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DECISIONS PER CURIAM AND ORDERS FROM JUNE 24, 1947, THROUGH JANUARY 19, 1948.

CASES DISMISSED IN VACATION.

No. 62. UNITED STATES v. INTERNATIONAL SALT Co., INC. Appeal from the District Court of the United States for the Southern District of New York. August 19, 1947. Dismissed in vacation pursuant to Rule 35 of the Rules of this Court. Acting Solicitor General Washington for the United States. Henry B. Twombly for appellee. Reported below: 6 F. R. D. 302.

No. 246. CONTINENTAL DISTILLING SALES Co. v. TEXAS LIQUOR CONTROL BOARD. Appeal from the Court of Civil Appeals, 5th Supreme Judicial District, of Texas. September 26, 1947. Dismissed in vacation pursuant to Rule 35 of the Rules of this Court. O. O. Touchstone and Lloyd N. Cutler for appellant. Price Daniel, Attorney General of Texas, for appellee. 199 S. W. 2d 1009.

OCTOBER 6, 1947.

Miscellaneous Orders.

No. 81, October Term, 1946.

Reported below:

SECURITIES & EXCHANGE COMMISSION v. CHENERY CORPORATION ET AL.; and No. 82, October Term, 1946. SECURITIES & EXCHANGE COMMISSION v. FEDERAL WATER & GAS CORP. MR. JUSTICE JACKSON announced that he has filed an opinion, in which MR. JUSTICE FRANKFURTER joins, setting forth the detailed grounds for his dissent from the opinion and judgment of the Court entered June 23, 1947 in these cases. Opinion of the Court and dissenting opinion of MR. JUSTICE JACKSON reported at 332 U. S. 194, 209.

October 6, 13, 1947.

332 U.S.

No. 306. CONNELL v. BOARD OF SCHOOL DIRECTORS OF THE TOWNSHIP OF KENNETT ET AL. Appeal from the Supreme Court of Pennsylvania. Dismissed on motion of counsel for the appellant. Walter Schachtel for appellant. Robert T. McCracken for appellees. Reported below: 356 Pa. 585, 52 A. 2d 645.

OCTOBER 13, 1947.

Per Curiam Decisions.

No. 21. BROTHERHOOD OF LOCOMOTIVE FIREMEN & ENGINEMEN, LOCAL LODGE No. 926, ET AL. v. TOLEDO, PEORIA & WESTERN RAILROAD ET AL.; and

No. 42. FARMERS GRAIN CO. ET AL. v. BROTHERHOOD OF LOCOMOTIVE FIREMEN & ENGINEMEN, LOCAL LODGE No. 926, ET AL. Certiorari, 330 U. S. 816, to the Circuit Court of Appeals for the Seventh Circuit. Per Curiam: The judgment of the Circuit Court of Appeals is vacated and the cases are remanded to the District Court with directions to dismiss the complaint as moot, on motion of the respondent, Toledo, Peoria & Western Railroad, it appearing that counsel for the Brotherhood of Locomotive Firemen and Enginemen et al. agree that the cause is moot. Louis F. Knoblock, Harold C. Heiss and Russell B. Day for petitioners in No. 21. John E. Cassidy for the Farmers Grain Co. et al., petitioners in No. 42 and respondents in No. 21. Guy A. Gladson, George W. Ott and Donald A. Morgan for the Toledo, P. & W. R. Co., respondent in Nos. 21 and 42. Reported below: 158 F.2d 109.

No. 76. GRENZ v. STATE OF WASHINGTON. Appeal from the Supreme Court of Washington. Per Curiam: The appeal is dismissed for failure to comply with Rule 12 of the Rules of this Court. Reported below: 26 Wash. 2d 764, 175 P. 2d 633.

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No. 132. NESBITT v. GILL, COMMISSIONER OF REVENUE. Appeal from the Supreme Court of North Carolina. Per Curiam: The motion to affirm is granted and the judgment is affirmed. Bacon & Sons v. Martin, 305 U. S. 380; Gregg Dyeing Co. v. Query, 286 U. S. 472. Silas G. Bernard for appellant. Harry McMullan, Attorney General of North Carolina, for appellee. Reported below: 227 N. C. 174, 41 S. E. 2d 646.

No. 173. MESTER ET AL. v. UNITED STATES ET AL. APpeal from the District Court of the United States for the Eastern District of New York. Per Curiam: The motion to affirm is granted and the judgment is affirmed. Federal Communications Comm'n v. WOKO, 329 U. S. 223. MR. JUSTICE BLACK took no part in the consideration or decision of this case. Philip J. Hennessey, Jr., Paul M. Segal, Bernard Noskin and Harry P. Warner for appellants. Acting Solicitor General Washington for the United States and the Federal Communications Commission; Sanford H. Cohen for Bulova et al.; and Lynne A. Warren for O'Dea, appellees. Reported below: 70 F. Supp. 118.

Nos. 165 and 166. TAMPA TIMES CO. ET AL. v. CITY OF TAMPA. Appeals from the Supreme Court of Florida. Per Curiam: The appeals are dismissed for want of a substantial federal question. Chester H. Ferguson and John Henry Lewin for appellants. Reported below: 158 Fla. 595, 29 So. 2d 368, 371.

No. 267. ALLEN v. GLENN L. MARTIN CO. ET AL.;
HYMAN U. TYLER ET AL.; and

No. 268. No. 269. BENONI V. BETHLEHEM FAIRFIELD SHIPYARD, INC. ET AL. Appeals from the Court of Appeals of Maryland. Per Curiam: The motions to dismiss are granted and the appeals are dismissed for want of a sub

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stantial federal question. Paul Berman, Sigmund Levin and Theodore B. Berman for appellants. Daniel E. Klein for appellees in No. 267. William R. Semans for appellees in No. 268. Robert E. Coughlan, Jr. for appellees in No. 269. Reported below: No. 267, Md.

52 A. 2d

Md., 52 A. 2d 610; No. 269,

605; No. 268,
Md., 52 A. 2d 613.

No. 197. TEXAS & NEW ORLEANS RAILROAD Co. v. V. RIVERA S. EN C. Appeal from the Supreme Court of Louisiana. 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. Harry McCall for appellant. Eberhard P. Deutsch and R. Emmett Kerrigan for appellee. Reported below: 211 La. 969, 31 So. 2d 180.

No. 201. MCNAMARA ET AL. v. SALVATION ARMY, INC. Appeal from the Supreme Court of Kansas; and

No. 226. HART V. STATE OF WASHINGTON. Appeal from the Supreme Court of Washington. Per Curiam: The appeals are dismissed for want of jurisdiction. § 237 (a), Judicial Code, as amended, 28 U. S. C. § 344 (a). Treating the papers whereon the appeals were allowed as petitions for writs of certiorari as required by § 237 (c) of the Judicial Code, as amended, 28 U. S. C. § 344 (c), certiorari is denied. William Robert Koerner for appellant in No. 226. Reported below: No. 201, 162 Kan. 278, 176 P. 2d 265; No. 226, 26 Wash. 2d 776, 175 P. 2d 944.

No. 257. FLORIDA EX REL. MCKEIGHAN v. SULLIVAN, SHERIFF. Appeal from the Supreme Court of Florida.

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Per Curiam: The motion to dismiss is granted and the appeal is dismissed for the reason that the judgment of the court below is based upon a nonfederal ground adequate to support it. MR. JUSTICE MURPHY took no part in the consideration or decision of this case. Neville Miller for appellant. Eugene F. Black, Attorney General of Michigan, and J. Velma Keen for appellee. Reported below: 30 So. 2d 106.

No. 231. THIBAUT ET AL. v. CAR & GENERAL INSURANCE CORP., LTD. On petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit. Per Curiam: The petition for a writ of certiorari is granted. The judgment of the Circuit Court of Appeals is reversed and the cause is remanded to the District Court. Fred G. Benton for petitioners. Reported below: 161 F. 2d 657.

Miscellaneous Orders.

AMENDMENT TO RULE 33. For order entered this day amending Rule 33 of the Rules of this Court, see post, p. 857.

No. 1366, October Term, 1946. McDONALD V. HUNTER, WARDEN. The motion to extend the time to file petition for rehearing is denied. Howard F. McCue for petitioner. See 331 U. S. 853.

No. 89, October Term, 1946. UNITED STATES v. NATIONAL LEAD CO. ET AL.;

No. 90, October Term, 1946. NATIONAL LEAD CO. ET AL. v. UNITED STATES; and

No. 91, October Term, 1946.

MOURS & Co. v. UNITED STATES.

E. I. DU PONT DE NE

Order entered amending

opinion. Opinion reported as amended, 332 U. S. 319.

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