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No. 81-1437. NORTHERN STATES POWER Co. v. UNITED STATES. C. A. 8th Cir. Certiorari denied. JUSTICE WHITE and JUSTICE BLACKMUN would grant certiorari. Reported below: 663 F.2d 55.

No. 81-1521. DAVIS v. UNITED AIR LINES, INC. C. A. 2d Cir. Certiorari denied. JUSTICE BLACKMUN would grant certiorari. Reported below: 662 F. 2d 120.

No. 81-1698. BATTAGLIA v. UNION COUNTY WELFARE BOARD ET AL. Sup. Ct. N. J. Certiorari denied. JUSTICE BLACKMUN would grant certiorari. Reported below: 88 N. J. 48, 438 A. 2d 530.

No. 81-6110. PORTER v. TEXAS. Ct. Crim. App. Tex.; No. 81-6205. BASS v. TEXAS. Ct. Crim. App. Tex.; and No. 81-6352. HANCE v. ZANT, SUPERINTENDENT, GEORGIA DIAGNOSTIC AND CLASSIFICATION CENTER. Super. Ct. Ga., Butts County. Certiorari denied. Reported below: No. 81-6110, 623 S. W. 2d 374; No. 81-6205, 622 S. W. 2d 101.

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.

Rehearing Denied

No. 80-6680. MCELROY v. UNITED STATES, 455 U. S. 642;

No. 81-660. ADDISON SAVMOR, INC. v. UNITED STATES, 454 U. S. 1144;

No. 81-1116. O. HOMMEL Co. v. FERRO CORP., 455 U. S. 1017;

No. 81-1382. ATKINSON v. ATKINSON, AKA GOELZ, ante, p. 905; and

No. 81-6151. CUNNINGHAM v. GEORGIA, 455 U. S. 1038. Petitions for rehearing denied.

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No. 80-1690.

AMERICAN MEDICAL ASSN. ET AL. v. FED

ERAL TRADE COMMISSION, 455 U. S. 676. Petition for rehearing denied. JUSTICE BLACKMUN took no part in the consideration or decision of this petition.

MAY 17, 1982

Dismissals Under Rule 53

No. 81-1733. DREDGE GENERAL G. L. GILLESPIE ET AL. v. MERCHANTS NATIONAL BANK OF MOBILE ET AL. C. A. 5th Cir. Certiorari dismissed under this Court's Rule 53. Reported below: 663 F. 2d 1338.

No. 81-1066. BANCO DE CREDITO RURAL ARGENTINO, S.A. v. BANQUE ARABE ET INTERNATIONALE D'INVESTISSEMENT. Appeal from App. Div., Sup. Ct. N. Y., 1st Jud. Dept., dismissed under this Court's Rule 53. Reported below: 81 App. Div. 2d 1047, 440 N. Y. S. 2d 803.

Affirmed on Appeal

No. 81-1731. SCHATZLE v. KIRKPATRICK, SECRETARY OF STATE OF MISSOURI, ET AL. Affirmed on appeal from D. C. W. D. Mo. Reported below: 541 F. Supp. 922.

JUSTICE REHNQUIST, concurring.

Appellant in this case requests that we overrule Kirkpatrick v. Preisler, 394 U. S. 526 (1969). But here the District Court did not invalidate a reapportionment plan duly adopted by the state legislature; it merely adopted a plan of its own when the legislature was unable to reach agreement. This case, therefore, does not require that we address appellant's suggestion respecting Kirkpatrick v. Preisler, supra.

No. 81-1770. ORWOLL ET AL. v. LACOMB ET AL. Affirmed on appeal from D. C. Minn. JUSTICE STEVENS would note probable jurisdiction and set case for oral argument. JUSTICE BLACKMUN took no part in the consideration or decision of this case. Reported below: 541 F. Supp. 145.

456 U. S.

Appeals Dismissed

May 17, 1982

No. 79-6584. IN RE TRAPP ET AL.

Mo. dismissed for want of jurisdiction.
S. W. 2d 193.

Appeal from Sup. Ct.
Reported below: 593

No. 81-1738. FIRST NATIONAL BANK OF SAINT PAUL V. MINNESOTA, BY LORD, ITS TREASURER. Appeal from Sup. Ct. Minn. dismissed for want of jurisdiction. Reported be

low: 313 N. W. 2d 390.

No. 81-1614. ROSENBERG ET AL. v. JOHNS-MANVILLE SALES CORP. ET AL.; and

No. 81-1615. STEINHARDT, EXECUTRIX v. JOHNSMANVILLE CORP. ET AL. Appeals from Ct. App. N. Y. dismissed for want of jurisdiction. Treating the papers whereon the appeals were taken as petitions for writs of certiorari, certiorari denied. JUSTICE BRENNAN took no part in the consideration or decision of these cases. Reported below: 54 N. Y. 2d 1008, 430 N. E. 2d 1297.

No. 81-1700. GILLILAND V. CITY OF PALMDALE; and GILLILAND ET AL. v. COUNTY OF LOS ANGELES. Appeals from Ct. App. Cal., 2d App. Dist., dismissed for want of substantial federal question. Reported below: 126 Cal. App. 3d 610, 179 Cal. Rptr. 73 (second case).

No. 81-6202. ADDISON ET AL. v. CITY OF CHESTER. Appeal from Sup. Ct. S. C. dismissed for want of substantial federal question. Reported below: 277 S. C. 179, 284 S. E.

2d 579.

No. 81-6424.

BACIK V. PENNSYLVANIA. Appeal from Pa. Commw. Ct. dismissed for want of substantial federal question. Reported below: 61 Pa. Commw. 552, 434 A. 2d

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No. 81-1752. HOWARD v. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, COLORADO, ET AL. 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. Reported below: 640 P. 2d 1128.

Vacated and Remanded on Appeal

No. 81-1649. CITY OF PARMA, OHIO, ET AL. v. RECORD REVOLUTION, No. 6, INC., ET AL. Appeal from C. A. 6th Cir. Judgment vacated and case remanded for further consideration in light of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U. S. 489 (1982). JUSTICE STEVENS took no part in the consideration or decision of this case.

Certiorari Granted-Vacated and Remanded

No. 80-1542. RIVERS, EXECUTOR, ET AL. v. ROSENTHAL & Co. C. A. 5th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Merrill Lynch, Pierce, Fenner & Smith v. Curran, ante, p. 353. Reported below: 634 F. 2d 774.

No. 81-1118. INTERNATIONAL MOLDERS & ALLIED WORKERS UNION, AFL-CIO, LOCAL 342, ET AL. v. TERRELL ET AL. C. A. 5th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Pullman-Standard v. Swint, ante, p. 273. Reported below: 644 F. 2d 1112.

No. 81-1750. WASHINGTON v. GIBSON. C. A. 9th 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 Engle v. Isaac, ante, p. 107, and United States v. Frady, ante, p. 152. Reported below: 665 F. 2d 863.

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No. 81-1800. WHITE-WILSON MEDICAL CLINIC, INC. v. ROBBINS. C. A. 11th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Pullman-Standard v. Swint, ante, p. 273. Reported below: 660 F. 2d 1064.

Miscellaneous Orders

No.

RITTER V. BOARD OF COMMISSIONERS OF ADAMS COUNTY PUBLIC HOSPITAL DISTRICT NO. 1. Motion to direct the Clerk to file the petition for writ of certiorari denied.

No. A-916. IN RE DREFKE. D. C. W. D. Mo. Application for stay, addressed to JUSTICE REHNQUIST and referred to the Court, denied.

No. A-929 (81-1871). MECO, INC. v. SINNETTE, JUDGE, BOYD CIRCUIT COURT, DIVISION II, ET AL. Sup. Ct. Ky. Application for stay, addressed to JUSTICE STEVENS and referred to the Court, denied.

No. D-264. IN RE DISBARMENT OF EILBERG. Disbarment entered. [For earlier order herein, see ante, p. 903.]

No. 81-523. CONTAINER CORPORATION OF AMERICA v. FRANCHISE TAX BOARD. Ct. App. Cal., 1st App. Dist. [Probable jurisdiction noted, ante, p. 960.] Motions of National Association of Manufacturers, Committee on State Taxation of the Council of State Chambers of Commerce, EMI, Limited, and Canadian Imperial Bank of Commerce et al. for leave to file briefs as amici curiae granted. JUSTICE STEVENS took no part in the consideration or decision of these motions.

No. 81-1784. AMERICAN CYANAMID Co. v. OIL, CHEMICAL & ATOMIC WORKERS INTERNATIONAL UNION ET AL. C. A. D. C. Cir. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

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