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331 U.S.

Decisions Per Curiam, Etc.

States for the Eastern District of New York. April 28, 1947. Per Curiam: The motions to affirm are granted and the judgment is affirmed. Parker McCollester for appellant. Acting Solicitor General Washington, Daniel W. Knowlton and J. Stanley Payne for the United States et al., appellees. H. Lauren Lewis for the Regular Common Carrier Conference, American Trucking Associations, appellee. Reported below: 70 F. Supp. 17.

No. 132, Misc. EX PARTE MCMAHAN. April 28, 1947. Application denied.

No. 134, Misc. EX PARTE GRAMLICH. April 28, 1947. The motion for leave to file petition for writ of habeas corpus is denied.

No. 135, Misc. MITCHELL v. NEBLETT, JUDGE. April 28, 1947. The motion for leave to file petition for writ of mandamus is denied. Petitioner pro se. Acting Solicitor General Washington for respondent.

No. 85. TRAILMOBILE COMPANY ET AL. v. WHIRLS. April 28, 1947. Order entered amending opinion. Opinion reported as amended, 331 U. S. 40.

No. 1104.

TRUDELL V. MISSISSIPPI; and

No. 1105. LEWIS v. MISSISSIPPI. Appeals from and petitions for writs of certiorari to the Supreme Court of Mississippi. May 5, 1947. Per Curiam: The appeals are dismissed and the petitions for writs of certiorari are

Decisions Per Curiam, Etc.

331 U.S.

denied. MR. JUSTICE MURPHY and MR. JUSTICE RUTLEDGE are of the opinion that the petitions for certiorari should be granted. MR. JUSTICE DOUGLAS took no part in the consideration or decision of these cases. Thurgood Marshall for appellants-petitioners. Reported below: No. 1104, 28 So. 2d 124; No. 1105, 28 So. 2d 122.

No. 136, Misc. PORESKY v. FORD, U. S. DISTRICT JUDGE. May 5, 1947. The motion for leave to file a petition for writ of mandamus is denied.

No. 1095. FLEMING, TEMPORARY CONTROLS ADMINISTRATOR, ET AL. v. MOBERLY MILK PRODUCTS Co. May 5, 1947. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia dismissed on motion of counsel for the petitioner. Acting Solicitor General Washington and Carl A. Auerbach for petitioner. Reported below: 82 U. S. App. D. C. —, 160 F. 2d 259.

No. 1051. HEALTH-MOR, INC. v. PORTER, PRICE ADSee post, p. 821.

MINISTRATOR.

No. 1346. FRANCIS v. RESWEBER, SHERIFF. On petition for writ of certiorari to the Supreme Court of Louisiana; and

No. 140, Misc. FRANCIS v. RESWEBER, SHERIFF, ET AL. On motion for leave to file petition for writ of habeas corpus. May 8, 1947. The petition for leave to file an original petition for writ of habeas corpus is denied for reasons set forth in Ex parte Hawk, 321 U. S. 114. In view of the grave nature of the new allegation set forth

331 U.S.

Decisions Per Curiam, Etc.

in this petition, the denial is expressly without prejudice to application to proper tribunals. MR. JUSTICE MURPHY is of opinion that the petition should be granted. The petition for writ of certiorari and the application for stay are denied. MR. JUSTICE RUTLEDGE is of the opinion that the application in No. 140, Misc. should be treated as a petition for rehearing in No. 142 of October Term, 1946, 329 U. S. 459; so regarded, the petition should be granted; the judgment in No. 142 should be vacated; and that cause remanded to the Supreme Court of Louisiana for further proceedings to determine the issues of fact presented by the petition. MR. JUSTICE DOUGLAS took no part in the consideration or decision of these applications.

No. 940. HILL PACKING Co. v. CITY OF NEW YORK ET AL. Appeal from the Court of Appeals of New York. May 12, 1947. Per Curiam: The judgment is affirmed. Rice v. Board of Trade of Chicago, 331 U. S. 247. MR. JUSTICE REED and MR. JUSTICE RUTLEDGE agree only that probable jurisdiction should be noted. Arnold J. Brock for appellant. Reported below: 296 N. Y. 668, 69 N. E. 2d 821.

No. 1294. DOBBS v. MISSISSIPPI. Appeal from the Supreme Court of Mississippi. May 12, 1947. Per Curiam: The appeal is dismissed. Treating the papers whereon the appeal was allowed as a petition for writ of certiorari as required by § 237 (c) of the Judicial Code, as amended, 28 U. S. C. § 344 (c), certiorari is denied. Ex parte Hawk, 321 U. S. 114; Mooney v. Holohan, 294 U. S. 103. MR. JUSTICE MURPHY is of the opinion that certiorari should be granted. Forrest B. Jackson and S. D. Redmond for appellant. Reported below: 29 So. 2d 84.

Decisions Per Curiam, Etc.

331 U.S.

No. 11, original. GEORGIA v. PENNSYLVANIA RAILROAD Co. ET AL. May 12, 1947. Upon consideration of the motion of the State of Alabama for leave to file petition of intervention, the opposition thereto, and the Special Report of the Special Master thereon, the motion is denied. A. A. Carmichael, Attorney General, and Claud D. Scruggs, Assistant Attorney General, for the State of Alabama. John Dickinson, Robert V. Fletcher and Hugh B. Cox for the Pennsylvania Railroad Co. et al., and William L. Grubbs, J. N. Flowers, Elmer A. Smith, W. R. C. Cocke, William H. Swiggart and S. R. Prince for the Atlantic Coast Line Railroad Co. et al., defendants.

No. 137, Misc. EX PARTE MCMAHAN. May 12, 1947. The motion for leave to file a petition for writ of mandamus is denied.

No. 138, Misc. MACBLAIN v. BURKE, WARDEN. May 12, 1947. The motion for leave to file a petition for writ of habeas corpus is denied.

No. 139, Misc. EX PARTE REASOR. May 12, 1947. The motion for leave to file a petition for writ of certiorari is denied.

No. 1241. FISHER V. NEW YORK. May 12, 1947. Petition for writ of certiorari to the County Court of Kings County, New York, dismissed on motion of the petitioner.

Cer

No. 715. OKLAHOMA ET AL. v. UNITED STATES. tiorari, 329 U. S. 711, to the Circuit Court of Appeals for

331 U.S.

Decisions Per Curiam, Etc.

the Tenth Circuit. Argued April 28, 29, 1947. Decided May 19, 1947. Per Curiam: The judgment is affirmed. Oklahoma v. Texas, 258 U. S. 574; Brewer Oil Co. v. United States, 260 U. S. 77. Mac Q. Williamson, Attorney General, argued the cause for the State of Oklahoma, and Nathan Scarritt argued the cause for the Champlin Refining Company, petitioners. With them on the brief were Harry O. Glasser and E. S. Champlin. Stanley M. Silverberg argued the cause for the United States. him on the brief were Acting Solicitor General Washington, Assistant Attorney General Bazelon, Roger P. Marquis and Fred W. Smith. Edward F. Arn, Attorney General of Kansas, filed a brief for that State, as amicus curiae, urging reversal. Reported below: 156 F. 2d 769.

With

No. 1161. TIMES-MIRROR Co. et al. v. NATIONAL LABOR RELATIONS BOARD. On petition for writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit. May 19, 1947. Per Curiam: The petition for writ of certiorari is granted. The judgment is vacated and the cause is remanded with directions to make findings of fact. Cf. Virginian R. Co. v. United States, 272 U. S. 658, 675; Rule 52 of the Federal Rules of Civil Procedure. Elisha Hanson, T. B. Cosgrove and John N. Cramer for petitioners. Acting Solicitor General Washington, Gerhard P. Van Arkel, Morris P. Glushien and Ruth Weyand for respondent.

No. 141, Misc.

ROBINSON υ. SHELBOURNE, JUDGE. May 19, 1947. Application denied.

No. 793. UNITED STATES v. MICHENER. Certiorari, 329 U. S. 711, to the Circuit Court of Appeals for the

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