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No. 81-6517. MORRIS v. Ross. C. A. 11th Cir. Certiorari denied. Reported below: 663 F. 2d 1032.

No. 81-6520. BRIDGES V. TEXAS. Ct. Crim. App. Tex. Certiorari denied.

No. 81-6521. GONZALEZ v. NEW YORK. Ct. App. N. Y. Certiorari denied. Reported below: 55 N. Y. 2d 720, 431

N. E. 2d 630.

No. 81-6522.

HEMPHILL v. CALIFORNIA. Ct. App. Cal.,

2d App. Dist. Certiorari denied.

No. 81-6566. BURNS v. UNITED STATES. C. A. 9th Cir. Certiorari denied. Reported below: 667 F. 2d 781.

No. 81-6571. STRAHAN v. UNITED STATES. C. A. 1st Cir. Certiorari denied. Reported below: 674 F. 2d 96.

No. 81-6588. FORD V. CALIFORNIA. App. Dept., Super. Ct. Cal., County of Los Angeles. Certiorari denied.

C. A. 2d Cir.

No. 81-6607. CELIFIE v. UNITED STATES. Certiorari denied. Reported below: 685 F. 2d 427.

No. 81-6615. ANTONELLI v. SCHRIEBER ET AL. C. A. 7th Cir. Certiorari denied.

No. 81-6625. HOWARD v. UNITED STATES. C. A. 11th Cir. Certiorari denied. Reported below: 667 F. 2d 1374.

No. 81-6626. DIFRONZO v. UNITED STATES. C. A. 3d Cir. Certiorari denied. Reported below: 681 F. 2d 809.

No. 81-6632. HUMPHREY v. UNITED STATES. C. A. 11th Cir. Certiorari denied. Reported below: 670 F. 2d 153.

No. 81-6643. TOWNLEY v. UNITED STATES. C. A. 5th Cir. Certiorari denied. Reported below: 665 F. 2d 579.

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No. 81-6646. MCRARY v. UNITED STATES. C. A. 11th Cir. Certiorari denied. Reported below: 665 F. 2d 674.

No. 81-6648. BENNETT v. UNITED STATES. C. A. 4th Cir. Certiorari denied. Reported below: 675 F. 2d 596.

No. 81-6651. KING v. OKLAHOMA. Ct. Crim. App. Okla. Certiorari denied. Reported below: 640 P. 2d 983.

No. 81-6663. FIOROT v. OKLAHOMA. Ct. Crim. App. Okla. Certiorari denied. Reported below: 641 P. 2d 551. No. 81-6675. WIGGAN v. UNITED STATES. C. A. 6th Cir. Certiorari denied. Reported below: 673 F. 2d 145.

No. 81-6678. WHITLEY v. UNITED STATES. C. A. 6th Cir. Certiorari denied. Reported below: 701 F. 2d 182.

No. 81-1587. BALKCOM, WARDEN v. BATY. C. A. 11th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied. Reported below: 661 F.2d 391.

No. 81-1776. LEWIS v. ILLINOIS. Sup. Ct. Ill.; and

No. 81-6419. MIKENAS v. FLORIDA. Sup. Ct. Fla. Certiorari denied. Reported below: No. 81-1776, 88 Ill. 2d 129, 430 N. E. 2d 1346; No. 81-6419, 407 So. 2d 892.

JUSTICE BRENNAN and JUSTICE MARSHALL, 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.

No. 81-1872. TURF PARADISE, INC. v. ARIZONA DOWNS. C. A. 9th Cir. Certiorari denied. JUSTICE O'CONNOR took no part in the consideration or decision of this petition. Reported below: 670 F. 2d 813.

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No. 81-2044. THREE J FARMS, INC., ET AL. v. ADAMS EXTRACT Co. ET AL. C. A. 5th Cir. Certiorari denied. JUSTICE WHITE and JUSTICE POWELL took no part in the consideration or decision of this petition. Reported below: 659 F.2d 1322.

Rehearing Denied

No. 81-1317. CITY OF PARMA, OHIO v. UNITED STATES, ante, p. 926; and

No. 81-6271. BARHAM v. UNITED STATES, ante, p. 947. Petitions for rehearing denied.

AMENDMENTS TO

FEDERAL RULES OF CIVIL PROCEDURE

The following amendments to the Federal Rules of Civil Procedure were prescribed by the Supreme Court of the United States on April 28, 1982, pursuant to 28 U. S. C. § 2072, and were reported to Congress by THE CHIEF JUSTICE on the same date. For the letter of transmittal, see post, p. 1014. The Judicial Conference Reports referred to in that letter are not reproduced herein.

Note that under 28 U. S. C. § 2072, such amendments do not take effect until so reported to Congress and until the expiration of 90 days thereafter. Moreover, Congress may defer the effective date to a later date or until approved by Act of Congress, or may modify such amendments.

For earlier publication of the Federal Rules of Civil Procedure and amendments thereto, see 308 U. S. 645, 308 U. S. 642, 329 U. S. 839, 335 U. S. 919, 341 U. S. 959, 368 U. S. 1009, 374 U. S. 861, 383 U. S. 1029, 389 U. S. 1121, 398 U. S. 977, 401 U. S. 1017, 419 U. S. 1133, and 446 U. S. 995.

LETTER OF TRANSMITTAL

SUPREME COURT OF THE UNITED STATES

WASHINGTON, D. C.

APRIL 28, 1982

To the Senate and House of Representatives of the United States of America in Congress Assembled:

By direction of the Supreme Court of the United States, I have the honor to submit to the Congress amendments to the Federal Rules of Civil Procedure prescribed pursuant to Section 2072 of Title 28, United States Code;

Amendments to the Federal Rules of Criminal Procedure prescribed pursuant to Sections 3771 and 3772 of Title 18, United States Code; and

Amendments to the Rules and Forms Governing Proceedings in the United States District Courts under Sections 2254 and 2255 of Title 28, United States Code.

Accompanying these rules are excerpts from the Reports of the Judicial Conference of the United States containing the Advisory Committee notes which were submitted to the Court for its consideration pursuant to Section 331 of Title 28, United States Code.

Respectfully,

(Signed) WARREN E. BURGER
Chief Justice of the United States

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