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Decisions Per Curiam, Etc.

326 U.S.

No. 76, Misc. STIZZA v. ESSEX COUNTY JUVENILE AND DOMESTIC RELATIONS COURT. January 14, 1946. The application is denied.

No. 77, Misc. EUREKA GAS Co. v. FORD, U. S. DISTRICT JUDGE. January 14, 1946. The motion for leave to file a petition for a writ of mandamus is denied. MR. JUSTICE REED took no part in the consideration or decision of this application. Mr. J. W. Jones for petitioner.

No. 290. HALLIBURTON OIL WELL CEMENTING Co. v. WALKER ET AL., DOING BUSINESS AS DEPTHOGRAPH COMPANY. Certiorari, 326 U. S. 705, to the Circuit Court of Appeals for the Ninth Circuit. Argued January 9, 1946. Decided January 28, 1946. Per Curiam: The judgment is affirmed by an equally divided Court. Mr. Earl Babcock for petitioner. Mr. Harold W. Mattingly for respondents. Reported below: 149 F. 2d 896.

No. 724. MONKS v. LEE. Appeal from Probate Court, Suffolk County, Massachusetts. January 28, 1946. Per Curiam: The motion to dismiss is granted and 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. JUSTICE RUTLEDGE took no part in the consideration or decision of this case. Mr. Herbert S. Avery for appellant. Mr. Robert E. Goodwin for appellee. See 318 Mass. 513, 62 N. E. 2d 657.

No. 725. TWENTIETH CENTURY ASSOCIATES, INC. v. WALDMAN. Appeal from Municipal Court, City of New

326 U.S.

Decisions Per Curiam, Etc.

York, New York. January 28, 1946. Per Curiam: The appeal is dismissed for the reason that it was not properly allowed. Rule 36, 28 U. S. C. § 868; Bartemeyer v. Iowa, 14 Wall. 26. MR. JUSTICE RUTLEDGE took no part in the consideration or decision of this case. Mr. Benjamin Bernstein for appellant. Nathaniel L. Goldstein, Attorney General of New York, Orrin G. Judd, Solicitor General, and Saul A. Shames, Assistant Attorney General, filed a statement on behalf of the State of New York, as amicus curiae, with respect to jurisdiction. Reported below: 184 Misc. 24, 53 N. Y. S. 2d 612.

No. 726. TWENTIETH CENTURY ASSOCIATES, INC. v. WALDMAN. Appeal from Municipal Court, City of New York, New York. January 28, 1946. Per Curiam: The appeal is dismissed for want of a substantial federal question. Block v. Hirsh, 256 U. S. 135; Marcus Brown Holding Co. v. Feldman, 256 U. S. 170; East New York Savings Bank v. Hahn, 326 U. S. 230. MR. JUSTICE RUTLEDGE took no part in the consideration or decision of this case. Mr. Benjamin Bernstein for appellant. Reported below: 184 Misc. 24, 53 N. Y. S. 2d 612.

No. 78, Misc. McMAHAN v. BENNETT, DIRECTOR. January 28, 1946. The motion for leave to file a petition for a writ of mandamus is denied. MR. JUSTICE RUTLEDGE took no part in the consideration or decision of this application.

No. 79, Misc. KINNER MOTORS, INC. v. BEAUMONT, U. S. DISTRICT JUDGE. January 28, 1946. The motion for leave to file a petition for a writ of mandamus is denied because application therefor is made to this Court rather than to the Circuit Court of Appeals. MR. JUSTICE RUT

673554-46-50

Orders Granting Certiorari.

326 U.S.

LEDGE took no part in the consideration or decision of this application. Mr. Ford W. Harris for petitioner.

No. 80, Misc. MILLER V. WILTMER, SUPERINTENDENT. January 28, 1946. The motion for leave to file a petition for a writ of habeas corpus is denied. MR. JUSTICE RUTLEDGE took no part in the consideration or decision of this application.

No. 81, Misc. DIOGUARDI V. DURNING, COLLECTOR OF CUSTOMS;

No. 82, Misc. SMITH V. MAGUIRE, JUSTICE, ET AL.; and

No. 83, Misc. HARDING V. LAGUARDIA, MAYOR, ET AL. January 28, 1946. The applications are denied. MR. JUSTICE RUTLEDGE took no part in the consideration or decision of these applications.

No. 36. JOHN KELLEY Co. v. COMMISSIONER OF INTERNAL REVENUE; and

No. 47. TALBOT MILLS v. COMMISSIONER OF INTERNAL REVENUE. January 28, 1946. Order entered amending opinion.

Opinion reported as amended, 326 U. S. 521.

ORDERS GRANTING CERTIORARI, FROM OCTOBER 1, 1945, THROUGH JANUARY 28, 1946.

No. 158. NEW YORK EX REL. RAY V. MARTIN, WARDEN. See ante, p. 685.

No. 329. COOK, COMMISSIONER, v. WILSON ET AL., PARTNERS, DOING BUSINESS AS WILSON LUMBER CO. See ante, p. 685.

326 U.S.

Orders Granting Certiorari.

No. 100. WILLIAMS ET AL. V. GREEN BAY & WESTERN RAILROAD CO. October 8, 1945. Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit granted. Mr. Milton Pollack for petitioners. Mr. Wm. Lloyd Kitchel for respondent. 147 F. 2d 777.

No. 142. AMERICAN SURETY Co. v. SAMPSELL, TRUSTEE IN BANKRUPTCY. October 8, 1945. Petition for writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit granted. Mr. William C. Mathes for petitioner. Mr. Thomas S. Tobin for respondent. Reported below: 148 F.2d 986.

No. 198. M. KRAUS & BROS., INC. v. UNITED STATES. October 8, 1945. Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit granted. Mr. Thomas Turner Cooke for petitioner. Acting Solicitor General Judson, Mr. Robert S. Erdahl and Miss Beatrice Rosenberg for the United States.

Nos. 278 and 281. RECONSTRUCTION FINANCE CORPORATION ET AL. v. DENVER & RIO GRANDE WESTERN RAILROAD CO. ET AL.;

No. 279. RECONSTRUCTION FINANCE CORPORATION ET AL. V. DENVER & SALT LAKE WESTERN RAILROAD CO. ET AL.; No. 280. RECONSTRUCTION FINANCE CORPORATION ET AL. v. CITY BANK FARMERS TRUST CO., TRUSTEE, ET AL.; and

No. 282. RECONSTRUCTION FINANCE CORPORATION ET AL. V. THOMPSON, TRUSTEE, ET AL. October 8, 1945. Petition for writs of certiorari to the Circuit Court of Appeals for the Tenth Circuit granted. Acting Solicitor General Judson, Messrs. John W. Davis, Edwin S. S. Sunderland, James L. Homire, Thomas O'G. FitzGibbon, Judson C.

Orders Granting Certiorari.

326 U.S.

McLester, Jr., Henry W. Anderson, George D. Gibson, W. A. W. Stewart, Arthur A. Gammell, John W. Drye, Jr. and George L. Shearer for petitioners. Messrs. William V. Hodges and Frank C. Nicodemus, Jr. for the Denver & Rio Grande Western Railroad Co., and Messrs. Edward E. Watts, Jr. and Peter H. Holme for the City Bank Farmers Trust Co., respondents. Reported below: 150 F. 2d 28.

No. 289. ALLEN, COLLECTOR OF INTERNAL REVENUE, v. TRUST COMPANY OF GEORGIA ET AL., EXECUTORS. October 8, 1945. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit granted. Acting Solicitor General Judson for petitioner. Messrs. John A. Sibley and Furman Smith for respondents. Reported below: 149 F. 2d 120.

No. 309. UNEMPLOYMENT COMPENSATION COMMISSION OF ALASKA ET AL. V. ARAGON ET AL. October 8, 1945. Petition for writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit granted. Messrs. E. Coke Hill, Marshall P. Madison and Francis R. Kirkham for petitioners. Mr. Herbert Resner for respondents. Reported below: 149 F. 2d 447.

No. 318. SOCIAL SECURITY BOARD V. NIEROTKO. October 8, 1945. Petition for writ of certiorari to the Circuit Court of Appeals for the Sixth Circuit granted. Acting Solicitor General Judson for petitioner. Messrs. Ernest Goodman and Morton A. Eden for respondent. Reported below: 149 F.2d 273.

No. 365. SEAS SHIPPING CO., INC. v. SIERACKI. October 8, 1945. Petition for writ of certiorari to the Circuit

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