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309 U. S. Decisions Denying Certiorari.

certiorari to the District Court of Appeal, Third Appellate District, of California, denied. Messrs. Arthur B. Dunne, William H. Devlin, A. I. Diepenbrock, and Horace B. Wulff for petitioner. Mr. Stephen W. Downey for respondent. Reported below: 35 Cal. App. 2d 130; 94 P. 2d 1028.

No. 694. ARBETMAN ET AL. v. RECONSTRUCTION FINANCE CoRPORATION ET AL. March 11, 1940. Petition for writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit denied. Mr. Meyer Abrams for petitioners. Solicitor General Biddle and Messrs. Clifford J. Durr, Hans A. Klagsbrunn, and William S. Allen for respondents. Reported below: 109 F. 2d 167.

No. 695. DoNALD ET AL. v. DISTRICT of Columbia. March 11, 1940. Petition for writ of certiorari to the Court of Appeals for the District of Columbia denied. Mr. James T. Crouch for petitioners. Messrs. Elwood H. Seal, Vermon E. West, and Milton D. Korman for respondent. Reported below: 108 F. 2d 15.

No. 696. CLARKE v. Gold DUST CORP. March 11, 1940. Petition for writ of certiorari to the Circuit Court of Appeals for the Third Circuit denied. Mr. James M. Snee for petitioner. Mr. George W. C. McCarter for respondent. Reported below: 106 F. 2d 598.

No. 700. FLANNERY ET AL. v. FLANNERY BOLT Co. March 11, 1940. Petition for writ of certiorari to the Circuit Court of Appeals for the Third Circuit denied. Mr. W. Denning Stewart for petitioners. Messrs. Roy G. Bostwick and William H. Parmelee for respondent. Reported below: 108 F. 2d 531.

Decisions Denying Certiorari. 309 U.S.

No. 701. BARRETT v. MoRGENTHAU, SECRETARY OF THE THEASURY, ET AL. March 11, 1940. Petition for writ of certiorari to the Court of Appeals for the District of Columbia denied. Messrs. William Cattron Rigby, Hugh C. Smith, and Eugene R. West for petitioner. Solicitor General Biddle, Assistant Attorney General Shea, and Messrs. Paul A. Sweeney and Richard H. Demuth for respondents. By leave of Court, Mr. William H. McGrann filed a brief on behalf of the Retired Officers of the U. S. Navy et al., as amici curiae, in support of the petition. Reported below: 108 F.2d 481.

No. 708. Borough of EDGEwATER v. BoDINE, JUSTICE, ET AL. Petition for writ of certiorari to the Court of Errors and Appeals of New Jersey denied. Mr. Milton T. Lasher for petitioner. Mr. Samuel Slaff for respondents. Reported below: 125 N. J. L. 212; 8 A.2d 375.

No. 710. LINEASUD-AMERICANA, INC. v. 7,295.40 Tons of LINSEED AND ARCHER-DANIELS-MIDLAND Co. March 11, 1940. Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied. Messrs. Roscoe H. Hupper and F. Herbert Prem for petitioner. Messrs. Ira A. Campbell and Clement C. Rinehart for respondent. Reported below: 108 F.2d 755.

No. 711. Holt v. UNITED STATES. March 11, 1940. Petition for writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit denied. Olin R. Holt, prose. Solicitor General Biddle, Assistant Attorney General Rogge, and Messrs. William W. Barron, Fred E. Strine, George F. Kneip, and W. Marvin Smith for the United States. Reported below: 108 F.2d 365.

309 U.S. Decisions Denying Certiorari.

No. 716. VAIL, EXECUTRIX, v. County of SoMERSET. March 11, 1940. Petition for writ of certiorari to the Supreme Court of New Jersey denied. Mr. T. Girard Wharton for petitioner. Mr. Ralph E. Lum for respondent. Reported below: 123 N. J. L. 415; 8 A.2d 696.

No. 723. EMPLOYERs LIABILITY ASSURANCE CORP. v. NEwTon. March 11, 1940. Petition for writ of certiorari to the Circuit Court of Appeals for the Fourth Circuit denied. Messrs. R. M. Hughes, Jr. and Leon T. Seawell for petitioner. Messrs. William Shepherd Drewry and Charles B. Godwin, Jr. for respondent. Reported below: 107 F.2d 164.

No. 739. LovE v. UNITED STATES. March 25, 1940. Petition for writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit, and motion for leave to proceed further in forma pauperis, denied. Harold R. Love, prose. Reported below: 108 F.2d 43.

No. 699. KING v. REALTY MORTGAGE Co. ET AL. March 25, 1940. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit, and motion for leave to proceed further in forma pauperis, denied. MR. JUSTICE BLACK took no part in the consideration and decision of these applications. Mr. Erle Pettus for petitioner. Mr. Douglas Arant for respondents. Reported below: 107 F.2d 90.

No. 731. UNITED STATES v. STANDARD OIL COMPANY of CALIFoRNIA. March 25, 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 215234°–40—43

Decisions Denying Certiorari. 309 U. S.

consideration and decision of this application. Solicitor General Biddle for the United States. Messrs. Oscar Lawler, Donald R. Richberg, Eugene M. Prince, and Wm. H. Burges for respondent. Reported below: 107 F. 2d 402.

No. 653. CLEVELAND TRUST Co. ET AL. v. SCHRIBERSCHROTH Co.;

No. 654. SAME v. ABERDEEN MotoR SUPPLY CoMPANY; and

No. 655. SAME v. F. E. Rowe SALEs Co. March 25, 1940. The motion to consider the petition for writs of certiorari on a reduced number of copies of the record is granted. The petition for writs of certiorari to the Circuit Court of Appeals for the Sixth Circuit is denied. MR. JUSTICE Roberts took no part in the consideration and decision of these applications. Messrs. Arthur C. Demison, F. O. Richey, Wm. C. McCoy, and Milton Tibbetts for petitioners. Messrs. John H. Bruninga and John H. Sutherland for respondents. Reported below: 108 F. 2d 109.

No. 718. AMERICAN CASUALTY Co. v. WINDHAM ET AL. March 25, 1940. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied. MR. JUSTICE Roberts took no part in the consideration and decision of this application. Mr. T. Baldwin Martin for petitioner. Reported below: 107 F.2d 88.

No. 722. STEwART v. PENNsylvania (CITY OF JEANNETTE). March 25, 1940. On consideration of the suggestion of a diminution of the record and motion for a writ of certiorari in that relation, the motion for a writ of certiorari is denied. The petition for writ of certiorari to the Mayor's Court, City of Jeannette, Pennsylvania, 309 U. S. Decisions Denying Certiorari.

is denied. Messrs. Joseph F. Rutherford and Hayden C. Covington for petitioner. Mr. Harris C. Arnold for respondent. Reported below: 137 Pa. Super. 445; 9 A. 2d 179.

No. 687. KERNOCHAN, EXECUTOR, v. UNITED STATES. March 25, 1940. Petition for writ of certiorari to the Court of Claims denied. Mr. L. L. Hamby for petitioner. Solicitor General Biddle, Assistant Attorney General Clark, and Messrs. Sewall Key and Arnold Raum for the United States. Reported below: 89 Ct. Cls. 507; 29 F.Supp. 860.

No. 697. RUBENSTEIN v. UNITED STATES. March 25, 1940. Petition for writ of certiorari to the Circuit Court of Appeals for the Third Circuit denied. Messrs. Wm. E. Leahy, Wm. J. Hughes, Jr., and James F. Reilly for petitioner. Solicitor General Biddle, Assistant Attorney General Clark, and Messrs. Joseph W. Burns and Lee A. Jackson for the United States. Reported below: 108 F. 2d 1019.

No. 702. GLADE CANDY Co. v. FEDERAL TRADE CoMMISSION;

No. 703. SHUPE-WILLIAMs CANDY Co. v. SAME; and

No. 704. OSTLER CANDY Co. v. SAME. March 25, 1940. Petition for writs of certiorari to the Circuit Court of Appeals for the Tenth Circuit denied. Mr. Herldom H. Bowen for petitioners. Solicitor General Biddle, Assistant Attorney General Arnold, and Messrs. Charles H. Weston and W. T. Kelley for respondent. Reported below: 106 F. 2d 962.

No. 706. ELM wood CoRPORATION v. UNITED STATES. March 25, 1940. Petition for writ of certiorari to the

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