Decisions Per Curiam, Etc. 331 U.S. Eighth Circuit. Argued April 30, 1947. Decided June 2. 1947. Per Curiam: Reversed. Blockburger v. United States, 284 U. S. 299; Albrecht v. United States, 273 U. S. 1; Gavieres v. United States, 220 U. S. 338. MR. JUSTICE DOUGLAS, MR. JUSTICE MURPHY, and MR. JUSTICE RUTLEDGE share the view of the Circuit Court of Appeals, 157 F. 2d 616, that this case is controlled by the principles announced in Morgan v. United States, 294 F. 82, 84; Tritico v. United States, 4 F. 2d 664, and Goetz v. United States, 39 F. 2d 903, and accordingly would affirm the judgment below. W. Marvin Smith argued the cause for the United States. With him on the brief were Acting Solicitor General Washington, Robert S. Erdahl and Irving S. Shapiro. Roger Kent argued the cause and filed a brief for respondent. Reported below: 157 F. 2d 616. Nos. 1286 and 1370. SPEARS v. SPEARS. Appeals from the Supreme Court of Michigan. June 2, 1947. Per Curiam: The appeals are dismissed for want of jurisdiction. § 237 (a), Judicial Code, as amended, 28 U. S. C. § 344 (a). Treating the papers whereon the appeals were allowed as petitions for writs of certiorari as required by § 237 (c) of the Judicial Code, as amended, 28 U. S. C. § 344 (c), certiorari is denied. Appellant pro se. George A. Sutton for appellee. No. 1309. CORN PRODUCTS REFINING Co. v. UNITED STATES ET AL. Appeal from the District Court of the United States for the Northern District of Illinois. June 2, 1947. Per Curiam: The motion to affirm is granted and the judgment is affirmed. United States v. American Sheet & Tin Plate Co., 301 U. S. 402; United States v. Wabash R. Co., 321 U. S. 403. Ernest S. Ballard and 331 U.S. Decisions Per Curiam, Etc. Parker McCollester for appellant. Acting Solicitor General Washington and Daniel W. Knowlton for the United States and the Interstate Commerce Commission, appellees. Reported below: 69 F. Supp. 869. No. 1334. UNITED STATES v. WHEELBARGER; No. 1335. UNITED STATES V. RAMBEAU; No. 1336. UNITED STATES v. LEWIN; and No. 1341. UNITED STATES v. SAGNER. Appeals from the District Court of the United States for the District of Oregon. June 2, 1947. Per Curiam: The judgments are reversed. United States v. Palletz, 330 U. S. 812, and authorities cited. Acting Solicitor General Washington for the United States. Reported below: No. 1341, 71 F. Supp. 52. No. 1344. HUMBLE OIL & REFINING Co. v. RAILROAD COMMISSION OF TEXAS ET AL.; and No. 1345. WILLIAMS ET AL. V. RAILROAD COMMISSION OF TEXAS ET AL. Appeals from the Court of Civil Appeals, 3d Supreme Judicial District, of Texas. June 2, 1947. Per Curiam: The motion to affirm is granted and the judgments are affirmed. J. A. Rauhut, Nelson Jones, Norman L. Meyers, Rex G. Baker and R. E. Seagler for appellant in No. 1344. Dan Moody for Williams et al., appellants in No. 1345. Price Daniel, Attorney General of Texas, and Fagan Dickson, First Assistant Attorney General, for the Railroad Commission of Texas et al., and James P. Hart for Ashcroft et al., appellees. Reported below: 193 S. W. 2d 824. No.. BAUER v. CLARK, ATTORNEY GENERAL OF THE UNITED STATES. June 2, 1947. The application for the appointment of counsel is denied. No. 142, Misc. Decisions Per Curiam, Etc. EDMONDSON V. BRADY, WARDEN. 331 U.S. June 2, 1947. The motion for leave to file petition for writ of certiorari is denied. No. 143, Misc. MALOYAN v. UNITED STATES CONGRESS. June 2, 1947. The application is denied. No. 144, Misc. EX PARTE SWITZER. June 2, 1947. The application is denied for the reason that it is not made within the time provided by law. No. 1317. FURMAN V. RAGEN, WARDEN. June 2, 1947. Petition for writ of certiorari to the Criminal Court of Cook County, Illinois, dismissed on motion of the petitioner. No. 1234. HELFEND V. FLEMING, TEMPORARY CONTROLS ADMINISTRATOR. See post, p. 838. The No. 107, Misc. EX PARTE BEST. June 9, 1947. application is dismissed on motion of counsel for the petitioner. No. 146, Misc. FORD V. RAGEN, WARDEN; and No. 148, Misc. HOOPER V. RAGEN, WARDEN. June 9, 1947. The motions for leave to file petitions for writs of habeas corpus are denied. No. 147, Misc. JOHNSON v. UTAH. June 9, 1947. The application is denied. 331 U.S. Decisions Per Curiam, Etc. No. 151, Misc. McMONIGLE v. CALIFORNIA. June 9, 1947. The application for a stay is denied. No. 1040. MCCANN v. CLARK, ATTORNEY GENERAL OF THE UNITED STATES. See post, p. 846. No. 724. WADE ET AL., DOING BUSINESS AS CADILLAC TOOL & DIE CO., ET AL. v. STIMSON ET AL. Appeal from the District Court of the United States for the District of Columbia. June 16, 1947. Per Curiam: The motion to affirm is granted and the judgment is affirmed. Aircraft & Diesel Equipment Corp. v. Hirsch, 331 U. S. 752, decided this day. John W. Piester and Paul B. Elcan for appellants. Acting Solicitor General Washington for appellees. Reported below: 65 F. Supp. 277. No. 836. ALASKA JUNEAU GOLD MINING Co. v. ROBERTSON ET AL. On petition for writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit. June 16, 1947. Per Curiam: The petition for rehearing is granted. The order entered May 12, 1947, denying certiorari, 331 U. S. 823, is vacated and the petition for writ of certiorari is granted limited to the question presented by the petition for rehearing as to the effect of the Portal-to-Portal Act of 1947, approved May 14, 1947, 61 Stat. 84. The judgment of reversal of the Circuit Court of Appeals is modified so as to provide that on remand to the District Court that Court shall have authority to consider any matters presented to it under the Portal-to-Portal Act of 1947. Wm. E. Colby for petitioner. Reported below: 157 F. 2d Decisions Per Curiam, Etc. 331 U.S. No. 149, Misc. CARR v. NEW YORK; No. 152, Misc. No. 153, Misc. FINKLE V. RAGEN, WARDEN; and VAN PELT V. RAGEN, WARDEN. June 16, 1947. The motions for leave to file petitions for writs of habeas corpus are denied. No. 96, Misc. FITZPATRICK v. RAGEN, WARDEN; and No. 150, Misc. TOMANEK V. RAGEN, WARDEN. June 16, 1947. The motions for leave to file petitions for writs of certiorari are denied. No. 154, Misc. TEGTMEYER v. TEGTMEYER. June 16, 1947. The application is denied. No. 754, October Term, 1945. SEWELL ET AL. v. COMMISSIONER OF INTERNAL REVENUE. June 16, 1947. The motion for an extension of time within which to file a second petition for rehearing is denied. THE CHIEF JUSTICE and MR. JUSTICE JACKSON took no part in the consideration or decision of this application. CONE v. WEST VIRGINIA PULP & PAPER CO. No. 184. June 16, 1947. date is denied. No. 425. MORRIS v. WALLING, WAGE & HOUR ADMINISTRATOR; and No. 562. RUTHERFORD FOOD CORP. ET AL. v. WALLING, WAGE & HOUR ADMINISTRATOR. June 16, 1947. McComb substituted as the party respondent in these cases. |