(IV)

(V)

(VI)

When you have fully completed this form, the original and two copies must be mailed to the Clerk of the United States District Court whose address is

This response must be legibly handwritten or typewritten, and signed by the movant under penalty of perjury. Any false statement of a material fact may serve as the basis for prosecution and conviction for perjury. All questions must be answered concisely in the proper space on the form.

Additional pages are not permitted except with respect to the facts which you rely upon in item 4 or 5 in the response. Any citation of authorities should be kept to an absolute minimum and is only appropriate if there has been a change in the law since the judgment you are attacking was rendered.

(VII) Respond to 4 or 5, not to both, unless (II) above indicates that you must answer both sections.

RESPONSE

1. Have you had the assistance of an attorney, other law-trained personnel, or writ writers since the conviction your motion is attacking was entered?

Yes No D

2. If you checked "yes" above, specify as precisely as you can the period(s) of time during which you received such assistance, up to and including the present.

3. Describe the nature of the assistance, including the names of those who rendered it to you.

4. If your motion is in jeopardy because of delay prejudicial to the government under rule 9(a), explain why you feel the delay has not been prejudicial and/or why the delay is excusable under the terms of 9(a). This should be done by relying upon FACTS, not your opinions or conclusions..

5. If your motion is in jeopardy under rule 9(b) because it asserts the same grounds as a previous motion, explain why you feel it deserves a reconsideration. If its fault under rule 9(b) is that it asserts new grounds which should have been included in a prior motion, explain why you are raising these grounds now rather than previously. Your explanation should rely on FACTS, not your opinions or conclusions.

I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on

(date)

Signature of Movant

INDEX

AGENTS' APPARENT AUTHORITY. See Antitrust Acts.

AGGRAVATING CIRCUMSTANCES WARRANTING DEATH SEN-
TENCE. See Criminal Law, 2.

ALABAMA. See Constitutional Law, III, 1.

ALIENS. See Freedom of Information Act, 1.

ANTIFRAUD PROVISIONS OF COMMODITY EXCHANGE ACT.
See Commodity Exchange Act.

ANTITRUST ACTS.

American Society of Mechanical Engineers-Liability for agents'
acts.-Petitioner, a nonprofit membership corporation that promulgates
engineering codes which are frequently incorporated by reference in fed-
eral regulations and state and local laws, is civilly liable for antitrust viola-
tions of its agents committed within scope of their apparent authority;
thus petitioner was liable for antitrust injuries suffered by respondent
where response of petitioner's subcommittee to letter of inquiry from re-
spondent's competitor (one of whose officials was vice chairman of sub-
committee) declared in effect that respondent's product was unsafe, and
where response was used by competitor to discourage customers from buy-
ing respondent's product. American Society of Mechanical Engineers v.
Hydrolevel Corp., p. 556.

APPARENT AUTHORITY OF AGENTS. See Antitrust Acts.
APPORTIONMENT OF ELECTION DISTRICTS. See Reappor-
tionment.

ARMED FORCES.

See also Constitutional Law, VII; Federal Water
Pollution Control Act.

Overseas military bases-Preferential employment of local nationals.—
Word "treaty" as used in § 106 of Pub. L. 92-129, which prohibits employ-
ment discrimination against United States citizens on overseas military
bases unless permitted by "treaty," includes executive agreements such as
1968 agreement between President and Republic of Philippines providing
for preferential employment of Filipino citizens at United States military
bases in Philippines. Weinberger v. Rossi, p. 25.

ARMY AND AIR FORCE EXCHANGE SERVICE. See Tucker Act.

ATTORNEY'S FEES. See Labor Management Relations Act.
AUTOMOBILE SEARCHES. See Constitutional Law, VIII.

BACK PAY ACT. See Tucker Act.

BASTARDS. See Constitutional Law, IV.

BIAS OF MEDICARE HEARING OFFICERS. See Constitutional
Law, III, 3.

BILLS OF LADING. See Interstate Commerce Act.

BOILERS SAFETY CODE. See Antitrust Acts.

BOYCOTTS. See Labor Management Relations Act; National Labor
Relations Act, 2.

BROKERS. See Commodity Exchange Act.

BURDEN OF PROOF AS TO SELF-DEFENSE. See Habeas Cor-
pus, 2.

BUSINESS AGENTS OF UNIONS. See Labor-Management Report-
ing and Disclosure Act of 1959.

CANDIDATE'S PLEDGE TO LOWER SALARY IF ELECTED. See
Constitutional Law, VI.

CAPITAL PUNISHMENT. See Criminal Law, 2.

CARRIERS. See Interstate Commerce Act.

"CAUSE AND ACTUAL PREJUDICE" STANDARD OF REVIEW.
See Criminal Law, 1.

CERTIFICATION OF STATE-LAW QUESTION TO STATE COURT.
See Criminal Law, 2.

CHARITABLE CONTRIBUTIONS.

Standing to Sue.

See Constitutional Law, V;

CITIZENSHIP INFORMATION. See Freedom of Information Act, 1.
CIVIL RIGHTS ACT OF 1964.

1. Employment discrimination-Federal-court action-Effect of state-
court judgment.-In a federal-court employment discrimination action
under Act, District Court was required, under "full faith and credit" provi-
sions of 28 U. S. C. § 1738, to give preclusive effect to a New York court's
decision upholding rejection of petitioner's discrimination claim by state
agency to which, as required by Act, claim had been referred by Equal
Employment Opportunity Commission, where New York's administrative
and judicial procedures for handling such claims satisfied due process re-
quirements of Fourteenth Amendment. Kremer v. Chemical Construc-
tion Corp., p. 461.