1263 (1991)), and United States Sentencing Commission, Guidelines Manual §4B1.2, comment., n. 2 (Nov. 1991). THE CHIEF JUSTICE, JUSTICE SCALIA, JUSTICE KENNEDY, and JUSTICE THOMAS dissent. Reported below: 946 F. 2d 891. Miscellaneous Orders No. A-894. INTERCONTINENTAL LIFE INSURANCE Co. v. LINDBLOM. Sup. Ct. Ala. Application for stay, presented to JUSTICE KENNEDY, and by him referred to the Court, denied. JUSTICE O'CONNOR would grant the application. No. D-1103. IN RE DISBARMENT OF WINN. Disbarment entered. [For earlier order herein, see 503 U. S. 956.] No. D-1109. IN RE DISBARMENT OF PRESNICK. Disbarment entered. [For earlier order herein, see 503 U. S. 980.] No. D-1111. IN RE DISBARMENT OF TESSLER. Disbarment entered. [For earlier order herein, see 503 U. S. 980.] No. D-1114. IN RE DISBARMENT OF HARRISON. Disbarment entered. [For earlier order herein, see 503 U. S. 980.] No. D-1115. IN RE DISBARMENT OF D'ALBORA. Disbarment entered. [For earlier order herein, see 503 U. S. 980.] No. D-1138. IN RE DISBARMENT OF JACOBO. It is ordered that Winston W. Jacobo, of St. Augustine, 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. No. D-1139. IN RE DISBARMENT OF FINE. It is ordered that David M. Fine, of Richmond, 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-1140. IN RE DISBARMENT OF FITZPATRICK. It is ordered that James Joseph Fitzpatrick, of Portsmouth, N. H., 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. JUSTICE SOUTER took no part in the consideration or decision of this order. No. 108, Orig. NEBRASKA v. WYOMING ET AL. The Court by order dated April 20, 1992 [503 U. S. 981], awarded the Special Master interim compensation and reimbursement of expenses. The Court also allowed the parties and the proposed intervenors/ amici to comment further on the Special Master's suggestion of a one-time special assessment of costs to the intervenors/amici. Although different arguments have been advanced as to the appropriate amounts to be assessed, no party or proposed intervenor/amicus has objected to the propriety of including nonobjecting amici in the assessment. We therefore do not reach the issue, deeming the parties to have agreed with the procedure. The Special Master found that the proceedings were expanded and made more costly by reason of amici participation, and the amici presumably acknowledge this to be the case. In light of these considerations, the interim award to the Special Master shall be paid as follows: (1) the State of Colorado, a party to this original action, is assessed the amount of $25,000, the amount recommended by the Special Master; (2) the four proposed intervenors/amici, Basin Electric Power Cooperative, Central Nebraska Public Power and Irrigation District, the National Audubon Society, and the Platte River Whooping Crane Critical Habitat Maintenance Trust, are each assessed $5,000, an amount to which none have objected; and (3) the remaining award is to be paid 40% by Nebraska, 40% by Wyoming, and 20% by the United States. JUSTICE WHITE would adopt the recommendation of the Special Master respecting the allocation of his fees and expenses among the parties and the amici. [For earlier order herein, see, e. g., ante, p. 905.] JUSTICE STEVENS, dissenting. Because I do not believe that the Court has authority to assess costs against nonparties, I respectfully dissent from the order to the extent it provides for an assessment against amici curiae.1 1 Cf. Comment, Protecting Defendant-Intervenors from Attorneys' Fee Liability in Civil Rights Cases, 23 Harv. J. Legis. 579, 588 (1986) ("Courts have consistently assumed that an amicus curiae is exempt from attorneys' fee liability"); Chance v. Board of Examiners, 70 F. R. D. 334, 340 (SDNY 1976). I do not think that it is proper for the Court to justify its exercise of this authority on the basis of the amici's failure to object, especially when the assessment is for an interim payment to the Special Master in the course of an ongoing proceeding.2 No. 119, Orig. CONNECTICUT ET AL. v. NEW HAMPSHIRE. First Interim Report of the Special Master is received and ordered filed. Recommendations of the Special Master are adopted. It is ordered that the motion of Connecticut Office of Consumer Counsel for leave to intervene is denied. It is further ordered that the motion of United Illuminating Co., New England Power Co., Connecticut Light & Power Co., Canal Electric Co., Montaup Electric Co., and Taunton Municipal Lighting Plant for leave to intervene is granted. Defendant is allowed 20 days within which to file and serve its answer to the complaint of the intervening plaintiffs. JUSTICE SOUTER took no part in the consideration or decision of these orders. [For earlier order herein, see, e. g., ante, p. 905.] No. 91-10. SPECTRUM SPORTS, INC., ET AL. v. MCQUILLAN ET VIR, DBA SORBOTURF ENTERPRISES. C. A. 9th Cir. [Certiorari granted, 503 U. S. 958.] Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument granted. No. 91-882. LEWY ET AL. v. VIRGINIA DEPARTMENT OF TAXATION. Sup. Ct. Va. Motion of petitioners to grant petition for writ of certiorari denied. No. 91-1030. WITHROW v. WILLIAMS. C. A. 6th Cir. [Certiorari granted, 503 U. S. 983.] Motion for appointment of counsel granted, and it is ordered that Seth P. Waxman, Esq., of Washington, D. C., be appointed to serve as counsel for respondent in this case. No. 91-1210. CLINTON, GOVERNOR OF ARKANSAS, ET AL. v. JEFFERS ET AL., 503 U. S. 930. Motion of appellees to retax costs granted. 2 Cf. 2 Administrative Office of the United States Courts, Guide to Judiciary Policies and Procedures, Judicial Code of Conduct, Canons 3(C)(1)(a)-(e) and 3(D), pp. 1-7, I-9 (1990) (limiting circumstances in which parties may waive judicial disqualification). No. 91-1393. LOCKHART, DIRECTOR, ARKANSAS DEPARTMENT OF CORRECTION v. FRETWELL. C. A. 8th Cir. [Certiorari granted, ante, p. 908.] Motion for appointment of counsel granted, and it is ordered that Ricky B. Medlock, Esq., of Little Rock, Ark., be appointed to serve as counsel for respondent in this case. No. 91-1420. GROWE, SECRETARY OF STATE OF MINNESOTA, ET AL. v. EMISON ET AL. D. C. Minn. [Probable jurisdiction noted, 503 U. S. 958.] Motion of Martin Frost et al. for leave to file a brief as amici curiae granted. No. 91-8385. IN RE PORZIO. Petition for writ of habeas corpus denied. No. 91-1811. IN RE POLYAK; and No. 91-8219. IN RE DALL. Petitions for writs of mandamus denied. No. 91-1707. IN RE UNITED SERVICES AUTOMOBILE ASSN. Petition for writ of mandamus denied. JUSTICE O'CONNOR took no part in the consideration or decision of this petition. Certiorari Granted No. 91-1538. SMITH v. UNITED STATES. C. A. 9th Cir. Certiorari granted. Reported below: 953 F. 2d 1116. No. 91-1695. PIONEER INVESTMENT SERVICES Co. v. BRUNSWICK ASSOCIATES LIMITED PARTNERSHIP ET AL. C. A. 6th Cir. Certiorari granted. Reported below: 943 F. 2d 673. No. 91-1160. ARAVE, WARDEN v. CREECH. C. A. 9th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari granted. Reported below: 947 F. 2d 873. No. 91-7749. ORTEGA-RODRIGUEZ v. UNITED STATES. C. A. 11th Cir. Motion of petitioner for leave to proceed in forma pauperis granted. Certiorari granted. No. 91-1363. JOHNSON, STATE'S ATTORNEY OF KANE COUNTY, ET AL. v. CHI FENG SU. C. A. 7th Cir. Certiorari denied. Reported below: 944 F. 2d 907. No. 91-1367. STURMAN v. UNITED STATES; No. 91-1533. LEVINE ET AL. v. UNITED STATES; and No. 91-1596. STURMAN v. UNITED STATES. C. A. 6th Cir. Certiorari denied. Reported below: 951 F. 2d 1466. No. 91-1374. QUATTROCCHI ET AL. v. COCHRANE. C. A. 1st Cir. Certiorari denied. Reported below: 949 F. 2d 11. Certiorari denied. No. 91-1388. HANNA BOYS CENTER v. NATIONAL LABOR RELATIONS BOARD ET AL. C. A. 9th Cir. Reported below: 940 F. 2d 1295. No. 91-1464. PALMER v. LEVY. C. A. 9th Cir. Certiorari denied. Reported below: 951 F. 2d 196. No. 91-1525. NEW MEDICO NEUROLOGIC CENTER OF MICHIGAN, INC. v. NATIONAL LABOR RELATIONS BOARD. C. A. 6th Cir. Certiorari denied. Reported below: 951 F. 2d 350. No. 91-1528. MESNICK v. GENERAL ELECTRIC Co. C. A. 1st Cir. Certiorari denied. Reported below: 950 F. 2d 816. No. 91-1534. TOTAL CARE, INC. v. SULLIVAN, SECRETARY OF HEALTH AND HUMAN SERVICES, ET AL. C. A. 4th Cir. Certiorari denied. Reported below: 952 F. 2d 397. No. 91-1535. BASH v. UNITED STATES. C. A. 9th Cir. Certiorari denied. No. 91-1537. GARZA ET AL. v. UNITED STATES. C. A. 5th Cir. Certiorari denied. Reported below: 942 F. 2d 903. No. 91-1559. AVERY ET UX. v. TURNER, TRUSTEE; and No. 91-1725. TURNER, TRUSTEE v. AVERY ET UX. C. A. 5th Cir. Certiorari denied. Reported below: 947 F. 2d 772. No. 91-1560. HOCHSTEIN v. UNITED STATES. C. A. 2d Cir. Certiorari denied. Reported below: 952 F. 2d 393. |