WHITE, EXECUTOR OF THE ESTATE OF SMITH v. UNITED STATES ET AL.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
Argued October 3, 1989
Decided October 16, 1989
Certiorari dismissed. Reported below: 853 F.2d 107.
Kenneth A. Payment argued the cause for petitioner. With him on the briefs was James M. White, pro se.
Alan I. Horowitz argued the cause for respondents. With him on the brief were Solicitor General Starr, Assistant Attorney General Peterson, Deputy Solicitor General Wallace, Charles E. Brookhart, and Joan I. Oppenheimer. *
The writ of certiorari is dismissed as improvidently granted.
JUSTICE WHITE dissents.
[ Footnote * ] Waller H. Horsley, Louis A. Craco, Charles E. Heming, Jonathan G. Blattmachr, Arthur M. Sherwood, Alexander C. Cordes, Sanford J. Schlesinger, Jules J. Haskel, Albert Kalter, Thomas P. Sweeney, and Geraldine S. Hemmerling filed a brief for the New York State Bar Association et al. as amici curiae urging reversal. [493 U.S. 5, 6]