398 U.S. May 25, 26, 28, June 1, 1970 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 Second Circuit beginning October 13, 1970, and ending October 16, 1970, and for such further time as may be required to complete unfinished business, pursuant to 28 U. S. C. § 294 (a), is ordered entered on the minutes of this Court, pursuant to 28 U. S. C. § 295. MAY 26, 1970 Dismissal Under Rule 60 No. 1054, Misc. MINK V. MICHIGAN. Sup. Ct. Mich. Petition for writ of certiorari dismissed pursuant to Rule 60 of the Rules of this Court. Miscellaneous Order MAY 28, 1970 No. 2263, Misc. ADDONIZIO v. BARLOW, U. S. DISTRICT JUDGE. D. C. N. J. Application for stay presented to MR. JUSTICE BRENNAN, and by him referred to the Court, denied. MR. JUSTICE BLACK and MR. JUSTICE MARSHALL took no part in the consideration or decision of this application. Appeals Dismissed No. 1409, Misc. JUNE 1, 1970* HARRIS v. CITY OF HOUSTON ET AL. Appeal from Dist. Ct. of Harris County, Tex., dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for a writ of certiorari, certiorari denied. *MR. JUSTICE MARSHALL took no part in the consideration or decision of the orders of this date. No. 1267, Misc. THOMAS ET AL. v. BURSON, DIRECTOR, Department oF FAMILY AND CHILDREN SERVICES. Appeal from D. C. M. D. Ga. dismissed for want of jurisdiction. Miscellaneous Orders No. 36, Orig. TEXAS v. LOUISIANA. Motion for the appointment of a Special Master granted. It is ordered that the Honorable Robert Van Pelt, Senior Judge of the United States District Court for the District of Nebraska, be, and he is hereby, appointed Special Master in this case with authority to fix the time and conditions for filing of additional pleadings and to direct subsequent proceedings, and with authority to summon witnesses, issue subpoenas, and take such evidence as may be introduced and such as he may deem it necessary to call for. The Master is directed to submit such reports as he may deem appropriate. The Master shall be allowed his actual expenses. The allowances to him, the compensation paid to his technical, stenographic, and clerical assistants, the cost of printing his report, and all other proper expenses shall be charged against and be borne by the parties in such proportion as the Court hereafter may direct. It is further ordered that if the position of Special Master in this case becomes vacant during a recess of Court, THE CHIEF JUSTICE shall have authority to make a new designation which shall have the same effect as if originally made by the Court herein. [For earlier order herein, see 397 U. S. 931.] No. STATES ET AL. denied. CALIFORNIA EX REL. SMITH V. UNITED No. 179. ROGERS, SECRETARY OF STATE V. BELLEI. Appeal from D. C. D. C. [Probable jurisdiction noted, 396 U. S. 811; restored to calendar, 397 U. S. 1060.] Motion of appellee to remove case from summary calendar granted and a total of one and one-half hours allotted for oral argument. No. 977. WYMAN, COMMISSIONER OF SOCIAL SERVICES OF NEW YORK V. JAMES ET AL. Appeal from D. C. S. D. N. Y. [Probable jurisdiction noted, 397 U. S. 904.] Application to remove seal from record or permit reference in briefs to sealed material granted. No. 1058. PHILLIPS V. MARTIN MARIETTA CORP. C. A. 5th Cir. [Certiorari granted, 397 U. S. 960.] Motion of Air Line Stewards & Stewardesses Association, Local 550, Transport Workers Union of America, AFLCIO, for leave to file a brief as amicus curiae granted. No. 2031, Misc. TIME, INC. v. FIRESTONE. C. A. 5th Cir. and D. C. S. D. Fla. Motion for leave to file petition for writs of certiorari denied. MR. JUSTICE BLACK and MR. JUSTICE DOUGLAS are of the opinion that certiorari should be granted. No. 2007, Misc. MEYER v. FIELD, MEN'S COLONY SUPERINTENDENT; and No. 2174, Misc. WOOD v. KOLOSKI, WARDEN. MOtions for leave to file petitions for writs of habeas corpus denied. No. 1896, Misc. MILLAN-DIAZ v. AUGELLI, U. S. DISTRICT JUDGE; and No. 1956, Misc. MONTAGUE v. HUNTER, CHIEF JUSTICE, SUPREME COURT OF WASHINGTON. Motions for leave to file petitions for writs of mandamus denied. Certiorari Granted. (See also No. 1347, ante, p. 278; No. 1394, ante, p. 279; and No. 1183, Misc., ante, p. 279.) No. 486, Misc. MCGAUTHA v. CALIFORNIA. Sup. Ct. Cal. Motion for leave to proceed in forma pauperis granted. Certiorari granted limited to Question 1 presented by the petition which reads as follows: "1. Does California's practice of allowing capital trial juries absolute discretion, uncontrolled by standards or directions of any kind, to impose the death penalty upon a defendant convicted of the crime of murder violate the Due Process Clause of the Fourteenth Amendment?" Case transferred to appellate docket. Reported below: 70 Cal. 2d 770, 452 P. 2d 650. No. 709, Misc. CRAMPTON V. OHIO. Sup. Ct. Ohio. Motion for leave to proceed in forma pauperis granted. Certiorari granted limited to Questions 2 and 3 presented by the petition which read as follows: "2. Whether the Ohio statute which provides that the trier of fact shall determine both guilt and punishment in a single verdict in cases of murder in the first degree violates Petitioner's right to be free from self-incrimination. "3. Whether the Ohio statute which provides that the trier of fact may grant or withhold a recommendation of mercy in cases of murder in the first degree, and which provides no standards or criteria to assist the trier of fact in making such determination, violates Petitioner's right to due process and equal protection of the law." Case transferred to appellate docket. Reported below: 18 Ohio St. 2d 182, 248 N. E. 2d 614. No. 780, Misc. BRUNO V. PENNSYLVANIA. Sup. Ct. Pa. Motion for leave to proceed in forma pauperis granted. Certiorari granted and case transferred to appellate docket. Reported below: 435 Pa. 200, 255 A. 2d 519 and 257 A. 2d 47. No. 1022, Misc. HARRIS V. NEW YORK. Ct. App. N. Y. Motion for leave to proceed in forma pauperis granted. Certiorari granted and case transferred to appellate docket. Reported below: 25 N. Y. 2d 175, 250 N. E. 2d 349. Certiorari Denied. (See also No. 1409, Misc., supra.) KAHL V. BREEN ET AL. C. A. 7th Cir. Certiorari denied. Reported below: 419 F. 2d 1034. No. 1274. No. 1301. WILLIAMS v. IOWA. Sup. Ct. Iowa. Certiorari denied. Reported below: 171 N. W. 2d 521. No. 1330. SIBLEY ET AL. v. RURAL ELECTRIFICATION ADMINISTRATION ET AL. C. A. 5th Cir. Certiorari denied. Reported below: 419 F. 2d 384. No. 1348. PACIFIC NATIONAL INSURANCE Co. v. UNITED STATES. C. A. 9th Cir. Certiorari denied. ported below: 422 F. 2d 26. Re No. 1409. BELL v. GOVERNMENT OF THE VIRGIN ISLANDS. C. A. 3d Cir. Certiorari denied. Reported below: 423 F. 2d 692. No. 1411. TURNER V. THOMPSON ET AL. C. A. 5th Cir. Certiorari denied. Reported below: 421 F. 2d 771. No. 1416. IN RE BEDFORD AVIATION, INC. C. A. 1st Cir. Certiorari denied. No. 1417. TERRY V. MARTIN. Sup. Ct. Ore. Certiorari denied. |