opinion: WHITE, EXECUTOR OF THE ESTATE OF SMITH v. UNITED STATES et al.
  No. 88-928.
  Argued October 3, 1989
  Decided October 16, 1989
  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.
  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.
  Per Curiam.
  The writ of certiorari is dismissed as improvidently granted.
  Justice White dissents.
choices: case did not arise on cert or cert not granted federal court conflict federal court conflict and to resolve important or significant question putative conflict conflict between federal court and state court state court conflict federal court confusion or uncertainty state court confusion or uncertainty federal court and state court confusion or uncertainty to resolve important or significant question to resolve question presented no reason given other reason