Decisions Per Curiam, Etc. 312 U.S. No. 9, original. ARKANSAS v. TENNESSEE. March 17, 1941. DECREE On consideration of the report filed herein on February 24, 1941, by W. H. Green and O. W. Gauss, the Commissioners appointed herein by decree of this Court entered October 14, 1940 (311 U. S. 1), to locate and mark on the ground the boundary between the State of Arkansas and the State of Tennessee, at the points designated in said decree; and the State of Arkansas and the State of Tennessee having stipulated by counsel that they have no exceptions and no objections to the said report, and they having applied to this Court to terminate the time within which exceptions or objections to said report may be filed: It is now adjudged, ordered, and decreed as follows: 1. The time within which exceptions or objections to said report may be filed is hereby terminated; 2. The said report is in all respects confirmed; 3. The boundary line marked and located on the ground as set forth by the report and accompanying map is established and declared to be the true boundary between the State of Arkansas and the State of Tennessee, as determined by the decree of this Court of October 14, 1940; 4. As it appears that the Commissioners have completed their work in conformity with the decree of this Court of October 14, 1940, they are hereby discharged, and their fees and expenses in the amounts stated in the report are approved; 5. The Clerk of this Court is directed to transmit to the Chief Magistrates of the States of Arkansas and Tennessee copies of this decree, duly authenticated under the seal of this Court, together with copies of the said report 312 U.S. Decisions Per Curiam, Etc. of the Commissioners and of the accompanying map; 6. The costs in this cause shall be borne and paid in equal parts by the States of Arkansas and Tennessee. No. 268. MISSOURI-KANSAS PIPE LINE Co. v. UNITED STATES ET AL.; and No. 269. PANHANDLE EASTERN PIPE LINE Co. v. UNITED STATES ET AL. March 17, 1941. It is ordered that in the sentence beginning on line 6 of page 2 of the opinion handed down March 3, 1941, after the words "These acts stifled" and before the word "Panhandle's" there be inserted the words ", so it was claimed,". It is further ordered that the paragraph beginning on page 4 of the opinion be stricken from the opinion and that the following paragraph be added in its place: "A final contention in support of the order remains. It is based on two prior denials of motions by Mokan to intervene. Treating Mokan's motions as made on its own behalf on the score of its ownership of more than forty percent of Panhandle's stock, the district court denied the motions. Appeals from these denials were dismissed by the circuit court of appeals, 108 F. 2d 614, and we denied certiorari, 309 U. S. 687. The denials are now urged as res judicata. But they were a rejection of Mokan's attempt to intervene in its own behalf. In neither instance was the relief denied deemed a mode of enforcing Panhandle's rights under Sections IV and V of the Decree. The earlier denials involved different legal claims from that now asserted, and, therefore, are no bar to the present proceeding." The petition for rehearing in No. 268 is denied. Decisions Per Curiam, Etc. 312 U.S. No. 79. CITY COMPANY OF NEW YORK, INC. v. STERN; and No. 89. CHASE SECURITIES CORP. V. VOGEL. On petitions for writs of certiorari to the Circuit Court of Appeals for the Eighth Circuit. March 31, 1941. Per Curiam: The petitions for writs of certiorari are granted and the judgments are reversed. Vandenbark v. Owens-Illinois Glass Co., 311 U. S. 538; Pomeroy v. National City Co., 209 Minn. 155; 296 N. W. 513; Donaldson v. Chase Securities Corp., 209 Minn. 165; 296 N. W. 518. The causes are remanded to the Circuit Court of Appeals for further proceedings with respect to any questions not determined by the Supreme Court of Minnesota in the Pomeroy and Donaldson cases. Messrs. M. J. Doherty and Wilfrid E. Rumble for petitioner in No. 79. Messrs. F. H. Stinchfield and S. S. Jennings, Jr. for petitioner in No. 89. Mr. Benedict Deinard for respondents. Reported below: 110 F. 2d 601, 607. No. 603. GRAY, DIRECTOR OF THE BITUMINOUS COAL DIVISION OF THE DEPARTMENT OF THE INTERIOR, ET AL. v. POWELL ET AL., RECEIVERS. Certiorari, 311 U. S. 644, to the Circuit Court of Appeals for the Fourth Circuit. Argued March 14, 1941. Decided March 31, 1941. Per Curiam: The judgment is affirmed by an equally divided Court. Mr. Robert L. Stern, with whom Solicitor General Biddle, Assistant Attorney General Arnold, and Messrs. Richard H. Demuth, James C. Wilson, Abe Fortas, and Arnold Levy were on the brief, for petitioners. Messrs. Joseph F. Johnston and W. R. C. Cocke, with whom Mr. Wm. H. Delaney was on the brief, for respondents. Reported below: 114 F. 2d 752. No. 776. HELVERING, COMMISSIONER OF INTERNAL REVENUE, v. NEBRASKA BRIDGE SUPPLY & LUMBER CO. 312 U.S. Decisions Per Curiam, Etc. On petition for writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit. March 31, 1941. Per Curiam: The petition for writ of certiorari is granted and the judgment is reversed. Helvering v. Hammel, 311 U. S. 504; Electro-Chemical Engraving Co. v. Commissioner, 311 U. S. 513. Solicitor General Biddle for petitioner. Mr. Clarence T. Spier for respondent. Reported below: 115 F. 2d 288. No. 789. CANTEY v. MCLAIN LINE, INC., ET AL. On petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit. March 31, 1941. Per Curiam: The petition for writ of certiorari is granted, the judgment is reversed, and the cause is remanded to the District Court for further proceedings. South Chicago Coal & Dock Co. v. Bassett, 309 U. S. 251, 258-259. Mr. George J. Engleman for petitioner. Mr. Paul Speer for respondents. Reported below: 114 F. 2d 1017. No. 805. SUN-MAID RAISIN GROWERS ASSOCIATION ET AL. v. UNITED STATES ET AL. Appeal from the District Court of the United States for the Northern District of California. March 31, 1941. Per Curiam: The judgment is affirmed. Swayne & Hoyt v. United States, 300 U. S. 297, 303–304. Mr. J. Richard Townsend for appellants. Reported below: 33 F. Supp. 959. No. BECKER; and No. ARTHUR MATTHEW original. Ex PARTE ARTHUR original. Ex PARTE RAYMOND STITELY. March 31, 1941. The motions for leave to file petitions for writs of habeas corpus are denied. Decisions Per Curiam, Etc. 312 U.S. No. 291. EQUITABLE LIFE INSURANCE Co. v. HALSEY, STUART & Co. March 31, 1941. Ordered that the opinion in this case be amended by striking the word "unsuccessful" from the eighth line from the bottom of page 5. The petition for rehearing is denied. Opinion reported as amended, ante, p. 410. No. 373. JUST ET AL. V. CHAMBERS, EXECUTRIX. March 31, 1941. It is ordered that the opinion herein be amended by striking from the sixth and seventh lines of the second paragraph on page two the words, "and does not appear to be disputed here." The petition for rehearing is denied. Opinion reported as amended, ante, p. 383. No. 537. FASHION ORIGINATORS' GUILD OF AMERICA, INC., ET AL. V. FEDERAL TRADE COMMISSION. March 31, 1941. It is ordered that the last two sentences of the last full paragraph on page 2 of the opinion handed down March 3 be amended to read as follows: "And the power of the combination is made even greater by reason of the affiliation of some members of the National Federation of Textiles, Inc.-that being an organization composed of about one hundred textile manufacturers, converters, dyers, and printers of silk and rayon used in making women's garments. Those members of the Federation who are affiliated with the Guild have agreed to sell their products only to those garment manufacturers who have in turn agreed to sell only to cooperating retailers." Opinion reported as amended, ante, p. 457. |