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390 U.S.

April 22, 1968.

SCAFATI, CORRECTIONAL SUPERINTENDENT v.

GREENFIELD.

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS.

No. 1104. Decided April 22, 1968.

277 F. Supp. 644, affirmed.

Elliot L. Richardson, Attorney General of Massachusetts, Willie J. Davis and Howard M. Miller, Assistant Attorneys General, and Richard L. Levine, Deputy Assistant Attorney General, for appellant.

PER CURIAM.

The motion of appellee for leave to proceed in forma pauperis is granted. The motion to affirm is granted and the judgment is affirmed.

MR. JUSTICE HARLAN and MR. JUSTICE WHITE Would note probable jurisdiction and set the case for oral argument.

TILL v. NEW MEXICO.

APPEAL FROM THE SUPREME COURT OF NEW MEXICO.

No. 1189, Misc. Decided April 22, 1968.

78 N. M. 255, 430 P. 2d 752, appeal dismissed and certiorari denied.

Gladys Towles Root for appellant.

PER CURIAM.

The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for a writ of certiorari, certiorari is denied.

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NATIONWIDE MUTUAL INSURANCE CO. v. VAAGE ET AL.

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK.

No. 1177. Decided April 22, 1968.

265 F. Supp. 556, appeal dismissed.

Charles G. Pillon and Thomas A. Ziebarth for appellant.

Louis J. Lefkowitz, Attorney General of New York, Samuel A. Hirshowitz, First Assistant Attorney General, and Joel Lewittes, Assistant Attorney General, for appellees Rockefeller et al.

PER CURIAM.

The motion to dismiss is granted and the appeal is dismissed for want of jurisdiction.

ANDERSON ET AL. v. TIEMANN ET AL.

APPEAL FROM THE SUPREME COURT OF NEBRASKA.

No. 1218. Decided April 22, 1968.

182. Neb. 393, 155 N. W. 2d 322, appeal dismissed.

Ray C. Simmons for appellants.

Clarence A. H. Meyer, Attorney General of Nebraska, Gerald S. Vitamvas, Deputy Attorney General, and Richard H. Williams, Special Assistant Attorney General, for appellees.

PER CURIAM.

The appeal is dismissed for want of a substantial federal question.

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CITY OF NEW YORK ET AL. v. UNITED

STATES ET AL.

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS.

Affirmed.

No. 1141. Decided April 22, 1968.*

Lee A. Freeman, William G. Clark, Attorney General of Illinois, Joseph L. Alioto, John J. Dillon, Attorney General of Indiana, Elliot L. Richardson, Attorney General of Massachusetts, Robert L. Meade, Assistant Attorney General of Massachusetts, William B. Saxbe, Attorney General of Ohio, David G. Budd, Assistant Attorney General of Ohio, Crawford C. Martin, Attorney General of Texas, Thomas W. Mack, Assistant Attorney General of Texas, C. Donald Robertson, Attorney General of West Virginia, Benjamin F. Yancey, Jr., Deputy Attorney General of West Virginia, Bronson C. La Follette, Attorney General of Wisconsin, George F. Sieker and Theodore L. Priebe, Assistant Attorneys General of Wisconsin, J. Lee Rankin, Raymond F. Simon, Thomas M. O'Connor and Robert M. Desky for appellants in No. 1141. David Berger and Herbert B. Newberg for appellants in No. 1146.

Solicitor General Griswold and Assistant Attorney General Turner for the United States in both cases. Horace S. Manges, Donald J. Williamson, Don H. Reuben, Lawrence Gunnels, Bernard G. Segal, Edward W. Mullinix, Albert E. Jenner, Jr., Philip W. Tone, W. Donald McSweeney, Harry I. Rand, Samuel Weisbard, Harry Buchman, Robert H. Davison, George B. Christensen,

*Together with No. 1146, School District of Philadelphia et al. v. United States et al., also on appeal from the same court.

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H. Templeton Brown, Lee N. Abrams, James F. Dwyer, Leo Rosen, Roger Bryant Hunting and Robert C. Keck for appellees Harper & Row, Publishers, Inc., et al., both cases.

PER CURIAM.

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The motions to affirm are granted and the judgment is affirmed.

MR. JUSTICE BLACK would note probable jurisdiction and set the cases for oral argument.

MR. JUSTICE DOUGLAS took no part in the consideration or decision of these cases.

SAFEGUARD MUTUAL INSURANCE CO. v.
HOUSING AUTHORITY OF THE CITY
OF CAMDEN ET AL.

APPEAL FROM THE SUPERIOR COURT OF NEW JERSEY.

No. 1208. Decided April 22, 1968.

Appeal dismissed.

Malcolm W. Berkowitz and Sidney W. Bookbinder for appellant.

Bryan B. McKernan for appellee Housing Authority of the City of Camden.

PER CURIAM.

The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question.

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INTERNATIONAL LADIES' GARMENT WORKERS' UNION, LOCAL 415, ET AL. v. SCHERER & SONS, INC.

ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF FLORIDA.

No. 400. Order and judgment of January 15, 1968, 389 U. S. 577, vacated. Decided April 22, 1968.

Certiorari granted to District Court of Appeal of Florida, Third
District; 188 So. 2d 380, reversed.

Morris P. Glushien for petitioners.
Joseph A. Perkins for respondent.

PER CURIAM.

The mandate of this Court in this case issued on the 9th day of February 1968, is hereby recalled and the judgment heretofore entered on the 15th day of January 1968, is hereby vacated. The order of the Court dated the 15th day of January 1968, granting the writ of certiorari to the Supreme Court of Florida, is vacated.

Treating the papers submitted as a petition for a writ of certiorari to the District Court of Appeal of Florida, Third District, the petition for a writ of certiorari is granted and the judgment is reversed. Retail Clerks International Assn. v. Schermerhorn, 375 U. S. 96 (1963); Local No. 438 v. Curry, 371 U. S. 542 (1963).

MR. JUSTICE BLACK and MR. JUSTICE HARLAN Would set this case for oral argument.

MR. JUSTICE MARSHALL took no part in the consideration or decision of this case.

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