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Decisions Per Curiam, Etc.

330 U.S.

No. 819. BEN H. ROSENTHAL & Co., INC. ET AL. V. PORTER, PRICE ADMINISTRATOR;

No. 820. BORIN ET AL. v. PORTER, PRICE ADMINISTRATOR; and

TOR.

No. 821. RUBIN ET AL. v. PORTER, PRICE ADMINISTRAMarch 3, 1947. Petition for writs of certiorari to the United States Emergency Court of Appeals dismissed on motion of counsel for the petitioners. W. B. Harrell and J. Manuel Hoppenstein for petitioners. Reported below: 158 F. 2d 171.

No. 110, Misc. EX PARTE BARRON. March 3, 1947. Motion for leave to file petition for writ of habeas corpus denied.

Cer

No. 443. PAULY v. MCCARTHY ET AL., TRUSTEES. tiorari, 329 U. S. 698, to the Supreme Court of Utah. Argued March 6, 1947. Decided March 10, 1947. Рет Curiam: Judgment reversed. Bailey v. Central Vermont R. Co., 319 U. S. 350; Ellis v. Union Pacific R. Co., 329 U. S. 649. Parnell Black argued the cause for petitioner. With him on the brief were Calvin W. Rawlings and Harold E. Wallace. W. Q. Van Cott argued the cause for respondents. With him on the brief was Dennis McCarthy. Reported below: 109 Utah 398, 166 P. 2d 501.

No. 543. FEDERAL POWER COMMISSION ET AL. v. ARKANSAS POWER & LIGHT Co. Certiorari, 329 U. S. 703, to the United States Court of Appeals for the District of Columbia. Argued March 5, 1947. Decided March 10, 1947. Per Curiam: Judgment reversed on the ground that respondent has failed to exhaust its administrative remedies. Myers v. Bethlehem Shipbuilding Corp., 303

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330 U.S.

Decisions Per Curiam, Etc.

U. S. 41; Macauley v. Waterman S. S. Corp., 327 U. S. 540. Howard E. Wahrenbrock argued the cause for petitioners. With him on the brief were Acting Solicitor General Washington, Robert L. Stern, Lambert McAllister and Louis W. McKernan. A. J. G. Priest argued the cause for respondent. With him on the brief were P. A. Lasley, Sidman I. Barber and B. H. Dewey, Jr. By special leave of Court, Wyatt Cleveland Holland, Assistant Attorney General, argued the cause for the State of Arkansas. With him on the brief were Guy E. Williams, Attorney General, H. Cecil Kilpatrick, and the Attorneys General of the States of Alabama, Connecticut, Georgia, Indiana, Kansas, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Nebraska, New Hampshire, New Jersey, New Mexico, Nevada, North Carolina, North Dakota, Oregon, South Dakota, Tennessee, Texas, Utah, Vermont, Washington, Wisconsin and Wyoming, as amici curiae. Reported below: 81 U. S. App. D. C. 178, 156 F. 2d 821.

Nos. 1027 and 1028. BOEING AIRCRAFT Co. v. KING COUNTY ET AL. Appeals from the Supreme Court of the State of Washington. March 10, 1947. Per Curiam: In No. 1027, the appeal is dismissed for want of jurisdiction. § 237 (a), Judicial Code, as amended, 28 U. S. C. § 344 (a). 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. In No. 1028, the appeal is dismissed for the reason that application therefor was not made within the time provided by law. §8 (a), Act of February 13, 1925 (43 Stat. 936, 940), 28 U. S. C. § 350. Wendell W. Black and Frank E. Holman for appellant. Reported below: 25 Wash. 2d 652, 171 P. 2d 838.

Decisions Per Curiam, Etc.

330 U.S.

No. 1031. COLEGROVE ET AL. v. BARRETT, SECRETARY OF STATE OF ILLINOIS, ET AL. Appeal from the District Court of the United States for the Northern District of Illinois. March 10, 1947. Per Curiam: The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question. In view of the Court's refusal to grant rehearing in Colegrove v. Green, 328 U. S. 549, rehearing denied, 329 U. S. 825, 828, and its dismissal of the appeals in Cook v. Fortson and Turman v. Duckworth, 329 U.S. 675, rehearing denied, 329 U. S. 829, MR. JUSTICE RUTLEDGE Concurs in the dismissal of this appeal. MR. JUSTICE BLACK, MR. JUSTICE DOUGLAS, and MR. JUSTICE MURPHY are of the opinion that probable jurisdiction should be noted. Urban A. Lavery for appellants. George F. Barrett, Attorney General of Illinois, and William C. Wines, Assistant Attorney General, for appellees.

No. 117, Misc. SEIBOLD v. SNYDER, SECRETARY OF THE TREASURY. March 10, 1947. The application is denied.

No. 483. MURRAY V. FLEMING, TEMPORARY CONTROLS ADMINISTRATOR. March 10, 1947. Certiorari, 329 U. S. 705, to the Circuit Court of Appeals for the First Circuit dismissed on motion of counsel for the petitioner. Richard F. Upton and Robert W. Upton for petitioner. Acting Solicitor General Washington, Philip Elman, William E. Remy, David London and Samuel Mermin for respondent. Reported below: 156 F. 2d 781.

No., October Term, 1946. TIMES-MIRROR CO. ET AL. V. NATIONAL LABOR RELATIONS BOARD. The Court met

v.

330 U.S.

Decisions Per Curiam, Etc.

in Special Term pursuant to a call by THE CHIEF JUSTICE having the approval of all the Associate Justices. March 15, 1947. Upon consideration of the application of counsel for the petitioners in the above-entitled cause, It is ordered that execution and enforcement of the order of the Circuit Court of Appeals for the Ninth Circuit, entered herein on March 10, 1947, be, and the same hereby is, stayed pending the filing, consideration, and disposition of a petition for writ of certiorari to review the said order providing such petition is filed on or before March 28, 1947. In the event the petition for writ of certiorari is granted, then this stay is to continue pending the final disposition of the case by this Court.

It is further ordered that the stay herein ordered shall be effective and operative only on the condition that petitioners shall file herein a bond in the sum of Five Thousand Dollars ($5,000) with good and sufficient surety to be approved by a judge of the United States Circuit Court of Appeals for the Ninth Circuit, conditioned that if petitioners herein fail to make application for such writ of certiorari within the time limited therefor, or fail to obtain an order granting their application, or fail to make good their plea in the Supreme Court of the United States, they shall answer for all damages and costs which the National Labor Relations Board or other persons who may be injured may sustain by reason of this stay.

It is further ordered that the printing of the record for the purpose of the consideration of the application for the writ of certiorari be dispensed with.

No. 119, Misc. EX PARTE COPELAND; and

No. 120, Misc. EX PARTE BERNARD. March 17, 1947. The motions for leave to file petitions for writs of habeas corpus are denied.

Decisions Per Curiam, Etc.

330 U.S.

No. 901. EARLE V. COMMISSIONER OF INTERNAL REVENUE;

Nos. 902 and 904. EARLE v. COMMISSIONER OF INTERNAL REVENUE; and

No. 903. EARLE V. COMMISSIONER OF INTERNAL REVENUE. March 17, 1947. Petitions for writs of certiorari to the Circuit Court of Appeals for the Sixth Circuit dismissed per stipulation on motion of counsel for the petitioners. Geo. E. H. Goodner and Scott P. Crampton for petitioners. Acting Solicitor General Washington for respondent. Reported below: No. 901, 157 F. 2d 677; Nos. 902 and 904, 157 F. 2d 678; No. 903, 157 F. 2d 680.

No. 976. ROYAL PACKING Co. v. PORTER, PRICE ADSee post, p. 840.

MINISTRATOR.

No. 116, Misc. EX PARTE COOK; and

No. 118, Misc. EX PARTE ELLIOTT. March 17, 1947. The motions for leave to file petitions for writs of habeas corpus are denied.

No. 253. UNITED STATES V. PULLMAN COMPANY ET AL.; OTIS & Co. v. UNITED STATES ET AL.;

No. 254.
No. 255.

CHESAPEAKE & OHIO RAILROAD CO. ET AL. v. UNITED STATES ET AL.; and

No. 256. GLORE, FORGAN & Co. v. UNITED STATES ET AL. Appeals from the District Court of the United States for the Eastern District of Pennsylvania. Argued March 11, 12, 13, 1947. Decided March 31, 1947. Per Curiam: The judgment is affirmed by an equally divided Court. MR. JUSTICE JACKSON took no part in the consideration or decision of these cases. Holmes Baldridge argued the cause for the United States. With him on the brief were

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