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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 1. 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

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 CF 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 ADMINISTRATOR. See post, p. 840.

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.

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No. 253. UNITED STATES v. PULLMAN COMPANY ET AL.;
No. 254. Otis & Co. v. UNITED STATES ET AL.;

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

330 U.S.

Decisions Per Curiam, Etc.

Acting Solicitor General Washington and Assistant Attorney General Berge. Thurman Arnold argued the cause for appellant in No. 254. With him on the brief was Arne C. Wiprud. Robert J. Bulkley argued the cause for appellants in No. 255. With him on the brief were Frank J. Meistrell and Herbert G. Pillen. Leo F. Tierney argued the cause for appellant in No. 256. With him on the brief was Louis A. Kohn. George Wharton Pepper argued the cause for the Pullman Company et al., appellees. With him on the brief were Ralph M. Shaw, Seth W. Richardson, Lowell M. Greenlaw, Frederick H. Spotts and Guy A. Gladson. Jacob Aronson argued the cause for the railroad appellees. With him on the brief were Emmett E. McInnis, Sydney R. Prince, Harold H. McLean, Henry L. Walker and Albert Ward. Appearances were entered by Francis H. Scheetz for appellant in No. 256; John Dickinson for the Atchison, Topeka & Santa Fe Railway Co. et al.; and Leo J. Hassenauer, V. C. Shuttleworth and H. E. Wilmarth for the Order of Railway Conductors of America, appellees. Reported below: 64 F. Supp. 108.

No. 880. SWEM v. MICHIGAN. On petition for writ of certiorari to the Supreme Court of Michigan. March 31, 1947. Per Curiam: The petition for writ of certiorari is granted. The judgment is vacated and the cause is remanded to the Supreme Court of Michigan in order to enable it to reexamine its decision in the light of De Meerleer v. Michigan, 329 U. S. 663. William G. Comb for petitioner. Eugene F. Black, Attorney General of Michigan, and Edmund E. Shepherd, Solicitor General, for respondent.

No. 1091. FALWELL ET AL. V. UNITED STATES ET AL. Appeal from the District Court of the United States for

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