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No. 92-5895.

tiorari denied.

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BROWN v. UNITED STATES. C. A. 4th Cir. Cer-
Reported below: 972 F. 2d 343.

No. 92-5900. BENJAMIN v. HAWLEY, WARDEN. C. A. 6th Cir. Certiorari denied.

No. 92-5908. WEAVER v. UNITED STATES. C. A. 10th Cir. Certiorari denied. Reported below: 968 F. 2d 1224.

No. 92-5912. BUTLER v. UNITED STATES. C. A. 4th Cir. Certiorari denied. Reported below: 962 F. 2d 8.

No. 92-5913. USHERY v. UNITED STATES. C. A. 6th Cir. Certiorari denied. Reported below: 968 F. 2d 575.

No. 92-5924. WALKER v. UNITED STATES. C. A. 6th Cir. Certiorari denied. Reported below: 966 F. 2d 1455.

No. 92-5936. GEBOW v. UNITED STATES. C. A. 2d Cir. Certiorari denied. Reported below: 970 F. 2d 897.

No. 92-5937.

GARRISON v. UNITED STATES. C. A. 11th Cir. Certiorari denied. Reported below: 963 F. 2d 1462.

No. 92-5949. JOHNSON v. UNITED STATES. C. A. 4th Cir.

Certiorari denied.

No. 92-5952.

Certiorari denied.

Reported below: 968 F. 2d 1212.

GAETANO v. UNITED STATES. C. A. 11th Cir.
Reported below: 963 F. 2d 385.

No. 92-5960. HOUSLEY v. UNITED STATES. C. A. 9th Cir. Certiorari denied. Reported below: 955 F. 2d 622.

No. 92-5970. HOLGUIN v. HUGHES ET AL. C. A. 9th Cir. Certiorari denied. Reported below: 967 F. 2d 586.

No. 91-1740. LOCAL UNION NUMBER 3, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AMERICAN FEDERATION OF LABOR AND CONGRESS OF INDUSTRIAL ORGANIZATIONS v. WICKHAM CONTRACTING CO., INC., ET AL. C. A. 2d Cir. Certiorari denied. JUSTICE WHITE would grant certiorari. Reported below: 955 F. 2d 831.

No. 92-339. BOWERS v. TAYLOR. C. A. 8th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied. Reported below: 966 F. 2d 417.

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No. 92-363. 995 FIFTH AVENUE ASSOCIATES, L. P. v. NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE ET AL. C. A. 2d Cir. Motion of L. A. Cotton Co. et al. for leave to file a brief as amici curiae granted. Certiorari denied. Reported below: 963 F. 2d 503.

Rehearing Denied

No. 91-1737. SHISEIDO COSMETICS (AMERICA) LTD. v. FRANCHISE TAX BOARD OF CALIFORNIA, 505 U. S. 1205. Motion for leave to file petition for rehearing denied.

Certiorari Denied

OCTOBER 21, 1992

No. 92-6303 (A-324). GRUBBS v. DELO, SUPERINTENDENT, PoTOSI CORRECTIONAL CENTER. C. A. 8th Cir. Application for stay of execution of sentence of death, presented to JUSTICE BLACKMUN, and by him referred to the Court, denied. Certiorari denied. The order heretofore entered by JUSTICE BLACKMUN [post, p. 1301] is vacated.

JUSTICE BLACKMUN, dissenting.

I would not vacate the existing stay. I would continue the stay so that the District Court may consider the merits of Grubbs' first claim for relief and the weight to be given Doctor A. E. Daniel's affidavit.

JUSTICE STEVENS, dissenting.

For me, the respondent's failure to file a motion to vacate the stay entered by JUSTICE BLACKMUN is a sufficient reason for allowing that stay to remain in effect. Moreover, if such a motion were filed, I would vote to deny it because I do not believe the petition for certiorari should be acted upon before the Court decides the pending case of Herrera v. Collins, No. 91-7328.

JUSTICE SOUTER, dissenting.

I would grant the petition for writ of certiorari, summarily vacate the order of the Court of Appeals, and remand with instructions to remand to the District Court for consideration of a claim under Sawyer v. Whitley, 505 U. S. 333 (1992).

October 22, 29, 30, November 2, 1992

Certiorari Denied

OCTOBER 22, 1992

506 U.S.

No. 92-6260 (A-318). GARDNER v. DIXON, WARDEN. C. A. 4th Cir. Application for stay of execution of sentence of death, presented to THE CHIEF JUSTICE, and by him referred to the Court, denied. Certiorari denied. JUSTICE BLACKMUN and JUSTICE STEVENS would grant the application for stay. Reported below: 966 F. 2d 1442.

No. 92-6314 (A-328). GARDNER v. DIXON, WARDEN. C. A. 4th Cir. Application for stay of execution of sentence of death, presented to THE CHIEF JUSTICE, and by him referred to the Court, denied. Certiorari denied. Reported below: 979 F. 2d 847.

OCTOBER 29, 1992

Dismissals Under Rule 46

No. 92-31. CHINA EVERBRIGHT TRADING Co. v. TIMBER FALLING CONSULTANTS, INC.; and

No. 92-305. TIMBER FALLING CONSULTANTS, INC. v. CHINA EVERBRIGHT TRADING Co. C. A. 9th Cir. Certiorari dismissed under this Court's Rule 46. Reported below: 959 F. 2d 1468.

OCTOBER 30, 1992

Dismissal Under Rule 46

No. 92-494. CASARES ET AL. v. SPENDTHRIFT FARM, INC., ET AL. C. A. 9th Cir. Certiorari dismissed under this Court's Rule 46. Reported below: 968 F. 2d 810.

Affirmed on Appeal

NOVEMBER 2, 1992

No. 92-522. GARDNER ET AL. v. ILLINOIS LEGISLATIVE REDISTRICTING COMMISSION ET AL. Affirmed on appeal from D. C. N. D. Ill. Reported below: 786 F. Supp. 704 and 792 F. Supp. 1110.

Certiorari Granted-Vacated and Remanded

No. 91-1993. CONTINENTAL CASUALTY Co. v. FIBREBOARD CORP. C. A. 9th Cir. Certiorari granted, judgment vacated, and

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case remanded to the Court of Appeals to consider the question of mootness. Reported below: 953 F. 2d 1386.

No. 92-5152. HAPP v. FLORIDA. Sup. Ct. Fla. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari granted, judgment vacated, and case remanded for further consideration in light of Espinosa v. Florida, 505 U. S. 1079 (1992). Reported below: 596 So. 2d 991.

Miscellaneous Orders. (See also Nos. 92-5584 and 92-5618, ante, p. 1.)

No. A-352. EDWARDS, GOVERNOR OF LOUISIANA, ET AL. v. SCHIRMER ET AL. Application for stay of injunction entered by the United States Court of Appeals for the Fifth Circuit, presented to JUSTICE SCALIA, and by him referred to the Court, denied.

No. D-1090. IN RE DISBARMENT OF GARNER. Motion to reconsider disbarment order [504 U. S. 938] denied.

No. D-1160. IN RE DISBARMENT OF WEIL. Disbarment entered. [For earlier order herein, see 505 U. S. 1242.]

No. D-1161. IN RE DISBARMENT OF JONES. Curtis Larenzo Jones, Jr., 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 September 4, 1992 [505 U. S. 1242], is hereby discharged.

No. D-1191. IN RE DISBARMENT OF SKRYD. It is ordered that Thomas J. Skryd, of Cicero, 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-1192. IN RE DISBARMENT OF ALBAN. It is ordered that Bennett Alban, 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-1193. IN RE DISBARMENT OF MCGOWAN. It is ordered that Terrance Leon McGowan, of Santa Barbara, Cal., be sus

November 2, 1992

506 U.S. pended 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-1194. IN RE DISBARMENT OF CAPLAN. It is ordered that Walter Harry Caplan, of San Francisco, 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-1195. IN RE DISBARMENT OF CASPER. It is ordered that Howard J. Casper, of Philadelphia, Pa., 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-1196. IN RE DISBARMENT OF HARLAN. It is ordered that James Irving Harlan, of Dallas, Tex., 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-1197. IN RE DISBARMENT OF HAWKINS. It is ordered that J. Dare Hawkins, of Houston, Tex., 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-1198. IN RE DISBARMENT OF WATROUS. It is ordered that Ira Watrous, of Houston, Tex., 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-1199. IN RE DISBARMENT OF KIRK. It is ordered that Mitchell Wayne Kirk, of Baltimore, Md., 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-1200. IN RE DISBARMENT OF SIMON. It is ordered that Dennis J. Simon, of Coral Springs, Fla., 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.

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