AMENDMENT OF RULES.

ORDER.

IT IS ORDERED that Rule 33 of the Rules of this Court be, and it hereby is, amended to read as follows:

"33

"REHEARING

"1. Of judgments or decisions other than those denying or granting certiorari.-A petition for rehearing may be filed with the clerk, in term time or in vacation, when accompanied by proof of service on the adverse party, within fifteen days after judgment or decision, unless the time is shortened or enlarged by the Court or a justice thereof. Such petition must be printed and forty copies thereof furnished. It must briefly and distinctly state its grounds, and be supported by a certificate of counsel to the effect that it is presented in good faith and not for delay. A petition for rehearing is not subject to oral argument, and will not be granted, unless a justice who concurred in the judgment or decision desires it, and a majority of the Court so determines.

"(a) A response, if printed and forty copies thereof furnished, accompanied by proof of service, may be filed with the clerk within ten days after service of petition, unless the time is shortened or enlarged by the Court or a justice thereof. Such response is not required, and the Court will not delay its action upon a petition for rehearing to await a response thereto, unless a response is requested by the Court.

"2. Of orders on petitions for writs of certiorari.—A petition for rehearing may be filed with the clerk in term time or in vacation, subject to the requirements respecting

time, service, printing, and number of copies furnished as provided in paragraph 1 of this rule. Any petition filed under this paragraph must briefly and distinctly state grounds which are confined to intervening circumstances of substantial or controlling effect (e. g., Sanitary Refrigerator Co. v. Winters, 280 U. S. 30, 34, footnote 1; Massey v. United States, 291 U. S. 608), or to other substantial grounds available to petitioner although not previously presented (e. g., Schriber-Schroth Co. v. Cleveland Trust Co., 305 U. S. 47, 50). Such petition is not subject to oral argument. A petition for rehearing filed under this paragraph must be supported by a certificate of counsel to the effect that it is presented in good faith and not for delay, and counsel must also certify that the petition is restricted to the grounds above specified.

"(a) A response, if printed and forty copies thereof furnished, accompanied by proof of service, may be filed with the clerk within ten days after service of petition, unless the time is shortened or enlarged by the Court or a justice thereof."

IT IS FURTHER ORDERED that the Rule as herein amended shall be applicable to all cases in which the action of the Court is taken after January 1, 1948.

OCTOBER 13, 1947.

INDEX

ADMINISTRATIVE LAW. See also Constitutional Law, III, 1;
Gas, 2.

Authority of agency-Securities & Exchange Commission-Public
Utility Act.-Order denying parity treatment to stock acquired by
management while plan of reorganization was before Commission,
sustained as adequately based; function and scope of judicial review.
S. E. C. v. Chenery Corp., 194.

ADMIRALTY.

Maritime torts-Jurisdiction of state court-Liability-General
agency contract.-Jurisdiction of state court of suit for maritime tort;
operators under general agency contract of vessel owned by United
States not deemed owners pro hac vice; stevedore injured by defective
boom without remedy in New York court against agents. Caldarola
v. Eckert, 155.

AGENTS. See Admiralty; Estoppel.

AGRICULTURAL ADJUSTMENT ACT. See Interest.

AGRICULTURE. See Constitutional Law, XI, 2; XII, 2; Insur-
ance; Interest.

ALIEN FRIEND. See Constitutional Law, VII; War.

ALIEN LAND LAW. See Constitutional Law, XI, 2; XII, 2.
ALIEN PROPERTY CUSTODIAN. See Constitutional Law, VII;
War.

ALIENS. See also Constitutional Law, VII; XI, 2; XII, 2; War.

Deportation-"Entry."-Return of resident alien seaman to United
States from foreign port, after torpedoing of ship on intercoastal
voyage, was not "entry" within meaning of provision for deportation
for crime committed within five years. Delgadillo v. Carmichael,

388.

ALLOCATION OF MARKETS. See Antitrust Acts, 4.

AMBIGUITY. See Constitutional Law, X, 1.

ANTITRUST ACTS. See also Procedure, 3.

1. Sherman Act-Sufficiency of complaint-Taxicabs.-Allegations
of combination and conspiracy to restrain and monopolize sale of
taxicabs to principal operating companies in four major cities charged
violation of Act. U. S. v. Yellow Cab Co., 218.

ANTITRUST ACTS-Continued.

2. Id. Allegations of conspiracy not to compete for contracts with
railroads to transport passengers and luggage between Chicago sta-
tions, charged violation of Act. Id.

3. Id.-Service rendered by local taxicabs in conveying interstate
passengers between homes and railroad stations was not interstate
commerce; combination or conspiracy to restrain or monopolize such
service not violative of Act. Id.

4. Sherman Act-Violations-Remedy.-Restraint of trade and
commerce in titanium products through pooling of patents and alloca-
tion of markets; injunction; terms of decree. U. S. v. National Lead
Co., 319.

5. Violations-Patented machines-Restrictive leases.-Provision of
leases of patented machines requiring exclusive use therein of lessor's
unpatented salt products, unlawful. International Salt Co. v. U. S.,
392.

6. Id. Injunction properly included requirement that patented
salt machines be leased, sold or licensed on non-discriminatory terms
and conditions. Id.

APPEAL. See Habeas Corpus; Jurisdiction, I, 2; II, 2; Proce-
dure, 5.

ARMED FORCES. See Criminal Law, 1; Jurisdiction, I, 3; Negli-
gence.

ARREST. See Constitutional Law, V; Criminal Law, 4.

ASSAULT. See Employers' Liability Act, 1.

ASSESSMENT. See Taxation, 1.

ATTORNEY GENERAL. See also Stipulations.

Powers-Legal proceedings-Interests of United States.-Power of
Attorney General to institute proceedings in Supreme Court against
California to determine rights of United States in 3-mile belt off
coast. U. S. v. California, 19.

ATTORNEYS. See Constitutional Law, VI; X, 9-11.

AUTOMOBILES. See Constitutional Law, V; Criminal Law, 4.
BAGGAGE. See Antitrust Acts, 2.

BANDS. See Taxation, 2.

BANKS. See Constitutional Law, I; III, 1; X, 4.

BILL OF RIGHTS. See Constitutional Law, IV; V; VI; VII; X,
1-4, 7, 11, 14.

BLUE RIBBON JURY. See Constitutional Law, X, 12; XI, 4.

BONDS. See also Set-Off.

Payment bonds-Laborers and materialmen-Sureties.-Rights
as between surety and Government under payment bond. U. S. v.
Munsey Trust Co., 234.

BROADCASTING. See Constitutional Law, III, 2; IV; X, 1-2;
XIII.

BURDEN OF PROOF. See Employers' Liability Act, 2.

CABS. See Antitrust Acts, 1-3.

CALIFORNIA. See Attorney General; Constitutional Law, II;
X, 7; XI, 2; XII, 2; Decree; Estoppel; Jurisdiction, I, 1; II,
1; Stipulations.

CARRIERS. See Antitrust Acts, 2-3; Constitutional Law, VIII,
2-6; IX; Employers' Liability Act; Labor, 1, 3.

CASE OR CONTROVERSY. See Jurisdiction, I, 1; II, 1.

CEILING PRICE. See Criminal Law, 2.

CERTIORARI. See Jurisdiction, II, 5.

CHARTER. See Constitutional Law, IX.

CHICAGO. See Antitrust Acts, 2.

CHILDREN. See Constitutional Law, XI, 2; XII, 2.

CIRCUIT COURT OF APPEALS. See Jurisdiction, III; Proce-
dure, 5.

CITIZENS. See Constitutional Law, XI, 2; XII, 2.

CIVIL PROCEDURE RULES. See Jurisdiction, III; Procedure,
3, 5.

CIVIL RIGHTS. See Constitutional Law, XI, 2; XII, 2.

CLASSIFICATION. See Constitutional Law, X, 2-3; XI; Crimi-
nal Law, 1.

CLAYTON ACT. See Antitrust Acts, 5-6.

COAST. See Attorney General; Constitutional Law, II.

COERCION. See Constitutional Law, III, 2; IV; X, 1-2, 6, 8.

COLLECTION. See Taxation, 1.

COLLEGES. See Constitutional Law, XI, 1.

COMBINATIONS. See Antitrust Acts, 1-4.

COMMERCE. See Antitrust Acts; Constitutional Law, VIII; Em-
ployers' Liability Act; Food and Drugs; Gas; Labor.