HARLAN, J., dissenting. 356 U.S. power over a relevant land market or a finding that the land involved is so unique as to constitute in itself the relevant market is remedied by this Court's reliance upon "common sense" and judicial notice of appellants' commanding position. But these are poor substitutes for the proof to which the Government should be put. I would remand to the District Court for a trial and findings on the issue of "dominance." AMERICAN MOTORS CORP. ET AL. v. CITY OF KENOSHA. APPEAL FROM THE SUPREME COURT OF WISCONSIN. No. 343. Decided March 10, 1958. 274 Wis 315, 80 N. W. 2d 363, affirmed. Solicitor General Rankin, Assistant Attorney General Rice, John N. Stull, A. F. Prescott and H. Eugene Heine, Jr. for the United States, and Alfred E. LaFrance for the American Motors Corporation, appellants. Wm. J. P. Abert and Robert V. Baker for appellee. PER CURIAM. The motion to affirm is granted and the judgment is affirmed. MR. JUSTICE FRANKFURTER, MR. JUSTICE BURTON, MR. JUSTICE HARLAN, and MR. JUSTICE WHITTAKER dissent for the reasons set forth in their dissenting opinions in City of Detroit v. Murray Corp., 355 U. S. 489, 495, 505, 511, decided March 3, 1958. ZIVNOSTENSKA BANKA, NATIONAL CORPORATION, v. STEPHEN, FORMERLY KNOWN AS AUGSTEIN, ET AL. APPEAL FROM THE COURT of appeals OF NEW YORK. No. 717. Decided March 10, 1958. Appeal dismissed for want of a substantial federal question. Lemuel Skidmore for appellant. PER CURIAM. The motion for leave to file brief of Frank Petschek et al., as amici curiae, is granted. The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question. HOUSTON BELT & TERMINAL RAILWAY CO. ET AL. v. UNITED STATES ET AL. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS. No. 730. Decided March 10, 1958. 153 F. Supp. 3, affirmed. R. S. Outlaw, T. R. Ware, G. W. Holmes and C. M. Spence for appellants. Solicitor General Rankin, Assistant Attorney General Hansen, Henry Geller, Robert W. Ginnane and B. Franklin Taylor, Jr. for the United States and the Interstate Commerce Commission, and C. Brien Dillon for the Texas & New Orleans Railroad Co., appellees. PER CURIAM. The motions to affirm are granted and the judgment is af irmed. Per Curiam. 356 U.S. MARSHALL v. BRUCKER, SECRETARY OF THE ARMY. ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT. No. 41, Misc. Decided March 10, 1958. Certiorari granted; judgment reversed; and case remanded to District Court for appropriate relief in the light of Harmon v. Brucker, 355 U. S. 579. Reported below: 100 U. S. App. D. C. 256, 243 F.2d 834. Petitioner pro se. Solicitor General Rankin for respondent. PER CURIAM. The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment of the United States Court of Appeals for the District of Columbia Circuit is reversed and the case is remanded to the District Court for appropriate relief in the light of Harmon v. Brucker and Abramowitz v. Brucker, 355 U. S. 579, decided March 3, 1958. MR. JUSTICE CLARK dissents from this disposition of the case for the reasons stated in his dissenting opinion in these cases. |