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June 7, 1948. 334 U. S.

No. 428. Parker V. Illinois, ante, p. 816. Rehearing denied.

Statement by Mr. Justice Jackson: "A litigant, apparently in good faith, raises objection to my participation in decision of his case, basing his objection upon statements which, if true, might reasonably lead him to believe himself justified in making the challenge. It seems appropriate to set the record straight.

"In applying for a rehearing petitioner says: 'Prior to his elevation to the Supreme Court of the United States, Justice Jackson was the general counsel for Mr. Terry Druggan. Mr. Weymouth Kirkland was the associate counsel with Justice Jackson in the large money affairs of Mr. Druggan.' He adds that he is informed that for these reasons I 'had succeeded in dividing the U. S. Supreme Court against this defenseless petitioner.'

"The facts are that I never have been general counsel or counsel of any character for any person named Terry Druggan, never to my knowledge saw or met such a person, do not know who he might be, where he resides or what his affairs consist of. Neither in this nor in any other matter was I ever associated professionally with Mr. Weymouth Kirkland, nor has he at any time communicated directly or indirectly with me concerning this case or any other matter pending in this or any other Court."

Mr. Justice Black, Mr. Justice Douglas, Mr. JusTice Murphy, and Mr. Justice Rutledge having voted to reverse the judgment of conviction, vote to grant the petition for rehearing.

No. 563. Sikora Realty Corp. V. Woods, Housing Expediter, 333 U. S. 855. Rehearing denied.

No. 226, Misc. Taurisano V. New York, 332 U. S. 849. Rehearing denied.

334U.S. June 7, 14, 1948.

No. 326, Misc. O'loughlin V. Parker, Deputy ComMissioner, U. S. Employees' Compensation CommisSion. Motion for leave to file a second petition for rehearing denied.

June 14, 1948.

Per Curiam Decision.

No. 320. Lincoln Electric Co. V. Forrestal, SecRetary Of National Defense, Et Al. Appeal from the District Court of the United States for the District of Columbia. Per Curiam: The judgment is affirmed. Lichter v. United States, Pownall v. United States, and Alexander Wool Combing Co. v. United States, ante, p. 742, decided this day. Mr. Justice Burton took no part in the consideration or decision of this case. Ashley M. Van Duzer, Thomas V. Koykka and Charles Effinyer Smoot for appellant. Solicitor General Perlman for appellees. Reported below: 77 F. Supp. 444.

Miscellaneous Orders.

No. 490. Yarbrough, Executor, Et Al. V. Oklahoma Tax Commission. Appeal from the Supreme Court of Oklahoma. Judgment affirmed per stipulation of counsel to abide decision in West v. Oklahoma Tax Comm'n, ante, p. 717. Frank T. McCoy, John R. Pearson and Frank Mahan for appellants. C. W. King for appellee. Reported below: 200 Okla. —, 193 P. 2d 1017.

No. 491, Misc. Smith V. Hudspeth, Warden. Supreme Court of Kansas. Certiorari denied. Motion for leave to file petition for writ of habeas corpus also denied. Reported below: 162 Kan. 361,176 P. 2d 262.

No. 529, Misc. Trimarco V. Ragkn, Warden. Circuit Court of Will County, Illinois. Certiorari denied.

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June 14, 1948. 334 U. S.

Motion for leave to file petition for writ of habeas corpus also denied.

No. 243, Misc. DIDATo v. SHAw, DIRECTOR; No. 507, Misc. TATE v. HEINZE, WARDEN; No. 509, Misc. BAKER v. UTECHT, WARDEN; No. 541, Misc. RUTHVEN v. Over HolsFR, SUPERINTENDENT; No. 544, Misc. GALLAway v. MICHIGAN; No. 548, Misc. StokeR v. RAGEN, WARDEN; and No. 566, Misc. PETRO v. HEINZE, WARDEN. The motions for leave to file petitions for writs of habeas corpus are severally denied.

No. 364, Misc. McCULLUM v. ILLINois. Application denied.

No. 480, Misc. McCANN v. CLARK, ATTORNEY GENERAL. Motion for leave to file petition for writ of certiorari denied. Petitioner pro se. Solicitor General Perlman, Assistant Attorney General Quinn, Robert S. Erdahl and Irving S. Shapiro for respondent.

No. 508, Misc. IN RE HUDSON. Petition denied.

No. 517, Misc. IN RE HULT. Motion for leave to file petition for writ of mandamus denied.

No. 538, Misc. FIFE v. RAGEN, WARDEN. Petition denied.

No. 545, Misc. WALKER v. MARYLAND. Petition denied. Certiorari Granted.

No. 524, Misc. UPSHAw v. UNITED STATES. United States Court of Appeals for the District of Columbia.

334 U.S. June 14, 1948.

Certiorari granted. Joel D. Blackwell for petitioner. Solicitor General Perlman, Assistant Attorney General Quinn and W. Marvin Smith for the United States. Reported below: 168 F. 2d 167.

Certiorari Denied. (See also Nos. ^91, Misc., and 529, Misc., supra.)

No. 77. Estate Of Nathan V. Commissioner Of InTernal Revenue. C. C. A. 7th. Certiorari denied. Myron E. Wisch and Louis R. Kupfer for petitioner. George T. Washington, then Acting Solicitor General, Sewall Key, Helen R. Carloss and L. W. Post for respondent. Reported below: 159 F. 2d 546.

No. 592. Kentucky V. Illinois Central Railroad Co. Court of Appeals of Kentucky. Certiorari denied. Eldon S. Dummit, Attorney General of Kentucky, for petitioner. Charles A. Helsell and V. W. Foster for respondent. Reported below: 305 Ky. 632. 204 S. W. 2d 973.

No. 747. Mcrae V. California. Supreme Court of California. Certiorari denied. Donald Eugene Wachhorst for petitioner. Reported below: 31 Cal. 2d 184, 187 P. 2d 741.

No. 766. Barsky Et Al. V. United States. United States Court of Appeals for the District of Columbia. Certiorari denied. O. John Rogge and Lester Levin for petitioners. Solicitor General Perlman, Assistant Attorney General Quinn, Robert S. Erdahl and Irving S. Shapiro for the United States. Briefs of amici curiae supporting the petition were filed by Harry Sacher for the Civil Rights Congress; Robert W. Kenny, Hartley C. Crum, Charles Houston, Charles Katz, Ben Margolis and Martin Popper for Lawson et al.; David Rein for the

June 14, 1948. 334 U. S.

National Lawyers Guild; Osmond K. Fraenkel, Arthur Garfield Hays, Benjamin H. Kizer and Perry J. Stearms for the American Civil Liberties Union; Joseph Forer for the Southern Conference for Human Welfare; and Arthur G. Silverman for the International Longshoremen's & Warehousemen's Union et al. Reported below: 167 F. 2d 241.

No. 772. STEIN ET AL. v. UNITED STATES. C. C. A. 9th. Certiorari denied. Morris Lavine for petitioners. Solicitor General Perlman, Assistant Attorney General Quinn, Robert S. Erdahl and Joseph M. Howard for the United States. Reported below: 166 F.2d 851.

No. 773. SINNOTT ET AL. v. SouTH DAKOTA. Supreme Court of South Dakota. Certiorari denied. Herbert S. Thatcher for petitioners. Ray F. Drewry, Assistant Attorney General of South Dakota, for respondent. Reported below: 72S. Dak. —, 30 N. W. 2d 455.

No. 777. LAND O' LAKEs DAIRY Co. v. VILLAGE of SEBEKA ET AL. Supreme Court of Minnesota. Certiorari denied. M. J. Doherty for petitioner. J. A. A. Burnquist, Attorney General of Minnesota, and Geo. B. Sjoselius, Deputy Attorney General, for respondents. Reported below: 225 Minn. 540, 31 N.W.2d 660.

No. 779. SHAPERo v. CoM Mission ER of INTERNAL REVENUE. C. C. A. 6th. Certiorari denied. Thomas G. Long for petitioner. Solicitor General Perlman, Assistant Attorney General Caudle, Lee A. Jackson and L. W. Post for respondent. Reported below: 165 F. 2d 811.

No. 784. WHITIN MACHINE WoRKs v. REYNoLDs ET AL. C. C. A. 4th. Certiorari denied. Newton A. Burgess for petitioner. John M. Robinson and Drury W. Cooper for respondents. Reported below: 167 F.2d 78.

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