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Decisions Per Curiam, Etc. 317U.S.

writ of habeas corpus is denied as moot, it appearing that the petitioner is no longer in respondent's custody. The rule to show cause is therefore discharged.

No. 75. North Chicago Et Al. V. The Maccabees, A Corporation, Et Al.; and

No. 96. The Maccabees, A Corporation, V. North Chicago Et Al. On petitions for writs of certiorari to the Circuit Court of Appeals for the Seventh Circuit. November 23, 1942. Per Curiam: The motion to withdraw the petition for certiorari in No. 96 is granted and the petition is dismissed. The motion of The Maccabees to withdraw all papers previously filed on their behalf in No. 75 is granted. All motions made by Arvid B. Tanner on his own behalf are denied. The motion to substitute counsel is granted and the appearance of Arvid B. Tanner is ordered withdrawn. Messrs. Lionel A. Mincer and Frank T. O'Brien for petitioners in No. 75 and respondents in No. 96. Messrs. Edward J. Jeffries, Jr. and David A. Hersh for respondents in No. 75 and petitioner in No. 96. Reported below: 125 F. 2d 330.

No. —. Levy V. Sturgeon. November 23, 1942 Application for appeal denied.

No. —. Humes V. Leavenworth County Local SeLective Service Board, No. 1. November 23, 1942. Application for injunction denied.

No. —, Original. Ex Parte Robert E. Peyton. November 23, 1942. The motion for leave to file petition for writ of mandamus is denied.

317U.S. Decisions Per Curiam, Etc.

No. —, Original. Ex Parte Wilfred Hill Castleman. November 23,1942. The motion for leave to file petition for writ of mandamus is denied.

No. —, Original. Ex Parte Cecil Wright. November 23, 1942. The motion for leave to proceed in forma pauperis is granted. The motion for leave to file petition for writ of certiorari to the District Court of the United States for the Eastern District of Illinois is denied.

No. 510. Donovan V. Turner Et Al., Copartners. Appeal from the District Court of Appeal, 2d Appellate District, of California. December 7, 1942. Per Curiam: The appeal is dismissed for want of jurisdiction. § 237 (a), Judicial Code, as amended, 28 U. S. C, § 344 (a). Treating the papers whereon the appeal was allowed as a petition for writ of certiorari as required by § 237 (c) of the Judicial Code as amended, 28 U. S. C, § 344 (c), certiorari is denied. Mr. L. E. Dadmun for appellant. Messrs. Virgil T. Seaberry and Vernon Bettin for appellees. Reported below: 52Cal. App. 2d 236,126P. 2d 187.

No. 492. Williams Et Al. V. Miller Et Al. Appeal from the District Court of the United States for the Northern District of California. December 7, 1942. Per Curiam: The decree dismissing the bill of complaint is affirmed on the ground that the bill does not allege facts which would warrant the granting of equitable relief by a federal court to restrain enforcement of the state statute. Spielman Motor Co. v. Dodge, 295 U. S. 89; Beal v. Missouri Pacific R. Co., 312 U. S. 45; Watson v. Buck, 313 U. S. 387, 400-01. Mr. John L. McNab for appellants. Messrs. Earl Warren, Attorney General of California, and Decisions Per Curiam, Etc. 317U.S.

Lucas E. Kilkenny, Deputy Attorney General, for appellees. Reported below: 48 F. Supp. 277.

Nos. 446 and 447. Williams Et Al. V. Delaware & Hudson Railroad Corp. Et Al. On petition for writs of certiorari to the Circuit Court of Appeals for the Seventh Circuit. December 7, 1942. Per Curiam: The petition for writs of certiorari is granted. In view of the death of the referee appointed by the National Mediation Board, the judgments are vacated, without consideration of the merits, and the causes remanded to the District Court for such further proceedings as may be appropriate. Mr. Leo J. Hassenauer for petitioners. Messrs. Joseph Rosch, Conrad H. Poppenhusen, and Anan Raymond for the Delaware & Hudson Railroad Corp.; and Messrs. Kenneth F. Burgess and Douglas F. Smith for E. W. Fowler et al.,— respondents. Reported below: 129F. 2d 11.

No. —, Original. Ex Parte Ethel Pitt Donnell. December 7, 1942. The motion for leave to file petition for writ of habeas corpus is denied.

No. —, Original. Ex Parte Thomas Merryl Wofford. December 7, 1942. The motion for leave to file petition for writ of mandamus is denied.

No. 537. Roddenberry v. Florida. Appeal from the Supreme Court of Florida. December 14,1942. Per Curiam: The motion for leave to proceed in forma pauperis is granted. The appeal is dismissed for the want of a substantial federal question. Mr, W. D. Bell for appellant Reported below: 11 So. 2d 582.

317 U. S. Decisions Per Curiam, Etc.

No. —. Ex Parte Henry E. Terrell. December 14, 1942. The motion to set aside judgment is denied.

No. —, Original. Ex Parte Cecil Wright. December 14, 1942. The motion for leave to file petition for writ of habeas corpus is denied.

No. —, Original. Ex Parte Karl Kive Greenfield. December 14, 1942. The motion for leave to file petition for writ of mandamus is denied.

No. —, Original. Ex Parte Orville Chester GarriSon. December 14, 1942. The motion for leave to file petition for writ of certiorari is denied.

No. 76. Miller V. United States. December 14, 1942. It is ordered that the opinion filed December 7, 1942, be amended as follows:

Page 3, line 4, insert a period after the word "transcribed" and strike out the balance of line 4 and all of lines 5, 6, 7, and 8, beginning with the word "that" and ending with the word "Exceptions."

Page 5, line 3. After "4. As we have said" strike out the balance of line 3, and all of lines 4, 5, 6, 7, 8, as well as the first six words on line 9, beginning with the words "a stenographer" and ending with the word "addition."

Page 5, last paragraph, 6th line from bottom of page. Strike out sentence beginning with the word "We" and ending with the word "foreclosed." On the same page, 4th line from bottom, strike out the words "so" and "rule" and insert between the words "to" and "in" the followDecisions Per Curiam, Etc. 317 U. S.

ing: "hold that the petitioner is foreclosed from obtaining a bill." Opinion reported as amended, ante, p. 192.

No. 85. Fisher, Receiver, V. Whiton, Executrix, Et Al. December 14, 1942. It is ordered that the opinion of the Court in No. 85, Fisher v. Whiton, filed December 7,1942, be amended by inserting after the word "eliminated" in footnote 5 on page 2 of the slip opinion the following phrase: "where there has been compliance with the provisions of the statute,".

Opinion reported as amended, ante, p. 217.

No. 49. Helvering, Commissioner Of Internal RevEnue, v. R. Douglas Stuart; and

No. 48. Helvering, Commissioner Of Internal RevEnue, v. John Stuart. December 14,1942. It is ordered that the last paragraph on page 3 of the opinion of November 16,1942, be struck out. It reads as follows:

"In answer to the taxpayers' petitions for the redetermination of the deficiencies, the Commissioner asserted the increase was required by the provisions of Sections 22, 166, and 167 of the Revenue Act of 1934, 48 Stat. 680. So far as pertinent these are set out in the footnote below."

In lieu thereof insert the following:

"In answer to the taxpayer's petition in No. 49 for the redetermination of the deficiencies, the Commissioner asserted the increase was required by the provisions of Sections 22,166, and 167 of the Revenue Act of 1934, 48 Stat. 680. Section 22 was not raised by the Commissioner in his answer to the petition in No. 48. But the applicability of that section was raised by the Commissioner as appellee before the Circuit Court of Appeals (Helvering v. Gowran, 302 U. S. 238,245). The contention in the Court

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