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All Reporters → s-ct → Volume 72
Opinions in s-ct Volume 72
Page 1
delivered the opinion of the Court. Indictments have been returned in the Southern District of California charging the twelve petitioners with conspiring to violate the Smith Act, 18 U. S. C. (Supp. IV) §§ 371, 2385. Upon their arrest, bail was fixed for each petitioner in the widely varying amounts of $2,500, $7,500, $75,000 and $100,000. On motion of petitioner Schneiderman following arrest i...
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Page 10
Petitioner was convicted in the California Superior Court in 1949 of making and possessing counterfeiting dies or plates in violation of Cal. Penal Code, 1949, § 480. He did not appeal, but sought to challenge the validity of his conviction by filing successive petitions for a writ of habeas corpus in the California Superior Court and California District Court of Appeal. Following denial of the...
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342 U.S. 35 (1951)
PALMER OIL CORP. ET AL.
v.
AMERADA PETROLEUM CORP. ET AL.
No. 301.
Supreme Court of United States.
Continued November 5, 1951.
APPEAL FROM THE SUPREME COURT OF OKLAHOMA.[*]Coleman Hayes, Mark H. Adams and Charles E. Jones for appellants in No. 301.
Reford Bond, Jr. for appellants in No. 302.
Harry D. Page for the Amerada Petroleum Corporation; Earl A. Brown, Robert W. Richards ...
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This suit in admiralty, a libel in personam brought in the District Court for the Canal Zone, is petitioner’s third attempt to secure damages for injuries alleged to have been sustained on December 3, 1947, while a passenger on board respondent’s steamship Panama. Petitioner instituted her first action against the respondent on April 10,1948. This complaint was dismissed October 7, 1948, af...
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delivered the opinion of the Court.
Rule 24 (a) of the Federal Rules of Civil Procedure provides in part as follows:
“(a) Intervention of Right. Upon timely application anyone shall be permitted to intervene in an action: . . . (2) when the representation of the applicant’s interest by existing parties is or may be inadequate and the applicant is or may be bound by a judgment in the action; or (3)...
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delivered the opinion of the Court. Petitioner, a seaman, brought this suit in admiralty alleging in the first count a cause of action based on negligence and unseaworthiness, while in the second *26 count he sought maintenance and cure. He alleged the actionable wrongs to have taken place in November and December .of 1945, but. he did not file his libel until January 22, 1948. The Act whic...
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C. A. 3d Cir. Certiorari denied....
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Supreme Court of Pennsylvania. Certiorari denied....
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Supreme Court of Nebraska. Certiorari denied....
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The petition for writ of certiorari is granted. The judgment of the Court of Appeals is vacated and the case is remanded to the United States District Court for the Southern District of California with directions to vacate its judgment and to dismiss the petition upon the ground that the cause is moot....
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C. A. 2d Cir. Certiorari denied....
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C. A. 8th Cir. Certiorari denied....
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C. A. 2d Cir. Certiorari granted. Mr. Justice Clark took no part in the consideration or decision of this application.-...
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C. A. 10th Cir. Certiorari denied....
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C. A. 6th Cir. Certiorari granted limited to the third question presented by the petition for the writ, i. e.: “Whether assignments of claims against the United States for such timber damage to the leased property are void under the Anti-Assignment Act (31 U. S. C. § 203), where the assignments were voluntarily made by the lessor-owners of the property to their successors in title after the leases...
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C. A. 2d Cir. Certiorari denied....
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C. A. 9th Cir. Certiorari denied....
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C. A. 7th Cir. Certiorari denied....
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District Court of Appeal of California, First Appellate District. *814■Certiorari denied.' Roger Kent for petitioner. Lyman Henry for the Palace Hotel Co.; and Farnham P. Griffiths and Morris M. Doyle for the Bank of California et al., respondents....
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C. A. 9th Cir. Certiorari denied....
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C. A. 3d Cir. Certiorari granted....
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United States Court of Appeals for the District of Columbia'Circuit. Certiorari denied....
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C. A. 7th Cir. Certiorari denied....
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C. A. 3d Cir. Certiorari denied....
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*816C. A. 6th Cir. Certiorari denied. Solicitor General Perlman filed a memorandum for the United States, respondent, stating that the Government, in effect, occupies the role of a stakeholder and takes no position as to whether the writ of certiorari should issue....
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C. A. 10th Cir. Certiorari denied.'...
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72 S. Ct. 31: Columbia Hospital for Women & Lying-In Asylum v. United States Fidelity & Guaranty Co.
Page 31
United States Court of Appeals for the District of Columbia Circuit. Certiorari denied....
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Page 32
Certiorari, 341 U. S. 938, to the Supreme Court of California. It is ordered that Franklin C. Stark, Esq., of Oakland, California, a member of the bar of this Court, be appointed to serve as counsel for the petitioner in this case....
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C. A. 6th Cir. Certiorari granted. Mr. Justice Clark took no part in the consideration or decision of this application....
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C. A. 5th Cir. .Certiorari denied....
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Supreme Court of Ohio. Certiorari granted....
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Page 33
United States Court of Customs and Patent Appeals. Certiorari denied....
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Page 33
Certiorari, 341 U. S. 939, to the Supreme Court of Pennsylvania. It is ordered that Archibald Cox, Esq., of Cambridge, Massachusetts, a member of the bar of this Court, be appointed to serve as .counsel for the petitioners in thesé cases....
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*818C. A. 7th Cir. Certiorari denied....
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Judgments reversed. Alabama Public Service Comm’n v. Southern R. Co., -341 U. S. 341. Mr. Justice Frankfurter and *803Mr. Justice Jackson adhere to the views expressed in their concurring opinion in Alabama Public Service Comm’n v. Southern R. Co., 341 U. S. 341, 351, as to the jurisdictional issue in these cases. Si Garrett, Attorney-General of Alabama, M. Roland Nachman, Jr. and Wallace L. Johns...
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The petition for writ of certiorari is granted. It appearing that the cause has become moot, the judgment of the Supreme Court of New Jersey is vacated and the cause is remanded for such proceedings as by that Court may be deemed appropriate....
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United States Court of Appeals for the District of Columbia Circuit. Certiorari denied....
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Certiorari, 341 U. S. 947; to the Supreme Court of Illinois. It is ordered that Nathaniel L. Nathanson, Esq., of Chicago, Illinois, a member of the bar of this Court, be appointed to serVfe as counsel for the petitioners in these cases. It is further ordered that Calvin P. Sawyier, Esq., of Chicago, Illinois, be appointed to serve as associate counsel for the peti-, tioner in No. 95....
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Supreme Court of Appeals of Virginia. Certiorari denied....
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Court of Appeals of New York. Certiorari denied....
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United States Emergency Court of Appeals. Certiorari denied. The Chief Justice took no part in the consideration or .decision of these applications....
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C. A. 6th Cir. Certiorari denied....
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C. A. 9th Cir. Certiorari denied....
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The motion to dismiss is granted and the appeal is dismissed for the want of a substantial federal, question....
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Supreme Court of Florida. Certiorari denied....
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C. A. 2d Cir. Certiorari denied....
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Page 38
C. A. 9th Cir. Certiorari denied. Mr. Justice Clark took no part in the consideration or decision of these applications....
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C. A. 9th Cir. Certiorari denied....
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Supreme Court of Illinois. Certiorari granted....
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Supreme Court of Pennsylvania. Certiorari denied....
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Court of Civil Appeals of Texas, Seventh Supreme Judicial District. Certiorari denied....
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Supreme Court of Minnesota. Certiorari denied....
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C. A. 5th Cir. Certio*810rari granted. Solicitor General Perlman for petitioner. M. L. Cook for respondent....
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C. A. 7th Cir. Certiorari denied....
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C. A. 5th Cir. Certiorari denied....
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C. A. 4th Cir. Certiorari denied. Mr. Justice Reed took no part in the consideration or decision of this application....
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Page 43
*823United States Court of'Appeals for the District of Columbia Circuit. Certiorari denied....
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C. A. 4th Cir. Certiorari denied....
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C. A. 5th Cir. Certiorari denied....
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C. A. 2d Cir. Certiorari denied....
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United States Court of Appeals for the District of Columbia Circuit. Certiorari denied. Mr. Justice Clark took no part in the consideration or decision of this application....
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C. A. 3d Cir. Certiorari de*825nied. Archibald Palmer and Max L. Rosenstein for petitioner. Morris M. Schnitzer for respondent....
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C. A. 4th Cir. Certiorari denied....
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The motion for leave to . file brief of American Federation of Labor is denied. The motion to dismiss is granted and the appeal is dismissed for the want of a substantial federal question....
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The motion to dismiss is granted and the appeal is dismissed for the want of a substantial *804federal question. Mahlon E. Lewis for appellant. Nathaniel K. Beck and Leonard Boreman for appellee....
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Court of Claims. Certiorari denied....
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C. A. 5th Cir. Certiorari denied....
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C. A. 5th Cir. Certiorari denied....
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Page 47
The petition for writ of certiorari is granted. Upon consideration of respondent’s confession of error and the record, the judgment of the Court of Appeals is reversed and the case is remanded to the District Court with directions to vacate its order dismissing the complaint....
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C. A. 5th Cir. Certiorari denied....
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Page 47
C. A. 7th Cir. Certiorari granted. Mr. Justice Clark took no part in the consideration or decision of this application....
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United States Court of Appeals for the District of Columbia Circuit. Certiorari denied....
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C. A. 3d Cir. Certiorari granted....
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Appellate Division of the Supreme Court of New York, First Judicial Department. Certiorari denied....
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C. A. 9th Cir. Certiorari denied....
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Supreme Court of Pennsylvania. Certiorari denied....
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Court of Appeals of New York. Certiorari denied....
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C, A. 5th Cir. Certiorari denied....
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C. A. 6th Cir. Certiorari denied....
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C. A. 3d Cir. Cértiorari denied. Mr. Justice Black is of the opinion certiorari should be grantéd....
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Page 51
United States Court of Appeals for the District of Columbia Circuit. Certiorari denied....
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United States Court of Appeals for the District of Columbia Circuit. Certiorari denied....
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C. A. 7th Cir. Certiorari denied....
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*810United States Court of Appeals for the District of Columbia Circuit. Certiorari granted.; Mr. Justice Clark took no part in the consideration or decision of this application Solicitor General Perlman filed a memorandum suggesting that certiorari be granted....
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The motion to dismiss is granted and the appeal is dismissed for the want of a substantial federal question. Mr. Justice Black dissents....
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C. A. 5th Cir. Certiorari denied....
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*828C. A. 5th Cir. Certiorari denied....
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C. A. 7th Cir. Certiorari denied....
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C. A. 2d Cir. Certiorari denied....
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Petitions for writs of certiorari to the United States Court of Appeals for the Sixth Circuit denied for the reason that applications therefor were not made within the time provided by law. 28 U. S. C. § 2101 (c)....
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Page 54
United States Court of Appeals for the District of Columbia Circuit. Certiorari denied....
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C. A. 5th Cir. Certiorari denied....
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C. A. 9th Cir. Certiorari denied....
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C. A. 7th Cir. Certiorari denied....
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C. A. 1st Cir. Certiorari denied....
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United States Court of Appeals for the District of Columbia Circuit. Certiorari *831denied. Raymond T. Jackson, George S. Smith and Harry P. Warner for petitioner. Solicitor General Perl-man, Assistant Attorney General Morison, Ralph S. Spritzer, Benedict P. Cottone and Max Goldman for respondent....
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C. A. 7th Cir. Certiorari denied....
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The appeal is dismissed for want of jurisdiction. 28 U. S. C. § 1257 (2). Treating the papers whereon the appeal was allowed as a petition for writ of certiorari as required by 28 U. S. C. § 2103, certiorari is denied....
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United States Court of Appeals for the District of Columbia Circuit. Certiorari denied. Mr. Justice Black is of the opinion certiorari should.be granted....
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Supreme Court of North Carolina. Certiorari denied....
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Supreme Court of Ohio. Certiorari granted....
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Supreme Court of Appeals of Virginia. Certiorari denied....
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Supreme Court of Tennessee. Certiorari denied....
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Supreme Court of New Jersey. Certiorari. denied....
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Court of Civil Appeals of Texas, Fifth Supreme Judicial District. Certiorari denied....
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C. A. 3d Cir. Certiorari denied....
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Motion for leave to file petition for writ of prohibition denied....
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United States Court of Appeals for the District of Columbia Circuit. Certiorari denied....
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Criminal Court of Cook County, Illinois. Certiorari denied....
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Page 65
Motions for leave to file petitions for writs of certiorari and habeas corpus denied....
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Court of Appeals of Maryland. Certiorari denied....
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The judgmeht is affirmed by an equally divided Court. Mr. Justice Minton took no part in the consideration, or decision of this case....
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C. A. 5th Cir. Certiorari denied. Mr. Justice Jackson and Mr. Jus-tice Clark took no .part in the consideration or decision of this application....
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The petition for
writ of certiorari is granted. The judgment of the Court of Appeals is vacated and the case is remanded to that court for the purpose of determining whether there was jurisdiction by virtue of diversity of citizenship.
Mr. Justice < Black dissents....
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The judg-. ment is vacated and the case is remanded to the District Court for further consideration in the. light of Alabama Public Service Comm’n v. Southern B. Co., 341 U. S. 341....
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United States Court of Appeals *848for the District of Columbia Circuit. Certiorari granted. William Radner, Odell Kominers and Henry G. Fischer for petitioners in No. 172. Thurman Arnold, Edward J. Ennis and Harry M. Plotkin for petitioner in No. 178. Solicitor General Perl-man, Assistant Attorney General Baynton and George B. Searls for McGrath et al., respondents in No. 172 and McGrath, respond...
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Supreme Court of Tennessee. Certiorari granted....
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342 U.S. 852
72 S.Ct. 75
96 L.Ed. 643
Bruno A. KOEHLER and Hugo W. Ackermann, petitioners,v.UNITED STATES of America.
No. 199.
Supreme Court of the United States
October 15, 1951
Messrs. Elbert R. Jandt and Ben F. Foster, for petitioners.
Solicitor General Perlman, Assistant Attorney General McInerney and Mr. Robert S. Erdahl, for the United States.
P...
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C. A. 3d Cir. Certiorari granted....
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Appeal from the United States District Court for the District of Columbia. The appeal is dismissed on motion of counsel for the appellant....
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United States Court of Appeals for the District of Columbia Circuit. ' Certiorari denied....
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C. A. 7th Cir. Certiorari granted....
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C. A. 9th Cir. Certiorari denied....
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C. A. 2d Cir. Certiorari denied....
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United States Court of Appeals for the District of Columbia Circuit. The motion for leave to file brief of Radio Cincinnati, Inc. et al., as amici curiae in No. 224, is denied. Certiorari granted....
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Supreme Court of Michigan. Certiorari denied....
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C. A. 2d Cir. Certiorari denied....
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C. A. 9th Cir. Certiorari granted....
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United States Court of Appeals for the District of *851Columbia Circuit. Certiorari denied. Frederick A. Ballard for petitioner....
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C. A. 10th Cir.. The motion for leave to file brief of Rodman W. Keenon and others, as amici curiae, is denied. Certiorari denied....
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The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question. Eldridge v. Trezevant, 160 U. S. 452; Wolfe v. Hurley, 283 U. S. 801. Mr. Justice Minton took no part in the consideration or decision *845of this case. Hector G. Spaulding for appellants. C. C. Wood for appellee....
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The motion to affirm is granted and the judgment is affirmed. United States v. American Sheet & Tin Plate Co., 301 U. S. 402; United States v. United States Smelting Co., 339 U. S. 186.
Mr. Justice Minton took no part in the consideration or decision of. this case....
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C. A. 9th Cir. Certiorari denied....
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Certiorari, ante, p. 810, to; the United States Court of Appeals for the Sixth Circuit. It is ordered that G. Les*857lie Field, Esquire, of Detroit, Michigan, a member of the bar of this Court, be appointed to serve as counsel for the petitioner in this case....
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On petition for writ of certiorari to' the United States Court of Appeals for the Ninth Circuit. Petition for writ of certiorari in this case dismisséd on motion of counsel for the petitioner....
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Supreme Court of Appeals of Virginia. Certiorari denied....
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C. A. 7th Cir. Certiorari denied....
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Page 86
United States Court of Appeals for the District of Columbia Circuit. Certiorari denied....
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C. A. 2d Cir. Motions for leave to file briefs of J. Calvin Brown, as amicus curiae, denied. Certiorari denied. Mr. Justice Black is of the opinion that the petitions should be granted....
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C. A. 10th Cir. Certiorari denied....
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C. A. 5th Cir. Certiorari denied....
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C. A. 7th Cir. Certiorari denied....
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C. A. 2d Cir. Motion for leave to file brief of States Marine Corp. et al., as amici curiae', denied. Certiorari denied....
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C. A. 6th Cir. Certiorari' denied....
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C. A. 5th Cir. Certiorari denied....
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Page 88
United States Court of Appeals for the District of Columbia Circuit. Certiorari denied....
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C. A. 6th Cir. Certiorari denied....
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C. A. 3d Cir. Certiorari denied....
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Granted....
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Page 89
United States Court of Appeals for the District of Columbia Circuit. Certiorari denied. Mr. Justice Clark took no part in the consideration or decision of this application....
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Appeal from the Court of Claims. Dismissed per stipulation pursuant to Rule 35 of the Rules of this Court....
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On petition for writ of certiorari to the Appellate Court of Illinois, Fourth District. Dismissed per stipulation pursuant to Rule 35 of the Rules of this Court....
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On petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit. Dismissed per stipulation pursuant to Rule 35 of the Rules of this Court....
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Certiorari, 341 U. S. 930, to the United States Court of Appeals for the Seventh Circuit. Dismissed per stipulation pursuant to Rule 35 of thé Rulés of this Court....
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delivered the opinion of the Court. Here we are faced with troublesome questions as to the exclusion from evidence, on motion of the accused, of contraband narcotics claimed by him which were seized on the premises of other persons in the course of a search without a warrant. On the basis of the seized narcotics, the accused, respondent here, was convicted of violation of the narcotics laws, 26...
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342 U.S. 36 (1951)
UNITED STATES
v.
CARIGNAN.
No. 5.
Supreme Court of United States.
Argued October 8, 1951.
Decided November 13, 1951.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT.
*37 Philip Elman argued the cause for the United States. Solicitor General Perlman, Assistant Attorney General McInerney, Robert S. Erdahl and Beatrice Rosenberg filed a brief for the United ...
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Appeal from the United States District Court for the Northern District of Georgia. This case is restored to the summary docket for reargument....
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Court of Appeals of New York. Certiorari granted....
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C. A. 8th Cir. Certiorari denied....
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C. A. 7th Cir. Certiorari denied. Mr. Justice Black is of the opinion certiorari should be granted....
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Appeal from the United States District Court for the District of Colorado. It is ordered that Bernard Margolius, Esquire, of Washington, D. C., a member of the bar of this Court, be appointed to serve as counsel for the appellee in this case....
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Page 105
Supreme Court of California. Certiorari denied....
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ante, p. 820, ante, p. 822; ante, p. 831; and ante, p. 806. The petitions for rehearing in these cases are severally denied....
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Page 106
Supreme Court of Arkansas. Certiorari denied....
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Page 106
Supreme Court of Washington. Certiorari denied....
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C. A. 3d Cir. Certiorari granted. Mr. Justice Clark took no part in the consideration or decision of this application....
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Page 106
Supreme Court of Oklahoma. Certiorari denied....
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C. A. 2d Cir. Certiorari denied. MR- Justice Reed, Mr. Justice Jackson, and Mr. Justice Clark are of the opinion certiorari should be granted....
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Co. C. A. 2d Cir. Certiorari denied....
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C. A. 9th Cir. Certiorari denied....
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Supreme Court of Missouri. Certiorari denied....
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Page 108
United States Court of Appeals for the District of Columbia Circuit. Certiorari denied....
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C. A. 3d Cir. Certiorari denied....
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C. A. 2d Cir. Certiorari denied....
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Supreme Court of Missouri. Certiorari denied....
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C. A. 7th Cir. Certiorari denied....
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C. A. 8th Cir. Certiorari granted....
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Page 110
Court of Appeals of Kentucky. Certiorari denied....
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United States Court of Appeals for the District of Columbia Circuit. Certiorari denied....
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United Státés Cotirt of Appeals for the District of Columbia Circuit. Certiorari denied....
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C. A. 2d Cir. Certiorari denied. The Chief Justice took no part in the consideration or decision of this application....
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Supreme Court of Utah. Certiorari denied....
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C. A. 10th Cir. Certiorari denied....
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Co. C. A. 5th Cir. Certiorari denied....
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Petition for writ of certiorari to the United .States Court of Appeals for the *864SecG id Circuit dismissed on motion of counsel for the petit oner. Cedric A. Major and E. Clyde Algire for petitioner....
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C. A. 5th Cir. Certiorari denied....
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C. A. 5th Cir. Certiorari denied....
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Page 112
United States Court of Appeals for the District of Columbia. Circuit. Certiorari denied. Mr. Justice Clark took no part in the consideration or decision of this application....
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Supreme Court of Pennsylvania, Eastern District. Certi*871orari denied! L. B. Schofield and Harry J. Alker, Jr. for petitioner. Owen Brooke Rhoads for respondent....
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Supreme Court of Colorado. Certiorari denied....
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C. A. 2d Cir. Certiorari denied....
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Page 114
The appeals are dismissed for want of jurisdiction. 28 U. S. C. § 1257 (2). Treating the papers whereon the appeals were allowed as petitions for writs of certiorari as required by 28 U. S. C. § 2103, certiorari is denied....
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Page 118
delivered the opinion of the Court.
Petitioners asked equitable relief from the Federal District Court to prevent the fruit of an unlawful search by New Jersey police from being used in evidence in a State *118criminal trial. The suit was brought under R. S. § 1979, 8 U. S. C. § 43, providing for redress against “Every person who, under color of any statute, ordinance, regulation, custom, or usage...
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Page 123
delivered the opinion of the Court. Each of the three petitioners is confined in an Illinois penitentiary following conviction of serious crimes. Petitioners’ factual allegations need not be described, except to note petitioners’ specific claims that confessions introduced at their trials were wrung from them by force and violence. Although such allegations set forth a prima facie violation of fed...
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Page 130
342 U.S. 76 (1951)
BINDCZYCK
v.
FINUCANE, CHAIRMAN OF THE BOARD OF IMMIGRATION APPEALS, ET AL.
No. 18.
Supreme Court of United States.
Argued October 10, 1951.
Decided November 26, 1951.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT.
Joseph A. Fanelli argued the cause and filed a brief for petitioner.
*77 James L. Morrisson argued the cause for respondents....
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Page 141
342 U.S. 55 (1951)
GALLEGOS
v.
NEBRASKA.
No. 94.
Supreme Court of United States.
Argued October 8, 1951.
Decided November 26, 1951.
CERTIORARI TO THE SUPREME COURT OF NEBRASKA.
Robert G. Simmons, Jr. argued the cause for petitioner. With him on the brief were James G. Mothersead and Floyd E. Wright.
*56 Walter E. Nolte, Deputy Attorney General of Nebraska, and Homer L. Kyle, Assistant Attorney Ge...
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342 U.S. 98 (1951)
UNITED STATES
v.
WUNDERLICH ET AL.
No. 11.
Supreme Court of United States.
Argued November 6, 1951.
Decided November 26, 1951.
CERTIORARI TO THE COURT OF CLAIMS.
Paul A. Sweeney argued the cause for the United States. With him on the brief were Solicitor General Perlman, Assistant Attorney General Baldridge and Morton Liftin.
Harry D. Ruddiman argued the cause for respondents. ...
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Page 157
delivered the opinion of the Court. Shortly after petitioner and respondent were married on February 5, 1943, respondent discovered that petitioner was the lawful wife of one Mann. At that time petitioner and respondent were living in Virginia and agreed that petitioner would go to Florida and obtain there a divorce from Mann, so that they could be remarried. That course *127was followed, responde...
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Page 162
342 U.S. 881
72 S.Ct. 162
96 L.Ed. 661
Edward J. KEENAN, Petitioner,v.C. J. BURKE, Warden, New Eastern State Penitentiary. Walter JANKOWSKI, Petitioner, v. C. J. BURKE, Warden, New Eastern State Penitentiary. Orville FOULKE, Petitioner, v. C. J. BURKE, Warden, New Eastern State Penitentiary.
Nos. 80, 81 and 82.
Supreme Court of the United States
Argued and submitted N...
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ante, p. 851. Rehearing denied. Mr. Justice Jackson and Mr. Justice Clark took no part in the consideration or decision of this application....
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Page 163
A rule is ordered to issue, returnable within 30 days, requiring the defendants to show cause why leave to file the complaint should not be granted.....
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ante, p. 845; ante, p. 818; ante, p. 823; and ante, p. 827. Petitions for rehearing denied....
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Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit dismissed on motion of counsel for the petitioner....
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Court of Claims. Certiorari denied....
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Page 165
United States Court of Appeals for the District of Columbia Circuit. Certiorari granted. Mr. Justice Black and Mr. Justice Clark took no part in the consideration or decision of these applications....
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Court of Claims. Certiorari denied....
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Petition for writ of certiorari to the Supreme Court of Florida denied for want of a final Judgment. Mr. Justice Black and Mr. Justice Douglas are of the opinion certiorari should be granted....
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Supreme Court of California. Certiorari denied....
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Supreme Court of Louisiana. Certiorari denied....
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C. A. 10th Cir. Certiorari denied....
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Supreme Court of Mississippi. Certiorari denied. petitioner....
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Supreme Court of Washington. Certiorari denied....
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C. A. 8th Cir. Certiorari denied....
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United States Court of Appeals for the District of Columbia Circuit. Certiorari denied....
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C. A. 7th Cir. Certiorari granted....
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The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question....
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C. A. 7th Cir. Certiorari denied....
Views: 1
C. A. 7th Cir. Certiorari denied....
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United States Court of Appeals for thé District of Columbia Circuit. Certiorari denied....
Views: 5
C. A. 5th Cir. Certiorari denied....
Views: 3
C. A. 6th Cir. Certiorari denied....
Views: 0
Supreme Court of New Jersey. Certiorari denied.'...
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
*886C. A. 3d Cir. Certiorari denied....
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Supreme Court of Michigan. Certiorari denied....
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Page 176
Appellate Division of the Supreme Court-of New York, First Judicial Department. Certiorari denied....
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Supreme Court of Florida. Certiorari denied....
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Page 177
The motion to dismiss is granted and the appeal is dismissed for the want of a.substantial federal question....
Views: 7
*887C. A. 4th Cir. Certiorari denied. George E. Allen for respondents....
Views: 9
Page 178
The motion to affirm is granted and the judgment is affirmed....
Views: 11
Page 178
The appeals are dismissed for the want of a substantial federal question. Mr. Justice Black and Nr. Justice Douglas are of the opinion probable jurisdiction should be noted....
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delivered the opinion of the Court.
The principal question here is whether a newspaper publisher’s conduct constituted an attempt to monopolize interstate commerce, justifying the injunction issued against it under §§ 2 and 4 of the Sherman Antitrust Act.
1
For the reasons hereafter stated, we hold that the injunction was justified.
*145
This is a civil action, ins...
Views: 18
The United States brought this action under the Veterans’ Emergency Housing Act of 1946 1 to compel restitution of allegedly excessive prices charged by respondents in the sale of two houses. The District Court entered judgment for respondents, 89 F. Supp.708, and the Court of Appeals for the First Circuit affirmed, 185 F. 2d 608. We granted certiorari, 341 U. S. 925. *161 Maximum sales pri...
Views: 4
Page 191
Opinion of the Court by announced by Mr. Justice Frankfurter. This Court has repeatedly held that the Due Process Clause of the Fourteenth Amendment requires states to afford defendants assistance of counsel in noncapital criminal cases when there are special circumstances showing that without a lawyer a defendant could not have an adequate and a fair defense.* Petitioner, a prisoner in a Pennsylv...
Views: 0
Page 196
Petitioners brought suit in the District Court for the District of Columbia to restrain on constitutional grounds the enforcement of certain legislation passed by Congress for the administration of the District of Columbia school system. Petitioners’ request that a court of three judges be convened under Section 2282 of the Judicial Code 1 was denied. Subsequently, the motion of defendant schoo...
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ante, p. 832. Motion for leave to file brief of Warehouse Employees Union, Local 169, et al., as amici curiae, denied. Rehearing denied....
Views: 0
Page 199
It is ordered that A. Stewart Kerr, Esquire, of Detroit, Michigan,- be appointed to serve as counsel for the respondent in this dase....
Views: 2
C. A. 8th Cir. Certiorari denied....
Views: 0
C. A. 1st Cir. Certiorari denied. Mr. Justice Black is of the opinion certiorari should be granted....
Views: 3
Court of Claims. Certiorari denied....
Views: 1
The motion to dismiss is granted and the appeal is dismissed for want of jurisdiction, 28 U. S. C. § 1257 (2). The petition for writ of certiorari is denied....
Views: 6
The motion to affirm is granted and the judgment is affirmed. Mr. Justice Black and Mr. Justice Reed dissent from the action of the Court in affirming without oral argument....
Views: 1
C. A. 2d Cir. Certiorari denied. Mr. Justice Black and Mr. Justice Douglas are of the opinion certiorari should be granted....
Views: 2
Page 203
Motion for leave to file -petition for writ of habeas Gorpús denied....
Views: 6
Page 205
delivered the opinion of the Court.
- Having “some information that [the petitioner here] was selling narcotics,” three deputy sheriffs of the County of Los Angeles, on the morning of July 1, 1949, made for the two-story dwelling house in which Rochin lived with his mother, commonrlaw wife, brothers and sisters. Finding,the outside door open, they entered and then forced open the door to Rochin’s ...
Views: 2
342 U.S. 193 (1952)
UNITED STATES
v.
KELLY ET AL.
No. 209.
Supreme Court of United States.
Argued November 30, 1951.
Decided January 2, 1952.
CERTIORARI TO THE COURT OF CLAIMS.
Saul R. Gamer argued the cause for the United States. With him on the brief were Solicitor General Perlman, Assistant Attorney General Baldridge, Paul A. Sweeney and Herman Marcuse.
Henry J. Fox argued the cause and filed ...
Views: 3
delivered .the opinion of the Court. Petitioner brought suit under the Jones Act 1 to recover damages for the death of her intestate son from injuries sustained during the. course of his employment by respondent. The Court of Appeals for the Seventh Circuit reversed the judgment of the District Court entered on a jury’s verdict in petitioner’s favor. 2 This Court granted certiorari. 3 R...
Views: 11
delivered the opinion of the Court. .
The C-O-Two Fire Equipment Company, the respondent here, owns two patents, one issued on November 23, 1948, and the other reissued on August 23, 1949, for squeeze-grip valves and discharge heads for portable fire extinguishers. C-O-Two, incorporated in Delaware, has offices in Newark, New Jersey. On January 17, 1950, it commenced in the District Court ...
Views: 13
342 U.S. 197 (1952)
PILLSBURY ET AL., DEPUTY COMMISSIONERS,
v.
UNITED ENGINEERING CO. ET AL.
No. 229.
Supreme Court of United States.
Argued December 6, 1951.
Decided January 2, 1952.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT.
Samuel D. Slade argued the cause for petitioners. With him on the brief were Solicitor General Perlman, Assistant Attorney General Baldridge, L...
Views: 8
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 4th Cir. Mathy, Executor, substituted for Littleton. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
Page 230
C. A. 5th Cir. Certiorari denied. Mr. Justice Clark took no part in the. consideration or decision of this application....
Views: 0
*896Court of Claims. Certiorari denied. Wesley E. Disney and F. M. Goodwin for respondent....
Views: 10
C. A. 7th Cir. Certiorari denied....
Views: 1
On petition for writ of certiorari to the United States Court of Appeals for the Second Circuit. Motion of respondent for leave to apply to the United States District Court for leave to dismiss indictment denied. Mr. Justice Clark took no part in the consideration or decision of this motion....
Views: 1
ante, p. 25; ante, p. 868; ante, p. 869; ante, p. 870; ante, p. 836; ante, p. 807; ante, p. 872; and ante, p. 873. Petitions for rehearing in these cases severally denied....
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Page 232
*897Supreme Court of Arkansas. Certiorari denied. W. H. Kitchens, Jr. and J. R. Wilson for respondent....
Views: 4
delivered the opinion of the Court. In the spring of 1947, respondent purchased certain properties for the manufacture of lumber, including a sawmill at Juneau, Alaska, and commenced operations. Shortly thereafter, the International Woodworkers of America requested negotiation of' a contract with respondent, claiming representation of a majority of respondent’s employees. A bargaining agreement...
Views: 15
delivered the opinion of the Court.
This would have remained a profoundly insignificant case to all except its immediate parties had it not been so tried and submitted to the jury as to raise questions both fundamental and far-reaching in federal criminal law, for which reason we granted certiorari.
1
On a large tract of uninhabited and untilled land in a wooded and sparsely p...
Views: 97
delivered the opinion of the Court.
The Retailers’ Sales Tax Act of Tennessee, Tenn. Acts 1947, c. 3, imposes a sales tax on the sale of goods in Tennessee and a use tax on the use within the state of goods purchased elsewhere. Tennessee collected these taxes' from respondents who paid them under protest and then brought these suits to recover them and to enjoin future collections. Two of ...
Views: 7
delivered the opinion of the Court. Appellee Smith (No. 20) was indicted October 2, 1950, for having on or about July 1, 1947, forged the name of the payee on a check drawn on the Treasurer of the United States. *226Appellee Dailey (No. 162) was indicted September 29, 1950, for having on or about March 14, 1947, knowingly made a false statement in connection with his application for Farmers Home A...
Views: 0
delivered the opinion of the Court. In its 19.48 revision of the Judicial Code, Congress provided that prisoners in custody under sentence of a fe'd *207 eral court may move the sentencing court ot “Vacate, set aside or correct any sentence subject to collateral attack. 28 U. S. C. (Supp. IV) § 2255. 1 *208 Respondent, confined, at the McNeil Island penitentiary in the Western District ...
Views: 25
delivered the opinion of the Court. Appellee was indicted on eight counts in the District Court for the Eastern District of Wisconsin for violation of § 213 of the Criminal Code of 1909, 35 Stat. 1129-1130, 18 U. S. C. § 336. The District Court granted appellee’s motion to dismiss the indictment, and the United States *278 appealed directly to this Court, pursuant to 18 U. S. C. (Supp. IV) § ...
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delivered the opinion of the Court.
Halcyon Lines
1
hired the Haenn Ship Ceiling and Refitting Corporation
2
to make repair's on Halcyon’s ship which was moored in navigable waters. Salvador Baccile, an employee of Haenn, was injured aboard ship while engaged in making these repairs. Alleging that his injuries were caused by Halcyon’s negligence and the unseaworthines...
Views: 25
delivered the opinion of the Court.
This case brought here on writ of certiorari1 tests the validity under the Anti-Assignment Act, R. S. § 3477,2 of an assignment of a claim against the United States for property damage. In an effort to escape the prohibition of that Act, respondents joined their assignors, Mrs. Kathleen Boshamer et al.,3 as well as the United States as parties defendant. The Dis...
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Court of Claims. Certiorari denied....
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ante, p. 19. Rehearing denied. Mr. Justice Jackson and Mr. Justice Clark took no part in the consideration of decision of this application....
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C. A. 7th Cir. Certiorari denied....
Views: 0
Supreme *903Court of Florida. Certiorari denied. T. Blackwell for petitioner. William C, Gaither for respondent....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
Court of Claims. Certiorari denied....
Views: 0
Supreme Court of Texas. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 2
Page 292
District Court of Appeal of California, Second Appellate District. Cer*904tiorari denied. R. A. Rogers for petitioner. Frank B. Belcher forrespondents....
Views: 0
United States Emergency Court of Appeals. Certiorari denied....
Views: 1
Page 293
The judgment is vacated and the case is remanded to the District Court for specific findings as to the circumstances attending appellee’s service in the Japanese Army and voting in the Japanese elections and the reasonable inferences to be drawn therefrom. Mr. Justice Black is of. the opinion the judgment should be affirmed. Mr. Justice Douglas, being of the view that the findings are adequate to ...
Views: 1
C. A. 8th Cir. Certiorari denied....
Views: 0
Page 293
C. A. 9th Cir. The motions for leave to file briefs of Atlantic Fishermen’s Union et al., and Fishermen and Allied Workers Division, International Longshoremen’s and Warehouse-men’s Union, as amici curiae, denied. Certiorari denied. Mr. Justice Black is of the opinion certiorari should be granted and the judgment reversed....
Views: 0
Page 294
The judgment is vacated and the ease is remanded to the District Court for specific findings as to the circumstances attending appellee’s service in the Japanese Army and the reasonable inferences to be drawn therefrom. Mr. Justice Black is of the opinion the judgment should be affirmed. Mr. Justice Douglas, being of the view that the findings are adequate to show that the services of appellee to ...
Views: 4
C. A. 2d Cir. Certiorari denied....
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C. A. 9th Cir. Certiorari denied. Mr. Justice Jackson took no part in the consideration or decision of this application....
Views: 3
C. A. 2d Cir. Certiorari denied....
Views: 0
Page 295
Thq appeal is dismissed for the want of a substantial federal question....
Views: 4
Charles A. Helsell for appellant^ The appeal is dismissed, for the want of a substantial federal question....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 1
C. A. 2d Cir. Certiorari denied....
Views: 0
Page 301
District Court of Appeal of California, Second Appellate District. Certiorari denied....
Views: 2
C. A. 4th Cir. Certiorari denied....
Views: 6
Page 302
United States Court of Appeals for the District of Columbia Circuit. Certiorari denied....
Views: 13
United States Court of Appeals for the District of Columbia Circuit. Certiorari denied....
Views: 0
C. A. 9th. Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 4
C. A. 3d Cir. *910Certiorari denied. C, Russell Phillips and Herman T. Van Mell for petitioner. Delbert T. Kirk for respondent....
Views: 2
Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit dismissed on motion of counsel for petitioner....
Views: 2
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 3
C. A. 9th Cir. Certiorari denied. Mr. Justice Black and Mr. Justice Clark took no part in the consideration or decision of this application....
Views: 16
The judgment is affirmed by an equally divided Court. Mr. Justice Frankfurter is of the opinion the writ should be dismissed as improvidently granted and has expressed his views in a memorandum filed in No. 47, United States v. Shannon, decided this day, ante, pp. 288, 294....
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Opinion of the Court by announced by Mr. Justice Douglas. A three-judge District Court has construed certainsprovisións of a Sherman Act Consent decree as compelling the sale of certain moving picture stocks owned by the appellant Hughes. This clise is properly here on appeal from an order entered to compel the sale. 15 U. S. C. (Supp. IV). § 29. These anti-trust proceedings were originally...
Views: 11
342 U.S. 382 (1952)
STANDARD OIL CO.
v.
PECK, TAX COMMISSIONER, ET AL.
No. 184.
Supreme Court of United States.
Argued January 3-4, 1952.
Decided February 4, 1952.
APPEAL FROM THE SUPREME COURT OF OHIO.
Isador Grossman and Rufus S. Day, Jr. argued the cause and filed a brief for appellant.
Isadore Topper argued the cause for appellees. With him on the brief were C. William O'Neill, Attorney Gener...
Views: 11
342 U.S. 359 (1952)
DICE
v.
AKRON, CANTON & YOUNGSTOWN RAILROAD CO.
No. 374.
Supreme Court of United States.
Argued December 3-4, 1951.
Decided February 4, 1952.
CERTIORARI TO THE SUPREME COURT OF OHIO.
Rice A. Hershey argued the cause for petitioner. With him on the brief was Frederic O. Hatch.
William A. Kelly argued the cause for respondent. With him on the brief were Cletus G. Roetzel and...
Views: 25
C. A. 4th Cir. Certiorari denied.
Mr. Justice Frankfurter has filed an opinion in connection with the denial of the petition for writ of certiorari.
Opinion of
in connection with the denial of the petition for writ of certiorari.
On more than one occasion I have indicated the inherent bars to stating, however briefly, the reasons fop denying petitions for certiorari. See,
...
Views: 10
342 U.S. 299 (1952)
GEORGIA RAILROAD & BANKING CO.
v.
REDWINE, STATE REVENUE COMMISSIONER.
No. 1.
Supreme Court of United States.
Argued February 13, 1950.
Continued February 20, 1950.
Reargued November 26, 1951.
Decided January 28, 1952.
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA.
*300 Furman Smith argued the cause for appellant. With him on the briefs ...
Views: 17
delivered the opinion of the Court.
Appellant was incorporated in 1833 by a Special Act of the Georgia General Assembly that included a provision for exemption from taxation.1 In 1945, the Georgia Constitution was amended to provide that “All exemptions from taxation heretofore granted in corporate charters are declared to be henceforth null and void.” 2 According to appellant’s complaint, appelle...
Views: 8
On February 1, 1942, pursuant to the Alien Enemy Act of 1798, as amended, 1 the Attorney. General of the United States interned petitioner, a German citizen residing in this country. On May 3, 1946, acting under the same *348 statute, the Attorney General directed petitioner’s removal to Germany. Thereafter, petitioner applied for a writ of habeas corpus in the District Court for the Eastern ...
Views: 3
Page 327
Appellant Negro school children brought this action in the Federal District Court to enjoin appellee school officials from making any distinctions based upon race or color in providing educational facilities for School District No. 22, Clarendon County, South Carolina. As the b'asis for their complaint, appellants alleged that equal •facilities are not provided for Negro pupils aAd that those con...
Views: 10
delivered the opinion of the Court.
The petitioner is charged with the violation of a regulation promulgated by the Interstate Commerce Commission under 18 U. S. C. § 835.1 The. Regulation provides:
“Drivers of motor vehicles transporting any explosive, inflammable liquid, inflammable compressed *339gas, or poisonous gas shall avoid, so far as practicable, and, where feasible, by prearrangement of...
Views: 3
delivered the opinion of the Court. In this suit the Attorney General of the United States as successor to the Alien Property Custodian1 seeks payment by petitioners of two 5% gold debentures of the face value of $1,000 each and payable to bearer. Petitioner Cities Service Company is obligor on the debentures and petitioner Chase National Bank of New York is the indenture trustee, v The obligation...
Views: 0
delivered the opinion of the Court. This is a case brought under § 9 (a) of the Trading with the Enemy Act, 40 Stat. 411, as amended, 50 U. S. C. App. § 1 et seq.,1 to recover property vested by the Alien Property Custodian. The District Court granted the Government’s motion to dismiss, holding that plaintiff, *310while not “resident within” Germany within the meaning of § 2 of the Act, , and thus...
Views: 1
delivered the opinion of the Court.
This suit against New Wrinkle, Inc., and The Kay & Ess Co. was instituted in the United States District Court for the Southern District of Ohio by the United States, as a civil proceeding under § 4 óf the Sherman Act.
1
Defendants are charged with having violated § 1 of that law
2
by conspiring to fix uniform minimum prices and to e...
Views: 8
ante, p. 820. Motion for leave to file a second petition for rehearing denied....
Views: 0
The judgments are affirmed. City of New York v. Saper, 336 U. S. 328....
Views: 5
Appeal from the United States District Court for the Territory of Hawaii. Dismissed on motion of counsel for the appellant....
Views: 2
C. A. 2d Cir. Certiorari granted....
Views: 3
Page 360
The appeal is dismissed for the want of a substantial federal question. Kovacs v. Cooper, 336 U. S. 77. Mr. Justice Douglas dissents....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied. Mr. Justice Clark took no part in the consideration or decision of this application....
Views: 19
C. A. 2d Cir. Certiorari denied....
Views: 0
United States Court of Appeals for the District of Columbia Circuit. Certiorari denied. Mr. Justice Clark took no part in the consideration or decision of this application....
Views: 14
*926C. A. 2d Cir. Certiorari denied. Mr. Justice Jackson took no part in the consideration or decision of this application. Frank G. Raichle, Edward C. Rajtery and John F. Caskey for respondents. Solicitor General PerB man filed a memorandum for the United States, as amicus curiae, in support of the petitioner....
Views: 8
Page 363
The .judgment is affirmed by an equally divided Court. Mr. Justice Clark took no part in the consideration or decision of this case....
Views: 12
C. A. 1st Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 5
Page 365
United States Court of Appeals for the District of Columbia Circuit. Certiorari denied. Mr. Justice Clark took no part in the consideration or decision of this application....
Views: 0
C. A. 2d Cir. Certiorari granted....
Views: 0
Appellate Court of Illinois, First District, and Supreme Court of Illinois. Certiorari denied....
Views: 2
Appellate Court of Illinois, First District. Certiorari denied. Mr. Justice Clark took no part in the consideration or decision of this application....
Views: 0
Supreme Court of Indiana. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 3
C. A. 2d Cir. Certiorari denied....
Views: 7
C. A. 9th Cir. Certiorari denied....
Views: 1
*919C. A. 3d Cir. Certiorari denied....
Views: 0
Page 368
The motion to dismiss is granted and the appeal is dismissed for the want of a substantial féderal question. Mr. Justice Black is of the opinion , that probable jurisdiction should be noted....
Views: 6
Page 374
ante, p. 350. The mandate is ordered to issue forthwith on motion of appellants, appellees not objecting....
Views: 0
Page 374
Supreme Court of New Mexico. Certiorari denied. Motion to tax certain printing costs against respondent also denied....
Views: 0
ante, p. 905. Rehearing denied; Mr. Justice Jackson took no part in -the consideration or decision of this application....
Views: 1
Page 375
ante, p. 900. Petition for rehearing denied. Motion to modify and supplement the order of January. 2, 1952, also denied....
Views: 3
C. A. 4th Cir. Certiorari denied....
Views: 1
ante, p. 187; ante, p. 905; ante, p. 905; ante, p. 909; and County Trustee op Shelby County, et al., ante, p. 900. Petitions for rehearing denied....
Views: 0
*931United States Court of Appeals for the District of Columbia Circuit. Certiorari granted....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 0
Petition for writ of certiorari to the United States Motor Carrier Claims Commission denied....
Views: 4
C. A. 3d Cir. Certiorari denied....
Views: 1
C. A. 8th Cir. Certiorari denied....
Views: 1
The motions to affirm, in No. 497, are granted and the judgment is affirmed....
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with whom Mr. Justice Black concurs, dissenting. I have not been able to accept the recent doctrine that a citizen who enters the public service can be forced to sacrifice his civil-rights.* I cannot for example find in our constitutional scheme the power of a state to place its employees in the category of second-class citizens by denying them freedom of thought and expression. The Constitution g...
Views: 0
delivered the opinion of the Court. This action for a declaratory judgment on a question of federal constitutional law was prosecuted in the state courts of New Jersey. It sought to declare invalid a statute of that State which provides for the reading, without comment, of five verses of the Old Testament at the Opening of each public-school day. N. J. Rev. Stat., 1937, 18:14-77. No issue was rais...
Views: 0
Page 398
delivered the opinion of the Court.
By reason of a divorce in an Illinois state court, with a judgment for monthly installments of alimony until remarriage, petitioner asserts that her divorced husband, the respondent Leib, is liable for unpaid installments of alimony. Asserting diversity jurisdiction, petitioner, a divorcee, filed suit in the United States District Court for the Southern District...
Views: 0
delivered the opinion of the Court.
Missouri has a statute, Mo. Rev. Stat., 1949, § 129.060, first enacted in 1897, which was designed to end the coercion of employees by employers in the exercise of the franchise. It provides that an employee may absent him*422self from his employment for four hours between the opening and closing of the polls without penalty, and that any employer who among othe...
Views: 1
Page 410
delivered the opinion of the Court.
Petitioner, a veteran employed as authorization officer in the Regional Office of the Veterans’ Administration in New Orleans, was removed from his position. He appealed under § 14 of the Veterans’ Preference Act of 1944 (5 U. S. C. (Sppp. IV) § 863) to the Tenth Regional Office of the United States Civil Service Commission in New Orleans. The Regional B...
Views: 9
delivered the opinion of the Court.
This case calls for an answer to the question whether the Due Process Clause of the Fourteenth Amendment to the Constitution of the United States precludes Ohio from subjecting a foreign corporation to the jurisdiction of its courts in this action in personam. The corporation has been carrying on in Ohio a continuous and systematic, but limited, part of its gene...
Views: 0
whom Mr. Justice Minton joins, concurring in the result. I part company with the Court as to the road we will' travel to reach a destination where all agree we will stop, at least for the night: But sometimes the path that we are beating out by our travel is more important to the future wayfarer than the place in which we choose to lodge. *399There are two possible routes to the agreed destination...
Views: 0
342 U.S. 389 (1952)
MEMPHIS STEAM LAUNDRY CLEANER, INC.
v.
STONE, CHAIRMAN, STATE TAX COMMISSION.
No. 253.
Supreme Court of United States.
Argued December 3, 1951.
Decided March 3, 1952.
APPEAL FROM THE SUPREME COURT OF MISSISSIPPI.
C. E. Clifton argued the cause for appellant. With him on the brief were W. H. Watkins, Sr., P. H. Eager, Jr. and Thomas H. Watkins.
J. H. Sumrall submitted on brief ...
Views: 16
delivered the opinion of the Court.
The question before us is whether a Mississippi tax laid upon the privilege of soliciting business for a laun*390dry not licensed in. that State infringes the Commerce Clause.1
Appellant operates a laundry and cleaning establishment in Memphis, Tennessee. In serving the area sur rounding Memphis, appellant sends ten of its trucks into eight Mississippi counties ...
Views: 9
Page 428
delivered the opinion of the Court. The Territorial Legislature of Alaska, provided for the licensing of commercial fishermen in territorial waters, imposing a $5 license fee on resident fishermen and a $50 fee on nonresidents. Alaska Laws, 1949, c. 66. The Alaska Fishermen’s Union and its Secretary-Treasurer, on behalf of some 3,200 nonresident union members, brought this action in the Distric...
Views: 20
Appellants, on behalf of themselves and other Negroes “similarly situated,” sued in the District Court to enjoin appellees from alleged violations of the Fourteenth Amendment in refusing to admit Negroes to the Univer *518 sity of Tennessee. A three-judge cohrt, convened at appellants’ request, held that this case was not within the jurisdiction of a three-judge court under 28 U. S. C. (Supp. I...
Views: 3
Page 433
delivered the opinion of the Court.
This action by dairy farmers, nonmembers of cooperative, associations, concerns 1941 amendments to an order, of the Secretary of Agriculture dealing with the marketing of milk in the Boston area. It was previously here as Stark v. Wickard, 321 U. S. 288 (1944), where it was held that the respondents had such an interest in the Order as to give them legal standin...
Views: 0
delivered the opinion of the Court. After a turbulent nine months of trial, eleven Communist Party leaders were convicted of violating the Smith Act.1 On receiving the verdict, the trial judge at once filed a certificate under Rule 42 (a), Fed. Rules Crim. Proc., finding petitioners guilty of criminal contempt and imposing various jail terms up to six months. Those sentenced were defense counsel, ...
Views: 0
342 U.S. 570 (1952)
FAR EAST CONFERENCE ET AL.
v.
UNITED STATES ET AL.
No. 15, Misc.
Supreme Court of United States.
Argued January 30, 1952.
Decided March 10, 1952.
CERTIORARI TO THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY.
*571 Elkan Turk argued the cause for the Far East Conference et al., petitioners. With him on the brief were John Milton and Seymour H. Kligler.
John W. D...
Views: 19
Page 497
delivered the opinion of the Court.
Petitioners, Thomas B. Lilly and Helen W. Lilly, his wife, were engaged in the optical business in North Carolina and Virginia in 1943 and 1944. Pursuant to agreements reflecting an established and widespread practice in that industry in those localities, they paid to the respective doctors, who prescribed the eyeglasses which they sold, one-third of the...
Views: 13
Page 502
delivered the opinion of the Court.
Appellants, American citizens, are taxicab drivers. They were arrested by the Sheriff of San Diego County, California, and charged with driving taxicabs in the unincorporated area of San Diego County without a permit from the Sheriff as required by § 9 of Ordinance 464, the pertinent provisions of which are set forth in the margin.* The facts were stipulated wit...
Views: 0
Page 509
delivered the opinion of the Court, Acting as his own lawyer, 1 the respondent Shirley Collins brought this habeas corpus case in a United States *520 District Court seeking release from á Michigan state prison where he is serving a life sentence for murder. His petition alleges that while he was living in Chicago, Michigan officers forcibly seized, handcuffed, blackjacked and took him to M...
Views: 31
342 U.S. 580 (1952)
HARISIADES
v.
SHAUGHNESSY, DISTRICT DIRECTOR OF IMMIGRATION AND NATURALIZATION.
No. 43.
Supreme Court of United States.
Argued December 5, 1951.
Decided March 10, 1952.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT.[*]*581 Richard F. Watt argued the cause for petitioner in No. 43. With him on the brief was Walter F. Dodd.
Jack Wasserman argued the cau...
Views: 20
Page 525
delivered the opinion of the Court.
These cases present a narrow question with several related issues. May the Attorney General, as the executive head of the Immigration and Naturalization Service,1 after taking into custody active alien Communists on warrants,2 charging either membership in a group that ad*527vocates the overthrow by force of this Government3 or inclusion in sny prohibited classe...
Views: 2
The petition for writ of certiorari is granted and the judgment is reversed. Dice v. Akron, C. & Y. R. Co., 342 U. S. 359.
Mr. Justice Éeed, Mr. Justice Frankfurter, Mr. Justice' Jackson, and Mr. Justice Burton concur, adhering to the views expressed in Dicev. Akron, C. & Y. R. Co., 342 U. S. 359,364....
Views: 3
Page 550
This case is set down for argument on the motion for leaye to file the complaint....
Views: 0
Page 551
*946The petition for writ of certiorari to the Supreme Court of Florida is denied-for the reason th^t the judgment of the court below is based upon a nonfederal ground adequate to support it. Mr. Justice. Black and Mr. Justice Douglas are1 of the opinion certiorari should be granted. J. W. Watson,- Jr. and John D. Marsh for respondent....
Views: 3
C. A. 9th Cir. Certiorari denied. Mr. Justice Black is of the opinion certiorari should be granted....
Views: 0
C. A. 8th Cir. Certiorari granted....
Views: 1
Page 552
Court of Appeals of Georgia and Supreme Court, of Georgia. Certiorari granted....
Views: 0
United States Court of Appeals for the District of Columbia Circuit. Certiorari granted. Mr. Justice Burton took no part in the consideration or decision of this application....
Views: 0
The motions to affirm are granted and the judgment is affirmed. Board of Trade v. United States, 314 U. S. 534....
Views: 0
C. A. 7th Cir. Certiorari granted. Counsel are requested to discuss on briefs and oral argument the question as to the timeliness of the application for the writ....
Views: 0
United States Court of Appeals for the District of Columbia Circuit. Certiorari denied....
Views: 0
United States Court of Appeals for the District of Columbia Circuit. Certiorari denied....
Views: 0
Page 553
Supreme . Court of California. Certiorari denied. Mr. Justice Black, is of the opinion certiorari should be granted....
Views: 0
*941C. A. 2d Cir. Certiorari denied. Clement C. Rinehart for respondent....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 1
Page 554
United States Court of Customs and Patent Appeals. Certiorari denied....
Views: 7
United States Court of Customs and Patent Appeals. Motion for leave to file brief of National Council of American Importers, Inc., as amicus curiae, denied. Certiorari denied....
Views: 0
Page 554
Supreme Court of Pennsylvania. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied. Mr. Justice Burton took no part in the consideration or decision of this application....
Views: 1
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Motion for leave to file brief of Seymour F. Simon et al., as amici curiae, denied. Certiorari denied....
Views: 0
Page 556
Court of Civil Appeals of Texas, Tenth Supreme Judicial District, Certiorari denied....
Views: 14
Page 556
United States Court of Appeals for the District of Columbia Circuit. Certiorari denied....
Views: 7
*943United States Court of Appeals for the District of Columbia Cir-. cuit. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
Page 557
United States Court of Appeals for the District of Columbia Circuit. Certiorari denied. Mr. Justice Clark took no' part in the consideration or decision of this application....
Views: 10
Supreme Court of Illinois. Certiorari denied....
Views: 0
Page 557
United States Court of Appeals for the District of Columbia Circuit. Certiorari denied....
Views: 0
Supreme Court of Ohio. Certiorari denied:'...
Views: 7
The motion to dismiss is granted and the appeal is dismissed for the want of a substantial federal question. The Chief Justice, Mr. Justice Jackson, and Mr. Justice Burton are of the opinion .that probable jurisdiction should be noted....
Views: 6
C. A. 8th Cir. Certiorari denied....
Views: 0
*944C. A. 8th Cir. Certiorari denied.
Leland W. Scott for Zelle; Henry S. Mitchell for the Canadian Pacific R. Co.; Thomas P. Helmey for the Empire Trust Co.; James L. Hetland for the Minneapolis, St. Paul & Sault Ste. Marie R. Co.; Josiah E. Brill for the Mortgage Bondholders Protective Committee; and Abraham K. Weber for the Wisconsin Central R. Co., respondents....
Views: 2
C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 6
C. A. 9th Cir. Certiorari denied....
Views: 0
Page 559
The motion to dismiss is granted and the appeal is dismissed for the want of. a substantial federal' question. Mr. Justice Black and Mr. Justice Douglas are of the opinion that probable jurisdiction should be noted....
Views: 0
The motions to affirm are granted and the judgment is affirmed. Me. Justice Black, Mr. Justice Reed,' and Mr. Justice' Douglas are of the opinion that probable jurisdiction should be noted and the case set down for argument....
Views: 0
The motion to dismiss is granted and the appeal is dismissed for the want of a substantial federal question....
Views: 2
United Statfes Court of Appeals for the District of Columbia Circuit. Certiorari denied....
Views: 1
C. A. 6th Cir. Certiorari denied....
Views: 1
Page 561
The motion to dismiss is granted and the appeal is dismissed for the want of a substantial federal question....
Views: 0
Page 561
The appeal is dismissed for the want of a substantial federal question....
Views: 0
The appeal is dismissed for the want of a substantial federal question....
Views: 3
Page 562
The motion to affirm is granted and the judgment is affirmed. Mr. Justice Black, Mr. Justice Jackson, and Mr. Justice. Burton are of the opinion that probable jurisdiction should be 'noted and the case set down for argument....
Views: 2
Page 562
The appeal is dismissed for the want of a substantial federal question....
Views: 6
The motion to dismiss is granted and the appeal is dismissed for the want of a substantial federal question....
Views: 0
The appeal is dismissed for the want of a substantial federal question....
Views: 2
C. A. 6th Cir. Certiorari denied....
Views: 4
The motion to affirm is granted and the judgment is affirmed....
Views: 2
The motion to affirm is granted and the judgment is affirmed....
Views: 0
Page 568
343 U.S. 148 (1952)
UNITED STATES
v.
HOOD ET AL.
No. 426.
Supreme Court of United States.
Argued March 4, 1952.
Decided March 31, 1952.
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI.
Philip Elman argued the cause for the United States. Solicitor General Perlman, Assistant Attorney General *149 McInerney and Beatrice Rosenberg filed a brief for the United St...
Views: 17
343 U.S. 130 (1952)
RUTKIN
v.
UNITED STATES.
No. 195.
Supreme Court of United States.
Argued December 3, 1951.
Decided March 24, 1952.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT.
Jack L. Cohen argued the cause for petitioner. With him on the brief was Edward Halle.
*131 Irving I. Axelrad argued the cause for the United States. With him on the brief were Solicitor Gener...
Views: 12
343 U.S. 907
72 S.Ct. 580
96 L.Ed. 1325
William Walter REMINGTON, Petitioner,v.UNITED STATES of America.
No. 387.
Supreme Court of the United States
March 24, 1952
Messrs. William C. Chanler and Joseph L. Rauh, Jr., for petitioner.
Solicitor General Perlman, Assistant Attorney General McInerney, Robert L. Stern and Beatrice Rosenberg, for the United States....
Views: 13
delivered the opinion of the Court.
In 1941, petitioner was appointed a civilian fire chief at Camp Wheeler, Georgia, by a local army commander acting under authority delegated by the Secretary of War. In 1948, petitioner brought this action in the District Court to recover overtime compensation allegedly due for his services as fire chief. Jurisdiction to enter judgment against the United...
Views: 16
delivered the opinion of the Court. The question here is whether, for federal income tax purposes, an individual taxpayer was entitled to deduct, from his gross income, an attorney’s fee paid for contesting the amount of his federal gift tax. For the reasons hereafter stated we hold that he was not. In 1940, Joseph T. Lykes, petitioner herein, gave to his wife and to each of his three children, re...
Views: 1
dissenting. The only thing certain about § 20 (c) of the Immigration Act of 1917, as amended, is that violation of its terms is a felony punishable by ten years’ imprisonment. An alien ordered deported by the Bureau of Immigration is subject to this ten-year penalty if he “willfully fail or refuse to make timely application in good faith for travel or other documents necessary to his departure.” T...
Views: 0
Page 598
343 U.S. 154
72 S.Ct. 598
96 L.Ed. 852
RAYv.BLAIR.
No. 649.
Argued March 31, 1952.
Decided April 3, 1952.
Subsequent Opinion April 15, 1952.
See 343 U.S. 214, 72 S.Ct. 654.
Messrs. Marx Leva, Washington, D.C., Harold M. Cook, Birmingham, Ala., for petitioner.
Mr. Horace C. Wilkinson, Birmingham, Ala., for respondent.
PER CURIAM.
...
Views: 3
Page 599
delivered the opinion of the Court.
Petitioner has been convicted of first degree murder and sentenced to death. He asks this Court to reverse his conviction as wanting in that due process of law guaranteed against state encroachment by the Fourteenth Amendment. Petitioner claims (1) that his conviction was based in part on a coerced confession; (2) that a fair trial was impossible because of infl...
Views: 2
343 U.S. 156 (1952)
KAUFMAN ET AL.
v.
SOCIETE INTERNATIONALE POUR PARTICIPATIONS INDUSTRIELLES ET COMMERCIALES, S. A., ET AL.
No. 172.
Supreme Court of United States.
Argued January 2, 1952.
Decided April 7, 1952.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT.
Irving Moskovitz argued the cause for petitioners. With him on the brief were William Radner, Henr...
Views: 6
delivered the opinion of the Court.
Petitioner sued in the District Court for the District of Columbia for the return of certain of its property vested by the Alien Property Custodian in 1942 under the Trading with the Enemy Act of 1917, 40 Stat. 411, as amended by the First War Powers Act, 1941, 55 Stat. 839. The District Court found for the Custodian, 82 F. Supp. 602, and the Court of Ap...
Views: 5
The judgment is affirmed' by an equally divided Court. Mr. Justice Clark took no part in the consideration or decision of these cases....
Views: 8
Court of Claims. Certiorari denied....
Views: 8
The judgment is affirmed. Adler v.' Board of Education, 342 U. S. 485, decided March 3, 1952. Mr. Justice Black, Mr. Justice Frankfurter, and Mr. Justice Douglas dissent for the reasons stated in their respective dissenting opinions in Adler v. Board of Education, supra, at pp. 496, 497, 508....
Views: 1
Page 624
ante, p. 887; and ante, p. 933. Petitions for rehearing denied....
Views: 3
C. A. 8th Cir. Certiorari denied....
Views: 0
Page 625
C. A. 9th Cir. Certi*953orari granted. Edmund G. Brown, Attorney General of California, Clarence A. Linn, Assistant Attorney General, and Doris H. Maier, Deputy Attorney General, for petitioners. Respondent pro se....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 2
C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 1st Cir. Certiorari denied....
Views: 1
The motion to affirm is granted and the judgment is affirmed. Interstate Commerce Commission v. Mechling, 330 U. S. 567....
Views: 2
C. A. 9th Cir. Certiorari denied. Mr. Justice Black and Mr. Justice Douglas are of the opinion certiorari should be granted. Mr. Justice Clark took no part in the consideration or decision of this application....
Views: 7
Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit dismissed on motion of counsel for petitioner....
Views: 1
342 U. S. 930. Motion of certain parties to join in the petition for rehearing denied. Petition for rehearing denied....
Views: 0
Court of Claims. Certiorari denied....
Views: 0
*903C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 2d Cir. Certiorari denied....
Views: 1
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 2
The appeal is dismissed for the want of a substantial federal question....
Views: 2
C. A. 5th Cir. Certiorari denied....
Views: 0
Page 637
The application for a stay is granted and it is ordered that the judgments and mandates of the Circuit Court and Supreme Court of Alabama be, and they are hereby, stayed pending further consideration and disposition of the case by this Court. The petition for writ of certiorari to the Supreme Court of Alabama is granted and the case is assigned for argument on Monday, March 31, next, at the head o...
Views: 0
Supreme Court of Colorado. Certiorari denied....
Views: 9
C. A. 3d Cir. Certiorari granted....
Views: 3
Motion for leave to file petition for writ of prohibition and/or mandamus denied. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit also denied....
Views: 0
Page 645
The motion of respondent to vacate or modify the stay order of March 24, 1952, ante, p. 901, is denied. Mr. Justice Black took no part in the consideration or decision of this motion....
Views: 4
Court of Claims. Certiorari granted....
Views: 4
Page 646
The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the Court of Appeals for further consideration in the light of Beck v. West Coast Life Ins. Co., decided by the Supreme Court of California on March 21, 1952, 38 Cal. 2d 643, 241 P. 2d 544....
Views: 6
Page 647
Motion for judgment and costs denied. Petition for writ of certiorari to the Supreme Court of Illinois also denied....
Views: 0
C. A. 10th Cir. Certiorari denied....
Views: 0
*914C. A. 4th Cir. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari denied....
Views: 5
Supreme Court of Missouri. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 7
Page 648
The motion to dismiss is granted and the appeal is dismissed. See MacDougall v. Green, 335 U. S. 281 (1948); Colegrove v. Green, 328 U. S. 549 (1946); Wood v. Broom, 287 U. S. 1 (1932). Mr. Justice Black and Mr. Justice Douglas dissent....
Views: 7
Petition denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 2
C. A. 3d Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 0
Application for bail denied....
Views: 0
Page 654
delivered the opinion of the Court. The Supreme Court of Alabama upheld a peremptory writ of mandamus requiring the petitioner, the chairman of that state’s Executive Committee of the Democratic Party, to certify respondent Edmund Blair, a member of that party, to the Secretary of State of Alabama as a candidate for Presidential Elector in the Democratic Primary to be held May 6,1952. Respondent B...
Views: 0
343 U.S. 924
72 S.Ct. 665
96 L.Ed. 1335
ON LEEv.UNITED STATES of America.
No. 543.
Supreme Court of the United States
April 21, 1952
Memorandum of Mr. Justice FRANKFURTER.
1
The rule governing the filing of amici briefs clearly implies that such briefs should be allowed to come before the Court not merely on the Court's exercise of judgment ...
Views: 4
The Court is of the opinion that the issues raised by this appeal are substantially the same as those decided in Standard Oil Co. v. United States, 337 U. S. 293 (1949). Accordingly, the judgment of the District Court is affirmed. The Chief Justice, Mr. Justice Douglas, Mr. Justice Jackson, and Mr. Justice Burton, while adhering to their views expressed in Standard Oil Co. v. United States, supra,...
Views: 2
delivered the opinion of the Court.
Respondents are cargo owners1 who shipped goods on the steamship Nathaniel Bacon owned by petitioner, the United States, and operated as a common carrier of goods for hire. It collided with the Esso Belgium and respondents’ cargo was damaged. The ships were also damaged. This litigation was brought in the District Court to determine liability for the damages suf...
Views: 0
Judgment reversed. Hoffman v. United States, 341 U. S. 479. Mr. Justice Reed and Mr. Justice Burton dissent. Mr. Justice Frankfurter took no part in the consideration or decision of this case....
Views: 8
Judgment reversed. Blau v. United States, 340 U. S. 159. Mr. Justice Reed and Mr. Justice Douglas dissent. Mr. Justice Frankfurter took no part in the consideration or decision of this case....
Views: 15
Page 675
342 U. S. 402; 342 U. S. 421; 342 U. S. 396; 342 U. S. 943; 342 U. S. 943; 342 U. S. 936; 342 U. S. 944; 342 U. S. 936; 342 U. S. 946; and 342 U. S. 949. Petitions for rehearing denied....
Views: 1
C. A. 10th Cir. Certiorari denied....
Views: 0
Page 676
*920United States Court of Appeals for the District of Columbia Circuit. Certiorari denied....
Views: 3
C. A. 5th Cir. Certiorari denied....
Views: 1
Supreme Court of Alabama. Certiorari denied....
Views: 3
Supreme Court of Illinois. Certio-rari denied. Mr. Justice Clark took no part in the consideration or decision of this application....
Views: 8
Page 677
Supreme Court of Michigan. Certiorari denied....
Views: 0
Supreme Judicial Court of Massachusetts. The motion for leave to file brief of Dayton P. Haigney and associates as amici curiae or to obtain consideration of a brief as Co-Parties Petitioner is denied. Certiorari denied.
Reported below: No. 567, 328 Mass. 63, 102 N. E. 2d 67....
Views: 0
C. A. 10th Cir. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
Views: 0
C. A. 10th Cir. Certiorari denied....
Views: 0
Page 679
dissenting. By way of emphasizing my agreement with Mr. Justice Jackson's dissent, I add a few words. The Court tells us that in the maintenance of its public schools, “[The State government] can close its doors or suspend its operations” so that its citizens may be free for religious devotions or instruction. If that were the issue, it would not rise to the dignity of a constitutional controversy...
Views: 2
delivered the opinion of the Court. This is a direct appeal by the United States 1 from dismissal by the District Court 2 of its complaint seeking an injunction to prevent and restrain violations of §§ 1 and 2 of the Sherman Act. 26 Stat. 209, as amended, 15 U. S. C. §§ 1, 2. 3 Appellees are the Oregon State Medical Society, eight county medical societies, Oregon Physicians’ Service (an...
Views: 50
Page 699
delivered the opinion of the Court.
The principal question here is whether a United States Court of the Allied High Commission for Germany had jurisdiction, in 1950, to try a civilian citizen of the United States, who was the dependent wife of a member of the United States Armed Forces, on a charge of murdering her husband in violation of § 211 of the German Criminal *343Code. The homicide occurre...
Views: 0
delivered the opinion of the Court.
On July 28, 1947, the appellant, Swift and Company, filed a complaint, later amended, before the Interstate Commerce Commission against the Atchison, Topeka and Santa Fe and other railroads, alleging that the charges on direct carload shipments of livestock1 from points outside Illinois to its proposed new plant in the Chicago Packingtown area are (1) unreasonab...
Views: 0
343 U.S. 250 (1952)
BEAUHARNAIS
v.
ILLINOIS.
No. 118.
Supreme Court of United States.
Argued November 28, 1951.
Decided April 28, 1952.
CERTIORARI TO THE SUPREME COURT OF ILLINOIS.
*251 Alfred A. Albert argued the cause for petitioner. With him on the brief was Herbert Monte Levy.
William C. Wines, Assistant Attorney General of Illinois, argued the cause for respondent. With him on the brief were...
Views: 15
342 U. S. 850. Motion for leave to file petition for rehearing denied....
Views: 3
Page 756
Judgment affirmed by an equally divided Court. Mr. Justice Clark took no part in the consideration or decision of this case....
Views: 0
This case is restored to the docket for reargument....
Views: 3
C. A. 8th Cir. Certiorari denied. Mr. Justice Black is of the opinion that the petitions should be granted. Mr. Justice Frankfurter will file a memorandum with the Clerk. [See post, p. 982.] Reported below: 191 F. 2d 265,...
Views: 0
Page 758
Supreme Court of Arkansas. Certiorari denied....
Views: 0
Court of Claims. Certiorari denied....
Views: 1
Supreme Court of Oregon. Certiorari denied....
Views: 1
Court of Claims. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied. Mr. Justice Douglas and Mr. Justice Jackson are of the opinion certiorari should be granted....
Views: 7
Supreme Court of Illinois. Certiorari denied....
Views: 6
United States Court of Appeals for the District of Columbia Circuit. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied. Mr. Justice Black and Mr. Justice Douglas are of the opinion certiorari should be granted. The Chief Justice took no part in the consideration or decision of this application....
Views: 0
Page 761
Supreme Court of New Jersey. Certiorari denied....
Views: 0
C. A. 4th Cir. Certiorari denied....
Views: 2
C. A. 2d Cir. Certiorari denied....
Views: 1
C. A. 3d Cir. Certiorari granted. The Chief Justice took no part in the consideration or decision of this application....
Views: 0
Supreme Court of Pennsylvania. Certiorari denied....
Views: 0
Page 762
Court of Appeals of New York. Certiorari denied....
Views: 0
C. A. 7th Cir. Certiorari granted. The Chief Justice took no part in the consideration or decision of this application....
Views: 0
The motion to affirm is granted and the judgment is affirmed....
Views: 0
Page 765
C. A. 9th Cir. Certiorari denied. Motion for leave to file petition for writ of habeas corpus also denied....
Views: 5
Page 765
United States Court of Appeals for the District of Columbia Circuit. Certiorari denied....
Views: 5
342 U. S. 580. Petitions for rehearing denied. Mr. Justice Clark took no part in the consideration or decision of these applications....
Views: 7
C. A. 1st Cir. Certiorari denied....
Views: 0
C. A. 5th Cir. Certiorari denied....
Views: 23
Page 771
The appeal is dismissed for the want of a substantial federal question....
Views: 0
Page 771
C. A. 5th Cir. Certiorari denied....
Views: 0
C. A. 6th Cir. Certiorari denied....
Views: 6
343 U.S. 937
72 S.Ct. 775
96 L.Ed. 1344
The YOUNGSTOWN SHEET AND TUBE COMPANY et al., petitioners,v.Charles SAWYER. Charles SAWYER, Secretary of Commerce, petitioner, v. YOUNGSTOWN SHEET AND TUBE COMPANY et al.
Nos. 744, 745.
Supreme Court of the United States
May 3, 1952
Messrs. John C. Gall and John J. Wilson, for Youngstown Sheet & Tube Co. et al.
...
Views: 13
delivered the opinion of the Court. The issue here is the constitutionality, under the First and Fourteenth Amendments, of a New York statute which permits the banning of motion picture films on the ground that they are “sacrilegious.” That statute makes it unlawful “to exhibit, or to sell, lease or lend for exhibition at any place of amusement for pay or in connection with any business in the sta...
Views: 3
delivered the opinion of the Court.
In this case we granted cross-petitions for certiorari to review the decree of the Court of Appeals affirming, but refusing to enforce, a cease and desist order issued by the Federal Trade Commission to the Ruberoid Co.
Ruberoid is one of the nation’s largest manufacturers of asphalt and asbestos roofing materials and allied products. The Commission found that R...
Views: 0
343 U.S. 451 (1952)
PUBLIC UTILITIES COMMISSION OF THE DISTRICT OF COLUMBIA ET AL.
v.
POLLAK ET AL.
No. 224.
Supreme Court of United States.
Argued March 3, 1952.
Decided May 26, 1952.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT.[*]*453 W. Theodore Pierson argued the cause for petitioners in No. 224 and respondents in No. 295. On the brief were Vernon E. ...
Views: 21
343 U.S. 395 (1952)
NATIONAL LABOR RELATIONS BOARD
v.
AMERICAN NATIONAL INSURANCE CO.
No. 126.
Supreme Court of United States.
Argued March 4, 1952.
Decided May 26, 1952.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT.
*396 Mozart G. Ratner argued the cause for petitioner. With him on the brief were Solicitor General Perlman, George J. Bott, David P. Findling and Marcel Ma...
Views: 14
Page 834
delivered the opinion of the Court. Petitioner was convicted of voluntary manslaughter for the fatal shooting of an eighteen-year-old woman in an altercation growing out of a business transaction. A second woman was wounded in the affray. At his trial, petitioner claimed that he killed the deceased in self-defense. The jury obviously did not believe him or it would not have found him guilty of vol...
Views: 0
delivered the opinion of the Court. The United States brought this civil action under § 4 of the Sherman Act charging appellants and others with conspiring to restrain and monopolize interstate commerce in concrete block-making machinery in violation of §§ 1 and 2 of the Act, and charging appellants with monopolizing and attempting to monopolize the same industry in violation of § 2 of the Act....
Views: 6
These two appeals challenge the constitutionality of Okla. Stat., 1941 (Cum. Supp. 1949), Tit. 52, §§ 286.1-286.17, providing for unitized management of common sources of supply of oil and gas in Oklahoma. This statute was repealed by the Oklahoma Legislature on May 26, 1951, Okla. Laws 1951, c. 3a, § 16, p. 142, and we ordered the causes continued in order to determine the effect of this repea...
Views: 5
343 U.S. 414 (1952)
PENNSYLVANIA WATER & POWER CO. ET AL.
v.
FEDERAL POWER COMMISSION ET AL.
No. 428.
Supreme Court of United States.
Argued April 3-4, 1952.
Decided May 26, 1952.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT.[*]*415 Wilkie Bushby argued the cause for the Pennsylvania Water & Power Co. et al., petitioners in No. 428. With him on the...
Views: 5
343 U.S. 427 (1952)
JOHANSEN
v.
UNITED STATES.
No. 401.
Supreme Court of United States.
Argued March 4, 1952.
Decided May 26, 1952.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT.[*]*428 Louis R. Harolds argued the cause for petitioner in No. 401. With him on the brief was William L. Standard.
Abraham E. Freedman argued the cause and filed a brief for petitioner in No. 41...
Views: 8
Petition for writ of certiorari to the Court of Appeals for the Ninth Circuit granted. Motion of respondent for leave to proceed in forma pauperis also granted....
Views: 0
Page 859
On November 5,1951, we ordered this cause “continued for such period as will enable counsel for petitioner to secure a determination from the Supreme Court of California as to whether the judgment herein was intended to rest on an adequate independent state ground or whether decision of the federal claim was necessary to the judgment rendered.” 342 U. S. 33, 34 (1951). We have not yet been advi...
Views: 3
delivered the opinion of the Court.
We are asked to decide whether the President was acting within his constitutional power when he issued an order directing the Secretary of Commerce to take possession of and operate most of the Nation’s steel mills. The mill owners argue that the President’s order amounts to lawmaking, a legislative function which the Constitution has expressly confided to the C...
Views: 2
343 U.S. 717 (1952)
KAWAKITA
v.
UNITED STATES.
No. 570.
Supreme Court of United States.
Argued April 2-3, 1952.
Decided June 2, 1952.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT.
*719 Morris Lavine and A. L. Wirin argued the cause for petitioner. With them on the brief was Fred Okrand.
Oscar H. Davis argued the cause for the United States. With him on the brief were Sol...
Views: 14
delivered the opinion of the Court. Petitioner was convicted on a two-count indictment, one charging the substantive offense of selling a pound of opium in violation of 21 U. S. C. §§ 173 and 174, the other conspiring to sell the opium in violation of 18 U. S. C. § 371. The Court of Appeals sustained the conviction by a divided court.1 We granted certiorari.2 The questions raised by petitioner hav...
Views: 4
delivered the opinion of the Court.
The sole question before the Court in this case concerns the content of the term “through route” as used in the Interstate Commerce Act.
1
The question arises out of a controversy as to the shipment of grain to market from points in Kansas on the Central Branch of the Missouri Pacific Railroad. From Lenora, Kansas, a typical origin point, gr...
Views: 6
delivered the opinion of the Court.
This is a suit to enjoin enforcement of an order of the Interstate Commerce Commission establishing joint rates over through routes. In this case, unlike
Thompson
v.
United States,
343 U. S. 549 (decided this day), the through routes in question already exist since the carriers
*564
concerned have continuously provided ...
Views: 11
delivered the opinion of the Court. Petitioner is a musician and composer who between the years 1936 and 1939 composed a symphony. In 1945 Henry H. Reichhold, a philanthropist, established a music award offering $25,000, $5,000, and $2,500 for the three *712 best symphonic works written by native-born composers of this hemisphere. The terms of the offer provided that none of the compositions ...
Views: 5
343 U.S. 808 (1952)
CASEY ET AL.
v.
UNITED STATES.
No. 379.
Supreme Court of United States.
Submitted March 3, 1952.
Decided June 9, 1952.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT.
F. M. Reischling submitted on brief for petitioners.
Solicitor General Perlman, Assistant Attorney General McInerney, James L. Morrisson, Beatrice Rosenberg and Murry Lee Randall submitted...
Views: 4
Page 1002
343 U.S. 790 (1952)
LELAND
v.
OREGON.
No. 176.
Supreme Court of United States.
Argued January 29, 1952.
Decided June 9, 1952.
APPEAL FROM THE SUPREME COURT OF OREGON.
*791 Thomas H. Ryan argued the cause for appellant. With him on the brief was Harold L. Davidson.
J. Raymond Carskadon and Charles Eugene Raymond argued the cause for appellee. With them on the brief was George Neuner, Attorney Gene...
Views: 41
Page 1002
The judgment is reversed. See Joseph Burstyn, Inc. v. Wilson, 343 U. S. 495, and Winters v. New York, 333 U. S. 507....
Views: 2
delivered the opinion of the Court.
The question before us arises in an admiralty proceeding by a seaman against his employer to recover wages earned on a merchant vessel of United States registry. The question is whether the employer may set off against the seaman’s wages its expenditures for the medical care and hospitalization of another member of the crew necessitated by injuries infli...
Views: 10
Memorandum of in con- nection with the denial of the petitions for writs of certiorari. Reference to the opinion in Maryland v. Baltimore Radio Show, 338 U. S. 912, makes it unnecessary to indicate the reasons which preclude the Court from stating, however briefly, the grounds for denial of petitions for certiorari. Selective notations of dissent from such denials would not correctly re...
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delivered the opinion of the Court.
This case raises questions concerning the power of courts to protect Negro railroad employees from loss of their jobs under compulsion of a bargaining agreement which, to avoid a strike, the railroad made with an exclusively white man’s union. Respondent Simon Howard, a Frisco1 train employee for nearly forty years, *770brought this action on behalf of himself a...
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C. A. 5th Cir. Certiorari denied....
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Supreme Court of Illinois. Certiorari granted....
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C. A. 10th Cir. Certiorari denied. Petitioner by Alden Chas. Palmer, its President....
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C. A. 2d Cir. Certiorari denied....
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Court of Appeals of Kentucky. Certiorari denied....
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C. A. 8th Cir. Certiorari denied....
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The motion to dis*940miss is granted and the appeal is dismissed for the want of a substantial federal question. Leo Pfeffer for appellant. C. William O’Neill, Attorney General of Ohio, Joseph S. Gill, First Assistant Attorney General, John W. Hardwick, Assistant Attorney General, and Robert E. Leach, Chief Counsel, for appellee....
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The motion to dismiss is granted and the appeal is dismissed for the want of a substantial federal question. Butler Bros. v. McColgan, 315 U. S. 501....
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Page 1037
United States Court of Appeals for the District of Columbia Circuit. Certiorari denied....
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Circuit Court of Randolph County, Illinois. Certiorari denied....
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Page 1039
The motion of petitioner to vacate and remand is denied....
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Supreme Court of Washington. Certiorari denied....
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Page 1040
ante, p. 169. Rehearing denied. Mr. Justice Clark took no part in the consideration or decision of this application....
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342 U. S. 943. Second petition for rehearing denied....
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Page 1041
United States Court of Appeals for the District of Columbia Circuit. Certiorari denied. Mr. Justice Clark took no part in the consideration or decision of this application....
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The petition for writ of certiorari is granted and the judgment is reversed. Greenberg v. United States, 343 U. S. 918; Hoffman v. United States, 341 U. S. 479. The Chief Justice and Mr. Justice Reed dissent. Mr. Justice Douglas dissents from the action of the Court in reversing without oral argument....
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Court of Appeals of Ohio, Seventh Judicial District. Certiorari denied....
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The appeal is dismissed for the want of a substantial federal question. Mr. Justice Reed and Mr. Justice Douglas dissent....
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Page 1043
The motion of Jack Garrett Scott for leave to withdraw his appearance as counsel for the appellants is granted. The judgment is affirmed....
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Page 1046
Supreme Court of Missouri. Certiorari denied....
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Court of Claims. Certiorari denied....
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C. A. 6th Cir. Certiorari denied....
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C. A. 4th Cir. Certiorari denied....
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The motions for leave to file briefs of American Legion Post No. 88 and Everett S. Layman, as amici curiae, are denied....
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United States Court of Appeals for the District of Columbia Circuit. Certiorari denied. Reported below: 89 U. S. App. D. C. 273, 191 F. 2d 658....
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ante, p. 923. The motions for leave to file briefs of Contract Carrier Conference, American Trucking Associations, Inc.; and Complete Auto Transport et al., as amici curiae, are denied. Rehearing also denied....
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Court of Claims. Certiorari granted....
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*955Court of Claims. Certiorari denied....
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Page 1051
Supreme Court of Illinois, and Superior Court of Cook County, Illinois. Certiorari denied....
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C. A. 7th Cir. Certio*957rari denied. Harlan L. Hackbert for petitioner. Joseph D. Ryan and Louis P. Miller for respondent....
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C. A. 7th Cir. Certiorari denied....
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C. A. 2d Cir. Certiorari denied....
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C. A. 2d Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 9th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 3
The motion to dismiss is granted and the appeal is dismissed for the want of a substantial federal question....
Views: 0
C. A. 9th Cir. Certiorari denied....
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C. A. 1st Cir. Certiorari granted....
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Page 1056
C. A. 4th Cir. Certiorari denied.
Reported below: 194 F. 2d 89....
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United States Court of Appeals for the District of Columbia Circuit. Certiorari denied....
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C. A. 5th Cir. Certiorari denied....
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The motion to dismiss is granted and the appeal is dismissed for the want of a substantial federal question....
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*963Court of Claims. Certiorari denied....
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*964United States Court of Appeals for the District of Columbia Circuit. Certiorari denied....
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C. A. 3d Cir. Certiorari denied....
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United States Emergency-Court of Appeals. Certiorari denied....
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Page 1058
United States Court of Appeals for the District of Columbia Circuit. Certiorari denied....
Views: 0
C. A. 8th Cir. Certiorari denied....
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United States Court of Appeals for the District of Columbia Circuit. Motion to substitute the United States as party respondent granted. Certi-orari denied....
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C. A. 7th Cir. Certiorari denied. Mr. Justice Burton took no part in the consideration or decision of this application....
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Supreme Court of Arkansas. Certiorari granted....
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Page 1060
C. A. 6th Cir. Certiorari denied....
Views: 0
C. A. 3d Cir. Certiorari denied....
Views: 1
Page 1061
United States Court of Appeals for the District of Columbia Circuit. Certiorari denied....
Views: 3
C. A. 1st Cir. Certiorari granted, limited to the question presented by the application of § 101 (b) of Title 17 of the United States Code to this case....
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Page 1061
Supreme Court of Alabama. Certiorari granted....
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C. A. 2d Cir. Certiorari denied....
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The motion to dismiss is granted and the appeal is dismissed for the want of a substantial federal question pursuant to the stipulation of counsel to abide the judgment in No. 688, Hays Finance Co. v. Bailey, decided this day, supra....
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C. A. 10th Cir. Certiorari granted....
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Page 1067
C. A. 9th Cir. Certiorari denied....
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Page 1069
This case is ordered restored to the docket for reargument. In view of the opinion, concurring opinion, dissent, judgment and re-mittitur of the Court of Appeals of New York concerning the status of the Patriarchate in Russia, counsel are requested to include in their presentation a discussion of whether the judgment may be sustained on state grounds....
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Page 1069
342 U. S. 524. Petition for rehearing denied. The motion of petitioner Carlson to stay issuance of the mandate, insofar as applicable to him, pending his trial in United States v. Schneiderman et al., is granted to permit his attendance at his trial which is now in progress in the United States District Court for the Southern District of California. This stay will be automatically dissolved when C...
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Page 1070
342 U. S. 945. Motion for leave to file petition for rehearing denied....
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342 U. S. 818. Motion for leave to file a second petition for rehearing denied....
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Page 1070
The judgment of the Court of Appeals is vacated and the case is remanded to the District Court with directions to dismiss the petition for *971writ of habeas corpus upon the ground that the cause is moot. Doris H. Maier, Deputy Attorney General of California, argued the cause for petitioners. With her on the brief were Edmund G. Brown, Attorney General, and Clarence A. Linn, Assistant Attorney Gen...
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Page 1070
ante, p. 250; ante, p. 953; ante, p. 944; ante, p. 953; ante, p. 954; ante, p. 943; ante, p. 946; ante, p. 943; and ante, p. 951. Petitions for rehearing denied....
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Page 1071
United States Court of Appeals for the District of Columbia Circuit. Certiorari granted....
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Page 1071
*976Court of Appeals of Kentucky. Certiorari denied....
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Page 1073
Court of Criminal Appeals of Texas. Certiorari granted....
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C. A. 2d Cir. Certiorari granted, limited to the issue raised as to the application of Rule 50 (b) of the Rules of Civil Procedure....
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C. A. 5th Cir. Certiorari denied....
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United States Court of Customs and Patent Appeals. Certiorari denied....
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*975C. A. 10th Cir. Certio-rari granted. Counsel are requested to discuss on briefs and oral argument the question whether a single judge had jurisdiction to hear and determine this case in view of 28 U. S. C. § 2281....
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The petition for writ of certiorari is granted. The orders of the District Court are vacated and the case is remanded to that court with directions to dismiss the complaint upon the ground that the cause is moot....
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C. A. 7th Cir. Certiorari denied. The Chief Justice took no part in the consideration or decision of this application....
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Page 1076
United States Court of Customs and Patent Appeals. Certiorari denied....
Views: 1
Page 1076
Supreme Court of Colorado. Certiorari denied....
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C. A. 9th Cir. Certiorari denied....
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*978C. A. 2d Cir. Certiorari denied....
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The motion to dismiss is granted and the appeal is dismissed for the want of a substantial federal question....
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Page 1077
The motion to affirm is granted and the judgment is affirmed....
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Page 1080
Court of Appeals of New York. Certiorari denied....
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United States Court of Appeals for the District of Columbia Circuit. Certiorari denied....
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The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the Circuit Court of Winnebago County for further consideration in the light of the response filed by the Attorney General of Illinois to the application for the writ....
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