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ORDER LIST TUESDAY, JANUARY 19, 1993 CERTIORARI -- SUMMARY DISPOSITION 92-217 AM. COUNCIL OF BLIND, ET AL. V. ROMER, GOV. OF CO, ET AL. The petition for a writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Tenth Circuit for further consideration in light of Farrar v. Hobby, 506 U. S. (1992). 92-292 KOLODZIECZAK, RONALD, ET AL. V. FRIEND, JACK WAYNE, ET AL. The petition for a writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Ninth Circuit for further consideration in light of Farrar v. Hobby, 506 U. S. (1993). 92-402 NICHOLS, ROBERT, ET AL. V. ROMBERG, MICHAEL, ET UX. The petition for a writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Ninth Circuit for further consideration in light of Farrar v. Hobby, 506 U. S. (1993). ORDERS IN PENDING CASES D-1188 IN THE MATTER OF DISBARMENT OF JOSEPH A. LOMBARDI It having been reported to the Court that Joseph A. Lombardi, of Scituate, Massachusetts, has been disbarred from the practice of law by the Supreme Judicial Court of Massachusetts and this Court by order of October 19, 1992, having suspended the said Joseph A. Lombardi from the practice of law in this Court and directed that a rule issue requiring him to show cause why he should not be disbarred; And it appearing that the said rule was duly issued and served upon the respondent and that the time to file a response has expired; It is ordered that the said Joseph A. Lombardi be disbarred from the practice of law in this Court and that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. D-1189 IN THE MATTER OF DISBARMENT OF DANIEL G. HURLEY It having been reported to the Court that Daniel G. Hurley, of Medford, Massachusetts, has been disbarred from the practice of law by the Supreme Judicial Court of Massachusetts and this Court by order of October 19, 1992, having suspended the said Daniel G. Hurley from the practice of law in this Court and directed that a rule issue requiring him to show cause why he should not be disbarred; And it appearing that the said rule was duly issued and served upon the respondent and that the time to file a response has expired; It is ordered that the said Daniel G. Hurley be disbarred from the practice of law in this Court and that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. D-1190 IN THE MATTER OF DISBARMENT OF HOWARD SY COLE It having been reported to the Court that Howard Sy Cole, of Van Nuys, California, has resigned from the practice of law before the Supreme Court of California and this Court by order of October 19, 1992, having suspended the said Howard Sy Cole from the practice of law in this Court and directed that a rule issue requiring him to show cause why he should not be disbarred; And it appearing that the said rule was duly issued; It is ordered that the said Howard Sy Cole be disbarred from the practice of law in this Court and that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. D-1191 IN THE MATTER OF DISBARMENT OF THOMAS J. SKRYD It having been reported to the Court that Thomas J. Skryd, of Cicero, Illinois, has been disbarred from the practice of law by the Supreme Court of Illinois and this Court by order of November 2, 1992, having suspended the said Thomas J. Skryd from the practice of law in this Court and directed that a rule issue requiring him to show cause why he should not be disbarred; And it appearing that the said rule was duly issued and served upon the respondent and that the time to file a response has expired; It is ordered that the said Thomas J. Skryd be disbarred from the practice of law in this Court and that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. D-1192 IN THE MATTER OF DISBARMENT OF BENNETT ALBAN It having been reported to the Court that Bennett Alban, of Chicago, Illinois, has been disbarred from the practice of law by the Supreme Court of Illinois and this Court by order of November 2, 1992, having suspended the said Bennett Alban from the practice of law in this Court and directed that a rule issue requiring him to show cause why he should not be disbarred; And it appearing that the said rule was duly issued and served upon the respondent and that the time to file a response has expired; It is ordered that the said Bennett Alban be disbarred from the practice of law in this Court and that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. D-1194 IN THE MATTER OF DISBARMENT OF WALTER HARRY CAPLAN It having been reported to the Court that Walter Harry Caplan, of San Francisco, California, has been disbarred from the practice of law by the Supreme Court of California and this Court by order of November 2, 1992, having suspended the said Walter Harry Caplan from the practice of law in this Court and directed that a rule issue requiring him to show cause why he should not be disbarred; And it appearing that the said rule was duly issued and served upon the respondent and that the time to file a response has expired; It is ordered that the said Walter Harry Caplan be disbarred from the practice of law in this Court and that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. D-1195 IN THE MATTER OF DISBARMENT OF HOWARD J. CASPER It having been reported to the Court that Howard J. Casper, of Philadelphia, Pennsylvania, has been disbarred from the practice of law by the Supreme Court of Pennsylvania, Eastern District, and this Court by order of November 2, 1992, having suspended the said Howard J. Casper from the practice of law in this Court and directed that a rule issue requiring him to show cause why he should not be disbarred; And it appearing that the said rule was duly issued and served upon the respondent and that the time to file a response has expired; It is ordered that the said Howard J. Casper be disbarred from the practice of law in this Court and that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. D-1196 IN THE MATTER OF DISBARMENT OF JAMES IRVING HARLAN It having been reported to the Court that James Irving Harlan, of Dallas, Texas, has been suspended from the practice of law by the Supreme Court of Texas and this Court by order of November 2, 1992, having suspended the said James Irving Harlan from the practice of law in this Court and directed that a rule issue requiring him to show cause why he should not be disbarred; And it appearing that the said rule was duly issued and served upon the respondent and that the time to file a response has expired; It is ordered that the said James Irving Harlan be disbarred from the practice of law in this Court and that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. D-1197 IN THE MATTER OF DISBARMENT OF J. DARE HAWKINS It having been reported to the Court that J. Dare Hawkins, of Houston, Texas, has been disbarred from the practice of law by the Supreme Court of Texas and this Court by order of November 2, 1992, having suspended the said J. Dare Hawkins from the practice of law in this Court and directed that a rule issue requiring him to show cause why he should not be disbarred; And it appearing that the said rule was duly issued; It is ordered that the said J. Dare Hawkins be disbarred from the practice of law in this Court and that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. D-1198 IN THE MATTER OF DISBARMENT OF IRA WATROUS It having been reported to the Court that Ira Watrous, of Houston, Texas, has been disbarred from the practice of law by the Supreme Court of Texas and this Court by order of November 2, 1992, having suspended the said Ira Watrous from the practice of law in this Court and directed that a rule issue requiring him to show cause why he should not be disbarred; And it appearing that the said rule was duly issued; It is ordered that the said Ira Watrous be disbarred from the practice of law in this Court and that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. D-1200 IN THE MATTER OF DISBARMENT OF DENNIS J. SIMON It having been reported to the Court that Dennis J. Simon, of Coral Springs, Florida, has been disbarred from the practice of law by the Court of Appeals of Maryland and this Court by order of November 2, 1992, having suspended the said Dennis J. Simon from the practice of law in this Court and directed that a rule issue requiring him to show cause why he should not be disbarred; And it appearing that the said rule was duly issued and served upon the respondent and that the time to file a response has expired; It is ordered that the said Dennis J. Simon be disbarred from the practice of law in this Court and that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. D-1201 IN THE MATTER OF DISBARMENT OF REGINALD L. NORRIS It having been reported to the Court that Reginald L. Norris, of Grand Rapids, Michigan, has been disbarred from the practice of law by the Supreme Court of Michigan and this Court by order of November 9, 1992, having suspended the said Reginald L. Norris from the practice of law in this Court and directed that a rule issue requiring him to show cause why he should not be disbarred; And it appearing that the said rule was duly issued; It is ordered that the said Reginald L. Norris be disbarred from the practice of law in this Court and that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. D-1207 IN THE MATTER OF DISBARMENT OF FRED I. ZABRISKIE It having been reported to the Court that Fred I. Zabriskie, of Larchmont, New York, has resigned from the practice of law before the Appellate Division, Supreme Court of New York, Second Judicial Department, and this Court by order of November 16, 1992, having suspended the said Fred I. Zabriskie from the practice of law in this Court and directed that a rule issue requiring him to show cause why he should not be disbarred; And it appearing that the said rule was duly issued and served upon the respondent and that the time to file a response has expired; It is ordered that the said Fred I. Zabriskie be disbarred from the practice of law in this Court and that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. D-1225 IN THE MATTER OF DISBARMENT OF CHARLES L. GLADSON It is ordered that Charles L. Gladson, of Washington, D. C., be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. D-1226 IN THE MATTER OF DISBARMENT OF THOMAS L. WADDELL It is ordered that Thomas L. Waddell, of San Diego, California, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. D-1227 IN THE MATTER OF DISBARMENT OF CHARLES W. ANSHEN It is ordered that Charles W. Anshen, of Encino, California, be suspended from the practice of law in this Court and that a rule issue, returnable within forty days, requiring him to show cause why he should not be disbarred from the practice of law in this Court. 111 ORIG. DELAWARE V. NEW YORK The motion of New York for leave to file first amended answers and leave to file counterclaim is denied without prejudice to renewal following the issuance of the opinion of this Court on the Report of the Special Master. 91-2054 U. S. DEPT. OF JUSTICE V. LANDANO, VINCENT The motion of respondent to supplement the record is granted. 92-207 UNITED STATES V. PADILLA, XAVIER, ET AL. The motion of respondent Maria Simpson for leave to proceed further herein in forma pauperis is granted. The motion for appointment of counsel is granted and it is ordered that David A. Bono, Esquire, of Washington, D. C., is appointed to serve as counsel for the respondents Donald Simpson, et al. in this case. 92-780 NOW, INC., ET AL. V. SCHEIDLER, JOSEPH, ET AL. The Solicitor General is invited to file a brief in this case limited to Question 1 presented by the petition for a writ of certiorari expressing the views of the United States. 92-854 CENTRAL BANK OF DENVER V. FIRST INTERSTATE BANK, ET AL. 92-913 BANCO ESPANOL, ETC., ET AL. V. SECURITY PACIFIC, ET AL. The Solicitor General is invited to file briefs in these cases expressing the views of the United States. 92-910 STOWE, MARY SUE DAVIS V. DAVIS, JUNIOR, ET AL. The motion of petitioner to expedite consideration of the petition for writ of certiorari is denied. 92-6027 SMITH, CARLTON V. RUNYON, POSTMASTER GEN. The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until February 9, 1993, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Blackmun and Justice Stevens, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U. S. 928 (1983), we would deny the petition for a writ of certiorari without reaching the merits of the motion to proceed in forma pauperis. 92-6449 DAVIS, DOROTHY L. V. RUNYON, POSTMASTER GENERAL The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until February 9, 1993, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court. Justice Stevens, dissenting: For the reasons expressed in Brown v. Herald Co., Inc., 464 U. S. 928 (1983), I would deny the petition for a writ of certiorari without reaching the merits of the motion to proceed in forma pauperis. CERTIORARI DENIED 91-1794 WALKER, ANN V. ANDERSON ELECTRICAL 92-612 MACKIN, LAWRENCE, ET AL. V. BOSTON, ET AL. 92-663 BD. OF TRUSTEES KNOX COUNTY V. SULLIVAN, SEC. H&HS 92-699 FISHER, DANNY V. UNITED STATES 92-706 YAMAHA CORP. OF AM. V. UNITED STATES, ET AL. 92-707 DUFFY, PETER, ET AL. V. FDIC, ET AL. 92-717 SISSLER, JOSEPH EMILE V. UNITED STATES 92-751 SNOHOMISH CTY., ET AL. V. LUTHERAN DAY CARE 92-752 VARAH, A. V. UNITED STATES 92-755 FIRST NATL. LIFE INS. V. SUNSHINE-JR. FOOD STORES 92-796 ODOM, WILLIAM V. LEWIS, GEORGE T., ET AL. 92-816 D.R., ET AL. V. MIDDLE BUCKS TECH., ET AL. 92-841 EL MONTE, CA V. RHODES, OTHA T. 92-850 TEAGUE, JOSEPH, ET AL. V. EMPLOYERS REINS. ET AL. 92-853 SANDERS CONFECTION., ET AL. V. HELLER FINANCIAL, ET AL. 92-857 DILLARD, CARVEL V. SECURITY PACIFIC, ET AL. 92-858 McLEOD, WILLIAM V. McLEOD, FUMIKO I. 92-861 RIDER, ROBIN V. ALABAMA 92-862 SMITH, EDWARD V. DEPT. OF HOUSING & COMMUNITY DEV. 92-863 FRITO-LAY, INC., ET AL. V. WAITS, TOM 92-865 O'BRIEN, CHARLES W. V. BANK ONE, COLUMBUS, N.A. 92-866 O'BRIEN, CHARLES W. V. BANK ONE, COLUMBUS, N.A. 92-873 ) ALLSTATE INS. CO. V. MALESKI, ACT. INS. COMMR. OF PA ) 92-937 ) RHINE REINS. CO., ET AL. V. MUTUAL FIRE, MARINE, ET AL. 92-874 SIEMER, WENCHE, ET AL. V. LEARJET ACQUISITION CORP. 92-875 HONEYCUTT, DIANE, ET AL. V. NORBECK, TRUSTEE, ET AL. 92-876 MACIARIELLO, ROBERT, ET AL. V. LANCASTER, ET AL. 92-878 AMERINET, INC., ET AL. V. XEROX CORP. 92-880 MIDBOE, KAI V. CHEM. WASTE MGMT., INC. 92-881 MAXA, JAMES V. JOHN ALDEN LIFE INS. CO. 92-882 ELUL REALTY CORP. V. GREYHOUND EXHIBITGROUP, INC. 92-884 MOORE, MONICA V. GWINNETT CTY., ET AL. 92-885 ROBERTS, JAY, ETC., ET AL. V. MUTSKO, JOHN, ET AL. 92-886 AZUL PACIFICO, INC. V. LOS ANGELES, CA 92-887 BERGER, SANFORD, ET AL. V. CUYAHOGA COUNTY BAR ASSN. 92-890 GUINN, LESLIE V. TEXAS CHRISTIAN UNIV., ET AL. 92-894 TINSLEY, LARRY V. KUHLMANN, WARDEN 92-898 JATOI, ALIMADAD, ET UX. V. AETNA INSURANCE CO., ET AL. 92-899 SAN FRANCISCO, ET AL. V. STONE, WILL, ET AL. 92-904 McCOY, CHARLES, ET AL. V. SEAWARD MARINE SERV., INC. 92-905 MAYFLOWER INTL., ET AL. V. PAUAHI ASSOCIATES 92-923 GALLAGHER, STEPHEN, ET AL. V. IN ST. ELECTION BD., ET AL. 92-930 QUIGLEY, ROBERT V. FLORIDA 92-953 COLEMAN, JOANNE V. NATIONWIDE LIFE INS. CO. 92-962 POLYAK, EARLENE V. CIR 92-975 GIBSON, THELMA V. SULLIVAN, SEC. H&HS 92-976 LYNCH, JOHN THOMAS V. UNITED STATES 92-979 NAKELL, BARRY, ET AL. V. BRITT, JOE, ET AL. 92-986 BUCK, PITMAN, ET UX. V. UNITED STATES 92-987 BASHA, ROBERT, ET AL. V. UNITED STATES 92-1020 DOWDY, GILBERT V. UNITED STATES 92-5822 HOLLAND, DANIEL V. McGINNIS, WARDEN, ET AL. 92-5897 JOHNSON, WALLACE V. UNITED STATES 92-5925 FELDMAN, ROBERT I. V. UNITED STATES 92-5950 JOHNSON, HERBERT V. UNITED STATES 92-5954 ) HILL, LEON V. UNITED STATES ) 92-6182 ) AMUNDSEN, EVA L. V. UNITED STATES ) 92-6386 ) HILL, WAYNE G. V. UNITED STATES ) 92-6532 ) AMUNDSEN, HYRUM J. V. UNITED STATES 92-6001 SMITH, STEVEN V. OPM 92-6007 EASLEY, IKE J. V. ILLINOIS 92-6044 GANUS, VICTOR L. V. ILLINOIS 92-6062 COFFELT, HERSCHEL L. V. UNITED STATES 92-6095 HILL, ARTHUR V. UNITED STATES 92-6111 GENTRY, KENNETH V. TEXAS 92-6132 DRISCOLL, RONALD V. UNITED STATES 92-6187 KLEINSCHMIDT, WILLIAM E. V. U.S. FIDELITY, ET AL. 92-6236 SKIDMORE, ROCKY DANIEL V. UNITED STATES 92-6256 McFARLAND, WALLACE V. BETHLEHEM STEEL CORP., ET AL. 92-6274 LEE, KYE SOO V. UNITED STATES 92-6335 CAULEY, JOHN WILLIE V. UNITED STATES 92-6343 WILLMSCHEN, GLENN E. V. UNITED STATES 92-6347 MARTINEZ, JOHN V. V. UNITED STATES 92-6371 OBI, HARRY NDUBISI V. UNITED STATES 92-6392 BARSKI, STANLEY FRANK V. UNITED STATES 92-6415 ROZO, RUBEN V. UNITED STATES 92-6464 BERKOWITZ, MARVIN V. UNITED STATES 92-6534 MARTIN, KEITH V. UNITED STATES 92-6603 ATWOOD, FRANK JARVIS V. ARIZONA 92-6636 YOUNGS, BARBARA S. V. TEXAS DEPT. OF HIGHWAYS 92-6648 FARRELL, CHARLES V. McDONOUGH, LAWRENCE 92-6654 YORDAN, LUIS V. SINGLETARY, SEC., FL DOC 92-6656 BALLARD, JAMES A. V. PASKETT, WARDEN, ET AL. 92-6662 SUDARSKY, PETER V. NEW YORK CITY, ET AL. 92-6671 MEYERS, JANINA LOUISE V. CALIFORNIA 92-6675 ROBERTS, JOAN V. WEST. MANAGEMENT SYSTEM, ET AL. 92-6677 WIGLEY, TROY EUGENE V. ALFRED HUGHES UNIT, ET AL. 92-6680 BRUNS, KEITH WAYNE V. THALACKER, WARDEN 92-6682 BROWN, LARRY V. KELLY, SUPT., ATTICA 92-6691 BARKSDALE-CONTRERAS, TOMAS V. UNITED STATES 92-6695 WHITEHEAD, DAVID V. JENIFER, FRANKLYN 92-6696 TAYLOR, JOSEPH V. CITY OF NEW ALBANY, ET AL. 92-6707 BROKENBROUGH, JOHN H. V. REDMAN, WARDEN, ET AL. 92-6708 WARD, JAMES RAY V. GEORGIA 92-6712 JONES, RICKY L. V. WRIGHT, WARDEN 92-6713 HAYS, LEE M. V. IDAHO 92-6717 DIGGS, DEMETRIUS V. UNITED STATES 92-6731 HUFF, OSCAR V. WILCOX COUNTY ADMINR., ET AL. 92-6734 WIGLEY, TROY EUGENE V. SMITH, AUDREY L., ET AL. 92-6736 CROCKETT, DONALD C. V. DUTTON, WARDEN 92-6740 CURIALE, JOSEPH, ET UX. V. HICKEL, GOV. OF AK, ET AL. 92-6751 COUSINO, PAUL W. V. REKUCKI, LORALEE, ET AL. 92-6757 MANN, LARRY EUGENE V. FLORIDA 92-6771 MARTINEZ, PETER PAUL V. COLORADO 92-6815 SASSER, HIRAM STANLEY V. UNITED STATES 92-6837 BRECHEEN, ROBERT A. V. OKLAHOMA 92-6847 BUCHANAN, HOSIE J. V. UNITED STATES 92-6850 ARMSTRONG, HUCKLEY V. UNITED STATES 92-6853 SIERS, DARWIN V. UNITED STATES 92-6854 DANIELS, JAMES V. UNITED STATES 92-6877 CLARKE, BARRINGTON V. UNITED STATES 92-6880 CAGE, FOLEY LAWRENCE V. UNITED STATES 92-6888 PLEASANT, EDDIE LOUIS V. UNITED STATES 92-6890 BEGLEN, WILLIAM V. UNTIED STATES 92-6894 HOOKER, ALGERNON A. V. UNITED STATES 92-6895 KIMMONS, WILLIAM V. UNITED STATES 92-6899 COLEMAN, TROY T. V. UNITED STATES 92-6945 CARDINE, STANLEY MOSE V. KENTUCKY The petitions for writs of certiorari are denied. 92-597 1975 SALARIED RETIRE., ET AL. V. NOBERS, DAVID, ET AL. The petition for a writ of certiorari is denied. Justice White would grant certiorari. 92-728 TWIN CITY FIRE INS., ET AL. V. FORTUNATO, SAMUEL, ETC. The motion of Connecticut Business & Industry Association for leave to file a brief as amicus curiae is granted. The motion of Institute for Justice, et al. for leave to file a brief as amici curiae is granted. The petition for a writ of certiorari is denied. 92-868 REPUBLIC INS. GROUP, ET AL. V. MALESKI, ACT. INS. COMMR. PA The motion of Reinsurance Association of America for leave to file a brief as amicus curiae is granted. The petition for a writ of certiorari is denied. 92-908 CAPLINGER, MIKE, ET AL. V. DOE, JANE The motion of National School Boards Assn., et al. for leave to file a brief as amici curiae is granted. The petition for a writ of certiorari is denied. 92-951 GOINS, N. WALTER V. LANG, DALE, ET AL. The motion of respondents Syndicated Communications, Inc., et al. for award of double costs and attorneys' fees is denied. The petition for a writ of certiorari is denied. 92-1008 SUPPLE, JEROME, ET AL. V. HAYS CTY. GUARDIAN, ET AL. The motion of American Council on Education for leave to file a brief as amicus curiae is granted. The petition for a writ of certiorari is denied. 92-6287 HIRSCHFELD, RICHARD M. V. UNITED STATES The motion of petitioner to strike brief in opposition is denied. The application for bail addressed to Justice Thomas and referred to the Court is denied. The petition for a writ of certiorari is denied. HABEAS CORPUS DENIED 92-6957 IN RE PARIS VALENTINE 92-7026 IN RE JACK E. FLEMING The petitions for writs of habeas corpus are denied. MANDAMUS DENIED 92-6681 IN RE JULES SMITH 92-6694 IN RE GLENN SPRADLEY 92-6716 IN RE FREDERICK W. BAUER 92-6816 IN RE EDWARD STARLING The petitions for writs of mandamus are denied. REHEARINGS DENIED 91-719 PARKE, WARDEN V. RALEY, RICKY 91-6646 HADLEY, VERL V. UNITED STATES 91-8060 ABELLO-SILVA, JOSE R. V. UNITED STATES 92-5642 IN RE FREDERICK W. BAUER 92-5857 FLANAGAN, JOHN W. V. UNITED STATES 92-5974 VEGA, MARTIN S. V. TEXAS 92-5997 ZIEBARTH, SYLVESTER V. FARM CREDIT BANK OF ST. PAUL 92-6179 IN RE HENRY SANDERS The petitions for rehearing are denied. RECESS ORDER The Court will take a recess from Monday, January 25, 1993 until Monday, February 22, 1993. MOTIONS FOR ADMISSION The written motions for admission of the following lawyers to the Bar of this Court are granted: