sell at a price that is no higher than the lowest price the distiller charges wholesalers anywhere else in the United States. The issue in this case is whether that requirement violates the Commerce Clause of the Constitution. I New York extensi...
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476 U.S. 593 (1986) UNITED STATES v. HUGHES PROPERTIES, INC. No. 85-554. Supreme Court of United States. Argued April 23, 1986 Decided June 3, 1986 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT *594 Albert G. Lauber, Jr., argued the cause for the United States. With him on the briefs were Solicitor General Fried, Acting Assistant Attorney General Olsen, Richard Farber, ...
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476 U.S. 610 (1986) BOWEN, SECRETARY OF HEALTH AND HUMAN SERVICES v. AMERICAN HOSPITAL ASSOCIATION ET AL. No. 84-1529. Supreme Court of United States. Argued January 15, 1986 Decided June 9, 1986 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT *611 Deputy Assistant Attorney General Cooper argued the cause for petitioner. With him on the briefs were Solicitor General Fried,...
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delivered the opinion of the Court. The question presented in this case is whether Congress, in either § 1395ff or § 1395ii of Title 42 of the United States Code, barred judicial review of regulations promulgated under Part B of the Medicare program. Respondents, who include an association of family physicians and several individual doctors, filed suit to challenge the validity of 42 ...
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delivered the opinion of the Court. Prior to his trial for murder, petitioner moved to suppress his confession. The trial judge conducted a hearing, determined that the confession was voluntary, and denied the motion. At trial, petitioner sought to introduce testimony about the physical and psychological environment in which the confession was obtained. His objective in so doing was to suggest ...
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476 U.S. 693 (1986) BOWEN, SECRETARY OF HEALTH AND HUMAN SERVICES, ET AL. v. ROY ET AL. No. 84-780. Supreme Court of United States. Argued January 14, 1986 Decided June 11, 1986 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA *694 Deputy Solicitor General Geller argued the cause for appellants. With him on the briefs were Solicitor General Fried, Acting Assist...
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delivered the opinion of the Court. Respondent Dwight Dion, Sr., a member of the Yankton Sioux Tribe, was convicted of shooting four bald eagles on the Yankton Sioux Reservation in South Dakota in violation of the Endangered Species Act, 87 Stat. 884, as amended, 16 U. S. C. § 1531 et seq. (1982 ed. and Supp. II). 1 The District Court dismissed before trial a charge o...
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dissenting. I agree with much of Justice White’s and Justice O’Connor’s dissents. In my concurrence in the companion case to Roe v. Wade, 410 U. S. 113, in 1973, I noted: “I do not read the Court’s holdings today as having the sweeping consequences attributed to them by the dissenting Justices; the dissenting views discount the reality that the vast majority of physicians observe the standards of ...
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delivered the opinion of the Court. The question presented by this case is whether respondent’s suit against the United States is time barred. In 1954, the Government sold respondent’s interests in three Indian allotments to the United States Forest Service for inclusion in the Chippewa National Forest in Minnesota. Respondent claims that the sale was void. We hold that respondent’s suit i...
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delivered the opinion of the Court. In this admiralty case, we must decide whether a cause of action in tort is stated when a defective product purchased in a commercial transaction malfunctions, injuring only the product itself and causing purely economic loss. The case requires us to consider preliminarily whether admiralty law, which already recognizes a general theory of liability for ...
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delivered the opinion of the Court. Petitioner, Three Affiliated Tribes of the Fort Berthold Reservation, sought to sue respondent, Wold Engineering, P. C. (hereafter respondent), in state court for negligence and breach of contract. The North Dakota Supreme Court held that Chapter 27-19 of the North Dakota Century Code (1974) disclaimed the unconditional state court civil jurisdiction North Dakot...
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concurring in the judgment. I agree with Justice O’Connor that the right to travel is not sufficiently implicated in this case to require heightened scrutiny. Hence, I differ with Justice Brennan in this respect. But I agree with The Chief Justice that the New York statute at issue denies equal protection of the laws because the classification it employs is irrational. I therefore concur in the ju...
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delivered the opinion of the Court. The Nantahala Power & Light Company (Nantahala) and Tapoco, Inc. (Tapoco), are both wholly owned subsidiaries of the Aluminum Company of America (Alcoa). Tapoco and *955 Nantahala each own hydroelectric power plants on the Little Tennessee River. Almost all of the power that they produce goes to the Tennessee Valley Authority (TVA). In excha...
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476 U.S. 974 (1986) YOUNG, COMMISSIONER OF FOOD AND DRUG ADMINISTRATION v. COMMUNITY NUTRITION INSTITUTE ET AL. No. 85-664. Supreme Court of United States. Argued April 30, 1986 Decided June 17, 1986 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT *975 Paul J. Larkin, Jr., argued the cause for petitioner. With him on the briefs were Solicitor General Fried, A...
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delivered the opinion of the Court. Appellant Wardair Canada Inc., a Canadian airline that operates charter flights to and from the United States, maintains in this action that the Commerce Clause1 of the Constitution precludes Florida from applying to it a tax on aviation fuel purchased in that State. Wardair also asserts that the Florida tax must fall because it violates a “clear unequivocal dir...
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delivered the opinion of the Court. This case primarily concerns Rule 15(c) of the Federal Rules of Civil Procedure and its application to a less-than-precise denomination of a defendant in complaints filed in federal court near the expiration of the period of limitations. Because of an apparent conflict among the Courts of Appeals,1 we granted certiorari. 474 U. S. 814 (1985). I The three petitio...
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delivered the opinion of the Court. On this appeal we review a decision of the District Court for the Eastern District of California that § 103 of the Social Security Amendments Act of 1983, 97 Stat. 71, 42 U. S. C. §418(g) (1982 ed., Supp. II), effected a taking of property within the meaning of the Fifth Amendment by preventing States from withdrawing state and local government employees...
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477 U.S. 57 (1986) MERITOR SAVINGS BANK, FSB v. VINSON ET AL. No. 84-1979. Supreme Court of United States. Argued March 25, 1986 Decided June 19, 1986 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT *58 F. Robert Troll, Jr., argued the cause for petitioner. With him on the briefs were Charles H. Fleischer and Randall C. Smith. Patricia J. Barry argued the cau...
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477 U.S. 79 (1986) McMILLAN ET AL. v. PENNSYLVANIA No. 85-215. Supreme Court of United States. Argued March 4, 1986 Decided June 19, 1986 CERTIORARI TO THE SUPREME COURT OF PENNSYLVANIA *80 Leonard N. Sosnov argued the cause for petitioners. With him on the briefs were John W. Packel, David Rudovsky, and Gerald A. Stein. Steven J. Cooperstein argued the cause for respondent. With him on the brief...
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477 U.S. 105 (1986) UNITED STATES v. AMERICAN BAR ENDOWMENT ET AL. No. 85-599. Supreme Court of United States. Argued April 28, 1986 Decided June 23, 1986 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT *106 Albert G. Lauber, Jr., argued the cause for the United States. With him on the briefs were Solicitor General Fried, Acting Assistant Attorney General Olsen, Gary R. A...
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dissenting. There is something fishy about this case. Maine is the only State in the Union that blatantly discriminates against out-of-state baitfish by flatly prohibiting their importation. Although golden shiners are already present and thriving in Maine (and, perhaps not coincidentally, the subject of a flourishing domestic industry), Maine excludes golden shiners grown and harvested (and, perh...
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delivered the opinion of the Court. This case concerns the means by which a State may calculate eligibility for medical-assistance benefits (Medicaid) under Title XIX of the Social Security Act. In Massachusetts, persons who lack sufficient income, measured on a monthly basis, to meet their basic needs automatically qualify for Medicaid. The Commonwealth, however, also provides Medicaid benef...
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delivered the opinion of the Court. Respondents’ husbands were killed when petitioner Air Logistic’s helicopter, in which the decedents were traveling, crashed into the high seas. The issue presented is whether the Death on the High Seas Act (DOHSA), 41 Stat. 537, 46 U. S. C. §761 et seq., provides the exclusive remedy by which respondents may recover against petitioner for the wrongful death of t...
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477 U.S. 242 106 S.Ct. 2505 91 L.Ed.2d 202 Jack ANDERSON, et al., Petitionersv.LIBERTY LOBBY, INC. and Willis A. Carto. No. 84-1602. Argued Dec. 3, 1985. Decided June 25, 1986. Syllabus In New York Times Co. v. Sullivan, 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686, it was held that, in a libel suit brought by a public official (extended by la...
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477 U.S. 274 (1986) INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE, AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, ET AL. v. BROCK, SECRETARY OF LABOR No. 84-1777. Supreme Court of United States. Argued March 25, 1986 Decided June 25, 1986 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT *276 Marsha S. Berzon argued the cause for petitioners. With her on th...
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477 U.S. 299 (1986) MEMPHIS COMMUNITY SCHOOL DISTRICT ET AL. v. STACHURA No. 85-410. Supreme Court of United States. Argued April 2, 1986 Decided June 25, 1986 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT *300 Patrick J. Berardo argued the cause and filed briefs for petitioners. Jeffrey A. Heldt argued the cause for respondent. With him on the brief was Erwin B. Ellmann....
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concurring. I agree that the Court of Appeals was wrong in holding that the moving defendant must always support his motion with evidence or affidavits showing the absence of a genuine dispute about a material fact. I also agree that the movant may rely on depositions, answers to interrogatories, and the like, to demonstrate that the plaintiff has no evidence to prove his case and hence that there...
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delivered the opinion of the Court. The question we address in this case is whether the restrictions on federal habeas review of Fourth Amendment claims announced in Stone v. Powell, 428 U. S. 465 (1976), should be extended to Sixth Amendment claims of ineffective assistance of counsel where the principal allegation and manifestation of inadequate representation is counsel’s failure to file a time...
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announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I and II and an opinion with respect to Parts III, IV, and V, in which Justice Brennan, Justice Blackmun, and Justice Stevens join. For centuries no jurisdiction has countenanced the execution of the insane, yet this Court has never decided whether the Constitution forbids the practice. Today we keep f...
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announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, IV, and V, and an opinion with respect to Parts II and III in which The Chief Justice, Justice Rehnquist, and Justice O’Connor join. This case requires us to define the circumstances under which federal courts should entertain a state prisoner’s petition for writ of habeas corpus that raises claims ...
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delivered the opinion of the Court. We granted certoriari in this case to consider whether a federal habeas petitioner can show cause for a procedural default by establishing that competent defense counsel inad*482vertently failed to raise the substantive claim of error rather than deliberately withholding it for tactical reasons. I Respondent Clifford Carrier was convicted of rape and abduction b...
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477 U.S. 527 (1986) SMITH v. MURRAY, DIRECTOR, VIRGINIA DEPARTMENT OF CORRECTIONS No. 85-5487. Supreme Court of United States. Argued March 4, 1986 Decided June 26, 1986 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT *528 J. Lloyd Snook III, by appointment of the Court, 474 U. S. 993, argued the cause for petitioner. With him on the briefs was Richard J. Bonnie. James E. ...
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delivered the opinion of the Court. We noted probable jurisdiction to decide whether Congress may, consistent with the Fifth Amendment, forbid all involuntarily committed former mental patients to purchase firearms while permitting some felons to do so. In 1982 appellee attempted to purchase a firearm at Ray’s Sport Shop in North Plainfield, New Jersey. The Sport Shop gave appellee a ...
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477 U.S. 561 (1986) CITY OF RIVERSIDE ET AL. v. RIVERA ET AL. No. 85-224. Supreme Court of United States. Argued March 31, 1986 Decided June 27, 1986 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT *563 Jonathan Kotler argued the cause and filed briefs for petitioners. Gerald P. Lopez argued the cause and filed a brief for respondents.[*] Briefs of amici curiae urging affir...
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477 U.S. 597 (1986) UNITED STATES DEPARTMENT OF TRANSPORTATION ET AL. v. PARALYZED VETERANS OF AMERICA ET AL. No. 85-289. Supreme Court of United States. Argued March 26, 1986 Decided June 27, 1986 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT *598 Solicitor General Fried argued the cause for petitioners. With him on the briefs were Assistant Attorney Gener...
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477 U.S. 619 (1986) OHIO CIVIL RIGHTS COMMISSION ET AL. v. DAYTON CHRISTIAN SCHOOLS, INC., ET AL. No. 85-488. Supreme Court of United States. Argued March 26, 1986 Decided June 27, 1986 APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT *620 Kathleen McManus argued the cause for appellants. With her on the briefs were Anthony J. Celebrezze, Jr., Attorney General of Ohio, and Hel...
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dissenting. This case demonstrates yet again the lack of vitality in this Court’s recent equal protection jurisprudence. See, e. g., Cleburne v. Cleburne Living Center, 473 U. S. 432, 455 *644(1985) (Marshall, J., concurring in judgment in part and dissenting in part); San Antonio Independent School Dist. v. Rodriguez, 411 U. S. 1, 70 (1973) (Marshall, J., dissenting). In my view, when analyzing c...
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delivered the opinion of the Court. We granted certiorari to decide whether petitioner has a First Amendment right of access to the transcript of a preliminary hearing growing out of a criminal prosecution. On December 23, 1981, the State of California filed a complaint in the Riverside County Municipal Court, charging Robert Diaz with 12 counts of murder and seeking the death penalty. The complai...
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announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, III-A, III-B, IV-A, and V, an opinion with respect to Part III-C, in which Justice Marshall, Justice Black-mun, and Justice Stevens join, and an opinion with respect to Part IV-B, in which Justice White joins. This case requires that we construe for the first time § 2 of the Voting Rights Act of...
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478 U.S. 109 (1986) DAVIS ET AL. v. BANDEMER ET AL. No. 84-1244. Supreme Court of United States. Argued October 7, 1985 Decided June 30, 1986 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA *112 William M. Evans argued the cause for appellants. With him on the briefs were Linley E. Pearson, Attorney General of Indiana, Michael T. Schaefer, Deputy Attorney General...
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delivered the opinion of the Court. In these cases, we address the question whether, under what are referred to in these cases as the Pelly and Packwood Amendments, 85 Stat. 786, as amended, 22 U. S. C. § 1978; 90 Stat. 337, as amended, 16 U. S. C. § 1821 (1982 ed. and Supp. Ill), the Secretary of Commerce is required to certify that Japan’s whaling practices “diminish the effectiveness” of the In...
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delivered the opinion of the Court. In this case, we consider the claims of school officials and schoolchildren in 23 northern Mississippi counties that they *268are being unlawfully denied the economic benefits of public school lands granted by the United States to the State of Mississippi well over 100 years ago. Specifically, we must determine to what extent these claims are barred by the Eleve...
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delivered the opinion of the Court. The no-interest rule is to the effect that interest cannot be recovered in a suit against the Government in the absence of an express waiver of sovereign immunity from an award of interest. In this case, attorney’s fees as well as interest on those fees were awarded to a plaintiff who prevailed against petitioner Library of Congress in a suit brought under Title...
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478 U.S. 328 (1986) POSADAS de PUERTO RICO ASSOCIATES, DBA CONDADO HOLIDAY INN v. TOURISM COMPANY OF PUERTO RICO ET AL. No. 84-1903. Supreme Court of United States. Argued April 28, 1986. Decided July 1, 1986. APPEAL FROM THE SUPREME COURT OF PUERTO RICO *330 Maria Milagros Soto argued the cause and filed briefs for appellant. Lino J. Saldana argued the cause and filed a brief for appellee.[*] Br...
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478 U.S. 364 (1986) ALLEN v. ILLINOIS No. 85-5404. Supreme Court of United States. Argued April 30, 1986 Decided July 1, 1986 CERTIORARI TO THE SUPREME COURT OF ILLINOIS *365 Verlin R. Meinz argued the cause for petitioner. With him on the briefs were Robert Agostinelli, Peter A. Carusona, and Jean Herigodt. Mark L. Robert argued the cause for respondent. With him on the brief were Neil F. Hartig...
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478 U.S. 385 (1986) BAZEMORE ET AL. v. FRIDAY ET AL. No. 85-93. Supreme Court of United States. Argued April 22, 1986 Decided July 1, 1986[*] CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT *386 Deputy Solicitor General Kuhl argued the cause for petitioners in No. 85-428. With her on the briefs were Solicitor General Fried, Assistant Attorney General Reynolds, Deputy Assis...
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478 U.S. 421 (1986) LOCAL 28 OF THE SHEET METAL WORKERS' INTERNATIONAL ASSOCIATION ET AL. v. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ET AL. No. 84-1656. Supreme Court of United States. Argued February 25, 1986 Decided July 2, 1986 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT *425 Martin R. Gold argued the cause for petitioners. With him on the briefs were Robert P. Mulv...
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478 U.S. 501 (1986) LOCAL NUMBER 93, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, AFL-CIO, C. L. C. v. CITY OF CLEVELAND ET AL. No. 84-1999. Supreme Court of United States. Argued February 25, 1986 Decided July 2, 1986 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT *502 William L. Summers argued the cause for petitioner. With him on the briefs was Robert A. Dixon. Assistant ...
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delivered the opinion of the Court. The questions presented in this case are first, whether the Clean Air Act, 42 U. S. C. §7401 et seq., authorizes attorney’s fees awards for time spent by counsel participating in regulatory proceedings; second, whether a court may enhance an award to reflect superior quality of representation rendered by plaintiff’s counsel; and third, whether enhance*549ment of...
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delivered the opinion of the Court. This case presents the question whether the harmless-error standard of Chapman v. California, 386 U. S. 18 (1967), applies to jury instructions that violate the principles of Sandstrom v. Montana, 442 U. S. 510 (1979), and Francis v. Franklin, 471 U. S. 307 (1985).1 — On December 30, 1978, Charles Browning and Joy Faulk were shot to death while they sat in Brown...
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delivered the opinion of the Court. This case presents the question whether the Flood Control Act’s immunity provision in 33 U. S. C. § 702c, which states *599that “[n]o liability of any kind shall attach to or rest upon the United States for any damage from or by floods or flood waters at any place,” bars recovery where the Federal Government would otherwise be liable under the Federal Tort Claim...
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478 U.S. 621 (1986) BAKER ET AL. v. GENERAL MOTORS CORP. ET AL. No. 85-117. Supreme Court of United States. Argued April 2, 1986 Decided July 2, 1986 APPEAL FROM THE SUPREME COURT OF MICHIGAN *622 Jordan Rossen argued the cause for appellants. With him on the briefs was Fred Altshuler. Peter G. Nash argued the cause for appellees. With him on the brief were Dixie L. Atwater, J. R. Wheatley, and J...
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478 U.S. 647 (1986) RANDALL ET AL. v. LOFTSGAARDEN ET AL. No. 85-519. Supreme Court of United States. Argued April 2, 1986 Decided July 2, 1986 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT *649 Robert Arthur Brunig argued the cause for petitioners. With him on the brief were Terence M. Fruth and Ted S Meikle. Deputy Solicitor General Wallace argued the cause for the Uni...
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dissenting. “Frankly, my dear, I don’t give a damn.” When I was a high school student, the use of those words in a public forum shocked the Nation. Today Clark Gable’s four-letter expletive is less offensive than it was then. Nevertheless, I assume that high school administrators may prohibit the use of that word in classroom discussion and even in extracurricular activities that are sponsored by ...
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delivered the opinion of the Court. We granted certiorari to decide whether the First Amendment bars enforcement of a statute authorizing closure of a premises found to be used as a place for prostitution and lewdness because the premises are also used as an adult bookstore. I A Respondents own and operate'"-the “Village Books and News Store” in Kenmore, New York. The establishment characterizes i...
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delivered the opinion of the Court. The question presented by these appeals is whether the assignment by Congress to the Comptroller General of the United States of certain functions under the Balanced Budget and Emergency Deficit Control Act of 1985 violates the doctrine of separation of powers. i — i a> On December 12, 1985, the President signed into law the Balanced Budget and Emergency Deficit...
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delivered the opinion of the Court. A state Administrative Law Judge determined that petitioner University of Tennessee (hereafter petitioner or University) was not motivated by racial prejudice in seeking to discharge respondent. The question presented is whether this finding is entitled to preclusive effect in federal court, where respondent has raised discrimination claims under various civil r...
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delivered the opinion of the Court. The question presented is whether the incorporation of a federal standard in a state-law private action, when Congress has intended that there not be a federal private action for violations of that federal standard, makes the action one “arising under the Constitution, laws, or treaties of the United States,” 28 U. S. C. § 1331. I The Thompson respondents are re...
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delivered the opinion of the Court. The question presented is whether the Commodity Exchange Act (CEA or Act), 7 U. S. C. §1 et seq., empowers the Commodity Futures Trading Commission (CFTC or Commission) to entertain state law counterclaims in repara*836tion proceedings and, if so, whether that grant of authority violates Article III of the Constitution. I The CEA broadly prohibits fraudulent and...
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