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DECISIONS PER CURIAM AND ORDERS FROM MARCH 25 THROUGH JUNE 3, 1957.

MARCH 25, 1957.*

Decisions Per Curiam.

No. 762. WISNIEWSKI V. UNITED STATES. On certificate from the United States Court of Appeals for the Eighth Circuit.

Per Curiam: Defendant was convicted of violation of 26 CFR § 175.121, a Regulation promulgated by the Secretary of the Treasury under the authority of § 2871 of the Internal Revenue Code of 1939, and providing that:

"No liquor bottle shall be reused for the packaging of distilled spirits for sale, except as provided in § 175.63 [exceptions not here relevant], nor shall the original contents, or any portion of such original contents, remaining in a liquor bottle be increased by the addition of any substance."

The Court of Appeals for the Eighth Circuit has certified to this Court the following question: "Does the phrase 'any substance' as employed in 26 C. F. R., Section 175.121, 1952 Cumulative Pocket Supplement, include tax paid distilled spirits?"

It appears that the question certified by the Court of Appeals was decided by another panel of that court less than a year and a half before the present certification, on reviewing the dismissal of the indictment in this very case. United States v. Goldberg, 225 F. 2d 180. Because of the volume of business, all but two Circuits have more than three Circuit Judges. This undoubtedly raises

*MR. JUSTICE WHITTAKER took no part in the consideration or decision of cases in which action was this day announced.

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problems when one panel has doubts about a previous decision by another panel of the same court. Whatever procedure a Court of Appeals follows to resolve these problems and desirable judicial administration commends consistency at least in the more or less contemporaneous decisions of different panels of a Court of Appeals-doubt about the respect to be accorded to a previous decision of a different panel should not be the occasion for invoking so exceptional a jurisdiction of this Court as that on certification. It is primarily the task of a Court of Appeals to reconcile its internal difficulties. See In re Burwell, 350 U. S. 521; Western Pacific R. Corp. v. Western Pacific R. Co., 345 U. S. 247. It is also the task of a Court of Appeals to decide all properly presented cases coming before it, except in the rare instances, as for example the pendency of another case before this Court raising the same issue, when certification may be advisable in the proper administration and expedition of judicial business.

The certificate must be dismissed.

Theodore H. Wangensteen for Wisniewski.

No. 548, Misc. COLLINS v. CALIFORNIA. Appeal from the District Court of Appeal of California, Second Appellate District. Per Curiam: The appeal is dismissed for want of a substantial federal question. Reported below: 145 Cal. App. 2d 473, 302 P. 2d 603.

No. 77. GUNACA v. NATIONAL LABOR RELATIONS BOARD EX REL. KOHLER COMPANY. Certiorari, 351 U. S. 981, to the United States Court of Appeals for the Seventh Circuit. Per Curiam: Upon suggestion of mootness by all the parties, the judgment of the Court of Appeals is vacated and the case is remanded to the District Court with directions to dismiss the cause as moot. Joseph L. Rauh, Jr., Daniel H. Pollitt, John Silard and

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Harold A. Cranefield for petitioner. Solicitor General Rankin and Jerome D. Fenton for the National Labor Relations Board. Jerome Powell for the Kohler Company, respondent. Reported below: 230 F. 2d 542.

No. 550, Misc. MCELROY v. MARYLAND. Appeal from the Court of Appeals of Maryland. Per Curiam: The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. Reported below: 211 Md. 385, 127 A. 2d 380.

Miscellaneous Orders.

No. 11, Original. UNITED STATES v. LOUISIANA. The motion of the Parish of St. Bernard, Louisiana, et al. for leave to intervene is denied. THE CHIEF JUSTICE took no part in the consideration or decision of this motion. Attorney General Brownell, Solicitor General Rankin, Oscar H. Davis, John F. Davis and George S. Swarth for the United States, plaintiff. L. H. Perez for the Parishes of Plaquemines and St. Bernard, L. O. Pecot for the Parishes of Iberia and St. Mary, Frank Langridge for the Parish of Jefferson, movants, and Frank J. Looney of counsel.

No. 107. KINGSLEY BOOKS, INC., ET AL. v. BROWN, CORPORATION COUNSEL. Appeal from the Court of Appeals of New York. (Probable jurisdiction noted, 352 U. S. 962.) The motion of the Attorney General of New York for leave to appear and present oral argument, as amicus curiae, is denied. The Attorney General of New York is invited to file a brief, as amicus curiae. Louis J. Lefkowitz, Attorney General of New York, James O. Moore, Jr., Solicitor General, and Ruth Kessler Toch, Assistant Attorney General, were on the motion. Reported below: 1 N. Y. 2d 177, 134 N. E. 2d 461.

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No. 422. OFFICE EMPLOYES INTERNATIONAL UNION, LOCAL NO. 11, AFL-CIO, v. NATIONAL LABOR RELATIONS BOARD. Certiorari, 352 U. S. 906, to the United States Court of Appeals for the District of Columbia Circuit. The motion of the International Brotherhood of Teamsters et al. for leave to intervene or in the alternative to present oral argument, as amici curiae, is denied. The motion for leave to file reply brief of the International Brotherhood of Teamsters et al., as amici curiae, is granted. Samuel B. Bassett and Clifford D. O'Brien for the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, AFL-CIO, et al., movants. Reported below: 98 U. S. App. D. C. 335, 235 F.2d 832.

No. 430. ACHILLI v. UNITED STATES. Certiorari, 352 U. S. 916, to the United States Court of Appeals for the Seventh Circuit. The motion of Carl J. Batter to withdraw appearance for petitioner is granted. Reported below: 234 F. 2d 797.

No. 752. JACOBS, DOING BUSINESS AS JACOBS INSTRUMENT Co., v. UNITED STATES. Motion to strike respondent's brief denied. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied. Petitioner pro se. Solicitor General Rankin, Assistant Attorney General Doub, Samuel D. Slade and Bernard Cedarbaum for the United States. Reported below: 239 F.2d 459.

No. 569, Misc. RENZ v. PINTO, SUPERINTENDENT, NEW JERSEY STATE PRISON FARM. Motion for leave to file petition for writ of habeas corpus denied. MR. JUSTICE BRENNAN took no part in the consideration or decision of this motion.

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No. 609, Misc. CHAPMAN v. UNDERWOOD, U. S. DISTRICT JUDGE. Motion for leave to file petition for writ of mandamus denied.

No. 475, Misc. GRAYSON v. UNITED STATES ATTORNEY GENERAL;

No. 544, Misc. DAVIS v. CLEMMER, DIRECTOR, DEPARTMENT OF CORRECTIONS, DISTRICT OF COLUMBIA;

No. 573, Misc. FLOURNOY v. KILDAY, SHERIFF;
DAVIS v. UNITED STATES;

No. 578, Misc.

No. 602, Misc.
No. 604, Misc.

ERAL, ET AL.;

No. 607, Misc.

No. 612, Misc.

WILLIAMS v. HERITAGE, WARDEN;
BROWN v. BROWNELL, ATTORNEY GEN-

ROCKWELL v. NEW YORK; and

CARRINGTON v. ECKLE, SUPERINTENDENT, LONDON PRISON FARM. Motions for leave to file petitions for writs of habeas corpus denied.

No. 555, Misc. METCALFE v. GUTKNECHT ET AL. Motion for leave to file petition for writ of certiorari denied.

No. 778. AIRCOACH TRANSPORT ASSOCIATION, INC., ET AL. v. AMERICAN AIRLINES, INC., ET AL.; and

No. 779. INDEPENDENT MILITARY AIR TRANSPORT ASSOCIATION v. AMERICAN AIRLINES, INC., ET AL. Motion of petitioners to defer consideration of the petitions for writs of certiorari denied. MR. JUSTICE BLACK would grant the motion. Petitions for writs of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied. Albert F. Beitel and John H. Pratt for petitioners in No. 778. Coates Lear and Theodore I. Seamon for petitioner in No. 779. Howard C. Westwood, John T. Lorch and Robert L. Stern for

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