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UNITED STATES REPORTS

VOLUME 404

CASES ADJUDGED

IN

THE SUPREME COURT

AT

OCTOBER TERM, 1971

(BEGINNING OF TERM)

OCTOBER 6, 1971, THROUGH JANUARY 27, 1972
TOGETHER WITH IN-VACATION DISMISSALS AND OPINIONS
OF INDIVIDUAL JUSTICES IN CHAMBERS

HENRY PUTZEL, jr.

REPORTER OF DECISIONS

UNITED STATES

UNIVERSITY OF CALIFO..

GOVERNMENT PRINTING OFFICE

WASHINGTON: 1972

For sale by the Superintendent of Documents, U.S. Government Printing Office
Washington, D.C. 20402 -

REPRINTED IN TAIWAN

JUSTICES

OF THE

SUPREME COURT

DURING THE TIME OF THESE REPORTS'

WARREN E. BURGER, CHIEF JUSTICE.
WILLIAM O. DOUGLAS, ASSOCIATE JUSTICE.
WILLIAM J. BRENNAN, JR., ASSOCIATE JUSTICE.
POTTER STEWART, ASSOCIATE JUSTICE.
BYRON R. WHITE, ASSOCIATE JUSTICE.

THURGOOD MARSHALL, ASSOCIATE JUSTICE.
HARRY A. BLACKMUN, ASSOCIATE JUSTICE.
LEWIS F. POWELL, JR., ASSOCIATE JUSTICE.1
WILLIAM H. REHNQUIST, ASSOCIATE JUSTICE."

RETIRED

EARL WARREN, CHIEF JUSTICE.
STANLEY REED, ASSOCIATE JUSTICE.
TOM C. CLARK, ASSOCIATE JUSTICE.
JOHN M. HARLAN, ASSOCIATE JUSTICE.3

OFFICERS OF THE COURT

JOHN N. MITCHELL, ATTORNEY GENERAL.
ERWIN N. GRISWOLD, SOLICITOR GENERAL.
E. ROBERT SEAVER, CLERK.

HENRY PUTZEL, jr., REPORTER OF DECISIONS.
FRANK M. HEPLER, MARSHAL.*

4

HENRY CHARLES HALLAM, JR., LIBRARIAN.

*Mr. Justice Black, who retired effective September 17, 1971, died September 25, 1971. See also post, p. vii.

For other notes, see p. IV.

NOTES

1 THE HONORABLE LEWIS F. POWELL, JR., of Virginia, was nominated by President Nixon on October 22, 1971, to be an Associate Justice of this Court; the nomination was confirmed by the Senate on December 6, 1971; he was commissioned on December 9, 1971; and he took the oath and his seat on January 7, 1972. See also post, p. XI.

2 THE HONORABLE WILLIAM H. REHNQUIST, of Arizona, was nominated by President Nixon on October 22, 1971, to be an Associate Justice of this Court; the nomination was confirmed by the Senate on December 10, 1971; he was commissioned on December 15, 1971; and he took the oath and his seat on January 7, 1972. See also post, p. xv.

4

3 Mr. Justice Harlan, who retired effective September 23, 1971, see also post, p. ix, died December 29, 1971, see also post, p. xix. Mr. Frank M. Hepler, who was appointed Marshal on December 20, 1971, see also post, p. 997, took office on January 1, 1972. He succeeded Mr. T. Perry Lippitt, who retired effective December 31, 1971, see also post, p. xxi.

IV

SUPREME COURT OF THE UNITED STATES

ALLOTMENT OF JUSTICES

It is ordered that the following allotment be made of the Chief Justice and Associate Justices of this Court among the circuits, pursuant to Title 28, United States Code, Section 42, and that such allotment be entered of record, viz.:

For the District of Columbia Circuit, WARREN E. BURGER, Chief Justice.

For the First Circuit, WILLIAM J. BRENNAN, JR., Associate Justice.

For the Second Circuit, THURGOOD MARSHALL, ASSOciate Justice.

For the Third Circuit, WILLIAM J. BRENNAN, JR., Associate Justice.

For the Fourth Circuit, WARREN E. BURGER, Chief Justice.

For the Fifth Circuit, LEWIS F. POWELL, JR., Associate Justice.

For the Sixth Circuit, POTTER STEWART, Associate Justice.

For the Seventh Circuit, WILLIAM H. REHNQUIST, Associate Justice.

For the Eighth Circuit, HARRY A. BLACKMUN, Associate Justice.

For the Ninth Circuit, WILLIAM O. DOUGLAS, Associate Justice.

For the Tenth Circuit, BYRON R. WHITE, Associate Justice.

January 7, 1972.

(For next previous allotment, see 403 U. S., p. iv.)

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