The motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Second Circuit for further consideration in light of the interpretive guidance issued by the Health Care Financing Administration on September 4, 1998.
The application for release pending appeal addressed to Justice Ginsburg and referred to the Court denied.
M-37 MELVIN JAMES CENTER V. NEW YORK STATE DEDPARTMENTOF AGRICULTURE AND MARKETS, ET AL.
M-38 ANTHONY WAYNE SILVA V. ARTHUR L. KELLY, ET AL.The motions to direct the Clerk to file petitions for writs of certiorari out-of-time are denied.
126, ORIG. KANSAS V. NEBRASKA AND COLORADOThe motion for leave to file a bill of complaint is granted. The motion of Nebraska for leave to file a sur-reply brief is denied. Defendants are allowed 60 days within which to file an answer.
98-34 FERNANDES, NELSON V. ENVIRONMENTAL PROTECTION AGENCYThe motion to direct the Clerk to file a second petition for rehearing is denied.
98-5611 COCHRAN, VIRGIL V. NELSON, MARTHA D., ET AL.The motion of respondents for sanctions is denied.
The petitions for writs of certiorari are denied.
98-652 SBC COMMUNICATIONS, ET AL. V. FCC, ET AL.The motion of Texas Justice Foundation for leave to file a brief as amicus curiae is granted. The petition for a writ of certiorari is denied. Justice O'Connor took no part in the consideration or decision of this motion and this petition.
98-653 BELL ATLANTIC CORP. V. FCC, ET AL.The petition for a writ of certiorari is denied. Justice O'Connor took no part in the consideration or decision of this petition.
98-687 NEW JERSEY V. NELSON, LESLIE A.The motion of respondent for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is denied.
98-737 MARSHALL, JONATHAN, ET AL. V. SUSTER, RONALD, ET AL.The motion of Secretaries of State of Connecticut, et al. for leave to file a brief as amici curiae is granted. The petition for a writ of certiorari is denied.
98-799 KAUTHAR SDN BHD V. STERNBERG, MICHAEL, ET AL.The motion of American Association of Retired Persons, et al. for leave to file a brief as amici curiae is granted. The petition for a writ of certiorari is denied.
98-819 KRELL, RICHARD P., ET AL. V. PRUDENTIAL INS. CO. OF AM. withJustice Breyer took no part in the consideration or decision of these petitions.
98-6065 LOPEZ, EDUARDO V. SINGLETARY, SEC., FL DOCThe motion of petitioner to strike the appendix and portions of brief in opposition is denied. The petition for a writ of certiorari is denied.
The petition for a writ of habeas corpus is denied.
The petitions for writs of mandamus are denied.
98-6927 IN RE BOBBIE L. CELESTINEThe petition for writ of mandamus and/or prohibition is denied.
The petition for a writ of prohibition is denied.
The petitions for rehearing are denied.
98-5735 JONES, JOHNNIE M., ET AL. V. SMITH, SHEARN, ET AL.The motion for leave to file a petition for rehearing is denied.
98-5813 SPIGELSKI, ANNA V. McDONALD'SThe petition for rehearing is denied. Justice Breyer took no part in the consideration or decision of this petition.
Gwen G. Caranchini, of Kansas City, Missouri, having been suspended from the practice of law in this Court by order of February 23, 1998; and a rule having been issued and served upon her requiring her to show cause why she should not be disbarred; and a response having been filed; It is ordered that Gwen G. Caranchini is disbarred from the practice of law in this Court.
D-1934 IN THE MATTER OF DISBARMENT OF GERALD A. SADLERGerald A. Sadler, of Houston, Texas, 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 the practice of law before this Court. The Rule to Show Cause, issued on April 20, 1998, is discharged.
D-1940 IN THE MATTER OF DISBARMENT OF BARBARA KAPLAN LEWINSONBarbara Kaplan Lewinson, of East Brunswick, New Jersey, having been suspended from the practice of law in this Court by order of April 20, 1998; and a rule having been issued and served upon her requiring her to show cause why she should not be disbarred; and the time to file a response having expired; It is ordered that Barbara Kaplan Lewinson is disbarred from the practice of law in this Court.
D-1991 IN THE MATTER OF DISBARMENT OF HERBERT ARNOLD BECKERHerbert Arnold Becker, of Sterling, Virginia, having been suspended from the practice of law in this Court by order of October 5, 1998; and a rule having been issued requiring him to show cause why he should not be disbarred; It is ordered that Herbert Arnold Becker is disbarred from the practice of law in this Court.
D-2000 IN THE MATTER OF DISBARMENT OF DONALD WILSON HENRYDonald Wilson Henry, of Woodland Hills, California, having been suspended from the practice of law in this Court by order of October 13, 1998; and a rule having been issued requiring him to show cause why he should not be disbarred; It is ordered that Donald Wilson Henry is disbarred from the practice of law in this Court.
D-2003 IN THE MATTER OF DISBARMENT OF AMIEL STEPHEN CUETOAmiel Stephen Cueto, of Belleville, Illinois, having been suspended from the practice of law in this Court by order of November 2, 1998; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that Amiel Stephen Cueto is disbarred from the practice of law in this Court.
D-2004 IN THE MATTER OF DISBARMENT OF JAMES A. CONSOLIJames A. Consoli, of Dowingtown, Pennsylvania, having been suspended from the practice of law in this Court by order of November 2, 1998; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that James A. Consoli is disbarred from the practice of law in this Court.
D-2005 IN THE MATTER OF DISBARMENT OF A. CURTIS WASHBURNA. Curtis Washburn, of Rockford, Illinois, having been suspended from the practice of law in this Court by order of November 2, 1998; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and the time to file a response having expired; It is ordered that A. Curtis Washburn is disbarred from the practice of law in this Court.
D-2021 IN THE MATTER OF DISBARMENT OF EDWARD WALKER RECKDENWALDEdward Walker Reckdenwald, of Rockville, New York, is suspended from the practice of law in this Court and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.
D-2022 IN THE MATTER OF DISBARMENT OF KENT WAYNE JACKSONKent Wayne Jackson, of Phoenix, Arizona, is suspended from the practice of law in this Court and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.
D-2023 IN THE MATTER OF DISBARMENT OF BARRETT NEIL WEINBERGERBarrett Neil Weinberger, of Cincinnati, Ohio, is suspended from the practice of law in this Court and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.
D-2024 IN THE MATTER OF DISBARMENT OF NEAL FORMANNeal Forman, of Brooklyn, New York, is suspended from the practice of law in this Court and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.
D-2025 IN THE MATTER OF DISBARMENT OF ALAN HARRIS SEGALAlan Harris Segal, of Newton, Massachusetts, is suspended from the practice of law in this Court and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.
D-2026 IN THE MATTER OF DISBARMENT OF THOMAS PATRICK FREYDLThomas Patrick Freydl, of Bloomfield Hills, Michigan, is suspended from the practice of law in this Court and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.
D-2027 IN THE MATTER OF DISBARMENT OF JOHN MICHAEL GILLJohn Michael Gill, of Glen Burnie, Maryland, is suspended from the practice of law in this Court and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.
D-2028 IN THE MATTER OF DISBARMENT OF WILLIAM PALMER EFIRDWilliam Palmer Efird, of Memphis, Tennessee, is suspended from the practice of law in this Court and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.
D-2029 IN THE MATTER OF DISBARMENT OF ANDREW R. PUGLIAAndrew R. Puglia, of Winter Hill, Massachusetts, is suspended from the practice of law in this Court and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.
D-2030 IN THE MATTER OF DISBARMENT OF MICHAEL S. WEISSMichael S. Weiss, of Mamaroneck, New York, is suspended from the practice of law in this Court and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.
D-2031 IN THE MATTER OF DISBARMENT OF WILLIAM B. CUSTERWilliam B. Custer, of Portland, New York, is suspended from the practice of law in this Court and a rule will issue, returnable within 40 days, requiring him to show cause why he should not be disbarred from the practice of law in this Court.
The Court will take a recess from Monday, January 25, 1999, until Monday, February 22, 1999.