FRIDAY, JUNE 26, 1998

CERTIORARI -- SUMMARY DISPOSITION

97-232 EDDY POTASH, INC. V. HARRISON, JEANNE

The petition for a writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Tenth Circuit for further consideration in light of Faragher v. City of Boca Raton, 524 U. S. _____ (1998).

97-726 REYNOLDS, ARLENE V. CSX TRANSP., INC., ET AL.

The petition for a writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Eleventh Circuit for further consideration in light of Faragher v. City of Boca Raton, 524 U. S. _____ (1998).

97-1058 STEWART, DIR., AZ DOC, ET AL V. FALCONE, KENNETH JOHN

The petition for a writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Ninth Circuit for further consideration in light of Monge v. California, 524 U. S. _____ (1998).

97-1777 B.C. ROGERS PROCESSORS V. BOC GROUP, INC., ET AL.

The petition for a writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Eleventh Circuit for further consideration in light of Lexecon, Inc. v. Milberg Weiss Bershad Hynes & Lerach, 523 U. S. _____ (1998).

97-5760 DICKEY, BILLY D. V. UNITED STATES

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 Fifth Circuit for further consideration in light of Lindh v. Murphy, 520 U. S. _____ (1997).

ORDERS IN PENDING CASES

M-82 DARRELL K. BERRY V. LOUISIANA DEPARTMENT OF PUBLIC SAFETY

The motion to direct the Clerk to file a petition for a writ of certiorari out-of-time under Rule 14.5 denied.

M-83 SYLVESTER ABRAMS V. PAUL BARNETT, WARDEN
M-87 SAMMY DAVID ROBERTS V. MICHAEL L. MOORE, DIRECTOR, SOUTH

CAROLINA DEPARTMENT OF CORRECTIONS, ET AL. The motions to direct the Clerk to file petitions for writs of certiorari out-of-time are denied.

97-826 AT&T CORP., ET AL. V. IA UTILITIES BD., ET AL. with
97-829 MCI TELECOMMUNICATIONS CORP. V. IA UTILITIES BD., ET AL.
97-830 ASSN. FOR LOCAL TELECOM. V. IA UTILITIES BD., ET AL.
97-831 FCC, ET AL. V. IA UTILITIES BD., ET AL.
97-1075 AMERITECH CORP., ET AL. V. FCC, ET AL.
97-1087 GTE MIDWEST V. FCC, ET AL.
97-1099 U S WEST, INC. V. FCC, ET AL.
97-1141 SO. NEW ENGLAND TEL., ET AL. V. FCC, ET AL.

argument is granted. Justice O'Connor took no part in the consideration or decision of this motion.

97-889 WRIGHT, CEASAR V. UNIVERSAL MARITIME SERV.

The motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.

97-930 BUCKLEY, SEC. OF ST. OF CO V. AM. CONST. LAW FNDN., ET AL.

The motion of Initiative & Referendum Institute for leave to file a brief as amicus curiae is granted. The motion of National Voter Outreach, Inc. for leave to file a brief as amicus curiae is granted.

97-1130 PFAFF, WAYNE V. WELLS ELEC., INC.

The motion of Federal Circuit Bar Association for leave to file a brief as amicus curiae is granted.

97-1184 NFFE, LOCAL 1309 V. DEPT. OF INTERIOR, ET AL. with
97-1243 FLRA V. DEPT. OF INTERIOR, ET AL.

printing the joint appendix is granted.

97-1396 LOPEZ, VICKY, ET AL., V. MONTEREY COUNTY, CA, ET AL.,

The motion of Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument is granted.

97-1426 CRAWFORD & CO. V. SONNIER, KERMITH

The motion of respondent for attorney fees and costs is denied without prejudice to refiling in the United States Court of Appeals for the Sixth Circuit.

97-1481 LIBERTY NATL. LIFE INS. CO. V. DAY, SAMUEL L.

The motion of respondent for attorneys' fees and costs is denied.

CERTIORARI GRANTED

97-1642 DEPT. OF ARMY V. BLUE FOX, INC.

The petition for a writ of certiorari is granted.

CERTIORARI DENIED

97-799 ELLERTH, KIMBERLY V. BURLINGTON INDUS., INC.
97-801 YANKEE ATOMIC ELEC. CO. V. UNITED STATES
97-884 GECAS, VYTAUTAS V. UNITED STATES
97-1278 INMATES, SUFFOLK CTY. JAIL V. ROUSE, SHERIFF, SUFFOLK CTY.
97-1394 SOUTHEASTERN MARITIME CO. V. BROWN, ALONZO, ET AL.
97-1404 MALPESO, LOUIS, AKA BOBO V. UNITED STATES
97-1440 GURNEY, CLIFFORD, ET AL. V. UNITED STATES
97-1443 MAUSOLF, JEFFREY, ET AL. V. BABBITT, SEC. OF INTERIOR
97-1444 McLAUGHLIN, RUSSELL, ET AL. V. UNITED STATES
97-1535 GEN. MEDIA COM., ET AL. V. COHEN, SEC. OF DEFENSE
97-1541 SMITH, HEATHER, ET AL. V. METRO. SCH DIST. PERRY TNSHP
97-1567 AM. MED. ASSN. V. PRACTICE MGMT. INFO.
97-1578 HOECHST CELANESE CORP. V. UNITED STATES
97-1610 BUNKER GROUP, INC., ET AL. V. UNITED STATES, ET AL.
97-1618 UNIVERSAL LIFE CHURCH, INC. V. UNITED STATES
97-1635 HONDURAS, ET AL. V. HONDURAS AIRCRAFT REGISTRY
97-1646 NATL. ENVTL. WASTE CORP. V. RIVERSIDE, CA with
97-1810 RIVERSIDE, CA V. NATL. ENVTL. WASTE CORP.
97-1693 HADIX, EVERETT, ET AL. V. McGINNIS, KENNETH, ET AL.
97-1735 RENDISH, KIMBERLY V. TACOMA, WA, ET AL.
97-1742 DORSEY, CATHERINE V. DORSEY, JOHN
97-1743 COUCH, JERRY V. SPRINT CORP.
97-1745 BARANDIARAN, JUAN, ET AL. V. TCW SPEC. CREDITS, ET AL.
97-1747 N. LAWRENCE COMMUNITY SCH. V. MARY M., ETC.
97-1756 KENDALL, JEFFREY V. KENDALL, BARBARA
97-1760 COASTAL PET. CO. V. CHILES, GOV. OF FL, ET AL.
97-1763 MATRIX COMMUNICATIONS CORP. V. MCI TELECOMMUNICATIONS CORP.
97-1764 BAUCHMAN, RACHEL V. WEST HIGH SCH., ET AL.
97-1765 OGLEBAY NORTON CO. V. JENSON, LOIS E., ET AL.
97-1781 HAYDEN, JESSICA, ET AL. V. GRAYSON, RICHARD
97-1782 MA, STANLEY, ET AL. V. GOETSCH, MARTIN, ET AL.
97-1784 EGBERT, NELSON V. REIS, JUDY, ET AL.
97-1785 KLEIN, SHMUEL V. GRIEVANCE COM. 9TH JUD. DIST
97-1791 NEW IMAGE INDUSTRIES, INC. V. HIGH TECH MED. INSTRUMENTAT.
97-1799 JUMONVILLE, JAN, ET VIR V. KENNER, LA
97-1800 BAZZETTA, MICHELLE, ET AL. V. McGINNIS, DIR., MI DOC
97-1801 POLLIN, HAROLD S. V. OREGON DEPARTMENT OF REVENUE
97-1804 TOTH, SUE V. MI STATE HOUSING DEV. AUTH.
97-1819 LAMBING, BARBARA LYNN V. GODIVA CHOCOLATIER
97-1827 SMITH, DAVID L. V. COLORADO SUPREME COURT
97-1831 WORTHY, TEMPIE FORTSON V. COLLAGEN CORP.
97-1833 BIALCZAK, CAROL, ET AL. V. BARNETT, RICHARD, ET AL.
97-1843 KELLER COM., INC. V. FCC
97-1858 SCHWARZ, THOMAS ROWE V. KOGAN, GERALD, ETC., ET AL.
97-1872 ARSHAL, GEORGE V. DALTON, SEC. OF THE NAVY
97-1877 SHOEMAKER, CALVIN V. UNITED STATES, ET AL.
97-1884 CUMMINGS, HELEN V. WEST, SEC. OF VA
97-1885 GARRITY, THOMAS E. V. MASSACHUSETTS
97-1887 VINGI, DEBRA V. RHODE ISLAND, ET AL.
97-1907 DOUCETTE, CLAIRE V. SAN DIEGO UNIFIED PORT DIST.
97-1908 CHAVEZ-RAMIREZ, DAVID V. UNITED STATES
97-1913 SHERWOOD, STEPHEN, ET UX. V. CIR
97-1932 GAGLIARDI, JOHN, ET AL. V. UNITED STATES
97-5745 SANCHEZ, RICARDO R. V. UNITED STATES
97-6813 CHAVEZ, LIONEL P. V. CALIFORNIA
97-7420 GAVIN, MICHAEL P., ET AL. V. BRANSTAD, TERRY, ET AL.
97-7558 MARSH, SWINETTA B. V. DALLAS INDEP. SCHOOL DIST.
97-7829 BLODGETT, PAUL A. V. UNITED STATES
97-7876 BUTLER, HARRISON V. CALIFORNIA
97-7890 WASHINGTON, ANTHONY V. PENNSYLVANIA
97-7996 ELLIOTT, JOSEPH V. PENNSYLVANIA
97-8093 WOOLLEY, MARTIN M. V. ILLINOIS
97-8094 THOMAS, CHRISTOPHER V. ILLINOIS
97-8097 HICKEY, ARTHUR D. V. ILLINOIS
97-8120 DOUGAN, JACOB J. V. SINGLETARY, SEC., FL DOC
97-8127 RICHARD, MICHAEL W. V. TEXAS
97-8291 GRIFFIN, HENRY V. ILLINOIS
97-8361 DIXON, TONY T. V. TEXAS
97-8382 TENNARD, ROBERT J. V. TEXAS
97-8427 LOVE, RAY D. V. TIPPY, WARDEN
97-8470 MANN, GLENN B. V. TENNESSEE
97-8528 WOODRUFF, THOMAS A. V. UNITED STATES
97-8536 SALAS, EDILBERTO V. UNITED STATES
97-8539 O'RILEY, PATRICK V. UNITED STATES
97-8580 NELSON, BRUCE E. V. UNITED STATES
97-8778 MUNOZ, MARIA G. V. MARTINEZ, CA, ET AL.
97-8794 JO-ANN G. V. CRANSTON SCHOOL COMMITTEE
97-8803 HAMILTON, RICHARD E. V. FLORIDA
97-8809 MADRID, ALEJANDRO V. MARSHALL, WARDEN, ET AL.
97-8816 SHOWN, BUFORD E. V. OKLAHOMA, ET AL.
97-8817 SMITH, JOSEPH P. V. JARVIS, MACK, ET AL.
97-8819 ZANKICH, JAMES V. vs. GOODNOW, GORDON J.
97-8820 ALLMOND, DARRYL V. FAUVER, WILLIAM, ET AL.
97-8821 BOATWRIGHT, KENNETH L. V. SINGLETARY, DIR., FL DOC
97-8823 MONLYN, BRODERICK W. V. FLORIDA
97-8834 FERGUSON, WILLIAM V. vs. JOHNSON, ROBERT, ET AL.
97-8840 ROBERTS, LINDA V. BATTELLE MEMORIAL INST.
97-8843 RAYBORN, GORDON D. V. HATCHER, WARDEN, ET AL.
97-8851 BROOKS, THOMAS V. MISSOURI
97-8855 WASHINGTON, EMANUEL V. SERVICE EMPLOYEES UNION, ETC
97-8857 WHITE, DELBERT V. JOHNSON, DIR., TX DCJ
97-8866 FRANKLIN, LEON V. MAZURKIEWICZ, SUPT.
97-8876 NARY, STEVEN R. V. HENNESSEY, SHERIFF
97-8877 KENDRICK, RICHARD W. V. GILLUHUGH, M. E., ET AL.
97-8938 ABDULLAH, MALCOLM O. V. MOORE, DIR., SC DOC, ET AL.
97-8953 TOLES, BRYAN A. V. OKLAHOMA
97-8962 AYALA, STEVEN, ET AL. V. SPECKARD, SUPT., ET AL.
97-8980 MEYERS, ANTON D. V. FLORIDA
97-8987 PHENIX, RAYMOND G. V. NEVADA
97-9000 ABDESLEM, ANDY vs. U. S. EMBASSY, MANILA
97-9002 CRAFTON, HEATHER L. K. vs. CRAFTON, JOHN P.
97-9011 CARRILLO, ANTONIO R., ET UX. V. ARIZONA, ET AL.
97-9020 BOOKER, DARRELL L. V. APFEL, COMM'R, SOCIAL SEC.
97-9042 HOWELL, PAUL V. FLORIDA
97-9063 BARCENA, DUANE V. vs. IL DEPT. OF PUBLIC HEALTH
97-9082 DEVERY, JOHN E. V. VAUGHN, SUPT., GRATERFORD
97-9093 SCOTT, KYLE V. NEW MEXICO
97-9102 SMITH, RAYMOND L. V. UNITED STATES
97-9107 LYONS, JEROME P. V. TENNESSEE
97-9125 PIERCE, ROY V. UNITED STATES
97-9140 HILT, STEVEN V. UNITED STATES
97-9149 LARA, PETER B. V. DUNCAN, WARDEN, ET AL.
97-9159 ZAMORA-MARTINEZ, RAMON V. UNITED STATES
97-9162 FRASER, HELENA C. V. CIR
97-9174 VASQUEZ, WILLIAM, ET AL. V. STINSON, SUPT., GREAT MEADOW
97-9182 BIERI, LEONARD V. UNITED STATES
97-9183 HILL, ZANE B. V. FRENCH, WARDEN, ET AL.
97-9186 GIBBONS, FREDDIE V. LARKINS, SUPT., DALLAS
97-9194 GUANIPA, YRAIDA L. V. UNITED STATES
97-9199 FLORES-OCHOA, DANIEL V. UNITED STATES
97-9200 THOMPSON, STEPHEN C. V. UNITED STATES
97-9203 BAKSH, SAMSUR V. UNITED STATES
97-9204 CLYMORE, CRAIG R. V. UNITED STATES
97-9208 PROCTOR, ARTHUR E. V. UNITED STATES
97-9209 PENA, FERNANDO V. UNITED STATES with
97-9265 FERREIRA, LUIS V. UNITED STATES
97-9214 SILVA, JOSE V. UNITED STATES
97-9218 WHITE, COREY D. vs. IRS
97-9220 WALTER, JOHN A. V. UNITED STATES
97-9221 COX, STEVEN V. UNITED STATES
97-9223 TAYLOR, GREGORY V. UNITED STATES
97-9231 MARUTZ, DONALD V. UNITED STATES
97-9236 MacKALL, REGINALD E. V. UNITED STATES
97-9246 JUAREZ-JUAREZ, LEONARDO V. UNITED STATES
97-9247 CORN, JOHN E. V. UNITED STATES
97-9249 MORRIS, EDDIE D. V. UNITED STATES
97-9250 McCLAIN, THOMAS L. V. UNITED STATES
97-9252 JOHNS, RICHARD V. UNITED STATES
97-9253 LUNA-HERRERA, JAVIER V. UNITED STATES
97-9254 KING, MARVIN J. V. UNITED STATES
97-9257 GARCIA, ANTONIO A. V. UNITED STATES
97-9258 GONZALEZ, RICARDO V. UNITED STATES
97-9260 GALLANT, GERARD V. UNITED STATES
97-9261 FORTES, EDWIN V. UNITED STATES
97-9266 HORTON, ALLEN E. V. UNITED STATES
97-9267 SAPP, RONALD W. V. UNITED STATES
97-9268 PETERS, CALVIN D. V. UNITED STATES
97-9269 ROUSAN, WILLIAM V. MISSOURI
97-9270 JILES, BERNARD V. UNITED STATES
97-9271 JONES, GREGORY V. UNITED STATES
97-9272 J. A. J. vs. UNITED STATES
97-9277 BOND, JOHN B. V. UNITED STATES
97-9278 COTTON, GLENN H. V. UNITED STATES
97-9279 PALOMO, EUGENE V. GUAM
97-9285 WILLIAMS, DERICK D. V. UNITED STATES
97-9288 FUNCHES, ELTON L. V. UNITED STATES
97-9291 BUCK, TONY V. UNITED STATES
97-9294 CLIPPER, TERRY T. V. UNITED STATES
97-9301 ALLERY, BRENT W. V. UNITED STATES
97-9302 BRITO, ADRIAN V. UNITED STATES
97-9304 LEURO-ROSAS, JORGE H. V. UNITED STATES
97-9305 WINFIELD, ROBERT L., ET AL. V. UNITED STATES
97-9313 JOHNSON, EDWARD V. UNITED STATES
97-9314 MODRAK, GARY V. UNITED STATES
97-9316 HARMON, ODELL V. UNITED STATES
97-9319 SUST, ALBERTO V. UNITED STATES
97-9326 DOLENC, JOHN V. DEMORE, DAVID
97-9332 SHANNON, ANGELA D. V. UNITED STATES
97-9333 SARRAULTE, DAVID O. V. UNITED STATES
97-9335 ANDRADE, YOLANDA V. UNITED STATES
97-9343 HERNANDEZ, JOSE V. UNITED STATES
97-9388 FROHWIRTH, SCOTT F. V. COOKE, WARDEN

The petitions for petitions for writs of certiorari are denied.

97-1144 UNITED STATES V. OOLEY, NORMAN L.

The motion of respondent for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is denied.

97-1630 MELENDEZ, LAURA V. METRO. LIFE INS. CO.

The motion of Citizen Action of New York, et al. for leave to file a brief as amici curiae is granted. The petition for a writ of certiorari is denied.

97-1773 THEIS RESEARCH, INC. V. OCTEL COMM. CORP., ET AL.

The motion of Intellectual Property Creators, et al. for leave to file a brief as amici curiae is granted. The petition for a writ of certiorari is denied.

97-8837 COOPER, KEVIN V. CALDERON, WARDEN

The petition for a writ of certiorari before judgment is denied.

HABEAS CORPUS DENIED

97-1952 IN RE ARTHUR ARLO HAYDEN, JR.

The petition for a writ of habeas corpus is denied.

MANDAMUS DENIED

97-8490 IN RE OTIS RUDD
97-8802 IN RE TERRY SNYDER, ET AL.
97-8861 IN RE ROBERTO BAEZ
97-8928 IN RE LESTER M. AYARS
97-9237 IN RE ALEXANDER IFEANYI IJEMBA

The petitions for writs of mandamus are denied.

PROHIBITION DENIED

97-1789 IN RE CHARLES A. EIDSON
97-8864 IN RE ROLF BETKA

The petitions for writs of prohibition are denied.

REHEARINGS DENIED

97-1494 GREB, MICHAEL, ET AL. V. GMC
97-1533 McDUFFIE, ERNEST, ETC. V. FIRST UNION NATIONAL BANK
97-1540 WALKER, DAVID V. MI PUBL. SVC. COMMN., ET AL.
97-7568 SHAW, ROBERT M. V. JOHNSON, DIR., TX DCJ
97-7841 IN RE DAVID McDOWELL ROBINSON
97-8141 CUTHBERT, SCOTT A. V. DIST. COURT OF APPEAL OF FL
97-8525 IN RE ALVIN WASHINGTON

The petitions for rehearing are denied.

97-885 ENGELHART, PAUL, ET AL. V. CONRAIL CORP., ET AL.
97-1527 RUCK, LANCE V. UN. TRANSP. UNION, ET AL.

The motions for leave to file petitions for rehearing are denied.

ATTORNEY DISCIPLINE

D-1933 IN THE MATTER OF DISBARMENT OF THOMAS EWING PHILLIPS

Thomas Ewing Phillips, of Chillicothe, Ohio, having been suspended from the practice of law in this Court by order of April 6, 1998; and a rule having been issued requiring him to show cause why he should not be disbarred; It is ordered that Thomas Ewing Phillips is disbarred from the practice of law in this Court.

D-1936 IN THE MATTER OF DISBARMENT OF MICHAEL IRA GREER

Michael Ira Greer, of Poway, California, 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 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 Michael Ira Greer is disbarred from the practice of law in this Court.

D-1938 IN THE MATTER OF DISBARMENT OF SETH R. ROTTER

Seth R. Rotter, of New York, New York, 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 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 Seth R. Rotter is disbarred from the practice of law in this Court.

D-1939 IN THE MATTER OF DISBARMENT OF EUGENE J. IRONS

Eugene J. Irons, of Mesa, Arizona, 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 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 Eugene J. Irons is disbarred from the practice of law in this Court.

D-1942 IN THE MATTER OF DISBARMENT OF EPHRAIM COLLINS

Ephraim Collins, of Boca Raton, Florida, having been suspended from the practice of law in this Court by order of April 27, 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 Ephraim Collins is disbarred from the practice of law in this Court.

D-1943 IN THE MATTER OF DISBARMENT OF STANLEY LEWIS KANTOR

Further consideration of the Rule to Show Cause is deferred.

D-1944 IN THE MATTER OF DISBARMENT OF SYLVIA E. HALL

Sylvia E. Hall, of Deep Water, New Jersey, having been suspended from the practice of law in this Court by order of April 27, 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 Sylvia E. Hall is disbarred from the practice of law in this Court.

D-1946 IN THE MATTER OF DISBARMENT OF HOWARD EARL BLUMENTHAL

Howard Earl Blumenthal, of Marina Del Rey, California, having been suspended from the practice of law in this Court by order of May 4, 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 Howard Earl Blumenthal is disbarred from the practice of law in this Court.

D-1947 IN THE MATTER OF DISBARMENT OF STANLEY MICHAEL KRUPA

Stanley Michael Krupa, of Middletown, Connecticut, having been suspended from the practice of law in this Court by order of May 4, 1998; and a rule having been issued requiring him to show cause why he should not be disbarred; It is ordered that Stanley Michael Krupa is disbarred from the practice of law in this Court.

D-1951 IN THE MATTER OF DISBARMENT OF ROBERT A. BREEZE

Robert A. Breeze, of San Diego, California, having been suspended from the practice of law in this Court by order of May 18, 1998; and a rule having been issued and served upon him requiring him to show cause why he should not be disbarred; and a response having been filed; It is ordered that Robert A. Breeze is disbarred from the practice of law in this Court.

D-1965 IN THE MATTER OF MICHAEL SWEIG MENDELSON

Michael Sweig Mendelson, of Chicago, Illinois, 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 June 15, 1998, is discharged.

D-1972 IN THE MATTER OF DISBARMENT OF DOUGLAS JAMES HYNES

Douglas James Hynes, of Farmingdale, 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-1973 IN THE MATTER OF DISBARMENT OF FREDRICK S. FALICK

Fredrick S. Falick, of Middletown, 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.

RECESS ORDER

The Court will take a recess from today until the first Monday in October, 1998, at which time the October 1997 Term will adjourn.