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on the brief were Solicitor General Perlman and Assistant Attorney General McInerney. Reported below: 189 F. 2d 56.

No. 665. AUTO TRANSPORTS, INC. ET AL. v. UNITED STATES ET AL. Appeal from the United States District Court for the Western District of Oklahoma. Per Curiam: The motion to affirm is granted and the judgment is affirmed. James W. Wrape, Glenn M. Elliott and L. Karlton Mosteller for Auto Transports, Inc.; and Henry M. Hogan and Walter R. Frizzell for General Motors Corporation, appellants. Solicitor General Perlman and Daniel W. Knowlton for the United States and the Interstate Commerce Commission, appellees. Reported below: 101 F. Supp. 132.

No. 671. BALTIMORE STEAM PACKET Co. v. VIRGINIA; and

No. 672. NORFOLK, BALTIMORE & CAROLINA LINE, INC. v. VIRGINIA. Appeals from the Supreme Court of Appeals of Virginia. Per Curiam: The motion to dismiss is granted and the appeals are dismissed. Tazewell Taylor, Jr. for appellant in No. 671. John W. Oast, Jr. for appellant in No. 672. J. Lindsay Almond, Jr., Attorney General of Virginia, and Henry T. Wickham, Assistant Attorney General, for appellee. Reported below: 193 Va. 55, 68 S. E. 2d 137.

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Miscellaneous Orders.

No. 456.

UNITED STATES v. HENNING ET AL. This case is restored to the docket for reargument.

No. 395, Misc. NOR WOODS v. KING ET AL. Supreme Court of California. Certiorari denied. Motion for leave to file petition for writ of mandate also denied.

994084 0-52-57

Memorandum of FRANKFURTER, J.

343 U.S.

No. 543. ON LEE V. UNITED STATES. Motion for leave to file brief of Joseph Steinberg and Donald Steinberg, as amici curiae, denied. Memorandum filed by MR. JUSTICE FRANKFURTER with a statement by MR. JUSTICE BLACK.

Memorandum of MR. JUSTICE FRANKFURTER.

The rule governing the filing of amici briefs clearly implies that such briefs should be allowed to come before the Court not merely on the Court's exercise of judgment in each case. On the contrary, it presupposes that the Court may have the aid of such briefs if the parties consent. For the Solicitor General to withhold consent automatically in order to enable this Court to determine for itself the propriety of each application is to throw upon the Court a responsibility that the Court has put upon all litigants, including the Government, preserving to itself the right to accept an amicus brief in any case where it seems unreasonable for the litigants to have withheld consent. If all litigants were to take the position of the Solicitor General, either no amici briefs (other than those that fall within the exceptions of Rule 27) would be allowed, or a fair sifting process for dealing with such applications would be nullified and an undue burden cast upon the Court. Neither alternative is conducive to the wise disposition of the Court's business. The practice of the Government amounts to an endeavor, I am bound to say, to transfer to the Court a responsibility that by the rule properly belongs to the Government. The circumstances of the application in this case illustrate the unfairness resulting from persisting in the Government's practice, in disregard of Rule 27.

MR. JUSTICE BLACK concurs in the foregoing views, but desires to state that he is of the opinion that the Court's rule regarding the filing of briefs amici curiae should be liberalized.

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No. 397, Misc. TATE v. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ET AL. C. A. 9th Cir. Certiorari denied. Motion for leave to file petition for writ of habeas corpus also denied.

No. 394, Misc.

No. 412, Misc.

No. 421, Misc.

and

No. 428, Misc.

HOUSE v. HIATT, WARDEN;

PULLINS v. ALVIS, WARDEN, ET AL.;

THOMPSON v. ROBINSON, WARDEN;

BURKHOLDER V. ARIZONA. Motions

for leave to file petitions for writs of habeas corpus denied.

No. 419, Misc. BYERS V. FEDERAL BAR ASSOCIATION; and

No. 429, Misc. IN RE KING. Applications denied.

Certiorari Granted.

No. 645. GULF RESEARCH & DEVELOPMENT CO. ET AL. V. LEAHY, U. S. DISTRICT JUDGE, ET AL. C. A. 3d Cir. Certiorari granted. THE CHIEF JUSTICE took no part in the consideration or decision of this application. Leonard S. Lyon and Thomas Cooch for petitioners. Worthington Campbell, E. Ennalls Berl and Mark N. Donohue for respondents. Reported below: 193 F. 2d 302.

No. 646. CARDOX CORPORATION v. C-O-Two FIRE EQUIPMENT Co. C. A. 7th Cir. Certiorari granted. THE CHIEF JUSTICE took no part in the consideration or decision of this application. George I. Haight, Andrew J. Dallstream and Fredric H. Stafford for petitioner. R. Morton Adams, Irving Herriott and Edward T. Connors for respondent. Reported below: 194 F. 2d 410.

No. 203, Misc.

BAUMET ET AL. v. UNITED STATES ET AL. C. A. 2d Cir. Certiorari granted. Petitioners pro se. Solicitor General Perlman filed a memorandum for the

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United States, respondent, stating that the Government does not oppose the granting of a writ of certiorari in this George G. Gallantz for Peters, Executrix, respondent. Reported below: 191 F. 2d 194.

case.

Certiorari Denied. (See also Misc. Nos. 395 and 397, supra.)

No. 580. CENTRAL HIDE & RENDERING Co. v. UNITED STATES. Court of Claims. Certiorari denied. E. E. Blakely for petitioner. Solicitor General Perlman, Assistant Attorney General Baldridge and Samuel D. Slade for the United States. Reported below: 121 Ct. Cl. 436.

No. 583. HOPTOWIT ET AL. v. SEUFERT BROTHERS CO. Supreme Court of Oregon. Certiorari denied. Kenneth R. L. Simmons for petitioners. T. Leland Brown for respondent. Reported below: 193 Ore. 317, 237 P. 2d 949.

No. 598. MARTINI V. UNITED STATES ET AL. C. A. 2d Cir. Certiorari denied. Jacob Rassner for petitioner. Solicitor General Perlman, Assistant Attorney General Baldridge, Samuel D. Slade and Herman Marcuse for the United States. Reported below: 192 F. 2d 649.

No. 600. FLORIDA DEHYDRATION Co. v. UNITED STATES. Court of Claims. Certiorari denied. Llewellyn A. Luce for petitioner. Solicitor General Perlman, Assistant Attorney General Baldridge, Samuel D. Slade and Benjamin Forman for the United States. Reported below: 121 Ct. Cl. 89, 101 F. Supp. 361.

No. 602. AMOROSO v. COMMISSIONER OF INTERNAL REVENUE. C. A. 1st Cir. Certiorari denied. Sumner W. Elton for petitioner. Solicitor General Perlman, Acting Assistant Attorney General Slack and Lee A. Jackson for respondent. Reported below: 193 F. 2d 583.

343 U.S.

No. 604.

April 21, 1952.

HANDZIK V. ILLINOIS EX REL. DICKERSON.
Certiorari denied. Frederick
Reported below: 410 Ill. 295,

Supreme Court of Illinois.
J. Bertram for petitioner.
102 N. E. 2d 340.

No. 609. HARVEY ET AL. v. UNITED STATES. United States Court of Appeals for the District of Columbia Circuit. Certiorari denied. Bernard Margolius for petitioners. Solicitor General Perlman, Assistant Attorney General McInerney and Robert S. Erdahl for the United States. Reported below: 90 U. S. App. D. C. —, 193 F.2d 928.

No. 614. KELHAM ET AL. v. COMMISSIONER OF INTERNAL REVENUE. C. A. 9th Cir. Certiorari denied. Leon de Fremery for petitioners. Solicitor General Perlman, Acting Assistant Attorney General Slack and Hilbert P. Zarky for respondent. Reported below: 192 F. 2d 785.

No. 618. MAJOR V. PHILLIPS-JONES CORPORATION. C. A. 2d Cir. Certiorari denied. Milton E. Mermelstein for petitioner. Eugene Frederick Roth for respondent. Reported below: 192 F. 2d 186.

No. 627. STRAUB ET AL. v. SAMPSELL, TRUSTEE IN BANKRUPTCY. C. A. 9th Cir. Certiorari denied. Charles K. Chapman and Alan E. Gray for petitioners. Thos. S. Tobin for respondent. Reported below: 194 F. 2d 228.

No. 628. Rocco v. UNITED STATES. C. A. 3d Cir. Certiorari denied. Charles J. Margiotti and Vincent M. Casey for petitioner. Solicitor General Perlman, Assistant Attorney General McInerney, Beatrice Rosenberg and Edward S. Szukelewicz for the United States. Reported below: 193 F. 2d 1008.

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