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DECISIONS PER CURIAM, ETC., FROM FEBRU

ARY 4, 1947, THROUGH APRIL 7, 1947.*

No. 9, original. ILLINOIS v. INDIANA ET AL. February 17, 1947. The Special Report of the Special Master as to Shell Oil Company, Incorporated, and The Texas Company is approved. The amended bill of complaint is dismissed as to Shell Oil Company, Incorporated, pursuant to the stipulation entered into by and between the State of Illinois and the State of Indiana, City of East Chicago, City of Hammond, and Shell Oil Company, Incorporated, and as to The Texas Company pursuant to the stipulation entered into by and among the State of Illinois and the State of Indiana, the City of East Chicago and The Texas Company. Costs against Shell Oil Company, Incorporated, and The Texas Company to be taxed hereafter in accordance with the recommendations of the Special Master.

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No. 9, original. ILLINOIS v. INDIANA ET AL. February , 17, 1947. The Interim Report of the Special Master, dated September 7, 1946, is approved. The Court finds that the course of procedure set forth in the Interim Report, which the Special Master has followed of entering orders staying further proceedings as to particular defendants upon stipulations received in evidence which in the opinion of the Special Master justify such course, is within the discretion of the Special Master. The Court further finds that the steps set forth in the recommendations of the Special Master in the Interim Report numbered one, two, three, four, five, six, and seven as to procedure for the future disposition of the case, are within the discretion of the Special Master and are ap

*For orders on petitions for certiorari, see post, pp. 813, 818; rehearing, post, pp. 852, 853.

Decisions Per Curiam, Etc.

330 U.S.

proved as appropriate under the special circumstances of this case. The Court therefore orders and directs the Special Master to continue the proceedings in accordance with said recommendations. The Court further orders that the recommendation of the Special Master as to the apportionment of costs be adopted and costs to this date shall be taxed as recommended in the Interim Report. The objections of the Fruit Growers Express Company to the proposed apportionment of costs are overruled.

No. 102, Misc. EX PARTE PORESKY. February 17, 1947. The motion for leave to file petition for writ of mandamus is denied.

No. 103, Misc. EX PARTE HUEY. February 17, 1947. The application is denied.

No. 346. SILESIAN AMERICAN CORP. ET AL. v. MARKHAM, ALIEN PROPERTY CUSTODIAN. See post, p. 852.

No. 489, October Term, 1945. ZAP v. UNITED STATES. Certiorari, 326 U. S. 802, to the Circuit Court of Appeals for the Ninth Circuit. March 3, 1947. Per Curiam: The motion for leave to file a second petition for rehearing and to recall the mandate is granted. The second petition for rehearing is granted and the judgment entered June 10, 1946, 328 U. S. 624, and order denying rehearing entered Octuber 21, 1946, 329 U. S. 824, are vacated. The judgment of the Circuit Court of Appeals is reversed and the case is remanded to the District Court with directions to dismiss the indictment. Ballard v. United States, 329

330 U.S.

Decisions Per Curiam, Etc.

U. S. 187. THE CHIEF JUSTICE and MR. JUSTICE JACKSon took no part in the consideration or decision of this application. Morris Lavine for petitioner. Acting Solicitor General Washington, W. Marvin Smith, Robert S. Erdahl and Beatrice Rosenberg for the United States. Reported below: 151 F.2d 100.

No. 457. ADAMS v. UNITED STATES. Certiorari, 329 U. S. 702, to the Circuit Court of Appeals for the Fifth Circuit. Argued February 14, 1947. Decided March 3, 1947. Per Curiam: The judgment is affirmed. Thomas G. Gayle argued the cause for petitioner. With him on the brief was John W. Lapsley. Sheldon E. Bernstein argued the cause for the United States. With him on the brief were Acting Solicitor General Washington and Robert S. Erdahl. Reported below: 156 F. 2d 271.

No. 105, Misc. EX PARTE JOHNSON;
No. 106, Misc. EX PARTE PEPLOWSKI;
No. 111, Misc. EX PARTE HOUGHTON;
No. 112, Misc. EX PARTE CLARK; and

No. 113, Misc. EX PARTE WALKER. March 3, 1947. The motions for leave to file petitions for writs of habeas corpus are denied.

No. 108, Misc. EX PARTE BOEHMAN; and

No. 114, Misc. EX PARTE KASPER. March 3, 1947. The applications are denied.

No. 109, Misc. BARNARD ET AL. V. JONES ET AL.; and

No. 115, Misc. EX PARTE CAMPBELL. March 3, 1947. The petitions for appeal are denied.

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 ADMINISTRA

TOR; and

No. 821. RUBIN ET AL. v. PORTER, PRICE ADMINISTRATOR. March 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.

No. 443. PAULY v. MCCARTHY ET AL., TRUSTEES. Certiorari, 329 U. S. 698, to the Supreme Court of Utah. Argued March 6, 1947. Decided March 10, 1947. Per 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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