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Decisions Per Curiam, Etc.

320 U.S.

No. 437. WILSON v. LOUISIANA. Appeal from the Supreme Court of Louisiana. November 22, 1943. Per Curiam: The motion to dismiss is granted and the appeal is dismissed, it appearing that the decision is based upon a nonfederal ground adequate to support it. Mr. Max M. Schaumburger for appellant. Messrs. Eugene Stanley, Attorney General of Louisiana, Alex. W. Swords, and George J. Gulotta for appellee. Reported below: 204 La. 24, 14 So. 2d 873.

No.. EX PARTE C. E. PHILLIPS;

No.-. EX PARTE JOHN KEATING; and

No.. EX PARTE WILLIAM A. YOUELL. November 22, 1943. The motions for leave to file petitions for writs of habeas corpus are denied.

Nos. 49 and 50. FORD MOTOR Co. v. GORDON FORM LATHE Co. Certiorari, 319 U. S. 738, to the Circuit Court of Appeals for the Sixth Circuit. Argued November 8, 9, 1943. Decided December 6, 1943. Per Curiam: The judgments are affirmed by an equally divided Court. MR. JUSTICE MURPHY took no part in the consideration or decision of these cases. Mr. I. Joseph Farley, with whom Mr. Drury W. Cooper was on the brief, for petitioner. Messrs. F. O. Richey and George D. Spohn, with whom Messrs. John W. Michael and B. D. Watts were on the brief, for respondent. Reported below: 133 F. 2d 487.

No. 421. SECOND NATIONAL BANK V. FINDLEY, COUNTY TREASURER, ET AL.; and

No. 422. FIRST NATIONAL BANK v. FINDLEY, COUNTY TREASURER, ET AL. Appeals from the Supreme Court of Ohio. December 6, 1943. Per Curiam: The judgments

320 U.S.

Decisions Per Curiam, Etc.

are affirmed on the authority of Aberdeen Bank v. Chehalis County, 166 U. S. 440, 443-6; Citizens National Bank v. Kentucky, 217 U. S. 443, 451; Des Moines National Bank v. Fairweather, 263 U. S. 103, 110-12; and Colorado National Bank v. Bedford, 310 U. S. 41, 52-3. Mr. George Thornburg for appellants. Messrs. Ross Michener, A. G. Lancione, and C. C. Sedgwick for appellees. Reported below: 142 Ohio St. 6, 50 N. E. 2d 157.

No. 435. BROTHERHOOD OF RAILWAY & STEAMSHIP CLERKS, FREIGHT HANDLERS, EXPRESS & STATION EMPLOYEES ET AL. v. UNITED TRANSPORT SERVICE EMPLOYEES ET AL. On petition for writ of certiorari to the United States Court of Appeals for the District of Columbia. December 6, 1943. Per Curiam: The petition for writ of certiorari is granted and the judgment is reversed on the authority of General Committee of Adjustment v. Missouri-Kansas-Texas R. Co., 320 U. S. 323; General Committee of Adjustment v. Southern Pacific Co., 320 U. S. 338; General Grievance Committee v. General Committee of Adjustment, 320 U. S. 338; and Switchmen's Union v. National Mediation Board, 320 U. S. 297. Messrs. Frank L. Mulholland, Clarence M. Mulholland, and Willard H. McEwen for petitioners. Reported below: 137 F. 2d 817.

No. 487. KELLEY V. CALIFORNIA. Appeal from the Supreme Court of California. December 6, 1943. 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. Morris Lavine for appellant. Reported below: 22 Cal. 2d 169, 137 P. 2d 1.

Decisions Per Curiam, Etc.

320 U.S.

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. December 6, 1943. Per Curiam: Appellant having filed a petition for rehearing and an amended jurisdictional statement which conforms to Rule 12, par. 1, the petition for rehearing is granted and the order of October 11, 1943, dismissing the appeal and denying the petition for writ of certiorari, ante, p. 705, is vacated. The appeal is dismissed for want of jurisdiction. § 237 (a) of the Judicial Code, as amended, 28 U. S. C., § 344 (a). The petition for a writ of certiorari is denied. MR. JUSTICE DOUGLAS took no part in the consideration or decision of this case. Messrs. Clarence C. Dill and E. A. Cornelius for appellant-petitioner. Reported below: 16 Wash. 2d 264, 133 P. 2d 300.

No.. HUMES v. UNITED STATES. December 6, 1943. Application denied. MR. JUSTICE MURPHY took no part in the consideration or decision of this application.

No.. BLAYDES V. RAGEN, WARDEN. December 6, 1943. Application denied.

No.. REED v. HUFF, GENERAL SUPERINTENDENT. December 6, 1943. The motion for leave to file a petition for a writ of certiorari is denied.

No.-
No.

No.

-.

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EX PARTE RAYMOND PAUL HILE;
EX PARTE DEWEY GOOCH;

EX PARTE PAUL O'NEIL;

No.-. EX PARTE HARRY MILLER; and

320 U.S.

Decisions Per Curiam, Etc..

No.. EX PARTE HAROLD JACKSON.

December 6,

1943. The motions for leave to file petitions for writs of habeas corpus are denied.

No.- EX PARTE UNITED STATES EX REL. TENNESSEE VALLEY AUTHORITY. December 6, 1943. The motion for leave to file a petition for writ of mandamus or writ of prohibition is denied without prejudice to the filing of an application for a writ of certiorari. MR. JUSTICE BLACK, MR. JUSTICE DOUGLAS, MR. JUSTICE MURPHY, and MR. JUSTICE RUTLEDGE think that a rule to show cause should issue. Solicitor General Fahy and Mr. William C. Fitts, Jr. for petitioner.

No. 502. SMITH ET AL., CO-PARTNERS, TRADING AS THOMSON & MCKINNON, v. LUMMUS, TAX ASSESSOR, ET AL. Appeal from the Supreme Court of Florida. December 13, 1943. Per Curiam: The motion to dismiss is granted and the appeal is dismissed for the want of a substantial federal question. Metropolitan Life Ins. Co. v. New Orleans, 205 U. S. 395; Liverpool Ins. Co. v. Board of Assessors, 221 U. S. 346; Curry v. McCanless, 307 U. S. 357, 368. Mr. George H. Salley for appellants. Messrs. J. Tom Watson, Attorney General of Florida, and Lawrence A. Truett, Assistant Attorney General, for appellees. Reported below: 14 So. 2d 897.

No.. EX PARTE EDWARD CASEBEER; and

No.. Ex PARTE FRANK J. KANE. December 13, 1943. The motions for leave to file petitions for writs of habeas corpus are denied.

Decisions Per Curiam, Etc.

320 U.S.

EX PARTE WADE H. COOPER.

December 13,

No. -. 1943. The motion for leave to file petition for writ of mandamus is denied.

No. 504. CHICAGO & NORTH WESTERN RAILWAY Co. v. UNITED STATES ET AL. Appeal from the District Court of the United States for the Northern District of Illinois. December 20, 1943. Per Curiam: The motions to affirm are granted and the judgment is affirmed. (1) § 77 (e) and (f) of the Bankruptcy Act; Ecker v. Western Pacific R. Corp., 318 U. S. 448, 471-475; Group of Investors v. Chicago, M., St. P. & P. R. Co., 318 U. S. 523, 564. (2) Great Northern Ry. Co. v. United States, 277 U. S. 172, 180– 183; United States v. Griffin, 303 U. S. 226, 234–237. Mrs. Helen W. Munsert and Mr. Luther M. Walter for appellant. Solicitor General Fahy and Mr. Daniel W. Knowlton for the United States et al.; and Messrs. Kenneth F. Burgess, Fred N. Oliver, and Douglas F. Smith for the Life Insurance Group Committee et al.,-appellees. Reported below: 52 F. Supp. 65.

No. 266. HARRISON, COLLECTOR OF INTERNAL REVENUE, V. DURKEE FAMOUS FOODS, INC. On petition for writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit. December 20, 1943. Per Curiam: The petition for writ of certiorari in this case is granted. The judgment is reversed upon the authority of Colgate-Palmolive-Peet Co. v. United States, 320 U. S. 422. Solicitor General Fahy for petitioner. Mr. Roger Hinds for respondent. Reported below: 136 F. 2d 303.

No.. EX PARTE PERCY WATTS. December 20, 1943. The motion for leave to file petition for writ of habeas corpus is denied.

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