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304 U.S.

Decisions Per Curiam, Etc.

U. S. 308, 313; Mitchell v. United States, 21 Wall. 350,
353. Mr. S. W. Jensch for appellant. Mr. Joseph E.
Messerschmidt for respondents. Reported below: 227
Wis. 400; 278 N. W. 400.

No. 1010. BERMAN v. ILLINOIS BELL TELEPHONE Co. ET AL. Appeal from the District Court of the United States for the Northern District of Illinois. May 23, 1938. Per Curiam: The motion to affirm is granted. Mr. Meyer Abrams for appellant. Messrs. Kenneth F. Burgess, Leslie N. Jones, and W. Clyde Jones for appellees.

No. original. EX PARTE DENNIS J. McCARTHY. May 23, 1938. Application denied.

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No. 16, original. MISSOURI v. Iowa. May 23, 1938. Samuel Williston, Esq., of Cambridge, Massachusetts, appointed Special Master in this cause.

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No. 993. CHAMPLIN REFINING Co. v. RYAN, SECRETARY OF STATE. Appeal from the Supreme Court of Kansas. Decided May 31, 1938. Per Curiam: The appeal herein is dismissed for the want of jurisdiction. Section 237 (a), Judicial Code, as amended by the act of February 13, 1925 (43 Stat. 936, 937). The petition for writ of certiorari is denied. Mr. Horace G. McKeever for appellant. No appearance for respondent. Reported

.
below: 147 Kan. 160; 75 P. 2d 245.

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No. 1004. MUTUAL BENEFIT, HEALTH & ACCIDENT Assn. v. BOWMAN. On petition for writ of certiorari to

Decisions Per Curiam, Etc.

304 U.S.

the Circuit Court of Appeals for the Eighth Circuit. Decided May 31, 1938. Per Curiam: The petition for writ of certiorari is granted limited to the question of the right of respondent to recover under the law of New Mexico. The judgment of the Circuit Court of Appeals is vacated and the cause is remanded to the Circuit Court of Appeals for determination of the question presented. Erie Railroad Co. v. Tompkins, ante, p. 64; New York Life Ins. Co. v. Jackson, ante, p. 261; Rosenthal v. New York Life Ins. Co., ante, p. 263. Messrs. John S. Leahy, Philip E. Horan, and William C. Michaels for petitioner. No appearance for respondent. Reported below: 96 F. 2d 7.

No. 1045. MOSHER V. AMERICAN SURETY CO. ET AL. Appeal from the Superior Court of Maricopa County, Arizona. Decided May 31, 1938. Per Curiam: The motion of the appellee to dismiss the appeal is granted and the appeal is dismissed for the want of jurisdiction. Section 237 (a), Judicial Code, as amended by the act of February 13, 1925 (43 Stat. 936, 937). Treating the papers whereon the appeal was allowed as a petition for a writ of certiorari as required by $ 237 (c), Judicial Code, as amended (43 Stat. 936, 938), certiorari is denied. Mr. John W. Ray for appellants. Mr. Fred Blair Townsend for appellees. Reported below: 48 Ariz. 552.

No. 948. NED ET AL. v. ROBINSON. Appeal from the Supreme Court of Oklahoma. Decided May 31, 1938. Per Curiam: The appeal herein is dismissed for the want of jurisdiction. Section 237 (a), Judicial Code, as amended by the Act of February 13, 1925 (43 Stat. 936, 938). The petition for writ of certiorari is denied. Mr. H. A. Ledbetter for appellants. No appearance for appellee. Reported below: 181 Okla. 507; 74 P. 2d 1156.

304 U.S.

Decisions Per Curiam, Etc.

No. 1030. OIL SHARES INCORPORATED V. COMMERCIAL TRUST CO. ET AL. On petition for writ of certiorari to the Circuit Court of Appeals for the Third Circuit. Decided May 31, 1938. Per Curiam: The petition for writ of certiorari is granted, the decree of the Circuit Court of Appeals is reversed, and the decree of the District Court dismissing the complaint as to the respondent, Commercial Trust Company of New Jersey, is vacated. The cause is remanded to the District Court with instructions to set forth its findings of fact and conclusions of law in accordance with Equity Rule 7012. Mr. William M. Chadbourne for petitioner. Messrs. Thomas G. Haight and Albert C. Wall for respondents. Reported below: 94 F. 2d 751.

No. –, original. Ex PARTE MERRITT B. SCHUYLER. May 31, 1938. Application denied.

No. 1, original. GEORGIA v. TENNESSEE COPPER CO. ET AL. May 31, 1938. The return to the rule to show cause is received and ordered to be filed with leave to file a supplemental return on or before October 3, next.

No. 11, original. Texas v. New Mexico. May 31, 1938. Motion for leave to file petition and brief on behalf of Belen-Ladera Acequia, as amicus curiae, denied.

No. —, original. Ex PARTE FOWLER, ADMINISTRATOR, ET AL. May 31, 1938. The motion for leave to file petition for writ of mandamus is denied. Reported below: 95 F. 2d 627.

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No. 313. LONE STAR Gas Co. v. TEXAS ET AL. May 31, 1938. It is ordered that the opinion in this cause be amended by striking the word "interstate” from the ninth Decisions Granting Certiorari.

304 U.S.

line on page four thereof and substituting the word “intrastate” therefor, so that the sentence will read: “The fair value of its intrastate property was thus claimed to be $38,350,882.32 and the net amount available at the Commission's rate for return on intrastate deliveries of gas as less than four per cent." Reported as amended, ante, p. 224.

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No. 72. CROWN CORK & SEAL Co. v. FERDINAND GUTMANN Co. May 31, 1938. The motion to amend the judgment is denied. Messrs. Thomas G. Haight and John J. Darby for petitioner. Mr. Wm. E. Warland for respondent. Reported below: 86 F. 2d 698. See ante, p. 159.

DECISIONS GRANTING CERTIORARI, FROM

APRIL 12, 1938, THROUGH MAY 31, 1938.
No. 437. HINDERLIDER, STATE ENGINEER, ET AL. v. LA-
Plata RIVER & CHERRY CREEK Ditch Co. See ante,

p. 92.

No. 877. STAHMANN ET AL. V. VIDAL, COLLECTOR OF INTERNAL REVENUE. April 25, 1938. Petition for writ of certiorari to the Circuit Court of Appeals for the Tenth Circuit granted, limited to the question whether the petitioners were the proper parties to maintain the suit. Mr. Thornton Hardie for petitioners. Solicitor General Jackson, Assistant Attorney General Morris, and Messrs. Sewall Key and F. E. Youngman for respondent. Reported below: 93 F. 2d 902.

No. 905. Davis v. Davis. April 25, 1938. Petition for writ of certiorari to the Court of Appeals for the

304 U.S.

Decisions Granting Certiorari.

District of Columbia granted. Mr. Joseph T. Sherier for petitioner. Mr. Crandall Mackey for respondent. Reported below: 96 F. 2d 512.

No. 915. FEDERAL POWER COMMISSION V. METROPOLITAN EDISON CO. ET AL. April 28, 1938. Petition for writ of certiorari to the Circuit Court of Appeals for the Third Circuit granted. MR. JUSTICE ROBERTS took no part in the consideration or decision of this application. Solicitor General Jackson and Mr. Oswald Ryan for petitioner. Messrs. Walter Biddle Saul, C. Edward Paxson, Edward F. Huber, and Geo. J. Banigan for respondents. Reported below: 94 F. 2d 943.

No. 18, original. Ex PARTE PAYSOFF TINKOFF. May 2, 1938. The motion for leave to proceed in forma pauperis is granted. The motion for leave to file petition for writ of certiorari is also granted. Paysoff Tinkoff, pro se.

No. 904. WAIALUA AGRICULTURAL Co. v. CHRISTIAN ET AL.; and

No. 909. CHRISTIAN V. WAIALUA AGRICULTURAL Co. May 2, 1938. Petitions for writs of certiorari to the Circuit Court of Appeals for the Ninth Circuit granted. Messrs. Herman Phleger, Maurice E. Harrison, and J. Garner Anthony for the Waialua Agricultural Co. Messrs. M. C. Sloss and Charles M. Hite for Eliza R. P. Christian et al. Reported below: 93 F. 2d 603; 94 id. 806.

No. 869. New YORK LIFE INS. Co. v. JACKSON ET AL. See ante, p. 261.

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