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DECISIONS PER CURIAM, ETC., FROM OCTOBER

4, 1943, THROUGH JANUARY 10, 1944.*

No. 95. MOODY BIBLE INSTITUTE v. CHICAGO. Appeal from the Supreme Court of Illinois. October 11, 1943. Per Curiam: The motion to dismiss is granted and the appeal is dismissed for the want of jurisdiction. § 237 (a) of the Judicial Code, as amended, 28 U. S. C., § 344 (a). Treating the papers whereon the appeal was allowed as an application 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. Howard F. Bishop for appellant. Messrs. Barnet Hodes, Joseph F. Grossman, and J. Herzl Segal for appellee. Reported below: 382 Ill. 70, 46 N. E. 2d 918.

No. 275. PARKER ET AL. V. MISSISSIPPI. Appeal from the Supreme Court of Mississippi. October 11, 1943. Per Curiam: The motion for leave to proceed in forma pauperis is granted. The appeal is dismissed for the want of jurisdiction. § 237 (a) of the Judicial Code, as amended, 28 U. S. C., § 344 (a). Treating the papers whereon the appeal was allowed as an application 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. JUSTICE MURPHY is of opinion certiorari should be granted. Mr. Forrest B. Jackson for appellants. Reported below: 194 Miss. 895, 13 So. 2d 620.

No. 213. TWISP MINING & SMELTING Co. v. CHELAN MINING CO. ET AL. Appeal from and petition for writ of certiorari to the Supreme Court of Washington. October

*For decisions on applications for certiorari, see post, pp. 720, 735; rehearing, post, p. 807. For cases disposed of without consideration by the Court, post, p. 805.

705

Decisions Per Curiam, Etc.

320 U.S.

11, 1943. Per Curiam: The appeal is dismissed for failure to comply with Rule 12, paragraph 1. The petition for writ of certiorari is denied. Messrs. Clarence C. Dill and E. A. Cornelius for appellant. Reported below: 16 Wash. 2d 264, 133 P. 2d 300.

No. 294. PAYNE V. KIRCHWEHM. Appeal from the Supreme Court of Ohio. October 11, 1943. Per Curiam: The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question. (1) Alaska Packers Assn. v. Industrial Commission, 294 U.S. 532, 547; Pacific Insurance Co. v. Industrial Commission, 306 U. S. 493, 502; (2) Michigan Insurance Bank v. Eldred, 130 U. S. 693, 696; Platt v. Wilmot, 193 U. S. 602, 610; Guaranty Trust Co. v. United States, 304 U. S. 126, 136. Messrs. Sigmund H. Steinberg and William K. Gardner for appellant. Mr. Wayland K. Sullivan for appellee. Reported below: 141 Ohio St. 384, 48 N. E. 2d 224.

No. 308. HUGHES ET AL. v. GUST. Appeal from the Supreme Court of Arizona. October 11, 1943. Per Curiam: The motion to dismiss is granted and the appeal is dismissed for want of a properly presented federal question. Mr. Thomas O. Marlar for appellants. Mr. J. L. Gust for appellee.

No.. BENTZ v. MICHIGAN. October 11, 1943. The petition for appeal is denied for the reason that application therefor was not made within the time provided by law. § 8 (a), Act of February 13, 1925 (43 Stat. 936, 940), 28 U. S. C., § 350.

No. 9, original. KANSAS v. MISSOURI. October 11. 1943. The report of the Special Master herein is received and ordered to be filed.

320 U.S.

Decisions Per Curiam, Etc.

No. 61. ICKES, SECRETARY OF THE INTERIOR, ET AL. v. ASSOCIATED INDUSTRIES OF NEW YORK STATE, INC. Certiorari, 319 U. S. 739, to the Circuit Court of Appeals for the Second Circuit. October 18, 1943. Per Curiam: This is a proceeding brought by respondent pursuant to § 6 (b) of the Bituminous Coal Act of 1937, 50 Stat. 85, 15 U. S. C., § 836 (b), as amended, to review an order of the Bituminous Coal Commission prescribing minimum prices for Minimum Price Area No. 1. We granted certiorari June 14, 1943, to review an order of the Circuit Court of Appeals refusing to dismiss the proceeding for want of capacity of respondent to bring it. Both parties now suggest that the cause has become moot by reason of the expiration of the Bituminous Coal Act on August 24, 1943. They disagree as to the proper disposition to be made of the cause. The record does not disclose and we are not informed whether the order of the Commission, which by its terms became effective on October 1, 1942, remained in effect between that date and August 24, 1943, or to what extent rights arose and liabilities and obligations were incurred under the Commission's order during that period, which survive the expiration of the Act. Accordingly we vacate the order of the Circuit Court of Appeals and remand the cause to that court for such further proceedings as may be appropriate. Solicitor General Fahy and Messrs. Warner W. Gardner and Arnold Levy for petitioners. Mr. Horace R. Lamb for respondent. Reported below: 134 F.2d 694.

No. 155. MATHEWS ET AL. v. WEST VIRGINIA EX REL. HAMILTON, PROSECUTING ATTORNEY. On petition for writ of certiorari to the Circuit Court of Calhoun County, West Virginia. October 18, 1943. Per Curiam: The petition for writ of certiorari is granted. Subsequent to the decision of the Supreme Court of Appeals of West Virginia, denying leave to appeal on the ground that the decree of

Decisions Per Curiam, Etc.

320 U.S.

the Circuit Court of Calhoun County was "plainly right," this Court in Taylor v. Mississippi, 319 U. S. 583, Benoit v. Mississippi, 319 U. S. 583, Cummings v. Mississippi, 319 U. S. 583, and West Virginia State Board of Education v. Barnette, 319 U. S. 624, considered questions having a bearing on the issues in the present case. Accordingly we vacate the judgment and remand the cause to the Circuit Court of Calhoun County for further consideration in the light of our decisions in those cases. New York ex rel. Whitman v. Wilson, 318 U. S. 688, 690-91, and cases cited. Mr. Hayden C. Covington for petitioners.

No. 278. GRACE v. BOARD OF COMMISSIONERS OF THE STATE BAR OF ALABAMA. Appeal from the Supreme Court of Alabama. October 18, 1943. Per Curiam: The appeal is dismissed for the want of a substantial federal question. Ex parte Burr, 9 Wheat. 528, 530; Ex parte Secombe, 19 How. 9, 13; Ex parte Robinson, 19 Wall. 505, 512; Selling v. Radford, 243 U. S. 46, 49. Menza B. Grace, pro se. Mr. Richard T. Rives for appellee. Reported below: 244 Ala. 267, 13 So. 2d 178.

No. 2. UNITED STATES v. ALUMINUM COMPANY OF AMERICA ET AL. Appeal from the District Court of the United States for the Southern District of New York; and

No. 6. NORTH AMERICAN COMPANY v. SECURITIES & EXCHANGE COMMISSION. Certiorari, 318 U. S. 750, to the Circuit Court of Appeals for the Second Circuit. October 18, 1943. As four Justices have disqualified themselves from participating in the decision in each of these cases, the Court is unable to make final disposition of them because of the absence of a quorum of six Justices as prescribed by 28 U. S. C., § 321. These cases will accordingly be transferred to a special docket and all further proceedings in them postponed in each case until such time as

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