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judgment vacated, and case remanded for further consideration in light of Cipollone v. Liggett Group, Inc., 505 U. S. 504 (1992). Reported below: 959 F. 2d 158.

Miscellaneous Orders
No.

PHILLIPS v. CITY OF THOMASTON ET AL. Motion to direct the Clerk to file petition for writ of certiorari out of time denied.

No. A-229. DEWITT v. FOLEY, SPEAKER OF THE UNITED STATES HOUSE OF REPRESENTATIVES. D. C. N. D. Cal. Application for stay, addressed to JUSTICE SCALIA and referred to the Court, denied.

No. A-244 (92–5794). COTTAM V. LUZERNE COUNTY CHILDREN AND YOUTH SERVICES. Sup. Ct. Pa. Application for stay, addressed to JUSTICE O'CONNOR and referred to the Court, denied.

No. D-1119. IN RE DISBARMENT OF O'HARA. Disbarment entered. (For earlier order herein, see 504 U. S. 904.]

No. D-1130. IN RE DISBARMENT OF BANDY. Disbarment entered. [For earlier order herein, see 504 U. S. 954.]

No. D-1131. IN RE DISBARMENT OF BRITTON. Disbarment entered. [For earlier order herein, see 504 U. S. 969.]

No. D-1132. IN RE DISBARMENT OF KAISER. Disbarment entered. (For earlier order herein, see 504 U. S. 969.]

No. D-1133. IN RE DISBARMENT OF SNYDER. Disbarment entered. [For earlier order herein, see 504 U. S. 969.]

No. D-1142. IN RE DISBARMENT OF SHAUGHNESSY. Robert William Shaughnessy, of Miami, Fla., having requested to resign as a member of the Bar of this Court, it is ordered that his name be stricken from the roll of attorneys admitted to practice before the Bar of this Court. The rule to show cause, heretofore issued on June 29, 1992 [505 U. S. 1217], is hereby discharged.

No. D-1148. IN RE DISBARMENT OF TREVASKIS. It having been reported to the Court by John Rogers Carroll, of Media, Pa., that John P. Trevaskis, Jr., has died, the rule to show cause, heretofore issued on August 18, 1992 [505 U. S. 1238], is hereby discharged.

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No. D-1166. IN RE DISBARMENT OF BRODSKY. It is ordered that David L. Brodsky, of Clive, Iowa, 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-1167. IN RE DISBARMENT OF BOETTNER. It is ordered that John L. Boettner, Jr., of Charleston, W. Va., 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-1168. IN RE DISBARMENT OF MITCHELL. It is ordered that Carl M. Mitchell, of Hauppauge, N. Y., 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-1169. IN RE DISBARMENT OF MULDERIG. It is ordered that William M. Mulderig, of Tallman, N. Y., 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-1170. IN RE DISBARMENT OF SANDBERG. It is ordered that George Sandberg, of Patchogue, N. Y., 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-1171. IN RE DISBARMENT OF SIMON. It is ordered that Richard Dennis Simon, of Hauppauge, N. Y., 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-1172. IN RE DISBARMENT OF RAUCH. It is ordered that Allan Harold Rauch, of Des Moines, Iowa, 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-1173. IN RE DISBARMENT OF ROMER. It is ordered that Steven J. Romer, of Fishkill, N. Y., be suspended from the

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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-1174. IN RE DISBARMENT OF TATE. It is ordered that John T. Tate, Jr., of Pasadena, Cal., 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-1175. IN RE DISBARMENT OF HICKEY. It is ordered that William James Hickey, of Bakersfield, Cal., 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. 91–790. CSX TRANSPORTATION, INC. v. EASTERWOOD; and

No. 91–1206. EASTERWOOD V. CSX TRANSPORTATION, INC. C. A. 11th Cir. (Certiorari granted, 505 U. S. 1217.] Motion of the Solicitor General to permit William K. Kelley, Esq., to present oral argument pro hac vice granted.

No. 91–2012. HOLDER, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS COUNTY COMMISSIONER FOR BLECKLEY COUNTY, GEORGIA, ET AL. v. HALL ET AL. C. A. 11th Cir.; and

No. 92–74. DEPARTMENT OF REVENUE OF OREGON V. ACF INDUSTRIES, INC., ET AL. C. A. 9th Cir. The Solicitor General is invited to file briefs in these cases expressing the views of the United States.

No. 92–5505. DEAN V. SMITH ET AL. C. A. 11th Cir. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner is allowed until November 3, 1992, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court.

JUSTICE STEVENS, dissenting.

For the reasons expressed in Brown v. Herald Co., 464 U. S. 928 (1983), I would deny the petition for writ of certiorari without reaching the merits of the motion to proceed in forma pauperis.

No. 92-5542. HUDSON V. NEW YORK. App. Term, Sup. Ct. N. Y., 9th and 10th Jud. Dists. Motion of petitioner for leave to proceed in forma pauperis denied. Petitioner is allowed until

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November 3, 1992, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court.

JUSTICE BLACKMUN and JUSTICE STEVENS, dissenting.

For the reasons expressed in Brown v. Herald Co., 464 U. S. 928 (1983), we would deny the petition for writ of certiorari without reaching the merits of the motion to proceed in forma pauperis.

No. 92–326. IN RE MCDONALD;
No. 92–5527. IN RE SMITH;
No. 92–5564. IN RE WALKER; and

No. 92–5596. IN RE ELLIS. Petitions for writs of mandamus denied.

No. 92–265. IN RE VASQUEZ, WARDEN, ET AL. Petition for writ of mandamus dismissed as moot.

Certiorari Granted

No. 91–2079. GOOD SAMARITAN HOSPITAL ET AL. v. SULLIVAN, SECRETARY OF HEALTH AND HUMAN SERVICES. C. A. 8th Cir. Certiorari granted. Reported below: 952 F. 2d 1017.

No. 92–102. DAUBERT ET UX., INDIVIDUALLY AND AS GUARDIANS AD LITEM FOR DAUBERT, ET AL. V. MERRELL Dow PHARMACEUTICALS, INC. C. A. 9th Cir. Certiorari granted. Reported below: 951 F. 2d 1128.

No. 91–7604. ANTOINE V. BYERS & ANDERSON, INC., ET AL. C. A. 9th Cir. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari granted. Reported below: 950 F. 2d 1471.

Certiorari Denied

No. 91-7913. BROWN v. ESTELLE, WARDEN. C. A. 9th Cir. Certiorari denied. Reported below: 953 F. 2d 1386.

No. 91-8407. WHEELER V. SIMS ET AL. C. A. 7th Cir. Certiorari denied. Reported below: 951 F. 2d 796.

No. 91-8451. STARLING v. UNITED STATES. C. A. 6th Cir. Certiorari denied. Reported below: 954 F. 2d 725.

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No. 91–8498. WALLACE v. NORTH CAROLINA. Ct. App. N. C. Certiorari denied. Reported below: 104 N. C. App. 498, 410 S. E. 2d 226.

No. 91-8518. CARPINO V. DEMOSTHENES ET AL. C. A. 9th Cir. Certiorari denied. Reported below: 952 F. 2d 406.

No. 91–8607. CARD V. IDAHO. Sup. Ct. Idaho. Certiorari denied. Reported below: 121 Idaho 425, 825 P. 2d 1081.

No. 91–8628. FERDIK v. BONZELET, SHERIFF, ET AL. C. A. 9th Cir. Certiorari denied. Reported below: 963 F. 2d 1258.

No. 91-8713. JENKINS v. PURKETT, SUPERINTENDENT, FARMINGTON CORRECTIONAL CENTER. C. A. 8th Cir. Certiorari denied. Reported below: 963 F. 2d 1117.

No. 92–6. BOLADO v. UNITED STATES. Ct. Mil. App. Certiorari denied. Reported below: 36 M. J. 2.

No. 92–17. POLLARD V. UNITED STATES. C. A. D. C. Cir. Certiorari denied. Reported below: 295 U. S. App. D. C. 7, 959 F. 2d 1011.

No. 92–64. TUCKER V. UNITED STATES. C. A. 4th Cir. Certiorari denied. Reported below: 956 F. 2d 1163.

No. 92–69. CLARK ET AL. V. JENKINS ET AL. C. A. 8th Cir. Certiorari denied. Reported below: 962 F. 2d 762.

No. 92–79. KAIMOWITZ v. FREDERICK, INDIVIDUALLY AND AS MAYOR OF CITY OF ORLANDO, ET AL. C. A. 11th Cir. Certiorari denied. Reported below: 952 F. 2d 410.

No. 92–123. WILLIAMS V. UNITED STATES. C. A. 6th Cir. Certiorari denied. Reported below: 958 F. 2d 372.

No. 92–128. BEDELL ET AL. V. MARTIN, SECRETARY OF LABOR, ET AL. C. A. 5th Cir. Certiorari denied. Reported below: 955 F. 2d 1029.

No. 92–130. BUILDING & CONSTRUCTION TRADES DEPARTMENT, AFL-CIO, ET AL. V. MARTIN, SECRETARY OF LABOR, ET AL. C. A. D. C. Cir. Certiorari denied. Reported below: 295 U. S. App. D. C. 182, 961 F. 2d 269.

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