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Decisions Denying Certiorari.

320 U.S.

No. 234. SNIDER V. KELLY ET AL.; and No. 240. WAYNE V. ROBINSON ET AL. October 11, 1943. Petitions for writs of certiorari to the United States Court of Appeals for the District of Columbia denied. MR. JUSTICE RUTLEDGE took no part in the consideration or decision of these applications. Mr. Cornelius H. Doherty for petitioner in No. 234; Messrs. John H. Bruninga, John H. Sutherland, and Chas. E. Riordon for petitioner in No. 240. Messrs. Louis M. Denit, Thomas S. Jackson, and A. Leckie Cox for respondents in No. 234; Messrs. Raymond F. Adams and Lee B. Kemon for respondents in No. 240. Reported below: No. 234, 135 F. 2d 817; No. 240, 136 F. 2d 767.

No. 125. DEATHERAGE v. PLUMMER, WARDEN. Octo ber 11, 1943. Petition for writ of certiorari to the Supreme Court of California denied. Thaddeus Deatherage, pro se.

No. 135. CANNES V. OKLAHOMA. October 11, 1943. Petition for writ of certiorari to the Criminal Court of Appeals of Oklahoma denied. Bill Cannes, pro se. Reported below: 138 P. 2d 561.

No. 137. POWELL V. SANFORD, WARDEN. October 11, 1943. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied. Joe T. Powell, pro se. Solicitor General Fahy, Assistant Attorney General Berge, and Mr. Oscar A. Provost for respondent. Reported below: 136 F. 2d 58.

No. 141. BAILEY V. MISSOURI. October 11, 1943. Petition for writ of certiorari to the Supreme Court of

de

320 U.S.

Decisions Denying Certiorari.

Missouri denied. George William Bailey, pro se. Reported below: 350 Mo. 1259, 169 S. W. 2d 380.

No. 157. ATWOOD v. HUNTER, WARDEN. October 11, 1943. Petition for writ of certiorari to the Circuit Court of Appeals for the Tenth Circuit denied. Ivy E. Atwood, pro se. Solicitor General Fahy, Assistant Attorney General Berge, Messrs. Oscar A. Provost and W. Marvin Smith, and Miss Melva M. Graney for respondent.

No. 171. SWEARENGIN V. AMRINE, WARDEN, ET AL. October 11, 1943. Petition for writ of certiorari to the Supreme Court of Kansas denied. R. B. Swearengin, pro se. Reported below: 156 Kan. 660, 135 P. 2d 564.

No. 189. BURROUGHS v. SANFORD, WARDEN. October 11, 1943. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied. Laconia Chappelle Burroughs, pro se. Solicitor General Fahy, Assistant Attorney General Tom C. Clark, Mr. Robert S. Erdahl, and Miss Melva M. Graney for respondent. Reported below: 135 F. 2d 735.

No. 190. BISTANY v. BROPHY, WARDEN. October 11, 1943. Petition for writ of certiorari to the Supreme Court of New York denied. Harvey Bistany, pro se.

No. 264. CARR V. MARTIN, WARDEN. October 11, 1943. Petition for writ of certiorari to the County Court of Wyoming County, New York, denied. Richard Carr, pro se. Decisions Denying Certiorari.

320 U.S.

No. 277. SPRUILL V. NEWBY, CHAIRMAN. October 11, 1943. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia denied. Georgia M. Spruill, pro se.

No. 289. STAMPHILL V. JOHNSTON, WARDEN. October 11, 1943. Petition for writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit denied. Dale Stamphill, pro se. Solicitor General Fahy, Assistant Attorney General Tom C. Clark, and Messrs. Oscar A Provost and W. Marvin Smith for respondent. Reported below: 136 F. 2d 291.

No. 297. TATE v. EMPIRE BUILDING CORP. October 11, 1943. Petition for writ of certiorari to the Circuit Court of Appeals for the Sixth Circuit denied. Mr. W.0. Lowe for petitioner. Reported below: 135 F. 2d 743.

No. 303. COLLEY V. TENNESSEE. October 11, 1943. Petition for writ of certiorari to the Supreme Court of Tennessee denied. Mr. Jordan Stokes, III, for petitioner. Mr. Ernest F. Smith, Assistant Attorney General of Tennessee, for respondent. Reported below: 179 Tenn. 651, 169 S. W. 2d 848.

No. 332. LUMARE V. MISSOURI. October 11, 1943. Petition for writ of certiorari to the Supreme Court of Missouri denied. Pantaleona Lumare, pro se.

No. 123. DEAR v. Mayo, STATE PRISON CUSTODIAN. October 11, 1943. Petition for writ of certiorari to the Supreme Court of Florida denied. The motion for leave to file petition for writ of habeas corpus is also denied. Wilbur Dear, pro se. Reported below: 14 So. 2d 267.

320 U.S.

Decisions Denying Certiorari.

No. 167. FLOWERS V. FLORIDA. October 11, 1943. Petition for writ of certiorari to the Supreme Court of Florida denied. MR. JUSTICE MURPHY and MR. JUSTICE DOUGLAS are of the opinion that the petition should be granted. Mr. William R. Ming, Jr., for petitioner. Mr. J. Tom Watson, Attorney General of Florida, for respondent. Reported below: 152 Fla. 649, 12 So. 2d 772.

No. 258. COLEMAN v. DUFFY, WARDEN. October 11, 1943. Petition for writ of certiorari to the Supreme Court of California denied on the ground that the case is moot. John Lawrence Coleman, pro se. Reported below: 20 Cal. 2d 399, 126 P. 2d 349.

No. 261. SHARPE V. KENTUCKY ET AL. October 11, 1943. Petition for writ of certiorari to the Court of Appeals of Kentucky denied for the reason that the 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. Howard M. Sharpe, pro se. Reported below: 292 Ky. 86, 165 S. W. 2d 993.

No. 187. NEW YORK EX REL. ROGALSKI V. MARTIN, WARDEN. October 11, 1943. It does not appear from the record that the federal question presented by the petition was necessarily decided by the Court of Appeals. The petition for writ of certiorari to the Court of Appeals of New York is denied. Lynch v. New York ex rel. Pierson, 293 U. S. 52; Honeyman v. Hanan, 300 U. S. 14, 18; Bakery & Pastry Drivers Local 802 v. Wohl, 313 U. S. 572. Stephen Rogalski, pro se. Messrs. Nathaniel L. Goldstein, Attorney General of New York, Orrin G. Judd, Solicitor General, and Wendell P. Brown, First Assistant

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Decisions Denying Certiorari.

320 U.S.

Attorney General, for respondent. Reported below: 290 N. Y. 751, 50 N. E. 2d 98.

No.-, original, October Term, 1942. EX PARTE EDWARD J. BORAH. See post, p. 807.

No. 201. TROJAN POWDER Co. v. NATIONAL LABOR RELATIONS BOARD. October 18, 1943. Petition for writ of certiorari to the Circuit Court of Appeals for the Third Circuit denied. Messrs. A. V. Cherbonnier and Robert A. Lilly for petitioner. Solicitor General Fahy, Mr. Robert B. Watts, and Miss Ruth Weyand for respondent. Reported below: 135 F. 2d 337.

No. 334. NATIONAL LABOR RELATIONS BOARD v. AMERICAN TUBE BENDING Co., INC. October 18, 1943. Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied. Solicitor General Fahy and Mr. Robert B. Watts for petitioner. Mr. Luke H. Stapleton for respondent. Reported below: 134 F.

No. 293. BROOKS, DOING BUSINESS AS EAST SIDE ICE & FUEL Co., ET AL. v. STATE FARM MUTUAL AUTOMOBILE INSURANCE Co. October 18, 1943. Petition for writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit denied. Mr. Loyd E. Roberts for petitioners. Mr. Clifford B. Kimberly for respondent. Reported below: 136 F. 2d 807.

No. 298. ROBERTS V. UNITED STATES. October 18, 1943. Petition for writ of certiorari to the Circuit Court of Appeals for the Fourth Circuit denied. Mr. Lester S.

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