RUTLEDGE, J., concurring. 328 U.S. That question has been discussed in the briefs and the argument, for its bearing upon the disposition of the single question which certiorari was granted to review, namely, "whether actual exclusion of competitors is necessary to the crime of monopolization under § 2 of the Sherman. Act." 324 U. S. 836. On this issue I have no doubt of the correctness of the Court's conclusion that the offense of monopolization is complete when power is acquired to exclude competitors and therefore that actual exclusion need not be shown, for the reasons set forth in the opinion. Whether, in this view, multiple punishment may arise upon application of the law to particular facts under counts charging conspiracy in restraint of trade, monopolization, and conspiracy to monopolize presents a different question which can be determined only by examination of the manner in which the particular application has been made. Since, in view of the limited character of our action in granting certiorari, neither the issue of multiple punishment nor the facts of record upon which it arises are before us for review, it would be inappropriate to express opinion on that question. DECISIONS PER CURIAM, ETC., FROM APRIL 23, 1946, THROUGH JUNE 10, 1946.* No. 1009. GoSSELIN V. KELLEY, SUPERINTENDENT. Appeal from the Supreme Judicial Court of Maine. April 29, 1946. Per Curiam: The appeal is dismissed for want of a substantial federal question. MR. JUSTice Douglas and MR. JUSTICE RUTLEDGE dissent. F. Harold Dubord for appellant. Reported below: 141 Me. 412, 44 A. 2d 882. No. 115, Misc. UNITED STATES EX REL. FOXALL v. RAGEN, WARDEN; and No. 116, Misc. DOBRY v. OLSON, WARDEN. April 29, 1946. The motions for leave to file petitions for writs of habeas corpus are denied. No. 946. BADT, CAPTAIN, U. S. NAVY, U. UNITED STATES EX REL. REEL. On petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit. April 29, 1946. Petition for certiorari dismissed on motion of Solicitor General McGrath. Reported below: 152 F. 2d 627. No. 40. DEFENSE PLANT CORPORATION V. BEAVER COUNTY. April 30, 1946. Reconstruction Finance Corporation substituted for Defense Plant Corporation, which has been ordered dissolved by Act of June 30, 1945, c. 215, 59 Stat. 310. *MR. JUSTICE JACKSON took no part in the consideration or decisions of the cases in which judgments or orders were announced during this period. For orders on applications for certiorari, see post, pp. 825, 833; rehearing, post, p. 876. 817 Decisions Per Curiam, Etc. 328 U.S. No. 627. HOWARD HALL Co., INC. v. UNITED STATES ET AL. Appeal from the District Court of the United States for the Northern District of Alabama. Argued April 30 and May 1, 1946. Decided May 6, 1946. Per Curiam: The judgment is affirmed. Alton R. Co. v. United States, 315 U. S. 15; United States v. Carolina Freight Carriers Corp., 315 U. S. 475; Howard Hall Co. v. United States, 315 U. S. 495. Harold G. Hernly argued the cause for appellant. With him on the brief was James W. Wrape. Daniel W. Knowlton argued the cause for the United States and Interstate Commerce Commission, appellees. With him on the brief were Solicitor General McGrath, Assistant Attorney General Berge, Edward Dumbauld, David O. Mathews, Nelson Thomas and Allen Crenshaw. Reported below: 65 F. Supp. 166. No. 1087. FEDERAL TRADE COMMISSION v. S. BUCHSBAUM & Co. On petition for writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit. May 6, 1946. Per Curiam: The petition for a writ of certiorari is granted. A trial examiner of the Federal Trade Commission died after having heard some of the witnesses in these proceedings. Respondent moved that the new trial examiner start the proceedings anew and hear all the evidence de novo. The Commission denied this motion. In the enforcement proceeding before the Circuit Court of Appeals respondent assigned this denial as one of a number of alleged errors. On that ground alone, and without passing on others urged by petitioner, the Circuit Court of Appeals refused to enforce the Commission's order. Respondent here moves for leave to file a written waiver of the assigned error relied on by the court below and also moves that the Circuit Court of Appeals judgment be reversed and that the case be remanded for consideration of the other errors assigned below. Motion for leave to file 328 U.S. Decisions Per Curiam, Etc. written waiver is granted. The judgment of the Circuit Court of Appeals is vacated and the case is remanded for consideration of the other errors assigned below. Solicitor General McGrath for petitioner. Walter H. Moses for respondent. Reported below: 153 F.2d 85. No. 609. COMET CARRIERS, INC. v. WALLING, WAGE & HOUR ADMINISTRATOR. Certiorari, 326 U. S. 716, to the Circuit Court of Appeals for the Second Circuit. May 6, 1946. Writ of certiorari dismissed on motion of counsel for petitioner. Ralph D. Elmer for petitioner. Solicitor General McGrath and Bessie Margolin for respondent. Reported below: 151 F. 2d 107. No. 118, Misc. SANTA FE PACIFIC RAILROAD CO. v. LING, U. S. DISTRICT JUDGE. May 13, 1946. The motion for leave to file a petition for a writ of mandamus is denied. Roche v. Evaporated Milk Assn., 319 U. S. 21. J. C. Gibson, Lawrence Cake and Richard Fennemore for petitioner. Solicitor General McGrath, J. Edward Williams and Roger P. Marquis for respondent. No. 117, Misc. No. 119, Misc. No. 120, Misc. NOWAK v. NIERSTHEIMER, WARDEN; POVICH v. NICHOLSEN, WARDEN. May 13, 1946. The motions for leave to file petitions for writs of habeas corpus are denied. May 13, No. 104, Misc. DALE v. HEINZE, WARDEN. 1946. Dismissed. The matters were presented and disposed of by denial of petition for certiorari in No. 949, Dale v. California, 327 U. S. 809. 328 U.S. Decisions Per Curiam, Etc. No. 918. LYNCH ET AL. v. NEW JERSEY ET AL. On petition for writ of certiorari to the Court of Errors and Appeals of New Jersey. May 13, 1946. Petition for certiorari dismissed on motion of counsel for petitioners. Samuel L. Rothbard for petitioners. No. 1140. COGSWELL v. CHICAGO & EASTERN ILLINOIS RAILROAD CO. On petition for writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit. May 20, 1946. Per Curiam: The petition is granted, except as to the question whether the jury could have found respondent guilty of a violation of Rule 152 of the Interstate Commerce Commission. The judgment is reversed. Tiller v. Atlantic Coast Line R. Co., 318 U. S. 54, 67-8; Bailey v. Central Vermont R. Co., 319 U. S. 350, 353–4; Lavender v. Kurn, 327 U. S. 645. Royal W. Irwin for petitioner. Edward W. Rawlins for respondent. Reported below: 153 F.2d 94. No. 121, Misc. JONES v. WELCH, SUPERINTENDENT; and No. 122, Misc. DUGGAN v. OLSON, WARDEN. May 20, 1946. The motions for leave to file petitions for writs of habeas corpus are denied. No. 732. HELWIG v. UNITED STATES. On petition for writ of certiorari to the Circuit Court of Appeals for the Third Circuit. May 27, 1946. Per Curiam: The petition for writ of certiorari is granted. The judgment of the Circuit Court of Appeals is vacated and the cause remanded to the Circuit Court of Appeals with directions to require the District Court to perfect the record. Rule 39 of the Federal Rules of Criminal Procedure. See Miller |