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Decisions Denying Certiorari. 309 U.S.

nied. J. L. Stewart, pro se. Reported below: 109 F. 2d 162.

No. 649. Cox v. WILSON, WARDEN, ET AL. January 29, 1940. Petition for writ of certiorari to the Washington County Court, of New York, and motion for leave to proceed further in forma pauperis, denied. Thomas R. Cor, pro se.

No. 625. GETZ ET AL. v. BALTIMORE & OHIO R. Co. ET AL. January 29, 1940. The motion to dispense with the printing of the record is granted. The petition for writ of certiorari to the District Court of the United States for the District of Maryland is denied. MR. JUSTICE ROBERTs took no part in the consideration and decision of these applications. Messrs. Meyer Abrams and Gersh I. Moss for petitioners. Messrs. Henry W. Anderson and Leonard D. Adkins for respondents. Reported below: 29 F. Supp. 608.

No. 604. STANDARD OIL CoMPANY OF CALIFORNIA ET AL. v. UNITED STATEs. January 29, 1940. Petition for writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit denied. MR. JUSTICE STONE took no part in the consideration and decision of this application. Messrs. Oscar Lawler, Donald R. Richberg, Eugene M. Prince, and William H. Burges for petitioners. Solicitor General Jackson, Mr. John W. Preston and Annette Abbott Adams for the United States. By leave of Court, briefs of amici curiae were filed by Messrs. Edward D. Landels and Stanley A. Weigel, on behalf of the California Land Title Assn., and by Messrs Earl Warren, Attorney General of California, Robert W. Harrison, Chief Assistant Attorney General, and F. Walter French, Deputy Attorney General, on behalf of that State,_in support of the petition. Reported below: 107 F.2d 402.

309 U. S. Decisions Denying Certiorari.

No. 583. WooDALL v. CoMMISSIONER OF INTERNAL REVENUE, January 29, 1940. Petition for writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit denied. Mr. Todd W. Johnson for petitioner. Solicitor General Jackson, Assistant Attorney General Clark, and Messrs. Sewall Key, Arnold Raum, and F. E. Youngman for respondent. Reported below: 105 F. 2d 474.

No. 600. WILLIAMs ET AL. v. EMERY BIRD THAYER DRY Goods Co. ET AL. January 29, 1940. Petition for writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit denied. Messrs. R. B. Caldwell, Barton Corneau, and Henry M. Channing for petitioners. Messrs. Frederick H. Wood and Armwell L. Cooper for respondents. Reported below: 107 F. 2d 965.

No. 561. CHEROKEE FUEL Co. v. UNITED STATES. January 29, 1940. Petition for writ of certiorari to the Court of Claims denied. Messrs. M. Walton Hendry and Josephus C. Trimble for petitioner. Solicitor General Jackson, Assistant Attorney General Shea, and Mr. Paul A. Sweeney for the United States. Reported below: 89 Ct. Cls. 279.

No. 590. GEIBEL v. Scott, JUDGE of THE SUPERIOR Court of CALIFORNIA. January 29, 1940. Petition for writ of certiorari to the Supreme Court of California denied. Martin E. Geibel, prose. Mr. W. B. McKesson for respondent.

No. 601. RUHLIN ET AL. v. NEW YORK LIFE INSURANCE Co. January 29, 1940. Petition for writ of certiorari to the Circuit Court of Appeals for the Third Circuit denied.

Decisions Denying Certiorari. 309 U.S.

Messrs. John E. Evans, Sr. and Charles H. Sachs for petitioners. Mr. William H. Eckert for respondent. Reported below: 106 F.2d 921.

No. 602. Hous MAN v. CoMMISSIONER OF INTERNAL REVENUE. January 29, 1940. Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied. Messrs. Joseph M. Proskauer and Wilbur H. Friedman for petitioner. Solicitor General Jackson, Assistant Attorney General Clark, and Messrs. Sewall Key, Arnold Raum, and F. E. Youngman for respondent. Reported below: 105 F. 2d 973.

No. 607. MCCURDY v. NEW YORK LIFE INSURANCE Co. January 29, 1940. Petition for writ of certiorari to the Circuit Court of Appeals for the Tenth Circuit denied. Mr. Robert C. Faulston for petitioner. Messrs. Louis H. Cooke and Austin M. Cowan for respondent. Reported below: 106 F. 2d 181.

No. 618. GEORGE ALLISON & Co. ET AL. v. INTERSTATE CoMMERCE COMMIssion. January 29, 1940. Petition for writ of certiorari to the Court of Appeals for the District of Columbia denied. Messrs. Harrison Tweed and F. Trowbridge vom Baur for petitioners. Messrs. E. M. Reidy and Daniel W. Knowlton for respondent. Reported below: 70 App. D. C. 375; 107 F.2d 180.

No. 624. KROGER GROCERY & BAKING Co. v. BARKER. January 29, 1940. Petition for writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit denied. Mr. Wayne Ely for petitioner. Mr. Scerial Thompson for respondent. Reported below: 107 F.2d 530.

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309 U. S. Decisions Denying Certiorari.

No. 626. FRANCE MANUFACTURING Co. v. JEFFERSON ELECTRIC Co. January 29, 1940. Petition for writ of certiorari to the Circuit Court of Appeals for the Sixth Circuit denied. Messrs. Albert R. Teare and Arthur C. Denison for petitioner. Messrs. Frank Parker Davis and John A. Diemmer for respondent. Reported below: 106 F. 2d 605.

No. 614. PUBLIC SERVICE CoMMISSION v. WISCONSIN TELEPHONE Co. On petition for writ of certiorari to the Supreme Court of Wisconsin. February 5, 1940. The motion of the National Association of Railroad and Utilities Commissioners for leave to file a brief amicus curiae is granted. The petition for writ of certiorari is denied upon the ground that the Court is unable to find that the decision of the highest court of the State did not rest upon an adequate non-federal ground. Judicial Code, § 237 (b), 28 U. S. C. 344 (b). Lynch v. New York, 293 U.S. 52; Honeyman v. Hanan, 300 U.S. 14; New York City v. Central Savings Bank, 306 U. S. 661; McGoldrick v. Gulf Oil Corp., ante, p. 2. Mr. Harold M. Wilkie for petitioner. Messrs. Edwin S. Mack, J. Gilbert Hardgrove, Frederic Sammond, Baacter Milne, and C. M. Bracelen for respondent. By leave of Court, briefs of amici curiae were filed by Solicitor General Biddle and Messrs. J. Phillip Wenchel, Daniel W. Knowlton, David W. Robinson, Jr., and William J. Dempsey, on behalf of the United States; and by Messrs. John E. Benton and Clyde S. Bailey, on behalf of the National Association of Railroad and Utilities Commissioners, in support of the petition. Reported below: 232 Wis. 274; 287 N. W. 122, 593.

No. 628. STEwART ET AL. v. CAPITAL TRANSIT Co. February 5, 1940. Petition for writ of certiorari to the Court of Appeals for the District of Columbia, and mo

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Decisions Granting Certiorari. 309 U.S.

curiae were filed by Mr. Osmond K. Fraenkel, on behalf of the American Civil Liberties Union; and by Messrs. Harry Graham Balter, Carey McWilliams, Ellis E. Patterson, and George Bodle, on behalf of the National Lawyers Guild, Los Angeles Chapter=in support of the petition. Reported below: 14 Cal.2d 464; 94 P.2d 983.

No. 783. HELVERING, CoMMISSIONER of INTERNAL REVENUE, v. HoRST. April 8, 1940. Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit granted. Solicitor General Biddle for petitioner. Mr. Harry H. Wiggins for respondent. Reported below: 107 F.2d 906.

No. 799. SIBBACH v. WILSON & Co. April 8, 1940. Petition for writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit granted. Messrs. Lambert Kaspers and Royal W. Irwin for petitioner. Mr. J. F. Dammann for respondent. Reported below: 108 F. 2d 415.

No. 813. Montgomery WARD & Co. v. DUNCAN. April 8, 1940. Petition for writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit granted. Mr. J. Merrick Moore for petitioner. Messrs. Edward H. Coulter and Kenneth W. Coulter for respondent. Reported below: 108 F.2d 848.

No. 822. WASHINGTON Ex REL. Columbia BROADCASTING Co. v. SUPERIOR CourT OF THE STATE of WASHINGTON FOR KING County ET AL. See ante, p. 638.

No. 768. HELVERING, CoMMISSIONER OF INTERNAL REVENUE, v. CENTER INVESTMENT Co. See ante, p 639.

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