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ORDER LIST MONDAY, MAY 22, 1995 CERTIORARI -- SUMMARY DISPOSITION 94-1059 CALAMIA, RUSSELL V. SINGLETARY, SEC., FL DOC The petition for a writ of certiorari is granted. The judgment is vacated and the case is remanded to the Supreme Court of Florida for further consideration in light of California Department of Corrections v. Morales, 514 U. S. (1995). ORDERS IN PENDING CASES D-1518 IN THE MATTER OF DISBARMENT OF EMILE E. GOUIRAN It having been reported to the Court that Emile E. Gouiran, of Paris, France, has been disbarred from the practice of law by the Supreme Court of New Jersey and this Court by order of February 27, 1995, having suspended the said Emile E. Gouiran 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 Emile E. Gouiran 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-1521 IN THE MATTER OF DISBARMENT OF ROBERT J. WILSON It having been reported to the Court that Robert J. Wilson, of Ardmore, Oklahoma, has resigned from the practice of law before the Supreme Court of Texas and this Court by order of March 20, 1995, having suspended the said Robert J. Wilson 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 Robert J. Wilson 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-1522 IN THE MATTER OF DISBARMENT OF NICHOLAS P. MITCHELL It having been reported to the Court that Nicholas P. Mitchell, of Greenville, South Carolina, has been disbarred from the practice of law by the Supreme Court of South Carolina and this Court by order of March 20, 1995, having suspended the said Nicholas P. Mitchell 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 Nicholas P. Mitchell 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-1524 IN THE MATTER OF DISBARMENT OF PATRICIA A. CARSON It having been reported to the Court that Patricia A. Carson, of San Francisco, California, has resigned from the practice of law before the Supreme Court of California and this Court by order of March 20, 1995, having suspended the said Patricia A. Carson from the practice of law in this Court and directed that a rule issue requiring her to show cause why she 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 Patricia A. Carson be disbarred from the practice of law in this Court and that her name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. D-1525 IN THE MATTER OF DISBARMENT OF GARY R. HANDY It having been reported to the Court that Gary R. Handy, of San Diego, California, has resigned from the practice of law before the Supreme Court of California and this Court by order of March 20, 1995, having suspended the said Gary R. Handy 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 Gary R. Handy 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. 120 ORIG. NEW JERSEY V. NEW YORK The Report of the Special Master is received and ordered filed. The motion of the City of New York to intervene as a party defendant is denied. 94-12 SEMINOLE TRIBE OF FLORIDA V. FLORIDA, ET AL. 94-1340 CITIZENS BANK OF MARYLAND V. STRUMPF, DAVID The motions of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument are granted. 94-7492 ROBINSON, CANDISHA S. V. UNITED STATES The motion for appointment of counsel is granted and it is ordered that David B. Smith, Esquire, of Alexandria, Virginia, is appointed to serve as counsel for the petitioner in this case. 94-8610 EISENSTEIN, IRWIN R. V. EISENSTEIN, MIRIAM The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until June 12, 1995, 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. CERTIORARI GRANTED 94-1453 PEACOCK, D. GRANT V. THOMAS, JACK L. 94-1511 LEWIS, DIR., AZ DOC, ET AL. V. CASEY, FLETCHER, ET AL. The petitions for writs of certiorari are granted. 94-1387 YAMAHA MOTOR CORP., ET AL. V. CALHOUN, LUCIEN, ET AL. The petition for a writ of certiorari is granted limited to question 1 presented by the petition. In addition to question 1 presented by the petition, the parties are requested to brief and argue the following question: "Under 28 U.S.C. Section 1292(b), can the Courts of Appeals exercise jurisdiction over any question that is included within the order that contains the controlling question of law identified by the District Court?" CERTIORARI DENIED 94-1431 B&W INVESTMENT, ET AL. V. UNITED STATES 94-1554 ABBOTT LABS, ET AL. V. SEINFELD, F. DAVID, ET AL. 94-1562 UN. PAPERWORKERS UN., ET AL. V. BRIGGS & STRATTON CORP. 94-1586 WOODSON, BEVERLEY V. McGEORGE CAMPING, ET AL. 94-1589 MALPASS, KENNETH V. BOULDER, CO 94-1590 CRAWLEY, MICHAEL V. OHIO 94-1591 ALEXANDER, MICHAEL V. TEXAS 94-1595 CHAMPION, LARRY, ET AL. V. DEPARTMENT OF LABOR, ET AL. 94-1596 MIDWEST DEV., INC., ET AL. V. FLAMINGO REALTY, INC., ET AL. 94-1598 DePLUZER, NORMAN V. WINNETKA 94-1599 SNEAD, JAMES V. UNUM LIFE INS. CO., ETC. 94-1600 DAVIS, BARRY V. TEXACO REFINING, ETC. 94-1601 SEBRING, OHIO V. WAYNE, MARK, ET AL. 94-1602 BEATTIE, ROBERT V. BOEING COMPANY 94-1604 FUN 'N SUN RV, INC., ET AL. V. MICHIGAN, ET AL. 94-1606 CROSS, DARREN SCOTT V. JABE, WARDEN 94-1607 NEAL, JACQUELYNE V. BROWN, WILLIAM, ET AL. 94-1608 NTN COMMUNICATIONS, INC. V. INTERACTIVE NETWORK, INC. 94-1610 BEADLE, ASTON V. HILLSBOROUGH CTY. SHERIFF'S 94-1615 CA POZZOLAN, INC., ET AL. V. ZODIAC INVEST., INC., ET AL. 94-1617 DISTEFANO, JOSEPH, ETC. V. DONOVAN, KATHERINE, ET AL. 94-1619 DOUGLAS, JOHN V. FIRST SEC. FED. SAVINGS 94-1620 ) KIRWAN, WILLIAM, ET AL. V. PODBERESKY, DANIEL ) 94-1621 ) GREENE, MONICA, ET AL. V. PODBERESKY, DANIEL 94-1623 McFARLAND, VAN, ET AL. V. LEYH, STEVEN, ETC. 94-1624 HAGER, GORDON V. LARGENT, LINDA, ET AL. 94-1633 BAKER, DUANE V. BAKER, DONNA 94-1634 LEWIS, DIR., AZ DOC V. WEBB, TERRY 94-1667 CADLE COMPANY V. ESTATE OF FORREST WEAVER 94-1674 FLORENCE NIGHTINGALE NURSING V. BLUE CROSS/BLUE SHIELD OF AL 94-1700 BROWN, MARVINELL V. HOUSTON INDEPEND. SCH. DIST. 94-1701 WARD, WALLACE V. UNITED STATES 94-1714 HABIE, JOE V. KIRSCHER, BARRY, ET AL. 94-1716 ) BOSTIC, BILLYE V. UNITED STATES ) 94-8911 ) CHAVEZ, RAYMOND D. V. UNITED STATES 94-1718 SNEED, WILLIAM V. BROOKS, HELEN 94-1724 HAAS, WILLIAM V. UNITED STATES 94-1741 CROCKER, DEBORAH V. U.S. AVIATION UNDERWRITERS 94-1744 LIVINGSTON, JANET V. UNITED STATES 94-1758 NIECE, WILFORD V. UNITED STATES 94-7614 KIRK, WILLIAM T. V. DUTTON, WARDEN 94-8014 RUSSELL, GEORGE V. WASHINGTON 94-8143 MIHALY, ALEXANDER J. V. UNITED STATES 94-8158 MOBLEY, DELBERT V. UNITED STATES 94-8196 WERTH, FRANCIS W. V. UNITED STATES 94-8263 HITTSON, TRAVIS C. V. GEORGIA 94-8562 BRACY, WILLIAM V. ARIZONA 94-8579 SLOAN, M. ISMAIL V. AMHERST COUNTY DEPT. OF SS 94-8583 BRANSFORD, DONALD E., ET AL. V. CALIFORNIA 94-8588 THOMPSON, LAWRENCE E. V. ALEXANDER, CHARLES, ET AL. 94-8595 HENDERSON, LESTER C. V. MURRAY, DIR., VA DOC 94-8597 BUTLER, VERNON JARRETT V. CALIFORNIA 94-8612 HENSON, LARRY J. V. MYERS, WARDEN 94-8619 SHARP, ROBIN RE V. CALIFORNIA 94-8630 LUCIEN, RUDOLPH L. V. PAGE, WARDEN 94-8634 LITMON, DAVID V. YLST, WARDEN 94-8646 WATSON, SHEPHARD V. BALSAMO, RODNEY C., ET AL. 94-8647 WORTHON, RICHARD V. CASPARI, SUPT., MISSOURI 94-8649 JOHNSON, GREGORY D. V. ILLINOIS 94-8651 WILBUR M. V. MENTAL HYGIENE LEGAL SERVICE 94-8654 McNATT, MICHAEL V. COLEMAN, FRANK, ET AL. 94-8655 MASON, MICHAEL W. V. CALIFORNIA 94-8663 HARJO, JERALD W. V. OKLAHOMA 94-8665 ASHWORTH, DEAN V. MYERS, WARDEN 94-8666 BROWN, KEITH MICHAEL V. MURRAY, DIR. VA DOC 94-8670 DUNBAR, GILBERT W. V. VIRGINIA 94-8671 HALL, ARIZONA V. MO DOC, ET AL. 94-8683 WHITE, JERRY V. SINGLETARY, SEC., FL DOC 94-8701 PETRICK, DANIEL V. MINNESOTA 94-8704 TALLEY, RICARDO V. WALKER, SUPT., AUBURN, ET AL. 94-8783 ) CARR, DEXTER DARRON V. UNITED STATES ) 94-8913 ) GARDNER, DONALD C. V. UNITED STATES 94-8817 KINCHEN, ROBERT O. V. SHALALA, SEC. OF HHS 94-8850 JOBE, AARON J. V. UNITED STATES 94-8851 MAYS, JEFFREY V. DRAGOVICH, WARDEN, ET AL. 94-8857 CARR, TONY V. UNITED STATES 94-8859 ) POINDEXTER, DAVID V. UNITED STATES ) 94-8861 ) TAYLOR, DERRICK V. UNITED STATES 94-8866 GARRETT, WILLIE R. V. UNITED STATES 94-8871 GONZALEZ, RICARDO V. UNITED STATES 94-8878 SMITH, BOBBIE JEAN V. UNITED STATES 94-8881 LENTZ, BRYAN F. V. UNITED STATES 94-8887 SANDERS, JOSHUA WILLIAM V. UNITED STATES 94-8892 ALEXIUS, NOREEN VENISE V. UNITED STATES 94-8895 VROOMAN, NANCY V. UNITED STATES 94-8896 GONZALEZ, JOE V. V. UNITED STATES 94-8897 DODD, CLIFFORD B. V. UNITED STATES 94-8898 ) GARY, RAY C. V. UNITED STATES ) 94-8899 ) HAWKINS, ELLIS E. V. UNITED STATES 94-8900 WASHINGTON, JERRY V. UNITED STATES 94-8903 MORENO, CARLOS V. V. UNITED STATES 94-8907 MONDIE, PATRICK V. UNITED STATES 94-8912 FUENTES, FRANCISCO I. V. UNITED STATES 94-8918 SWANK, CYBIL V. PENNSYLVANIA 94-8919 GARCIA, FERNANDO V. UNITED STATES 94-8921 ATKINS, DONALD RAY V. UNITED STATES 94-8924 SEATON, DWIGHT WADE V. UNITED STATES 94-8925 RENDON, HENRY V. UNITED STATES 94-8926 MOSLEY, CURTIS V. UNITED STATES 94-8930 HANLEY, HARRY T. V. UNITED STATES 94-8931 GROCE, BRIAN D. V. UNITED STATES 94-8932 FORD, CORDELL G. V. UNITED STATES 94-8933 MAXIE, LEE V. HAMILTON, CLARA 94-8937 DIAZ-ARENAS, JUAN V. UNITED STATES 94-8940 ESPOSITO, ANTHONY V. UNITED STATES 94-8942 GIL, DIEGO V. UNITED STATES 94-8943 McGRATH, JAMES A. V. UNITED STATES 94-8944 WARD, CHARLIE V. UNITED STATES 94-8949 MASON, HARRY C. V. UNITED STATES 94-8950 JARAMILLO, MARTHA V. UNITED STATES 94-8952 WARD, DAVID J. V. NORTH CAROLINA 94-8955 LEMON, ROBERT B. V. MARTIN, M., ET AL. 94-8961 RIGSBY, DANNY V. UNITED STATES 94-8965 RAMOS, SERVANDO, ET AL. V. UNITED STATES 94-8969 HERRING, RONALD V. UNITED STATES 94-8974 GARRETT, ANTHONY V. UNITED SATES 94-8976 THOMAS, RONALD A. V. PENNSYLVANIA 94-8977 WEINSTEIN, ALAN V. UNITED STATES 94-8979 BORCH, PATRICIA V. UNITED STATES 94-8980 ACOSTA-LOPEZ, JULIO V. UNITED STATES 94-8984 MATURANA, CLAUDE V. ARIZONA 94-8985 RIVERA, DAVID V. UNITED STATES 94-8990 NAYLOR, ALLEN V. UNITED STATES 94-8996 McCUNE, MICHAEL V. UNITED STATES 94-8997 LOEB, WILLIAM V. UNITED STATES 94-9000 CHAPEL, ROBY TAYLOR V. UNITED STATES 94-9001 PERRY, ISAAC V. UNITED STATES 94-9005 DEVON, PHILLIP S. V. UNITED STATES 94-9006 DURAN, JULIO A. V. UNITED STATES 94-9007 GALLIGAN, LOUIS W. V. UNITED STATES 94-9008 HOPKINS, DeWAYNE V. UNITED STATES 94-9012 COATS, GARMON V. UNITED STATES 94-9015 MALCOLM, TREVOR J. V. UNITED STATES The petitions for writs of certiorari are denied. 94-1585 KANOIVICKI, LEON, ET AL. V. GREEN, BETTY JEAN, ET AL. The motion of respondents for award of damages and double costs is denied. The petition for a writ of certiorari is denied. MANDAMUS DENIED 94-8628 IN RE GEORGIA R. BEARDEN 94-8657 IN RE JAMES F. GLASS 94-8875 IN RE ELI RAITPORT The petitions for writs of mandamus are denied. REHEARINGS DENIED 93-1677 OKLAHOMA TAX COMMN. V. JEFFERSON LINES, INC. 94-1352 HENNESSEY, GERARD, ET AL. V. BLALACK, L. J., ET AL. 94-1365 DE LUCA, MAURIZIO V. UNITED NATIONS, ET AL. 94-1366 MURRAY, CONSTANCE V. McINTYRE, JAMES, ET AL. 94-8038 PETERSON, ALAN V. HADDAD, WILLIAM 94-8272 GARDNER, DENNIS E. V. UNITED STATES The petitions for rehearing are denied. RECESS ORDER The Court will take a recess from Monday, May 22, 1995, until Tuesday, May 30, 1995. MOTIONS FOR ADMISSION The written motions for admission of the following lawyers to the Bar of this Court are granted: