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DECISIONS PER CURIAM, ETC., FROM APRIL 12,

1938, THROUGH MAY 31, 1938.*

No. 887. EUREKA PRODUCTIONS, INC. v. LEHMAN, GOVERNOR, ET AL. Appeal from the District Court of the United States for the Southern District of New York. Decided April 25, 1938. Per Curiam: The motion of the appellees to affirm is granted and the judgment is affirmed. Mutual Film Corp. v. Ohio Industrial Comm'n, 236 U. S. 230, 240, 241; Mutual Film Corp. v. Kansas, 236 U. S. 248, 258. Mr. Henry Pearlman for appellant. Mr. Henry Epstein, Solicitor General of New York, for appellees.

No. 965. TENNESSEE ELECTRIC POWER Co. v. ICKES, ADMINISTRATOR OF THE FEDERAL EMERGENCY ADMINISTRATION OF PUBLIC WORKS. Appeal from the District Court of the United States for the District of Columbia. Decided April 25, 1938. Per Curiam: The motion of the appellee to affirm is granted and the decree of the District Court is affirmed. Alabama Power Co. v. Ickes, 302 U. S. 464; Duke Power Co. v. Greenwood County, 302 U. S. 485. Mr. Spencer Gordon for appellant. Acting Solicitor General Bell for appellees. Reported below: 22 F. Supp. 639.

No.-, original. EX PARTE VICTOR J. EVANS. April 25, 1938. The motion for leave to file petition for writ of habeas corpus is denied.

*Mr. Justice Cardozo was absent from the bench, on account of illness, during the period covered by this volume.

For decisions on applications for certiorari, see post, pp. 552, 558; for rehearing, post, p. 586.

Decisions Per Curiam, Etc..

304 U.S.

No. 511. NEW NEGRO ALLIANCE ET AL. v. SANITARY GROCERY CO. April 25, 1938. It is ordered that the opinion in this cause be amended (1) by striking out the last three sentences in the first full paragraph on page 5 and substituting therefor the following: "The Court of Appeals thought that the dispute was not a labor dispute within the Norris-LaGuardia Act because it did not involve terms and conditions of employment such as wages, hours, unionization or betterment of working conditions, and that the trial court, therefore, had jurisdiction to issue the injunction. We think the conclusion that the dispute was not a labor dispute within the meaning of the Act, because it did not involve terms and conditions of employment in the sense of wages, hours, unionization or betterment of working conditions is erroneous.";

(2) By striking out of the second full paragraph on page 6 the first and second sentences and so much of the third sentence as reads: "In the first place" and starting a new sentence with a capital "T";

(3) By striking out the words "In the second place" in the fourth sentence in the second full paragraph on page 6 and beginning the sentence with a capital "T.” Opinion reported as amended, 303 U. S. 552.

Nos. 715 and 716. INSURANCE CO. April 25, 1938. In view of the Act of August 24, 1937 (50 Stat. 751), the Court hereby certifies to the Attorney General of the United States that the constitutionality of § 75 of the Bankruptcy Act, as amended by the Act of August 28, 1935 (49 Stat. 942), is drawn in question in this cause. Messrs. Samuel E. Cook, Wm. Lemke, Elmer McClain, and Ray M. Foreman for petitioner. Messrs. Louis M. Mantynband, Stanley K. Henshaw, and Virgie D. Parish for respondent. Reported below: 91 F. 2d 894.

WRIGHT v. UNION CENTRAL LIFE

304 U.S.

Decisions Per Curiam, Etc.

No. 978. AMERICAN NATIONAL BANK v. AMES ET AL. April 25, 1938. It is ordered that execution pursuant to the judgment of the Supreme Court of Appeals of Virginia entered in this cause be, and the same is hereby, stayed pending action upon the petition for writ of certiorari. Messrs. George P. Barse, Tazewell Taylor, and L. E. Birdzell for petitioner. Messrs. Wm. G. Maupin and James E. Heath for respondent. Reported below: 169 Va. 711; 194 S. E. 784.

No. 960. ARIZONA PUBLISHING Co. v. O'NEIL ET AL., MEMBERS OF AND CONSTITUTING THE STATE TAX COMMISSION OF ARIZONA. Appeal from the District Court of the United States for the District of Arizona. Decided May 2, 1938. Per Curiam: The judgment is affirmed. Grosjean v. American Press Co., 297 U. S. 233, 250; Associated Press v. Labor Board, 301 U. S. 103, 133; Giragi v. Moore, 301 U. S. 670. Messrs. Elisha Hanson and John Mason Ross for appellant. Mr. Allan K. Perry for appellees. Reported below: 22 F. Supp. 117.

No., original. EX PARTE ELZA G. WYATT. May 2, 1938. The motion for leave to file petition for writ of habeas corpus is denied.

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

No. 891. PHILADELPHIA V. UNION TRACTION Co. May 2, 1938. The application for writ of certiorari to the

Decisions Per Curiam, Etc.

304 U.S.

Circuit Court of Appeals for the Third Circuit is dismissed as premature. Craig v. United States, 298 U. S. 637; Continental Oil Co. v. United States, 299 U. S. 510. Mr. G. Coe Farrier for petitioner. Messrs. Francis Shunk Brown and Joseph Gilfillan for respondent.

No. 9, original. NEBRASKA v. WYOMING ET AL. May 2, 1938. After argument on the motion of the United States for leave to intervene and on the objections of the several States thereto, it was ordered that a proposed form of order be prepared by counsel and submitted for the consideration of the Court.

No. 215. TAX COMMISSION v. WILBUR ET AL., CO-TRUSTEES. Certiorari, 302 U. S. 668, to the Court of Appeals of Cuyahoga County, Ohio. Argued January 6, 1938. Decided May 16, 1938. Per Curiam: The writ of certiorari is dismissed as it appears upon argument that the judgment sought to be reviewed rests upon a non-federal ground adequate to support it. Cuyahoga Power Co. v. Northern Realty Co., 244 U. S. 300, 303, 304; Knights of Pythias v. Meyer, 265 U. S. 30, 32, 33; Lynch v. New York, 293 U. S. 52, 54, 55. Messrs. A. F. O'Neil, First Assistant Attorney General of Ohio, and Will P. Stephenson, with whom Messrs. Herbert S. Duffy, Attorney General of Ohio, and W. H. Middleton, Jr. were on the brief, for petitioner. Mr. Edwin H. Chaney, with whom Messrs. Harold T. Clark, Atlee Pomerene, and Howard L. Barkdull were on the brief, for respondents. By leave of Court, Mr. Mortimer M. Kassell filed a brief on behalf of the Tax Commission of the State of New York, as amicus curiae, in support of the petitioner.

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Decisions Per Curiam, Etc.

NORTHERN PACIFIC R. Co. ET AL. v. UNITED

STATES ET AL.; and

No.. SCHMIDT ET AL. v. UNITED STATES ET AL. May 16, 1938. The applications, presented to the Chief Justice and referred by him to the Court, are denied.

No.

and

No.

--

original. EX PARTE CLARENCE M. BRUMMITT;

original. Ex PARTE JOSEPH J. MCCARTHY. May 16, 1938. Applications denied.

No. 9, original. NEBRASKA v. WYOMING ET AL. Argued May 2, 1938. Decided May 16, 1938. The United States having moved for leave to intervene herein, and the States of Nebraska, Wyoming, and Colorado having filed their objections to the granting of such motion, and the Court having heard argument by counsel upon the motion and objections;

It is now here ordered and adjudged as follows:

1. The motion of the United States for leave to intervene as a party herein is granted;

2. The United States shall have leave to file a petition of intervention within thirty days, with leave to the States of Nebraska, Wyoming, and Colorado within thirty days thereafter to file their answers thereto;

3. The record and testimony already received and exhibits filed shall stand as against the United States as the record of evidence in the cause to this date; but the United States shall be permitted to introduce such evidence as it may deem necessary to correct and supplement such testimony and exhibits;

81638°-38- -35

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