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320 U.S.

Decisions Per Curiam, Ete.

there is a quorum of Justices qualified to sit in it, when it will be restored to the regular docket for such further proceedings as may be appropriate. Reported below: No. 2, 47 F. Supp. 647; No. 6, 133 F. 2d 148.

No. — EX PARTE EARLE GOLDEN; and

No. — Ex PARTE RALPH Barron Burz. October 18, 1943. Applications denied.

No. — EX PARTE Daisy D. Wilson;
No.- EX PARTE OLIVER GOBIN;
No. — EX PARTE ROBERT L. PEYTON; and

No. — EX PARTE FORREST HOLIDAY. October 18, 1943. The motions for leave to file petitions for writs of mandamus are denied.

No. 11, original. ILLINOIS V. INDIANA ET AL. October 18, 1943. The motion for leave to file bill of coinplaint is granted.

No.360. CALLISON V. Texas. Appeal from the Court of Civil Appeals, 8th Supreme Judicial District, of Texas. October 25, 1943. Per Curiam: The appeal is dismissed for the want of a substantial federal question. Ah Sin v. Wittman, 198 C.S. 500, 305; Marvin v. Trout, 199 T.S. 212, 224, cf. Federal Trade Comm'n v. Keppel & Bro., 291

. S. 304. Mr. A. S. Baskett for appellant. Reported below: 172 S. W.2d 772.

Vo. 368. Riss & COMPANY, INC. v. UNITED STATES ET AL. Appeal from the District Court of the United States for the Vorthern District of Oklahoina. October 25, 1343. Decisions Per Curiam, Etc.

320 U.S. Per Curiam: The motion to affirm is granted and the judgment is affirmed on the authority of Gregg Cartage Co. v. United States, 316 U. S. 74. Dissenting: MR. JUSTICE BLACK and MR. JUSTICE DOUGLAS. Messrs. H. D. Driscoll and H. Russell Bishop for appellant. Solicitor General Fahy and Mr. Daniel W. Knowlton for appellees.

No. — EX PARTE ARTHUR DOYLE;
No. — Ex PARTE ORAL S. EVENSON;
No. — EX PARTE Louis T. McCONNELL; and

No. — EX PARTE CHESTEEN MCCONNELL. October 25, 1943. The motions for leave to file petitions for writs of habeas corpus are denied.

No. — EX PARTE MARS, INCORPORATED. October 25, 1943. The motion for leave to file the petition for writ of mandamus is denied without consideration of the merits and without prejudice to its presentation to the Circuit Court of Appeals for the Eighth Circuit, as is deemed to be the more appropriate procedure. Ex parte Peru, 318 U.S. 578, 584, and cases cited; Ex parte Fred Benioff Co., 317 U. S. 594. Proceedings before the Special Master will be stayed for ten days to afford petitioner an opportunity to present its petition to the Circuit Court of Appeals.

No. — JAMES v. FLORIDA. October 25, 1943. Petition for stay of execution denied.

No. 438. GILMORE v. New MEXICO. Appeal from the Supreme Court of New Mexico. November 8, 1943. Per Curiam: The appeal is dismissed for the want of a Decisions Per Curiam, Etc.

320 U.S.

substantial federal question. Hoke v. United States, 227 U. S. 308, 324; Berger v. United States, 295 U. S. 78, 82. Mr. Edwin Mechem for appellant. Reported below: 47 N. M. 59, 134 P. 2d 541.

No. 412. KRAMER V. OHIO. Appeal from and petition for writ of certiorari to the Supreme Court of Ohio. November 8, 1943. Per Curiam: The motion for leave to file statement as to jurisdiction is granted. The motion to dismiss is granted and the appeal is dismissed for the want of a substantial federal question. McNaughton v. Johnson, 242 U. S. 344, 348–9; Graves v. Minnesota, 272 U. S. 425, 428; Roschen v. Ward, 279 U. S. 337, 339—40; Semler v. Board of Dental Examiners, 294 U. S. 608, 611. The petition for writ of certiorari is denied. Mr. William J. Corrigan for appellant-petitioner. Mr. Frank T. Cullitan for appellee-respondent. Reported below: 141 Ohio St. 667,49 N. E. 2d 683.

No. 21. UNITED STATES EX REL. BRENSILBER ET AL. v. BAUSCH & LOMB OPTICAL CO. ET AL. Certiorari, 319 U.S. 733, to the Circuit Court of Appeals for the Second Circuit. Argued October 13, 14, 1943. Decided November 8, 1943. Per Curiam: Judgment affirmed by an equally divided Court. MR. JUSTICE JACKSON took no part in the consideration or decision of this case. Mr. William Stanley, with whom Mr. Homer Cummings was on the brief, for petitioners. Mr. Whitney North Seymour for Bausch & Lomb Optical Co. et al.; and Mr. Raymond M. White for Carl Zeiss, Inc., -respondents. Solicitor General Fahy, Assistant Attorney General Shea, and Messrs. K. Norman Diamond and Robert L. Stern filed a brief on behalf of the United States, as amicus curiae, urging reversal. Reported below: 131 F. 2d 545.

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Decisions Per Curiam, Etc.

320 U.S.

No. — EX PARTE ALBERT O. HEGNEY;
No. — EX PARTE WILLIAM IRA JENKINS; and

No.- EX PARTE JOHN O. STORY. November 8, 1943. Applications denied.

No. — EX PARTE MARY A. RUTHVEN; and

No.- EX PARTE STANLEY B. PEPLOWSKI. November 8, 1943. The motions for leave to file petitions for writs of habeas corpus are denied.

No. — WILSON v. HINMAN. November 8, 1943. The motion for leave to file petition for writ of mandamus is denied.

No. 10, original. UNITED STATES v. LOUISIANA ET AL. November 8, 1943. The transcript of testimony is received and ordered to be filed.

No. 452. BENNETT V. CITY OF DALTON. Appeal from the Court of Appeals of Georgia. November 15, 1943. Per Curiam: The appeal is dismissed for the want of a substantial federal question. Cox v. New Hampshire, 312 U. S. 569, 574; Chaplinsky v. New Hampshire, 315 U. S. 568, 571–2. Messrs. Hayden C. Covington and Grover C. Powell for appellant. Reported below: 69 Ga. App. 438, 25 S. E. 2d 726.

No. 60. MARVICH V. CALIFORNIA ET AL. Certiorari, 319 U. S. 739, to the Supreme Court of California. November 15, 1943. Per Curiam: The motion of respondent to remand is granted, the judgment is vacated and the cause is remanded to the Supreme Court of California for further proceedings. Mr. Neil Burkinshaw for petitioner. Decisions Per Curiam, Etc.

320 U.S.

Messrs. Robert W. Kenny, Attorney General of California, and Eugene M. Elson, Deputy Attorney General, for respondents. Reported below: 44 Cal. App. 2d 858, 113 P. 2d 223.

No.— EX PARTE KENNETH M. RING;
No. — EX PARTE PAUL S. CAMPBELL;
No. — EX PARTE GEORGE DIEHL;
No. — EX PARTE JAKE HINLEY; and

No. — EX PARTE KENNETH L. HENDRIX. November 15, 1943. The motions for leave to file petitions for writs of habeas corpus are denied.

No.. EX PARTE REX BAYLESS; and

No. — EX PARTE FRANK E. Potts. November 15, 1943. The motions for leave to file petitions for writs of mandamus are denied.

No. 112. DAVIES WAREHOUSE Co. v. BROWN, PRICE ADMINISTRATOR;

No. 299. MARS, INC. v. BROWN, PRICE ADMINISTRATOR;

No. 305. TAYLOR v. BROWN, PRICE ADMINISTRATOR;

No. 316. HECHT COMPANY v. BROWN, PRICE ADMINISTRATOR;

No. 396. VINSON, DIRECTOR OF ECONOMIC STABILIZATION, BY BROWN, PRICE ADMINISTRATOR, v. WASHINGTON GAS LIGHT CO. ET AL.;

No. 464. BROWN, PRICE ADMINISTRATOR, v. WILLINGHAM ET AL.; and

No. 481. SAFEWAY STORES, INC. v. BROWN, PRICE ADMINISTRATOR. November 16, 1943. Bowles, present Administrator of the Office of Price Administration, substituted as a party in these cases in the place and stead of Brown, resigned.

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