Supreme Court of the United States, 1985

Newby v. Department of Labor

Supreme Court of the United States · Decided October 15, 1985 · Brennan, Marshall

474 U.S. 898; 106 S. Ct. 223; 88 L. Ed. 2d 222; 1985 U.S. LEXIS 3919 (United States Reports)

Dissenting Opinion

Justice Brennan and Justice Marshall,

dissenting.

For the reasons expressed in Brown v. Herald Co., 464 U. S. 928 (1983), we would deny the petition for writ of certiorari without reaching the merits of the motion to proceed in forma pauperis.

Opinion of the Court

C. A. Fed. Cir. Motion of petitioners for leave to proceed in *899forma pauperis denied. Petitioners are allowed until November 5, 1985, within which to pay the docketing fee required by Rule 45(a) and to submit a petition in compliance with Rule 33 of the Rules of this Court.

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