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UNITED STATES REPORTS

VOLUME 359

CASES ADJUDGED

IN

THE SUPREME COURT

AT

OCTOBER TERM, 1958

OPINIONS AND DECISIONS PER CURIAM
MARCH 2 THROUGH JUNE 1, 1959
ORDERS FEBRUARY 24 THROUGH JUNE 1, 1959

WALTER WYATT

REPORTER OF DECISIONSAW LI

01933

UNIVERSITY OF CALIFORNIA
DAVIS

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON: 1959

For sale by the Superintendent of Documents, U. 8. Government Printing Office
Washington 25, D. C.

REPRINTED IN TAIWAN

JUSTICES

OF THE

SUPREME COURT

DURING THE TIME OF THESE REPORTS.

EARL WARREN, CHIEF JUSTICE.
HUGO L. BLACK, ASSOCIATE JUSTICE.
FELIX FRANKFURTER, ASSOCIATE JUSTICE.
WILLIAM O. DOUGLAS, ASSOCIATE JUSTICE.
TOM C. CLARK, ASSOCIATE JUSTICE.
JOHN M. HARLAN, ASSOCIATE JUSTICE.

WILLIAM J. BRENNAN, JR., ASSOCIATE JUSTICE.
CHARLES E. WHITTAKER, ASSOCIATE JUSTICE.
POTTER STEWART, ASSOCIATE JUSTICE.*

RETIRED

STANLEY REED, ASSOCIATE JUSTICE.

HAROLD H. BURTON, ASSOCIATE JUSTICE.
SHERMAN MINTON, ASSOCIATE JUSTICE.

WILLIAM P. ROGERS, ATTORNEY GENERAL.
J. LEE RANKIN, SOLICITOR GENERAL.
JAMES R. BROWNING, CLERK.

WALTER WYATT, REPORTER OF DECISIONS.
T. PERRY LIPPITT, MARSHAL.

HELEN NEWMAN, LIBRARIAN.

*Note on p. IV.

NOTE.

*MR. JUSTICE STEWART, who had been serving under a recess appointment since October 14, 1958, was nominated by President Eisenhower on January 17, 1959; the nomination was confirmed by the Senate on May 5, 1959; he was given a new commission on May 7, 1959; and he again took the oaths on May 15, 1959. See post, p. VII.

SUPREME COURT OF THE UNITED STATES.

ALLOTMENT OF JUSTICES.

It is ordered that the following allotment be made of the Chief Justice and Associate Justices of this Court among the circuits, pursuant to Title 28, United States Code, Section 42, and that such allotment be entered of record, viz:

For the District of Columbia Circuit, EARL WARREN, Chief Justice.

For the First Circuit, FELIX FRANKFURTER, Associate Justice.

For the Second Circuit, JOHN M. HARLAN, Associate Justice.

For the Third Circuit, WILLIAM J. BRENNAN, JR., Associate Justice.

For the Fourth Circuit, EARL WARREN, Chief Justice. For the Fifth Circuit, HUGO L. BLACK, Associate Justice.

For the Sixth Circuit, POTTER STEWART, Associate Justice.

For the Seventh Circuit, TOм C. CLARK, Associate Justice.

For the Eighth Circuit, CHARLES E. WHITTAKER, Associate Justice.

For the Ninth Circuit, WILLIAM O. DOUGLAS, Associate Justice.

For the Tenth Circuit, CHARLES E. WHITTAKER, Associate Justice.

October 14, 1958.

(For next previous allotment, see 357 U. S., p. v.)

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