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Decisions Per Curiam, Etc.

326 U.S.

§ 237 (c) of the Judicial Code, as amended, 28 U. S. C. § 344 (c), certiorari is granted. Mr. Thomas S. Buzbee for appellant. Reported below: 208 Ark. 459, 187 S. W. 2d 7.

No. 820, October Term, 1944. 10 EAST 40TH STREET BUILDING, INC. v. CALLUS ET AL. October 8, 1945. Order entered amending opinion. The petition for rehearing is denied.

Opinion reported as amended, 325 U. S. 578.

No. 111. DIBENEDETTO, INSPECTOR OF CUSTOMS, ET AL. v. MORGENTHAU, SECRETARY OF THE TREASURY. On petition for writ of certiorari to the United States Court of Appeals for the District of Columbia. October 8, 1945. Dismissed on motion of counsel for petitioners. Mr. Charles A. Horsky for petitioners. Acting Solicitor General Cox, Messrs. Paul A. Sweeney and Joseph B. Goldman for respondent. Reported below: 148 F.2d 223.

No. 243. DEVEREUX FOUNDATION, INC. v. LEA ET AL. Appeal from the Supreme Court of Pennsylvania. October 15, 1945. Per Curiam: The appeal is dismissed for want of a substantial federal question. Euclid v. Ambler Realty Co., 272 U. S. 365, 388, 390, and cases cited; Zahn v. Board of Public Works, 274 U. S. 325, 328, and cases cited; Nectow v. Cambridge, 277 U. S. 183. The petition for leave to intervene and for leave to file a motion to dismiss is denied. Mr. Edward J. Griffiths for appellant. Mr. Joseph Neff Ewing for petitioners. Reported below: 351 Pa. 478, 41 A. 2d 744.

No. 18, Misc. GRAY ET AL. v. BYBEE ET AL. October 15, 1945. The motion for leave to file a petition for writ of certiorari is denied.

326 U.S.

No. 24, Misc.

No. 26, Misc.

No. 27, MISC.

No. 28, Misc.

No. 29, Misc.

No. 30, Misc.

No. 32, Misc.

No. 33, Misc.

Decisions Per Curiam, Etc.

IN RE WILSON;

SAWYER V. DUFFY, WARDEN;

ISENBERG v. WELCH, SUPERINTENDENT;
PETERS v. ASHE, WARDEN;

BROWN v. UTAH;

HILLIARD V. JOHNSTON, WARDEN;
FOSTER V. ASHE, WARDEN; and
ROGERS v. SQUIER, WARDEN.

October

15, 1945. The motions for leave to file petitions for writs

of habeas corpus are denied.

No. 34, Misc. JOHNSON V. UTAH; and

No. 35, Misc.

METTER v. ZRISKEY ET AL. October 15,

1945. The applications are denied.

No. 31, Misc. ILLINOIS EX REL. SHAFFER v. RAGEN, WARDEN. October 15, 1945. The motion for leave to withdraw the motion for leave to file a petition for writ of habeas corpus is granted.

No. 204.

GRECO v. WHITECOTTON, WARDEN. October 15, 1945. The order of October 8, 1945 denying the petition for writ of certiorari, 326 U. S. 748, is vacated.

No. 219. GERSEWITZ V. NEW YORK. October 15, 1945. The petition for writ of certiorari to the Court of Appeals of New York is dismissed, it appearing that the petitioner died on September 8, 1945. Petitioner pro se. Mr. Henry J. Walsh for respondent. Reported below: 294 N. Y. 163, 61 N. E. 2d 427.

No. 431. FELDMAN ET AL. V. UNITED STATES. On petition for writ of certiorari to the Circuit Court of Appeals

Decisions Per Curiam, Etc.

for the Seventh Circuit. October 15, 1945.

326 U.S.

Dismissed

pursuant to stipulation of counsel. Mr. Arthur Abraham for petitioners. Acting Solicitor General Judson for the United States. Reported below: 149 F. 2d 951.

No. 12, original. UNITED STATES v. CALIFORNIA. October 22, 1945. The motion for leave to file the bill of complaint is granted.

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No. 39, Misc.

No. 40, Misc.

CARSON V. RAGEN, WARDEN; and

JENKOT V. RAGEN, WARDEN. October

22, 1945. The motions for leave to file petitions for writs of habeas corpus are denied.

No. 41, Misc. COYLE v. CALIFORNIA ET AL. October 22, 1945. The motions for leave to file petitions for writs of habeas corpus and certiorari are denied. The petition for appeal is also denied.

Nos. 20 and 21, Misc. LOBER ET AL. v. MORGAN, LEWIS & BOCKIUS ET AL. October 22, 1945. The motion for leave to file petition for writs of certiorari is denied. MR. Jus TICE DOUGLAS took no part in the consideration or decision of this application. Mr. Archibald Palmer for petitioners. Messrs. Frederic L. Ballard and Allen Hunter White for Ballard, Spahr, Andrews & Ingersoll et al., Mr. Henry S. Drinker for Drinker, Biddle & Reath et al., and Acting Solicitor General Judson, Messrs. Roger S. Foster, Milton V. Freeman and George Zolotar for the Securities & Exchange Commission, respondents.

326 U.S.

Decisions Per Curiam, Etc.

No. 43. KEETON, ADMINISTRATRIX, V. THOMPSON, TRUSTEE IN BANKRUPTCY. Certiorari, 324 U. S. 838, to the Supreme Court of Arkansas. Submitted October 15, 1945. Decided November 5, 1945. Per Curiam: On examination of all the evidence considered in this case by the Supreme Court of Arkansas, we are of opinion that the question of respondent's negligence should have been submitted to the jury. The judgment will be reversed and the cause remanded for further proceedings not inconsistent with this opinion. Messrs. Theron W. Agee and David S. Partain submitted for petitioner. Messrs. Thomas T. Railey and Thomas B. Pryor submitted for respondent. Reported below: 207 Ark. 793, 183 S. W. 2d 505.

No. 421. MCCALLUM v. BOARD OF MANAGERS AND THE GRIEVANCE COMMITTEE OF THE CHICAGO BAR ASSOCIATION. Appeal from the Supreme Court of Illinois. November 5, 1945. Per Curiam: The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question. Mr. Charles A. Horsky for appellant. Mr. Charles Leviton for appellees. Reported below: 391 Ill. 400, 64 N. E. 2d 310.

No. 42, Misc. No. 47, Misc. vember 5, 1945.

BERNARD V. WRIGHT, WARDEN; and HILLIARD V. JOHNSTON, WARDEN. NoThe motions for leave to file petitions for writs of habeas corpus are denied.

No. 46, Misc. IN RE YOUNG;

No. 48, Misc.

JUDGE; and

No. 49, Misc. vember 5, 1945.

HILLIARD v. ROCHE, U. S. DISTRICT

HILLIARD V. JOHNSTON, WARDEN. No-
The motions for leave to file petitions

for writs of mandamus are denied.

Decisions Per Curiam, Etc.

326 U.S.

No. 45, Misc. YOUNG v. ST. SURE, U. S. DISTRICT JUDGE. November 5, 1945. The motion for leave to file a petition for writ of certiorari is denied.

No. 43, Misc. IN RE YOUNG; and

No. 44, Misc. BANTZ v. SQUIER, WARDEN. November 5, 1945. The applications are denied.

No. 408. MONTGOMERY WARD & Co., INC. ET AL. V. UNITED STATES. November 5, 1945. Petition for writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit granted. The judgment of the Circuit Court of Appeals is vacated and the cause is remanded to the District Court with directions to dismiss the cause as moot. Messrs. Stuart S. Ball, John A. Barr, Harold A. Smith and Guy A. Gladson for petitioners. Solicitor General McGrath for the United States. Reported below: 150 F. 2d 369.

No. 50, Misc. REAGAN v. UTAH. November 13, 1945. The motion for leave to file a petition for writ of habeas corpus is denied.

No. 593. MCELROY, SECRETARY, ET AL. v. MITCHELL, ATTORNEY GENERAL, ET AL.; and

No. 594. MITCHELL, ATTORNEY GENERAL, ET AL. v. MCELROY, SECRETARY, ET AL. Appeals from the District Court of the United States for the District of Kansas. November 13, 1945. Appeals dismissed pursuant to stipulation, costs to be equally divided. Mr. Clyde Taylor for McElroy et al. A. B. Mitchell, Attorney General of Kansas, for Mitchell et al. Reported below: 60 F. Supp. 51.

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