opinion: HARBISON-WALKER REFRACTORIES, A DIVISION OF DRESSER INDUSTRIES, INC. v. BRIECK
  No. 87-271.
  Argued October 31, 1988
  Decided December 12, 1988
  822 F. 2d 52,
  Andrew M. Kramer argued the cause for petitioner. With him on the briefs were Envin N. Griswold, David A. Copus, Patricia A. Dunn, and James P. Hollihan.
  Brian J. Martin argued the cause for the United States et al. as amici curiae urging affirmance. On the brief were Solicitor General Fried, Assistant Attorney General Reynolds, Deputy Solicitor General Merrill, Charles A. Rothfeld, and Charles A. Shanor.
  James H. Logan argued the cause for respondent. With him on the brief were Julius L. Chambers, Charles Stephen Ralston, Ronald L. Ellis, and Eric Schnapper.
  Briefs of amici curiae urging reversal were filed for the Chamber of Commerce of the United States of America by John C. Unkovic and Stephen A. Bokat; and for the Equal Employment Advisory Council by Robert E. Williams, Douglas S. McDowell, and Ann Elizabeth Reesman.
  Briefs of amici curiae urging affirmance were filed for the American Association of Retired Persons by Alfred Miller, Steven S. Honigman, Christopher G. Mackaronis, and Cathy Ventrell-Monsees; and for the Plaintiff Employment Lawyers Association by Paul H. Tobias.
  Per Curiam.
  The writ of certiorari is dismissed as improvidently granted.
  Justice White dissents.
choices: stay, petition, or motion granted affirmed (includes modified) reversed reversed and remanded vacated and remanded affirmed and reversed (or vacated) in part affirmed and reversed (or vacated) in part and remanded vacated petition denied or appeal dismissed certification to or from a lower court no disposition