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257 U.S.

Decisions Granting Certiorari.

No. 435. CHAN WY SHEUNG v. UNITED STATES. Order entered November 7, 1921.

These were petitions for a rehearing of the dismissal of petitions for certiorari which were not submitted to the court in accordance with the provision of Rule 37, par. 4, that "An application for a writ of certiorari will be deemed in time when the petition therefor, accompanied by the printed record and brief, is filed within the period prescribed by law, provided this is followed by submitting the petition in open court on some motion day not later than the first one which follows a period of four weeks after such filing." It has been made to appear to the satisfaction of the court that the failure to submit these petitions at the proper time was due to a misunderstanding as to the effect of the rule and an unwarranted reliance upon the assumed practice of the clerk of his own motion to present such petitions. The authority given by the rule to the clerk to present the petitions at the request of counsel was for the purpose of relieving counsel of the necessity of coming to court, frequently from long distances, to make a formal motion. It was not, however, intended to relax the requirement adopted to facilitate dispatch of business, that the petition should be presented on the motion day fixed by the rule. By granting these motions the court does not intend to relax the requirements of the rule, and suggests that hereafter to avoid question requests made to the clerk to present such petitions should be in writing. The applications in the foregoing cases are severally granted, and the petitions will be restored to the docket for consideration on their merits and considered as submitted. [See post, 630, 651, 652, 653, 654.]

No. 481. GREAT NORTHERN RAILWAY COMPANY V. VIVIAN H. STEINKE ET AL. November 7, 1921. Petition for a writ of certiorari to the Supreme Court of the State of

Decisions Granting Certiorari.

257 U.S.

North Dakota granted. Mr. M. L. Countryman and Mr. C. J. Murphy for petitioner. Mr. William G. Owens for respondents.

No. 510. DONALD M. HILL ET AL. V. CHARLES S. SMITH. November 7, 1921. Petition for a writ of certiorari to the Superior Court of the State of Massachusetts granted. Mr. Edward E. Blodgett for petitioners. No brief filed for respondent.

No. 575. A. BOURJOIS & COMPANY, INC. v. ANNA KATZEL. November 7, 1921. Petition for a writ of certiorari to the Circuit Court of Appeals for the Second Circuit granted. Mr. Hans V. Briesen and Mr. William A. Redding for petitioner. Mr. Manton M. Wyvell for respondent. Mr. Lindley M. Garrison, by leave of court, filed a brief as amicus curia.

No. 577. UNITED STATES v. A. C. LOUCKS ET AL. November 7, 1921. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit granted. Mr. Solicitor General Beck and Mr. Assistant Attorney General Riter for the United States. No brief filed for respondents.

No. 367. LIBERTY OIL COMPANY v. CONDON NATIONAL BANK ET AL. November 14, 1921. Petition for a writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit granted. Mr. Frederick W. Lehmann for petitioner. Mr. John J. Jones for respondents. [See post, 651; ante, 628.]

No. 381. SIOUX CITY BRIDGE COMPANY v. DAKOTA COUNTY, NEBRASKA. November 14, 1921. Petition for a

257 U.S.

Decisions Granting Certiorari.

writ of certiorari to the Supreme Court of the State of Nebraska granted. Mr. Wymer Dressler for petitioner. Mr. F. W. Sargent for respondent. [See post, 652; ante, 628.1

No. 334. McLANE TILTON v. FELIX M. DRENNEN, AS RECEIVER, ETC. December 12, 1921. Petition for a rehearing of order denying certiorari under par. 4 of Rule 37 granted. Mr. Forney Johnston for appellant. Mr. H. L. Stevens for appellee. [See post, 651, 657.]

No. 598. HENRY E. STEVENS, JR. v. ARTHUR S. ARNOLD ET AL., EXECUTORS, ETC. December 12, 1921. Petition for a writ of certiorari to the Circuit Court of Appeals for the Third Circuit granted. Mr. Harvey F. Carr for petitioner. No brief filed for respondents.

No. 625. STATE INDUSTRIAL COMMISSION OF THE STATE OF NEW YORK v. NORDENHOLT CORPORATION ET AL. December 12, 1921. Petition for a writ of certiorari to the Supreme Court of the State of New York granted. Mr. E. Clarence Aiken for petitioner. Mr. Elmer C. Sherwood for respondents.

No. 629. UNITED STATES v. CHARLES WALTER MORELAND. December 19, 1921. Petition for a writ of certiorari to the Court of Appeals of the District of Columbia granted. Mr. Solicitor General Beck, Mr. F. H. Stephens, Mr. George P. Barse and Mr. Lewis B. Perkins for the United States. Mr. Foster Wood for respondent.

No. 630. FEDERAL TRADE COMMISSION v. SINCLAIR REFINING COMPANY. January 3, 1922. Petition for a writ

Decisions Granting Certiorari.

257 U.S.

of certiorari to the Circuit Court of Appeals for the Seventh Circuit granted. Mr. Solicitor General Beck, Mr. Blackburn Esterline, Mr. W. H. Fuller, Mr. Adrien F. Busick and Mr. Eugene W. Burr for petitioner. No brief filed for respondent.

No. 652. JAMES C. DAVIS, DIRECTOR GENERAL OF RAILROADS, ETC. v. L. N. DANTZLER LUMBER COMPANY. January 3, 1922. Petition for a writ of certiorari to the Supreme Court of the State of Mississippi granted. Mr. Carl Fox and Mr. R. C. Beckett for petitioner. No appearance for respondent.

No. 648. WABASH RAILWAY COMPANY V. MILES ELLIOTT. January 16, 1922. Petition for a writ of certiorari to the Kansas City Court of Appeals of the State of Missouri granted. Mr. Frederic D. McKenney and Mr. N. S. Brown for petitioner. Mr. William Buchholz, Mr. I. B. Kimbrell and Mr. Martin J. O'Donnell for respondent.

No. 676. CROWN DIE & TOOL COMPANY V. NYE TOOL & MACHINE WORKS. January 16, 1922. Petition for a writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit granted. Florence King for petitioner. Mr. W. H. Dyrenforth and Mr. George A. Chritton for respondent.

No. 674. CONCRETE STEEL COMPANY V. GEORGE E. VANDENBURG. January 30, 1922. Petition for a writ of certiorari to the Circuit Court of Appeals for the Second Circuit granted. Mr. Thomas J. Johnston and Mr. L. E. Varney for petitioner. Mr. Carlos P. Griffin, Mr. O.

257 U.S.

Decisions Denying Certiorari.

Ellery Edwards and Mr. Joseph W. Cox for respondent. Mr. Solicitor General Beck, by leave of court, filed a brief as amicus curiæ.

No. 690. THOMAS G. WATKINS, TRUSTEE, ET AL. v. J. H. SEDBERRY ET AL. January 30, 1922. Petition for a writ of certiorari to the Circuit Court of Appeals for the Sixth Circuit granted. Mr. C. C. Calhoun and Mr. Clarence T. Boyd for petitioners. Mr. Charles S. Lawrence for respondents.

PETITIONS FOR CERTIORARI DENIED OR DISMISSED AS TARDY OR PREMATURE, FROM OCTOBER 3, 1921, TO AND INCLUDING FEBRUARY 27, 1922.

No. 300. STATE OF OHIO EX REL. ALLEN J. SENEY, PROSECUTING ATTORNEY, ETC. v. SWIFT & COMPANY ET AL. Appeal from the Circuit Court of Appeals for the Sixth Circuit. October 10, 1921. Petition for a writ of certiorari herein denied. Mr. Charles S. Northup, for appellant, in support of the petition. Mr. Harold W. Fraser, for appellees, in opposition to the petition.

No. 316. P. E. HUNTER v. UNITED STATES. October 10, 1921. Petition for a writ of certiorari to the Circuit Court of Appeals for the Fourth Circuit denied. Mr. Wade H. Ellis and Mr. Challen B. Ellis for petitioner. Mr. Assistant Attorney General Stewart and Mr. Hugh A. Fisher for the United States.

No. 331. GARFIELD PRIOLEAU v. UNITED STATES. October 10, 1921. Petition for a writ of certiorari to the Court of Appeals of the District of Columbia denied. Mr.

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