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No. 581. MORGAN ET AL. v. UNITED STATES ET AL. See ante, p. 1.

No. 11, original (October Term, 1934). NEW JERSEY V. DELAWARE. May 31, 1938. The motion for leave to file petition for rehearing is granted, and petition denied. 291 U. S. 361; 295 U. S. 694.

No. 313. LONE STAR GAS Co. v. TEXAS ET AL. May 31, 1938.

No. 671. SCHULTZ v. LIVE STOCK NATIONAL BANK, ADMINISTRATOR. May 31, 1938. 302 U. S. 766.

No. 936.

NATIONAL CARBON Co. v. WESTERN SHADE

CLOTH CO. May 31, 1938.

No. 970. REMINGTON RAND, INC., v. UNITED STATES. May 31, 1938.

No. 985. SPRUILL V. DORSEY. May 31, 1938.

No. 988. ALAMO NATIONAL BANK V. COMMISSIONER OF INTERNAL REVENUE. May 31, 1938.

No. 989.

ALEXANDER V. COMMISSIONER OF INTERNAL REVENUE. May 31, 1938.

No. 882. ALLEN, COLLECTOR OF INTERNAL REVENUE, v. REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA. May 31, 1938.

AMENDMENT OF RULES OF COURT.

ORDER OF MAY 31, 1938.

It is ordered that paragraph 5(b) of Rule 38 of the Rules of this Court be amended so as to read as follows: "(b) Where a circuit court of appeals has rendered a decision in conflict with the decision of another circuit court of appeals on the same matter; or has decided an important question of local law in a way probably in conflict with applicable local decisions; or has decided an important question of federal law which has not been, but should be, settled by this court; or has decided a federal question in a way probably in conflict with applicable decisions of this court; or has so far departed from the accepted and usual course of judicial proceedings, or so far sanctioned such a departure by a lower court, as to call for an exercise of this court's power of supervision."

591

AMENDMENT OF CRIMINAL RULES.

ORDER OF MAY 31, 1938.

It is ordered that paragraph (3) of Rule II of the Rules of Practice and Procedure in Criminal Cases be, and the same is hereby, amended to read as follows:

"(3) Except in capital cases a motion for a new trial solely upon the ground of newly-discovered evidence may be made within sixty (60) days after final judgment, without regard to the expiration of the term at which judgment was rendered, unless an appeal has been taken and in that event the trial court may entertain the motion only on remand of the case by the appellate court for that purpose, and such remand may be made at any time before final judgment. In capital cases the motion may be made at any time before execution of the judgment."

592

STATEMENT SHOWING CASES ON DOCKETS,
CASES DISPOSED OF, AND CASES REMAINING
ON DOCKETS FOR THE OCTOBER TERMS 1935,
1936, AND 1937

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