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No. 76-1212.

SCIBELLI v. UNITED STATES. C. A. 1st Cir. Certiorari denied. MR. JUSTICE BRENNAN, MR. JUSTICE WHITE, and MR. JUSTICE MARSHALL would grant certiorari. Reported below: 549 F. 2d 222.

No. 76-1438. CATAMORE ENTERPRISES, INC. v. INTERNATIONAL BUSINESS MACHINES CORP. C. A. 1st Cir. Certiorari denied. MR. JUSTICE BLACKMUN took no part in the consideration or decision of this petition. Reported below: 548 F.2d 1065.

No. 76-6571. WOODKINS v. TEXAS. Ct. Crim. App. Tex. Certiorari denied. Reported below: 542 S. W. 2d 855.

MR. JUSTICE BRENNAN and MR. 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 vacate the death sentence in this case.

Rehearing Granted. (See No. 75-720, supra.)

Rehearing Denied

No. 75-1301. DELAWARE TRIBAL BUSINESS COMMITTEE ET AL. v. WEEKS ET AL., 430 U. S. 73;

No. 75–1335. ABSENTEE DELAWARE TRIBE OF OKLAHOMA BUSINESS COMMITTEE ET AL. v. WEEKS ET AL., 430 U. S. 73; No. 75-1495. ANDRUS, SECRETARY OF THE INTERIOR, ET AL. V. WEEKS ET AL., 430 U. S. 73;

No. 76-1090. COOK v. UNITED STATES, 430 U. S. 983; No. 76-1213. WOODS v. UNITED STATES, 430 U. S. 969; No. 76-5933. FILMON V. FLORIDA, 430 U. S. 980; No. 76-6181. SELLMAN v. UNITED STATES, 430 U. S. 972; No. 76-6272. SWEETWINE V. WARDEN, MARYLAND PENITENTIARY, 430 U. S. 973; and

No. 76-6354. DOBBS v. GEORGIA, 430 U. S. 975. Petitions for rehearing denied.

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No. 76-6395. COLEMAN v. GEORGIA, ante, p. 909. Petition for rehearing denied.

No. 76-833. MORROW v. GREYHOUND LINES, INC., 429 U. S. 1095. Petition for rehearing and other relief denied. No. 76-5815. ZANNIS v. UNITED STATES, 430 U. S. 934; and

No. 76-6167. BUSTELL v. BUSTELL, 430 U. S. 925. Motions for leave to file petitions for rehearing denied.

Assignment Order

An order of THE CHIEF JUSTICE designating and assigning Mr. Justice Clark (retired) to perform judicial duties in the United States Court of Appeals for the Fifth Circuit in the case of Willis v. American Bar Assn., pursuant to 28 U. S. C. § 294 (a), is ordered entered on the minutes of this Court, pursuant to 28 U. S. C. § 295.

Affirmed on Appeal

JUNE 13, 1977

No. 76-675. SENDAK, ATTORNEY GENERAL OF INDIANA, ET AL. V. NIHISER, DBA MOVIELAND DRIVE-IN THEATER. Affirmed on appeal from D. C. N. D. Ind. MR. JUSTICE BLACKMUN and MR. JUSTICE REHNQUIST would vacate judgment and remand case for further consideration in light of Trainor v. Hernandez, ante, p. 434. Reported below: See 405 F. Supp. 482.

No. 76-1203. SOWERWINE, TRUSTEE IN BANKRUPTCY V. UNITED STATES ET AL. Affirmed on appeal from D. C. S. D. N. Y. MR. JUSTICE STEWART, MR. JUSTICE REHNQUIST, and MR. JUSTICE STEVENS would dismiss the appeal for want of jurisdiction. Reported below: 427 F. Supp. 1157.

Appeal Dismissed

No. 76-6633. MCDONALD V. PURITY DAIRIES EMPLOYEES FEDERAL CREDIT UNION ET AL. Appeal from Sup. Ct. Tenn. dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.

June 13, 1977

Certiorari Granted-Vacated and Remanded

431 U.S.

No. 76-6483. BATTLE v. UNITED STATES. C. A. 10th Cir. Motion for leave to proceed in forma pauperis and certiorari granted. Upon representation of the Solicitor General set forth in his memorandum for the United States, filed May 24, 1977, judgment vacated, and case remanded to the United States District Court for the Western District of Oklahoma for further consideration in light of the position presently asserted by the Government. MR. JUSTICE WHITE and MR. JUSTICE REHNQUIST dissent.

Miscellaneous Orders

No. A-916. COLLIS v. KENTUCKY. Sup. Ct. Ky. Application for bail, presented to MR. JUSTICE STEVENS, and by him referred to the Court, denied.

No. D-111. IN RE DISBARMENT OF CHAPMAN. It is ordered that Gerald McNamara Chapman of Chicago, Ill., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. D-112. IN RE DISBARMENT OF CAIN. It is ordered that Kenneth R. Cain, of Ozark, Ala., be suspended from the practice of law in this Court and that a rule issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.

No. 76-528. CONSUMERS POWER Co. v. AESCHLIMAN ET AL. C. A. D. C. Cir. [Certiorari granted, 429 U. S. 1090.] Motion of U. S. Labor Party for leave to file a brief as amicus curiae granted. MR. JUSTICE POWELL took no part in the consideration or decision of this motion.

No. 76-1167. CRUMPACKER v. RUMAN ET AL., ante, p. 904. Motion of respondents to assess damages denied.

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No. 76-864. CITY OF LAFAYETTE, LOUISIANA, ET AL. V. LOUISIANA POWER & LIGHT Co. C. A. 5th Cir. [Certiorari granted, 430 U. S. 944.] Motion of National Rural Electric Cooperative Assn. et al. for leave to file a brief as amici curiae granted.

No. 76-938. FEDERAL MARITIME COMMISSION ET AL. v. PACIFIC MARITIME ASSN. ET AL. C. A. D. C. Cir. [Certiorari granted, 430 U. S. 905.] Motion of Wolfsburger TransportGesellschaft m. b. H. for leave to file a brief as amicus curiae granted.

No. 76-1057. KEY ET AL. v. DOYLE ET AL. Appeal from Ct. App. D. C. [Probable jurisdiction postponed, 430 U. S. 929.] Motion of American Jewish Congress for leave to file a brief as amicus curiae granted.

No. 76-1172. FIRST NATIONAL BANK OF BOSTON ET al. v. BELLOTTI, ATTORNEY GENERAL OF MASSACHUSETTS. Appeal from Sup. Jud. Ct. Mass. [Probable jurisdiction postponed, 430 U. S. 964.] Motions of Pacific Legal Foundation, New England Council, and Chamber of Commerce of the United States of America for leave to file briefs as amici curiae granted.

No. 76-1200. CRIST, WARDEN, ET AL. v. CLINE ET AL. Appeal from C. A. 9th Cir. [Probable jurisdiction postponed, 430 U. S. 982.] Motion of appellees for divided argument granted. Motion of appellee Cline for appointment of counsel granted, and it is ordered that W. William Leaphart, Esquire, of Helena, Mont., is appointed to serve as counsel for appellee Cline in this case. Motion of appellee Bretz for leave to proceed in forma pauperis granted.

No. 76-1464. UNIVERSITY OF CHICAGO AND ARGONNE V. MCDANIEL. C. A. 7th Cir. The Solicitor General is invited to file a brief in this case expressing the views of the United States.

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No. 76-5325. BROWDER V. DIRECTOR, DEPARTMENT OF CORRECTIONS OF ILLINOIS. C. A. 7th Cir. [Certiorari granted, 429 U. S. 1072.] Motion of Chicago Council of Lawyers for additional time to participate in oral argument as amicus curiae denied.

No. 76-5856. HOLLOWAY ET AL. V. ARKANSAS. Sup. Ct. Ark. Motion of Robert Alston Newcomb, Esquire, to permit Joseph H. Purvis, Esquire, to argue pro hac vice granted.

No. 76-1419. RATCLIFF v. UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS. Motion for leave to file petition for writ of mandamus denied.

No. 76-6710. JOHNSON v. WOOD, U. S. DISTRICT JUDGE. Motion for leave to file petition for writ of prohibition denied. Probable Jurisdiction Noted

GINIA.

No. 76-1450. LANDMARK COMMUNICATIONS, INC. v. VIRAppeal from Sup. Ct. Va. Probable jurisdiction noted. Reported below: 217 Va. 699, 233 S. E. 2d 120. Certiorari Granted

No. 76-5729. OLIPHANT V. SUQUAMISH INDIAN TRIBE ET AL.; and BELGARDE V. SUQUAMISH INDIAN TRIBE ET AL. Certiorari (first case) and certiorari before judgment (second case) to C. A. 9th Cir. Motion of the Governor of the State of Washington for leave to file a brief as amicus curiae granted. Motion of respondents to strike brief filed by Kitsap County as amicus curiae denied. Motion of petitioners for leave to proceed in forma pauperis and certiorari granted. Reported below: 544 F. 2d 1007 (first case).

No. 76-6528. BURKS v. UNITED STATES. C. A. 6th Cir. Motion of petitioner for leave to proceed in forma pauperis and certiorari granted. Reported below: 547 F. 2d 968.

Certiorari Denied. (See also No. 76-6633, supra.)

No. 75-1772. JONES v. UNITED STATES. C. A. 6th Cir. Certiorari denied. Reported below: 533 F.2d 1387.

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