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Decisions Per Curiam, Etc.

330 U.S.

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the Western District of Virginia. March 31, 1947. Per Curiam: The motion to affirm is granted and the judgment is affirmed. $85 and 17, Interstate Commerce Act, 54 Stat. 905, 913, 49 U.S. C. $$ 5 and 17. W.G. Burnette for appellants. Acting Solicitor General Washington and Daniel W. Knowlton for the United States et al., appellees. J. Ninian Beall and H. Lauren Lewis filed a brief for the Regular Common Carrier Conference of American Trucking Assns. et al., as amici curiae, urging granting of the motion to affirm. Nuel D. Belnap, E. B. Ussery and Rex H. Fowler filed a brief for the Brady Transfer & Storage Co. et al., as amici curiae, replying to the motion to affirm. Reported below: 69 F. Supp. 71.

No. 1096. SMITH V. JEFFERSON COUNTY ET AL. Appeal from the Supreme Court of Georgia. March 31, 1947. Per Curiam: The motion to dismiss is granted and 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. Benj. E. Pierce for appellant. James M. Hull' for appellees. Reported below: 201 Ga. 674, 40 S. E. 2d 773.

No. 1110. GRAND LODGE HALL ASSOCIATION, I. O.O.F., ET AL. v. MOORE, AUDITOR OF MARION COUNTY, ET AL. Appeal from the Supreme Court of Indiana. March 31, 1947 Per Curiam: The motion to affirm is granted and the judgment is affirmed. Wisconsin & Michigan R. Co. v. Powers, 191 U. S. 379. Frank C. Dailey, George E. Hershman, Othniel Hitch and Paul Y. Davis for appellants. Cleon H. Foust, Attorney General of Indiana,

330 U.S.

Decisions Per Curiam, Etc.

Winslow Van Horne, Karl J. Stipher, Deputy Attorneys General, and Louis B. Ewbank for appellees. Reported below: 224 Ind. 575, 70 N. E. 2d 19.

No. 121, Misc. EX PARTE WHITE; and

No. 123, Misc. EX PARTE WELLS. March 31, 1947. The motions for leave to file petitions for writs of habeas corpus are denied.

No. 122, Misc. EX PARTE PORESKY. March 31, 1947. The motion for leave to file petition for writ of mandamus is denied.

No. 124, Misc. EX PARTE STANDARD OIL COMPANY OF INDIANA. March 31, 1947. The motion for leave to file petition for writ of mandamus and/or prohibition and/or certiorari is denied. Buell F. Jones, C. Henry Austin, Fred L. Williams, Robert F. Schlafly and Roland F.O'Bryen for petitioner.

No. 141. CONFEDERATED BANDS OF UTE INDIANS v. UNITED STATES. March 31, 1947. Order entered amending opinion.

Opinion reported as amended, 330 U. S. 169.

No. 288. RICHARDSON, ET AL. V. KELLY, RECEIVER. March 31, 1947. The motion of petitioner to retax costs is denied.

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No. 385. ATLANTIC COAST LINE RAILROAD Co. v. THOMPSON, STATE REVENUE COMMISSIONER. Appeal Decisions Per Curiam, Etc.

330 U.S.

from the Supreme Court of Georgia. March 31, 1947. Phillips substituted for Thompson as the party appellee.

No. 504. MARR, DOING BUSINESS AS MARR DUPLICATOR Co., v. A. B. Dick Co. March 31, 1947. The motion of petitioner for clarification or modification of the order and mandate of this Court is denied. Reported below: 155 F. 2d 923.

No. 1036. Smith v. PORTER, PRICE ADMINISTRATOR. On petition for writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit. March 31, 1947. Fleming, Temporary Controls Administrator, substituted as the party respondent.

No. 470. RICE ET AL. v. GREAT LAKES ELEVATOR CORP. ET AL.;

No. 471. RICE ET AL. v. BOARD OF TRADE OF CHICAGO;

No. 472. ILLINOIS COMMERCE COMMISSION ET AL. V. GREAT LAKES ELEVATOR CORP. ET AL.; and

No. 473. ILLINOIS COMMERCE COMMISSION ET AL. V. BOARD OF TRADE OF CHICAGO. Certiorari, 329 U. S. 701, to the Circuit Court of Appeals for the Seventh Circuit. March 31, 1947. Counsel for the petitioners in Nos. 470 and 471 having suggested that one of the copartners of the firm of Daniel F. Rice & Co., to wit: Walter T. Rice, died on June 8, 1946, and that said firm has been reconstituted with the addition of Joseph A. Fagan as a partner and member thereof, it is ordered that the writs of certiorari be dismissed as to Walter T. Rice and that Joseph A. Fagan be, and he hereby is, made a party petitioner in Nos. 470 and 471. Counsel for the petitioners in Nos. 470 and 471 having further suggested that respondent

330 U.S.

Decisions Per Curiam, Etc.

Great Lakes Elevator Corporation has abandoned its service as a warehouse and public storer of grain for hire, it is ordered that the writs of certiorari in Nos. 470 and 472 be dismissed as to respondent Great Lakes Elevator Corporation. Lee A. Freeman for petitioners in Nos. 470 and 471. Reported below: 156 F. 2d 33.

No. 996. UNITED STATES V. ARKANSAS VALLEY RailWAY, INC. March 31, 1947. The petition for writ of certiorari to the Court of Claims is dismissed on motion of counsel for the petitioner. Acting Solicitor General Washington for the United States. Claude 1. Depew for respondent. Reported below: 107 Ct. Cl. 240, 68 F. Supp. 727.

No. 971. LOTTO ET AL. v. UNITED STATES. March 31, 1947. The petition for writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit is denied as to petitioner Lotto. On consideration of the suggestion of the death of petitioner Cullotta on February 19, 1947, the petition for writ of certiorari as to said petitioner is dismissed. Walter F. Maley and Frank J. Comfort for petitioners. Acting Solicitor General Washington, Robert S. Erdahl and Philip R. Monahan for the United States. Reported below: 157 F.2d 623.

No. 130, Misc. HARRINGTON v. JARECKI ET AL. March 31, 1947. Motion for injunction submitted by Joseph T. Harrington for the appellant below, and the motion is denied.

No. 207. LAND, CHAIRMAN OF THE UNITED STATES MARITIME COMMISSION, ET AL. v. DOLLAR ET AL. April Decisions Per Curiam, Etc.

330 U.S.

7, 1947. Certiorari, 329 U. S. 700, to the District Court of the United States for the District of Columbia. Order of this Court substituting new members of the Maritime Commission as petitioners vacated so that the District Court may consider motions for substitution on remand. See ante, p. 731.

No. 1100. UNITED STATES v. PALLETZ; and

No. 1101. UNITED STATES v. KROMER. Appeals from the District Court of the United States for the Eastern District of Pennsylvania. April 7, 1947. Per Curiam: The judgments are reversed. 56 Stat. 23, 24, § 1 (b) as amended, 50 U. S. C. App. (Supp. V, 1946) § 901 (b); R. S. $ 13, as amended, 58 Stat. 118; Great Northern R. Co. v. United States, 208 U. S. 452; United States v. Reisinger, 128 U.S. 398. Acting Solicitor General Washington and Gerald A. Gleeson for the United States.

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No. 125, Misc. EX PARTE BUTZ ET AL.; and

No. 126, Misc. EX PARTE STERBA. April 7, 1947. The motions for leave to file petitions for writs of mandamus are denied.

No. 127, Misc. EX PARTE LEWIS ET AL. April 7, 1947. The petition for appeal is denied.

No. 131, Misc. Ex PARTE SNYDER. April 7, 1947. The petition for appeal presented to MR. JUSTICE DOUGLAS and by him referred to the Court is denied.

No. 184. CONE V. WEST VIRGINIA PULP & PAPER Co. April 7, 1947. The motion of respondent as to costs is denied. See ante, p. 212.

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