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No. 75-6021. WOODS v. HARDEN, COMMISSIONER, DEPARTMENT OF HUMAN RESOURCES, ET AL.

appeal from D. C. N. D. Ga.

Appeals Dismissed

Affirmed on

No. 75-656. HAAS v. HAAS. Appeal from Sup. Ct. Miss. dismissed for want of a properly presented federal question. Reported below: 315 So. 2d 447.

No. 75-967. BEARDEN ET AL. v. HARDWARE MUTUAL CASUALTY CO. ET AL. Appeal from Sup. Ct. Mo. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied. Reported below: 528 S. W. 2d 754.

No. 75-5994. FINKEN v. ROOP, ADMINISTRATOR, ALLENTOWN STATE HOSPITAL. Appeal from Super. Ct. Pa. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied. Reported below: 234 Pa. Super. 155, 339 A. 2d 764.

No. 75–1061. WESTERN GRAIN Co. V. ALABAMA. Appeal from Ct. Civ. App. Ala. dismissed for want of substantial federal question. Reported below: 55 Ala. App. 690, 318 So. 2d 719.

No. 75-6108. HARDY V. OHIO. Appeal from Sup. Ct. Ohio dismissed for want of substantial federal question. MR. JUSTICE WHITE Would note probable jurisdiction and set case for oral argument.

Certiorari Granted-Vacated and Remanded

No. 74-1420. JAMES v. UNITED STATES. C. A. 6th Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Commis

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sioner of Internal Revenue v. Shapiro, ante, p. 614. MR. JUSTICE STEVENS took no part in the consideration or decision of this case. Reported below: 510 F. 2d 860.

No. 74-1476. UNITED STATES v. SELLERS; and

No. 74-6503. SELLERS v. UNITED STATES. C. A. 4th Cir. Motion of petitioner in No. 74-6503 for leave to proceed in forma pauperis granted. Certiorari granted, judgment vacated, and cases remanded for further consideration in light of United States v. Gaddis, ante, p. 544. MR. JUSTICE STEVENS took no part in the consideration or decision of these cases. Reported below: 520 F.2d 1281.

C. A. 4th

No. 75-167. UNITED STATES V. PHILLIPS. 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 United States v. Gaddis, ante, p. 544. MR. JUSTICE STEVENS took no part in the consideration or decision of this case. Reported below: 518 F. 2d 108.

No. 75-272. WILLIAMS, DISTRICT ATTORNEY GENERAL v. HILLIARD. C. A. 6th 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 Imbler v. Pachtman, ante, p. 409. Reported below: 516 F. 2d 1344.

Miscellaneous Orders

No. A-760. CALIFORNIA STATE BOARD OF OPTOMETRY v. CALIFORNIA CITIZENS ACTION GROUP ET AL. Application to stay preliminary injunction entered by the United States District Court for the Central District of California, entered February 5, 1976, presented to MR. JusTICE REHNQUIST, and by him referred to the Court, granted pending further order of the Court. MR. JUS

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Motion of

TICE STEVENS would deny the application.
Terminal-Hudson Electronics of California, Inc., dba
Opti-Cal, for leave to intervene as an appellee denied.

No. 74-1487. UNITED STATES v. MACCOLLOM. C. A. 9th Cir. [Certiorari granted, 423 U. S. 821.] Motion of the Solicitor General to permit Frank H. Easterbrook, Esquire, to argue pro hac vice on behalf of the United States granted.

No. 74-6257. GREGG v. GEORGIA.

Sup. Ct. Ga.;

No. 75-5394. JUREK V. TEXAS. Ct. Crim. App. Tex.; WOODSON ET AL. v. NORTH CAROLINA.

No. 75-5491.

Sup. Ct. N. C.;

No. 75-5706. PROFFITT V. FLORIDA. Sup. Ct. Fla.; and

No. 75-5844. ROBERTS v. LOUISIANA. Sup. Ct. La. [Certiorari granted, 423 U. S. 1082.] Motion of the Attorney General of California for leave to participate in oral argument as amicus curiae granted.

No. 75-130. QUINN, COMMISSIONER, CHICAGO FIRE DEPARTMENT v. MUSCARE. C. A. 7th Cir. [Certiorari granted, 423 U. S. 891.] Motion of American Federation of Labor & Congress of Industrial Organizations for leave to file a brief as amicus curiae granted. MR. JUSTICE STEVENS took no part in the consideration or decision of this motion.

No. 75-552. KLEPPE, SECRETARY OF THE INTERIOR, ET AL. v. SIERRA CLUB ET AL.; and

No. 75-561. AMERICAN ELECTRIC POWER SYSTEM ET AL. v. SIERRA CLUB ET AL. C. A. D. C. Cir. C. A. D. C. Cir. [Certiorari granted, 423 U. S. 1047.] Joint motion of petitioners for additional time for oral argument granted and 15 additional minutes allotted for that purpose. Respondents also allotted 15 additional minutes for oral argument.

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No. 75-567. OREGON EX REL. STATE LAND BOARD V. CORVALLIS SAND & GRAVEL Co.; and

No. 75-577. CORVALLIS SAND & GRAVEL Co. v. OREGON EX REL. STATE LAND BOARD. Sup. Ct. Ore. [Certiorari granted, 423 U. S. 1048.] Motion of Corvallis Sand & Gravel Co. et al. for additional time for oral argument denied. Motion of Attorney General of California for leave to participate in oral argument as amicus curiae denied.

No. 75-616. VILLAGE OF ARLINGTON HEIGHTS ET AL. v. METROPOLITAN HOUSING DEVELOPMENT CORP. ET AL. C. A. 7th Cir. [Certiorari granted, 423 U. S. 1030.] Motions of League of Women Voters of the United States et al. and American Society of Planning Officials for leave to file briefs as amici curiae granted. MR. JUSTICE STEVENS took no part in the consideration or decision of these motions.

No. 75-929. ESTELLE, CORRECTIONS DIRECTOR, ET AL. v. GAMBLE. C. A. 5th Cir. [Certiorari granted, ante, p. 907.] Motion of Attorney General of Texas to permit Bert W. Pluymen, Esquire, to argue pro hac vice on behalf of petitioners granted.

No. 75-6211. SANDERS v. GAGNON, WARDEN; No. 75-6218. ASHINSKY v. UNITED STATES; and No. 75-6262. MILLETICH V. REES, WARDEN. Motions for leave to file petitions for writs of habeas corpus denied.

No. 75-6057.

PROFFITT v. UNITED STATES COURT OF

APPEALS FOR THE THIRD CIRCUIT;

No. 75-6103. WHIPPLE v. UNITED STATES; and

No. 75-6183. SPEED V. JOHNSON, U. S. ATTORNEY. Motions for leave to file petitions for writs of mandamus denied.

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No. 75-6031. APPEALS FOR THE NINTH CIRCUIT. Motion for leave to file petition for writ of mandamus and/or prohibition denied.

DINSIO v. UNITED STATES COURT OF

Probable Jurisdiction Noted

No. 75-1019. BOSTON STOCK EXCHANGE ET AL. v. STATE TAX COMMISSION ET AL. Appeal from Ct. App. N. Y. Probable jurisdiction noted. Reported below: 37 N. Y. 2d 535, 337 N. E. 2d 758.

No. 75-1064. KREMENS, HOSPITAL DIRECTOR, ET AL. V. BARTLEY ET AL. Appeal from D. C. E. D. Pa. Probable jurisdiction noted. Reported below: 402 F. Supp. 1039.

TRIMBLE ET AL. V. GORDON ET AL. Ap

No. 75-5952. peal from Sup. Ct. Ill. forma pauperis granted.

Certiorari Granted

Motion for leave to proceed in

Probable jurisdiction noted.

No. 75-746. ATLAS ROOFING CO., INC. v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION ET AL. C. A. 5th Cir.; and

No. 75-748. FRANK IREY, JR., INC. v. OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION ET AL. C. A. 3d Cir. Certiorari granted limited to Question 2 presented by the petitions which reads as follows: "Assuming arguendo that such civil penalties and enforcement procedures are civil in nature and effect, whether such procedures deny the defendant employer his right to jury trial guaranteed by the Seventh Amendment to the Constitution." Cases consolidated and a total of one hour allotted for oral argument. Reported below: No. 75746, 518 F. 2d 990; No. 75-748, 519 F. 2d 1200.

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