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All Reporters → s-ct → Volume 82 Opinions in s-ct Volume 82The appeal is dismissed for want of a substantial federal question. Upon plenary consideration, we are satisfied that, both on their face and as applied to appellant, Kan. Gen. Stat., 1949, § 7-104, and amended Kan. Sup. Ct. Rules 41 and 54 promulgated by the Supreme Court of Kansas, acting within its competence under state law, are not beyond the allowable range of *26state action under the Fourt... Views: 0 The petition for a writ of certiorari is granted. The judgment below is vacated, and the case is remanded to the Court of Appeals with instructions to direct the District Court to proceed with the trial of the issues in this action unless within a reasonable time, no later than January 2, 1962, the State of Alabama shall have accorded to petitioner an opportunity to be heard on its motion to diss... Views: 0 delivered the opinion of the Court. Petitioner, a longshoreman, brought this libel in personam against the United States pursuant to the Suits in Admiralty Act, § 2, 41 Stat. 525, 46 U. S. C. § 742.1 Claiming injuries suffered while aboard a government ship removing grain to an elevator, petitioner sought recovery *21on the grounds of unseaworthiness and negligence. The District Court dismissed th... Views: 2
368 U.S. 2 (1961)
SPENCER, ADMINISTRATRIX, ET AL.
v.
HIBERNIA BANK ET AL.
No. 176.
Supreme Court of United States.
Decided October 9, 1961.
APPEAL FROM THE DISTRICT COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT.
M. Mitchell Bourquin and George Olshausen for appellants.
Moses Lasky and James Farraher for appellees.
PER CURIAM.
The motion to dismiss is granted and the appeal is dismissed.... Views: 0 Page 15 The motion to dismiss is granted and the appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.... Views: 0 Page 15
368 U.S. 3 (1961)
SECURITY-FIRST NATIONAL BANK OF LOS ANGELES ET AL.
v.
FRANCHISE TAX BOARD OF CALIFORNIA.
No. 122.
Supreme Court of United States.
Decided October 9, 1961.
APPEAL FROM THE SUPREME COURT OF CALIFORNIA.
Pierce Works, Warren M. Christopher, Hugo A. Steinmeyer, Richard E. Sherwood and Brenton L. Metzler for appellants.
Stanley Mosk, Attorney General of California, James E. Sabine, As... Views: 0 The motion of W. W. Hughes for leave to file brief, as amicus curiae, is denied. The motions to affirm are granted and the judgment is affirmed.... Views: 0 Page 16 The motion to dismiss is granted and the appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.... Views: 0 The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question. ... Views: 0 The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question.... Views: 0
368 U.S. 6 (1961)
DILLNER TRANSFER CO. ET AL.
v.
UNITED STATES ET AL.
No. 188.
Supreme Court of United States.
Decided October 9, 1961.
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA.
Ernie Adamson for appellants.
Solicitor General Cox, Assistant Attorney General Loevinger, Richard A. Solomon, Robert W. Ginnane and Fritz R. Kahn for the United States et al.
... Views: 0 The petition for writ of certiorari is granted and the judgment is reversed. San Diego Building Trades Council v. Garmon, 359 U. S. 236. ... Views: 0 The appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. ... Views: 0 The motion to dismiss is granted and the appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. ... Views: 0 Page 18 The appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.... Views: 0 On petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit. August 7, 1961. Dismissed pursuant to Rule 60 of the Rules of this Court.... Views: 0 The appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.... Views: 0 The appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.... Views: 0 Certiorari, 364 U. S. 931, to the United States Court of Appeals for the Tenth Circuit. The motion of the American Federation of Labor et al. for leave to file brief, as amici curiae, is granted.... Views: 0 Certiorari, 366 U. S. 959, to the United States Court of Appeals for the District of Columbia Circuit. The motion of petitioner to dispense with printing the record is granted. The motion of Thurman Arnold for leave to withdraw his appearance as counsel for petitioner is granted. Mr. Justice Brennan took no part in the consideration or decision of these motions.... Views: 0 Page 28 Appeal from the United States District Court for the Middle District of Tennessee. (Probable jurisdiction noted, 364 U. S. 898.) The motions of J. Howard Edmondson, Governor of Oklahoma, and August Scholle for leave to file briefs, as amici curiae, are granted. The motion of J. P. Harris et al. for leave to file brief, as amici curiae, is denied.... Views: 0 Certiorari, 366 U. S. 959, to the United States Court of Appeals for the District of Columbia Circuit. The motions of petitioner to dispense with printing the record and for leave to proceed further herein in forma pauperis are granted.... Views: 0 Certiorari, 366 U. S. 960, to the United States Court of Appeals for the District of Columbia Circuit. The motion of petitioner to dispense with printing the record is granted.... Views: 0 Certiorari, 365 U. S. 840, to the Supreme Court of Louisiana. The motion of the Committee on the Bill of Rights of the Association of the Bar of the City of New York for leave to file brief, as amicus curiae, is granted. Reported below:-La.-,-So. 2d-.... Views: 0 Appeal from the United States Court of Appeals for the Fifth Circuit. (Question of jurisdiction postponed to hearing on the merits, 366 U. S. 916.) The motion of the City of Mobile for leave to participate in oral argument is granted.... Views: 0 C. A. 5th Cir. Cer-tiorari granted.... Views: 0 Certiorari, 365 U. S. 877, to the Supreme Court of Appeals of West Virginia. The motion of the Brotherhood of Railroad Trainmen for leave to file brief, as amicus curiae, is granted.... Views: 0 Certiorari, 366 U. S. 957, to the United States Court of Appeals for the Third Circuit. The motion of petitioners to substitute Orville L. Freeman in the place of Ezra Taft Benson as a party respondent is granted.... Views: 0 Certiorari, 365 U. S. 840, to the United States Court of Appeals for the Fifth Circuit; and Certiorari, 365 U. S. 840, to the United States Court of Appeals for the Second Circuit. Oral argument postponed. Reported below: 274 F. 2d 206; 287 F. 2d 219.... Views: 0 C. A. 2d Cir. Certiorari denied.... Views: 0 C. A. 5th Cir. Certio-rari granted.... Views: 0 Appeal from the United States District Court for the Western District of Tennessee. Further consideration of the question of jurisdiction postponed to the hearing of the case on the merits.... Views: 0 C. A. 6th Cir. Certiorari denied.... Views: 2 C. A. 2d Cir. Certiorari denied. Mr. Justice Douglas is of the opinion certiorari should be granted.... Views: 0 Appeals from the Supreme Court of Texas. Further consideration of the question of jurisdiction postponed to the hearing of the cases on the merits. Mr. Justice Clark took no part in the consideration or decision of these cases. Reported below: 161 Tex. 349, 341 S. W. 2d 161.... Views: 0 C. A. 3d Cir. Certiorari denied. Mr. Justice Douglas is of the opinion certiorari should be granted.... Views: 0 C. A. 6th Cir. Certiorari denied. Mr. Justice Black is of the opinion certiorari should be granted.... Views: 0 C. A. 5th Cir. Certiorari denied.... Views: 0 United States Court of Appeals for the District of Columbia Circuit. Certiorari denied.... Views: 0 Page 34 C. A. 7th Cir. Certiorari denied. Mr. Justice Douglas is of the opinion certiorari should be granted.... Views: 0 C. A. 2d Cir. Certiorari denied.... Views: 0 Supreme Court of California. Certiorari denied.... Views: 0 C. A. 5th Cir. Cer-tiorari denied. Mr. Justice Douglas is of the opinion certiorari should be granted.... Views: 0 Supreme Court of Arkansas. Certiorari denied.... Views: 0 Page 36 C. A. 7th Cir. Certiorari denied.... Views: 0 Motion of Southwest Automotive Distributors, Inc., et al. for leave to file brief, as amici curiae, denied. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.... Views: 0 C. A. 2d Cir. Certiorari denied.... Views: 1 United States Court of Appeals for the District of Columbia Circuit. Certiorari granted.... Views: 0 C. A. 6th Cir. Certiorari denied. Mr. Justice Douglas is of the opinion certoriari should be granted.... Views: 0 Court of Claims. Certiorari granted. Reported below:-Ct. Cl.-, -— F. 2d-.... Views: 0 Court of Claims. Certiorari denied.... Views: 0 C. A. 2d Cir. Certiorari denied.... Views: 0 C. A. 3d Cir. Certiorari denied.... Views: 1 Page 39 Supreme Court of Ohio. Certiorari denied. Mr. Justice Douglas is of the opinion certiorari should be granted.... Views: 0 C. A. 2d Cir. Certiorari denied.... Views: 0 Court of Claims. Certiorari denied. Reported below: - Ct. Cl.-,-F. 2d-.... Views: 0 Court of Claims. Certiorari denied. Reported below:-Ct. Cl.-, — F. 2d-.... Views: 2 Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit granted in No. 138, and motion for leave to file petition for writ of mandamus granted in No. 180, Misc. Reported below: 289 F. 2d 426.... Views: 0 C. A. 5th Cir. Cer-tiorari denied.... Views: 0 C. A. 4th Cir. Certiorari denied.... Views: 0 Court of Civil Appeals of Texas, Third Supreme Judicial District. Certiorari granted.... Views: 0 District Court of Appeal of Florida, Second Appellate District. Certiorari denied.... Views: 0 Page 40 Supreme Court of Hawaii. Certiorari denied. Mr. Justice Douglas is of the opinion certiorari should be granted.... Views: 0 C. A. 7th Cir. Certi-orari denied.... Views: 2 C. A. 5th Cir. Certiorari denied.... Views: 0 C. A. 9th Cir. Certiorari denied.... Views: 0 C. A. 6th Cir. Certiorari denied.... Views: 1 Page 43 Certiorari, 366 U. S. 958, to the Supreme Court of Florida. It is ordered that Harold A. Ward, Esquire, of Winter Park, Florida, be, and he is hereby, appointed to serve as counsel for petitioner in this case.... Views: 2 Supreme Court of Minnesota. Certiorari granted.... Views: 0 Supreme Court of California. Certiorari denied.... Views: 0 Supreme Court of Florida. Certiorari denied.... Views: 0 Appeal from the United States District Court for the Western District of Missouri. Probable jurisdiction noted.... Views: 0 C. A. 7th Cir. Certiorari denied.... Views: 0 C. A. 7th Cir. Certiorari denied.... Views: 0 Supreme Court of Pennsylvania. Certiorari denied.... Views: 0 Petitioner's motion for leave to file lower court briefs granted. Petition for writ of certiorari to the Court of Appeals of New York denied.... Views: 0 C. A. 7th Cir. Certiorari denied.... Views: 0 C. A. 7th Cir. Certiorari denied.... Views: 0 United States Court of Appeals for the District of Columbia Circuit. Certiorari granted.... Views: 0 C. A. 5th Cir. Certio-rari denied.... Views: 0 Court of Claims. Certiorari granted. Reported below: — Ct. Cl. —, 287 F. 2d 168.... Views: 0 Court of Civil Appeals of Texas, Eleventh Supreme Judicial District. Certiorari denied.... Views: 0 C. A. 2d Cir. Certiorari denied. Mr. Justice Douglas is of the opinion certiorari should be granted.... Views: 0 C. A. 2d Cir. Certiorari denied.... Views: 0 C. A. 7th Cir. Certiorari denied.... Views: 0 C. A. 5th Cir. Certiorari denied.... Views: 0 Court of Claims. Certiorari denied. Reported below:-Ct. Cl.-,-F. 2d-.... Views: 0 C. A. 7th Cir. Certiorari denied.... Views: 0 C. A. 3d Cir. Certiorari denied.... Views: 0 Supreme Court of Kansas. Certiorari denied.... Views: 0 C. A. 2d Cir. Certiorari denied. Mr. Justice Douglas is of the opinion certiorari should be granted.... Views: 0 Supreme Court of Errors of Connecticut. Certiorari denied.... Views: 0 C. A. 5th Cir. Certiorari denied.... Views: 0 C. A. 5th Cir. Certiorari denied.... Views: 0 Supreme Court of Utah. Certiorari denied.... Views: 0 C. A. 5th Cir. Certiorari denied.... Views: 0 Supreme Court of Oklahoma. Certiorari denied.... Views: 0 Court of Appeals of Maryland. Certiorari denied.... Views: 0 C. A. 2d Cir. Certiorari granted.... Views: 0 C. A. 1st Cir. Certiorari denied.... Views: 0 United States Court of Appeals for the District of Columbia Circuit. Certiorari denied.... Views: 0 C. A. 5th Cir. Certiorari denied.... Views: 0 C. A. 2d Cir. Certiorari denied.... Views: 0 C. A. 2d Cir. Certiorari denied.... Views: 1 C. A. 5th Cir. Certiorari denied.... Views: 0 C. A. 5th Cir. Certiorari denied.... Views: 0 82 S. Ct. 55: Local 483, International Brotherhood of Boilermakers v. National Labor Relations Board Page 55 United States Court of Appeals for the District of Columbia Circuit. Certiorari denied.... Views: 0 Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted limited to Question 1 presented by the petition, which reads as follows: “1. Where a group of citrus fruit growers form a cooperative organization for the purpose of collectively processing and marketing their fruit, and carry out those functions through the agency of three cooperative agricultur... Views: 0 Motions of California Manufacturers Association; National Paint, Varnish and Lacquer Association, Inc.; National Association of Margarine Manufacturers; Ohio Chamber of Commerce; Illinois State Chamber of Commerce; Institute of Shortening and Edible Oils, Inc.; American Spice Trade Association; Georgia State Chamber of Commerce; Chamber of Commerce of Cleveland, Ohio; and Chamber of Commerce of t... Views: 0 Supreme Court of Appeals of Virginia. Certiorari denied.... Views: 0 Page 57 Court of Appeals of New York. Certiorari denied.... Views: 0 Page 58 C. A. 2d Cir. Certiorari denied.... Views: 0 C. A. 3d Cir. Certiorari denied.... Views: 0 Court of Appeals of New York. Certiorari denied.... Views: 0 C. A. 9th Cir. Certiorari denied.... Views: 0 Appeal from the Supreme Court of Louisiana. Probable jurisdiction noted.... Views: 0 C. A. 7th Cir. Certiorari denied.... Views: 0 C. A. 3d Cir. Certiorari denied.... Views: 0 Page 61 C. A. 5th Cir. Certiorari denied. Reported below: 287 F. 2d 852.... Views: 0 Supreme Court of Tennessee. Certiorari denied. Mr. Justice Black took no part in the consideration or decision of this application.... Views: 0 Court of Appeals of New York. Certiorari denied.... Views: 0 Court of Appeals of Maryland. Certiorari denied.... Views: 0 Page 63 Supreme Court of Missouri. Certiorari granted. Reported below:-S. W. 2d-.... Views: 0 Supreme Court of Iowa. Certiorari denied.... Views: 0 Page 119 Certiorari, 366 U. S. 902, to the United States Court of Appeals for the Second Circuit. Motion of the Solicitor General for leave to participate in oral argument granted.... Views: 0 Cer-tiorari, 366 U. S. 958, to the United States Court of Appeals for the Eighth Circuit. Motion of the Solicitor General for leave to participate in oral argument granted.... Views: 0 The motion to affirm is granted and the judgment is affirmed.... Views: 0 C. A. 7th Cir. Certiorari denied. Mr. Justice Douglas is of the opinion certiorari should be granted.... Views: 0 C. A. 6th Cir. Certiorari denied.... Views: 0 Page 121 Motion of respondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.... Views: 0 Page 121 Motion of respondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.... Views: 0 Page 121 C. A. 9th Cir. Certiorari denied. Reported below: 290 F. 2d 334.... Views: 0 C. A. 3d Cir. Certiorari granted.... Views: 0 C. A. 9th Cir. Certiorari denied.... Views: 0 C. A. 5th Cir. Certiorari denied.... Views: 0 Page 122 Supreme Court of Illinois. Certiorari denied.... Views: 0 C. A. 8th Cir. Certiorari denied.... Views: 0 C. A. 2d Cir. Certiorari denied.... Views: 0 The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question. Mr. Justice Harlan would note probable jurisdiction. ... Views: 0 The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. We are in agreement with the representations of the Solicitor General that, under the principles announced in Bell v. United States, 349 U. S. 81, the petitioner was guilty of but a single offense under 18 U. S. C. § 2314. In light of such representations and upon consideration of the enti... Views: 0 Motion of petitioner for leave to add to the record granted. Petition for writ of cer-tiorari to the Appellate Court of Illinois, Second District, denied.... Views: 0 District Court of Appeal of California, Second Appellate District. Certiorari denied.... Views: 0 The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. In the light of the representations of the Solicitor General and upon consideration of the entire record, the judgment of the Court of Appeals is vacated and the case is remanded to the District Court to permit the United States to file an appropriate motion in that court to withdraw its prior... Views: 1 The appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.... Views: 0 Page 136 The motion to dismiss is granted and the appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. ... Views: 0 368 U.S. 17
82 S.Ct. 136
7 L.Ed.2d 85
AMERICAN CHICLE CO.v.STATE TAX COMMISSION OF NEW YORK.
No. 301.
Supreme Court of the United States
October 23, 1961
Leo A. Diamond, for appellant.
Louis J. Lefkowitz, Atty. Gen. of New York, Paxton Blair, Sol. Gen., and Robert W. Bush, Asst. Atty. Gen., for appellee.
PER CURIAM.
1
The motion ... Views: 0 Page 136 The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question. Mr. Justice Black, Mr. Justice Douglas and Mr. Justice Harlan are of the opinion that probable jurisdiction should be noted. ... Views: 0 Page 137 The motion to dismiss is granted and the appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. ... Views: 0 Appeals from the Supreme Court of Alaska. (See 363 U. S. 555.) Probable jurisdiction noted. Reported below: — Alaska —, 362 P. 2d 901.... Views: 0 The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question. Mr. Justice Douglas is of the opinion that probable jurisdiction should be noted. ... Views: 0 Page 138 Appeal from the United States District Court for the Southern District of Georgia. (Probable jurisdiction noted, 365 U. S. 866.) Motion of the Solicitor General for leave to participate in oral argument, as amicus curiae, granted.... Views: 0 Page 138 Certiorari, 366 U. S. 902, to the United States Court of Appeals for the Second Circuit. Motion of the Society of Corporate Secretaries for leave to file brief, as amicus curiae, granted.... Views: 0 366 U. S. 380. Motion of A. Chauncey Newlin for leave to file petition for rehearing, as amicus curiae, denied.... Views: 0 Certiorari, 365 U. S. 866, to the United States Court of Appeals for the District of Columbia Circuit.... Views: 0 Court of Appeals of New York. Certiorari granted.... Views: 0 Certiorari, 366 U. S. 923, to the United States Court of Appeals for the Seventh Circuit. Motion of respondent to remove this case from the summary calendar granted.... Views: 0 Page 140 Certiorari, ante, p. 814, to the United States Court of Appeals for the Second Circuit. Motion of the United States for leave to intervene granted.... Views: 0 C. A. 2d Cir. Certiorari denied.... Views: 0 Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted limited to Questions 2, 5, and 6 presented by the petition, which read as follows: “2. Whether an Appellate Court can take away from a jury the question of causal effect concerning an injury by *887 a 100% two-company monopoly (admittedly achieved pursuant to an intent to monopolize) when the... Views: 0 C. A. 9th Cir. Certiorari denied.... Views: 0 C. A. 5th Cir. Certiorari denied.... Views: 0 C. A. 6th Cir. Certiorari denied. Reported below: 285 F. 2d 911.... Views: 0 C. A. 1st Cir. Certiorari denied.... Views: 0 Supreme Court of Illinois. Certiorari denied.... Views: 0 C. A. 9th Cir. Certiorari denied. Mr. Justice Douglas is of the opinion certiorari should be granted.... Views: 0 C. A. 2d Cir. Certiorari denied.... Views: 0 Appellate Court of Illinois, First District. Certiorari denied.... Views: 0 C. A. 2d Cir. Certiorari denied. Mr. Justice Black is of the opinion certiorari should be granted.... Views: 0 Page 145
368 U.S. 31 (1961)
PEPE
v.
DELAWARE.
No. 345.
Supreme Court of United States.
Decided November 6, 1961.
APPEAL FROM THE SUPREME COURT OF DELAWARE.
John Merwin Bader for petitioner.
PER CURIAM.
The appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.
... Views: 0 The application for stay presented to Mr. Justice Clark, and by him referred to the Court, is denied. Petition for writ of certiorari to the Supreme Court of Indiana denied.... Views: 0 The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question.... Views: 0 The motion to dismiss is granted and the appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. ... Views: 0 Page 146 The motion to dismiss is granted and the appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. ... Views: 0 Page 146 The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and, as suggested by the Attorney General of Michigan, the case is remanded for consideration in light of Mapp v. Ohio, 367 U. S. 643. ... Views: 0 In the light of the representations of the Solicitor General and upon consideration of the entire record, the judgment of the District Court is vacated. The case is remanded to the District Court for further consideration in the light of developments which have occurred since the injunction was issued, without prejudice to consideration by that court of any application by appellees for such tempo... Views: 0 The motion to dismiss is granted and the appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. Mr. Justice Douglas is of the opinion that probable jurisdiction should be noted.... Views: 0 Page 147
368 U.S. 34 (1961)
COATES
v.
WALTERS.
No. 339, Misc.
Supreme Court of United States.
Decided November 6, 1961.
APPEAL FROM THE COURT OF APPEALS OF NEW YORK.
Vito J. Cassan for appellant.
Louis J. Lefkowitz, Attorney General of New York, Paxton Blair, Solicitor General, and Jean M. Coon, Assistant Attorney General, for appellee.
PER CURIAM.
The motion to dismiss is granted and the appeal is dismis... Views: 0 Page 147 The appeal is dismissed for want of a substantial federal question.... Views: 0 delivered the opinion of the Court.
The Federal Employers’ Liability Act1 requires railroads to pay damages for personal injuries negligently inflicted upon their employees. The question this case presents is whether a railroad can escape this statutory liability by proving that an employee so injured had obtained his job by making false representations upon which the railroad rightfully relied in... Views: 0 Page 157 delivered the opinion of the Court. This is a capital case, petitioner having been sentenced to death on a count of an indictment charging breaking and entering a dwelling at night with intent to ravish. 1 Petitioner appealed, claiming he had been denied counsel at the time of arraignment. The Alabama Supreme Court, although stating that the right to counsel under the State and Federal Consti... Views: 12 Page 159 delivered the opinion of the Court. Appellant, a woman, has been convicted in Hillsborough County, Florida, of second degree murder of her husband. On this appeal under 28 U. S. C. § 1257 (2) from the Florida Supreme Court’s affirmance of the judgment of conviction, 119 So. 2d 691, we noted probable jurisdiction, 364 U. S. 930, to consider appellant’s claim that her trial before an all-male jury v... Views: 2 Appeals from the Supreme Court of Alaska. (Probable jurisdiction noted, ante, p. 886.) The motion of appellants to dispense with printing the record is granted. The motions to accelerate the filing of briefs and to set the cases for early hearing are granted and the cases are set for argument on Wednesday, December 13, 1961. The briefs of the appellants and the brief of the United States, as amicu... Views: 0 Page 169 certiorari, 365 U. S. 840, to the Supreme Court of Louisiana; certiorari, 364 U. S. 931, to the Supreme Court of Alabama; on petitions for writs of certiorari to the Supreme Court of North Carolina; and on petition for writ of certiorari to the Supreme Court of Appeals of Virginia. Motions of Thurgood Marshall for leave to withdraw appearances as counsel for petitioners granted.... Views: 0 Appeal from the Court of Appeals of New York. (Probable jurisdiction noted, 366 U. S. 942.) Motion of the National Crushed Stone Association for leave to file brief, as amicus curiae, granted.... Views: 0 Page 170 on appeal from the Court of Appeals of Maryland; on appeal from the United States District Court for the Western District of Tennessee (question of jurisdiction postponed, ante, p. 808); and (appeal dismissed, ante, p. 18). Motions of Thurgood Marshall for leave to withdraw appearances as counsel for appellants granted.... Views: 0 ante, p. 836; ante, p. 818; ante, p. 9; ante, p. 9; ante, p. 853; ante, p. 854; ante, p. 856; and ante, p. 9. Petitions for rehearing denied.... Views: 0 C. A. 2d Cir. Certiorari denied.... Views: 0 Appeal from the United States District Court for the Southern District of Ohio. Probable jurisdiction noted.... Views: 0 Motion of American Waterways Operators, Inc., for leave to file brief, as amicus curiae, granted. Motion of Seaway Excursion Lines, Inc., for leave to file brief, as amicus curiae, denied. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.... Views: 0 C. A. 3d Cir. Certiorari denied.... Views: 0 United States Court of Appeals for the District of Columbia Circuit. Certiorari denied.... Views: 0 C. A. 2d Cir. Certiorari denied.... Views: 0 C. A. 2d Cir. Certiorari denied. Reported below: F. 2d .... Views: 0 United States Court of Appeals for the District of Columbia Circuit. Certiorari denied. Mr. Justice Black and Mr. Justice Douglas are of the opinion certiorari should be granted.... Views: 0 Supreme Court of Alabama. Certiorari denied.... Views: 0 C. A. 2d Cir. Certiorari denied.... Views: 0 C. A. 3d Cir. Certiorari denied.... Views: 0 Superior Court of California, San Francisco County. Certiorari denied.... Views: 0 C. A. 7th Cir. Certiorari denied. The Chief Justice, Mr. Justice Black and Mr. Justice Brennan are of the opinion certiorari should be granted.... Views: 0 Supreme Court of Pennsylvania. Certiorari denied.... Views: 0 United States Court of Appeals for the District of Columbia Circuit. Certiorari denied.... Views: 0 Page 175 Motion of respondent for leave to supplement the record granted. Petition for writ of certiorari to the Supreme Court of Tennessee denied.... Views: 0 Supreme Court of California. Certiorari denied.... Views: 0 Supreme Court of Mississippi. Certiorari denied.... Views: 0 C. A. 8th Cir. Certiorari denied. The Chief Justice, Mr. Justice Black and Mr. Justice Douglas are of the opinion certiorari should be granted.... Views: 0 Page 176 District Court of Appeal of California, First Appellate District. Certiorari denied.... Views: 0 C. A. 3d Cir. Certiorari denied.... Views: 0 C. A. 2d Cir. Certiorari denied. Mr. Justice Black is of the opinion certiorari should be granted.... Views: 0 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. 5th Cir. Certiorari denied. Reported below: F. 2d .... Views: 0 C. A. 5th Cir. Certiorari denied.... Views: 0 United States Court of Appeals for the District of Columbia Circuit. Certiorari denied.... Views: 0 Page 178 Motion to dispense with printing the petition for certiorari granted. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.... Views: 0 C. A. 1st Cir. Certiorari denied.... Views: 0 C. A. 2d Cir. Certiorari denied.... Views: 0 United States Court of Customs and Patent Appeals. Certiorari denied.... Views: 0 C. A. 6th Cir. Certiorari denied.... Views: 0 Page 189 The appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. ... Views: 0 Page 190 368 U.S. 908
82 S.Ct. 190
7 L.Ed.2d 128
Beatrice LYNUM, petitioner,v.STATE OF ILLINOIS.
No. 80.
Supreme Court of the United States
November 13, 1961
Consideration of the petition for certiorari is deferred to accord counsel for petitioner opportunity to secure a certificate from the Supreme Court of Illinois as to whether the judgment herein was intended to rest ... Views: 0 C. A. 4th Cir. Certiorari denied. Mr. Justice Douglas is of the opinion certiorari should be granted.... Views: 0 ante, p. 826; ante, p. 846; ante, p. 857; ante, p. 883; ante, p. 860; ante, p. 861 ; ante, p. 863; and ante, p. 866. Petitions for rehearing denied.... Views: 0 Page 193 United States Court of Appeals for the District of Columbia Circuit. Certiorari denied.... Views: 0 Court of Claims. Certiorari denied. Reported below: -Ct. Cl.-,-F. 2d-.... Views: 0 Supreme Court of New Mexico. Certiorari denied.... Views: 0 Page 194 Court of Appeals of New York. Certiorari denied.... Views: 0 C. A. 3d Cir. Certiorari denied.... Views: 0 Appeal from the Supreme Court of Pennsylvania. Further consideration of the question of jurisdiction is postponed to the hearing of the case on the merits.... Views: 0 Page 195 District Court of Appeal of California, Second Appellate District. Certiorari denied.... Views: 0 C. A. 3d Cir. Certiorari denied. Mr. Justice Douglas is of the opinion certiorari should be granted.... Views: 0 Page 196 Certiorari, ante, p. 815, to the Supreme Court of California. Motion for appointment of counsel denied.... Views: 0 Supreme Court of Missouri. Certiorari denied. Mr. Justice Whittaker took no part in the consideration or decision of this application.... Views: 0 United States Court of Appeals for the District of Columbia Circuit. Certio-rari denied.... Views: 0 The appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.... Views: 0 The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question.... Views: 0 delivered the opinion of the Court. Pennsylvania law provides that “any real or personal property within or subject to the control of this Commonwealth . . . shall escheat to the Commonwealth” whenever it “shall be without a rightful or lawful owner,” “remain unclaimed for the period of seven successive years” or “the whereabouts of such owner . . . shall be and remain unknown for the period of... Views: 1
368 U.S. 81 (1961)
INTERSTATE COMMERCE COMMISSION
v.
J-T TRANSPORT CO., INC., ET AL.
No. 17.
Supreme Court of United States.
Argued October 17-18, 1961.
Decided December 4, 1961.[*]
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI.
*82 B. Franklin Taylor, Jr. argued the cause for appellant in No. 17. With him on the briefs were Robert W. Ginnane and James Y. Piper... Views: 0
368 U.S. 139 (1961)
HODGES
v.
UNITED STATES.
No. 58.
Supreme Court of United States.
Argued November 13, 1961.
Decided December 4, 1961.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT.
Quinn O'Connell argued the cause for petitioner. With him on the briefs were Henry B. Weaver, Jr. and Hershel Shanks.
Beatrice Rosenberg argued the cause for the United States... Views: 2 Court of Claims. Certiorari denied.... Views: 2 Page 239 Court of Appeals of New York. Certiorari granted.... Views: 0 Page 239 Supreme Court of Louisiana. Certiorari denied.... Views: 1 ante, p. 820; ante, p. 838; ante, p. 839; ante, p. 835; ante, p. 835; ante, p. 843; ante, p. 843; ante, p. 868; ante, p. 867; ante, p. 1; ante, p. 11; and ante, p. 807. Petitions for rehearing denied.... Views: 0 C. A. 9th Cir. Certiorari denied.... Views: 0 C. A. 10th Cir. Certio-rari denied.... Views: 0 Page 241 District Court of Appeal of California, Fourth Appellate District. Cer-tiorari denied.... Views: 0 C. A. 4th Cir. Certiorari denied.... Views: 0 C. A. 3d Cir. Certiorari denied. Reported below: - F. 2d-.... Views: 0 C. A. 6th Cir. Certiorari denied.... Views: 0 Supreme Court of Louisiana. Certiorari denied.... Views: 0 United States Court of Appeals for the District of Columbia Circuit. Certiorari denied.... Views: 0 The motion to affirm is granted and the judgment is affirmed. Mr. Justice Black and Mr. Justice Brennan are of the opinion that probable jurisdiction should be noted.... Views: 0 Page 247 The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded for a hearing in the light of Uveges v. Pennsylvania, 335 U. S. 437, and Herman v. Claudy, 350 U. S. 116. ... Views: 0 Page 247 The motion to dismiss is granted ,and the appeal is dismissed for want of a substantial federal question.... Views: 0 Page 248
368 U.S. 157 (1961)
GARNER ET AL.
v.
LOUISIANA.
No. 26.
Supreme Court of United States.
Argued October 18-19, 1961.
Decided December 11, 1961.[*]
CERTIORARI TO THE SUPREME COURT OF LOUISIANA.
*158 Jack Greenberg argued the cause for petitioners. With him on the briefs were A. P. Tureaud, Thurgood Marshall, William T. Coleman, James A. Nabrit III and Louis H. Pollak.
John F. Ward, Jr. a... Views: 9 delivered the opinion of the Court. A Florida statute requires each employee of the State or its subdivisions to execute a written oath in which he must swear that, among other things, he has never lent his “aid, support, advice, counsel or influence to the Communist Party.” 1 Failure to subscribe to this oath *280 results under the law in the employee's immediate discharge. 2 After the... Views: 4
delivered the opinion of the Court.
A political subdivision of a State has levied a personal property tax on a federal instrumentality despite a claim of immunity by virtue of a federal statute.
Petitioner, the Federal Land Bank of Wichita, acquired a mortgage on realty in Kiowa County, Kansas, in the course of its business as a federal instrumentality duly organized under the Federal... Views: 0 Page 282 This is a motion for an injunction to stay the prosecution of a number of criminal cases in the courts of Mississippi pending an appeal to this Court from the judgment of a three-judge Federal District Court. A federal injunction to stay state criminal proceedings is an extraordinary remedy. Cf. Douglas v. City of Jeannette, 319 U. S. 157; Ex parte Young, 209 U. S. 123. In addition to the c... Views: 2
368 U.S. 208 (1961)
ST. REGIS PAPER CO.
v.
UNITED STATES.
No. 47.
Supreme Court of United States.
Argued November 9, 1961.
Decided December 11, 1961.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT.
*210 Horace R. Lamb argued the cause and filed briefs for petitioner.
Solicitor General Cox argued the cause for the United States. With him on the briefs were Assistant Attorn... Views: 6
368 U.S. 231 (1961)
KILLIAN
v.
UNITED STATES.
No. 7.
Supreme Court of United States.
Argued October 10, 1961.
Decided December 11, 1961.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT.
*233 David B. Rothstein and Basil R. Pollitt argued the cause for petitioner. With them on the brief was M. Michael Essin.
*234 Kevin T. Maroney argued the cause for the United States. Wit... Views: 7 Page 327
368 U.S. 297 (1961)
CAMPBELL, COMMISSIONER OF AGRICULTURE OF GEORGIA, ET AL.
v.
HUSSEY ET AL.
No. 42.
Supreme Court of United States.
Argued November 14-15, 1961.
Decided December 18, 1961.
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA.
G. Hughel Harrison, Assistant Attorney General of Georgia, and Denmark Groover, Jr. argued the cause for appellants. With them... Views: 2 delivered the opinion of the Court.
In December 1958 the appellee railroads published and filed with the Interstate Commerce Commission tariffs establishing through combination rates, from grain producing areas in Northern Illinois to certain Eastern destinations, which were lower than local or flat rates for the same commodities from Chicago to the same destinations. Since these tariffs would be ... Views: 0
delivered the opinion of the Court.
The respondents, an employer and two labor organizations, waived the procedures for adjudgment of the allegations of an unfair labor practice complaint issued against them under the National Labor Relations Act, and agreed upon the form of a cease-and-desist order to be entered by the National Labor Relations Board against them.
1
*319
... Views: 0 Opinion of the Court by announced by Mr. Justice Frankfurter. Robert G. Peters, Jr., and his wife, of Oakland County, Michigan, failed to pay their 1952 federal income taxes. In January 1954 an assessment for this delinquency was filed in the Internal Revenue Collector’s Office at Detroit, Michigan, at which time a lien arose “in favor of the United States upon all property” of the two delinq... Views: 2 delivered the opinion of the Court. This case involves and turns on the proper interpretation and interaction of §§ 112 (g)(1)(B), 112 (b)(3) and 112 (c) (1) of the Internal Revenue Code of 1939. 1 Specifically the question presented is whether, in the absence of a “reorganization,” as that term is defined in § 112 (g)(1)(B) and used in § 112 (b)(3), the gain on an exchange of stock for stock... Views: 0 Certiorari, ante, p. 812, to the United States Court of Appeals for the Fifth Circuit. Motion of respondent for leave to proceed in forma pauperis granted.... Views: 0 Certiorari, 366 U. S. 957, to the United States Court of Appeals for the Third Circuit. Motion of the Dairymen's League Cooperative Association, Inc., et al. for leave to file brief, as amici curiae, granted.... Views: 0 ante, p. 818; ante, p. 15; ante, p. 888; ante, p. 834; ante, p. 890; ante, p. 890; ante, p. 891; ante, p. 882; ante, p. 882; and ante, p. 33. Petitions for rehearing denied.... Views: 0 Page 359 Supreme Court of California. Certiorari denied. The Chief Justice and Mr. Justice Douglas are of the opinion certiorari should be granted on Question 3.... Views: 0 C. A. 1st Cir. Cer-tiorari denied.... Views: 1 C. A. 2d Cir. Certiorari denied.... Views: 0 Motion of American Export Lines, Inc., et al. to be named parties respondent granted. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.... Views: 0 C. A. 5th Cir. Certiorari denied.... Views: 0 United States Court of Appeals for the District of Columbia Circuit. Certiorari granted.... Views: 1 Appeal from the United States District Court for the Northern District of Illinois. Probable jurisdiction noted. Reported below:-P. Supp.-.... Views: 0 Page 362 United States Court of Appeals for the District of Columbia Circuit. Certiorari denied.... Views: 0 Page 362 United States Court of Appeals for the District of Columbia Circuit. Certiorari denied.... Views: 0 Supreme Court of Wisconsin. Certiorari denied.... Views: 0 C. A. 7th Cir. Certiorari denied.... Views: 0 Circuit Court of Coles County, Illinois. Certiorari denied.... Views: 0 Page 363 Supreme Court of Pennsylvania. Certiorari denied.... Views: 0 United States Court of Appeals for the District of Columbia Circuit. Certiorari denied.... Views: 0 Supreme Court of New Jersey. Certiorari denied.... Views: 0 United States Court of Appeals for the District of Columbia Circuit. Certiorari granted.... Views: 0 C. A. 5th Cir. Certiorari denied.... Views: 0 Supreme Court of Indiana. Certiorari denied.... Views: 0 Motion to supplement the petition granted. Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.... Views: 3 C. A. 5th Cir. Certiorari denied. Mr. Justice Black is of the opinion certiorari should be granted.... Views: 0 Page 365 Court of Claims of New York. Certiorari denied.... Views: 0 Court of Appeals of New York. Certiorari denied.... Views: 0 C. A. 8th Cir. Certiorari denied.... Views: 0 C. A. 4th Cir. Certiorari granted.... Views: 0 Court of Claims. Certiorari denied. Reported below:-Ct. Cl.-,-F. 2d —.... Views: 0 Court of Appeals of New York. Certiorari granted.... Views: 0 Page 367 Court of Appeals of New York. Certiorari granted.... Views: 0 C. A. 1st Cir. Certiorari denied.... Views: 0 C. A. 5th Cir. Certiorari denied.... Views: 0 Supreme Court of California. Certiorari denied.... Views: 0 Supreme Court of California. Certio-rari denied.... Views: 0 The motion to dismiss is granted and the appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.... Views: 0 The motions to dismiss are granted and the appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.... Views: 0 The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question.... Views: 0 C. A. 7th Cir. Certiorari denied. The Chief Justice, Mr. Justice Black and Mr. Justice Douglas are of the opinion that certiorari should be granted.... Views: 1 Certiorari, ante, p. 874, to the United States Circuit Court of Appeals for the Third Circuit.... Views: 0 Page 376 ante, p. 25. Petition for rehearing denied. Mr. Justice Whittaker took no part in the consideration or decision of this application.... Views: 0 C. A. 10th Cir. Certiorari denied. Mr. Justice Whittaker is of the opinion that certiorari should be granted.... Views: 0 C. A. 7th Cir. Certiorari granted. Reported below: 290 F. 2d 312.... Views: 0 C. A. 5th Cir. Certiorari granted.... Views: 0 United States Court of Appeals for the District of Columbia Circuit. Certiorari denied.... Views: 0 C. A. 6th Cir. Cer-tiorari denied.... Views: 0 United States Court of Appeals for the District of Columbia Circuit. Certiorari denied.... Views: 0 Supreme Court of California. Certiorari denied.... Views: 0 Motion to dispense with printing the petition for writ of certiorari granted. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.... Views: 0 Court of Claims. Certiorari denied.... Views: 0 United States Court of Appeals for the District of Columbia Circuit. Certiorari denied.... Views: 0 C. A. 2d Cir. Certiorari denied.... Views: 0 C. A. 4th Cir. Certiorari denied.... Views: 0 C. A. 9th Cir. Certio-rari denied.... Views: 0 Court of Civil Appeals of Texas, Fourth Supreme Judicial District. Certiorari denied.... Views: 0
368 U.S. 345 (1961)
VENUS
v.
UNITED STATES.
No. 75.
Supreme Court of United States.
Argued December 14, 1961.
Decided December 18, 1961.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT.
Hayden C. Covington argued the cause and filed briefs for petitioner.
Jerome M. Feit argued the cause for the United States. With him on the briefs were Solicitor General Cox, Assistant Atto... Views: 0 In the light of the Solicitor General's concession that petitioner’s lien is choate, and the Court agreeing therewith, certiorari is granted, the judgment is vacated and the case is remanded to the Court of Appeals for further proceedings not inconsistent with this opinion. ... Views: 0 Page 385 The motion to dismiss is granted and the appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. ... Views: 0 Page 385 The motion to dismiss is granted and the appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.... Views: 0
368 U.S. 348 (1961)
MOREHOUSE ET AL.
v.
UNITED STATES ET AL.
No. 500.
Supreme Court of United States.
Decided December 18, 1961.
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA.
Clarence D. Todd, G. Duane Vieth and Robert N. Burchmore for appellants.
Solicitor General Cox, Assistant Attorney General Loevinger, Richard A. Solomon, Robert W. Ginnane and Fritz Kahn for the ... Views: 0 Page 386 ante, p. 831. Motion to dispense with printing petition granted. Motion for leave to file petition for rehearing denied.... Views: 0 Page 386 Court of Criminal Appeals of Texas. Certiorari denied.... Views: 0 C. A. 7th Cir. Certiorari granted.... Views: 0 Certiorari, 366 U. S. 957, to the United States Court of Appeals for the Third Circuit. Motion of the Lawson Milk Company for leave to file brief, as amicus curiae, granted.... Views: 0 C. A. 5th Cir. Certiorari denied.... Views: 0 United States Court of Appeals for the District of Columbia Circuit. Certiorari denied.... Views: 0 Page 387 Appeal from the United States District Court for the Western District of Missouri. Probable jurisdiction noted.... Views: 0 Page 387 ante, p. 876; ante, p. 898; and ante, p. 900. Petitions for rehearing denied.... Views: 0 United States Court of Appeals for the District of Columbia Circuit. Certiorari denied.... Views: 1 C. A. 9th Cir. Certiorari denied.... Views: 0 C. A. 5th Cir. Certiorari granted.... Views: 0 C. A. 2d Cir. Certiorari denied.... Views: 0 Court of Appeals of New York. Certiorari denied.... Views: 0 Page 389 Appellate Department, Superior Court of California, Los Angeles County. Certiorari denied.... Views: 0
368 U.S. 349 (1962)
NEW YORK CENTRAL RAILROAD CO.
v.
UNITED STATES ET AL.
No. 482.
Supreme Court of United States.
Decided January 8, 1962.
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK.
Robert D. Brooks and Alfred A. Green for appellant.
Solicitor General Cox, Assistant Attorney General Loevinger, Lionel Kestenbaum, Elliott H. Moyer and Robert W. Ginnane for ... Views: 0 Appeal from the United States Court of Appeals for the Eifth Circuit. (Question of jurisdiction postponed to hearing on the merits, 366 U. S. 916.) Motion of Stone Container Corporation for leave to file brief, as amicus curiae, granted.... Views: 0 The motions to dismiss are granted and the appeals are dismissed. Treating the papers whereon the appeals were taken as petitions for writs of certiorari, certiorari is denied. ... Views: 0 The motions to affirm are granted and the judgment is affirmed.... Views: 0 The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question.... Views: 0 Certiorari, ante, p. 874, to the United States Court of Appeals for the Third Circuit. Motion of the National Association of Stevedores for leave to file brief, as amicus curiae, granted.... Views: 0 ante, p. 915; ante, p. 914; ante, p. 933; and ante, p. 944. Petitions for rehearing denied.... Views: 0 Certiorari, ante, p. 812, to the United States Court of Appeals for the Second Circuit. Motion to substitute Robert E. Doyle, John C. Hart and Benjamin H. Balcom in the place of Grant F. Daniels, Thomas E. Rohan and Samuel M. Birnbaum as parties respondent granted.... Views: 0 Page 393 ante, p. 902. Motion to dispense with printing petition for rehearing granted. Petition for rehearing denied.... Views: 0 Page 393 District Court of Appeal of California, Second Appellate District. Certiorari denied.... Views: 0 Appeals from the United States District Court for the Southern District of Illinois. Probable jurisdiction noted. Reported below: 194 F. Supp. 31.... Views: 0 Page 393 Appeal from the United States Court of Appeals for the Second Circuit. Probable jurisdiction noted.... Views: 1 C. A. 2d Cir. Certiorari granted.... Views: 0 C. A. 5th Cir. Certiorari denied.... Views: 0 Page 394 C. A. 5th Cir. Certiorari denied. Mr. Justice Black is of the opinion certiorari should be granted.... Views: 0 Page 394 Motion of the Railway Labor Executives’ Assn, for leave to file brief, as amicus curiae, granted. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.... Views: 0 C. A. 2d Cir. Certiorari denied.... Views: 0 Page 394 Supreme Court of Oklahoma. Certiorari denied. Reported below:-P. 2d-.... Views: 0 Page 395 Motion to correct and amend title to show the Protective Committee for Independent Stockholders of TMT Trailer Ferry, Inc., as a party respondent granted. Petition for writ of cer-tiorari to the United States Court of Appeals for the Fifth Circuit denied.... Views: 0 Page 395 United States Court of Appeals for the District of Columbia Circuit. Certiorari denied.... Views: 0 C. A. 7th Cir. Certiorari denied.... Views: 0 Page 395 Court of Appeals of Maryland. Certiorari denied.... Views: 0 Supreme Court of Pennsylvania. Certiorari denied.... Views: 0 C. A. 6th Cir. Certiorari denied.... Views: 0 C. A. 2d Cir. Certiorari denied.... Views: 0 Court of Appeals of New York. Certiorari denied.... Views: 0 C. A. 4th Cir. Certiorari denied.... Views: 0 United States Court of Appeals for the District of Columbia Circuit. Certiorari denied.... Views: 0 C. A. 7th Cir. Certiorari denied.... Views: 0 United States Court of Customs and Patent Appeals. Certiorari denied.... Views: 1 C. A. 2d Cir. Certiorari denied.... Views: 0 Page 408
368 U.S. 370 (1962)
UNITED STATES ET AL.
v.
DRUM ET AL.
No. 23.
Supreme Court of United States.
Argued October 11-12, 1961.
Decided January 15, 1962.[*]
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA.
*371 Robert W. Ginnane argued the cause for appellants in No. 23. With him on the briefs were Solicitor General Cox, Assistant Attorney General Loevinger, Richard ... Views: 1 The petition for a writ of certiorari is granted. In unfair labor practice proceedings before the National Labor Relations Board respondents did not except to the terms of an order dirécting them to cease and desist from certain practices found to violate §8 (b)(4) (A) of the National Labor Relations Act, 29 U. S. C. § 158 (b)(4)(A), as regards the employees of a named employer “or any other empl... Views: 0 delivered the opinion of the Court. The petitioner Paul Seymour was charged with burglary by the State of Washington in the Superior Court of Okanogan County and pleaded guilty to the lesser included offense of attempted burglary. Upon this plea he was convicted and sentenced to serve seven and one-half years in the state penitentiary. Later, he commenced this proceeding by filing a petition fo... Views: 4 The petition for a writ of certiorari is granted. The respondent consented to the entry by the National Labor Relations Board of an order directing it to cease and desist from certain practices as regards membership of its employees in a named labor organization “or any other labor organization of its employees.” The respondent further waived all defenses to the entry by the Court of Appeals of a... Views: 0 The petition for a writ of certiorari is granted. The respondent consented to the entry by the National Labor Relations Board of an order directing it to cease and desist from interfering with activities of its employees on behalf of a named labor organization “or of any other labor organization.” The respondent further waived all defenses to the entry by the Court of Appeals of a decree enforc... Views: 0
368 U.S. 360 (1962)
FEDERAL TRADE COMMISSION
v.
HENRY BROCH & CO.
No. 74.
Supreme Court of United States.
Argued November 16, 1961.
Decided January 15, 1962.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT.
Solicitor General Cox argued the cause for petitioner. With him on the briefs were Assistant Attorney General Loevinger, Daniel M. Friedman, Richard A. Solomon, Ir... Views: 1 Page 437 The motion to dismiss is granted and the appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. Mr. Justice Douglas is of the opinion certiorari should be granted. ... Views: 1 Page 437 *965Appeal from the United States District Court for the Northern District of California. Further consideration of the question of jurisdiction is postponed until a hearing of the case on the merits. Counsel are requested to brief and argue, in addition to the merits, the question of this Court's jurisdiction on direct appeal under 28 U. S. C. § 1253; see 28 U. S. C. § 2281. Mr. Justice Black and ... Views: 0 ante, p. 208; ante, p. 944; ante, p. 932; ante, p. 935; and ante, p. 945. Petitions for rehearing denied.... Views: 0 Page 438 C. A. 7th Cir. Certiorari denied. Reported below:-F. 2d-.... Views: 0 Appeal from the United States District Court for the Southern District of New York. Further consideration of the question of jurisdiction postponed to the hearing of the case on the merits.... Views: 0 Appeal from the United States District Court for the Northern District of Illinois. (Probable jurisdiction noted, ante, p. 924.) The motions of the Borden Company and the Bowman Dairy Company that separate records be printed are denied. In so far as the motions request the filing of separate briefs and separate hearings on the merits, the motions are granted. Reported below:-F. Supp.-.... Views: 0 Appeal from the United States District Court for the Southern District of California. Probable jurisdiction noted.... Views: 0 C. A. 2d Cir. Certiorari denied.... Views: 0 C. A. 6th Cir. Certiorari denied.... Views: 0 Appeal from the United States District Court for the Northern District of California. Probable jurisdiction noted.... Views: 0 Supreme Court of New Jersey. Certiorari denied.... Views: 0 C. A. 2d Cir. Certiorari denied.... Views: 0 Page 440 Appeal from the United States District Court for the Southern District of Mississippi. Motion for order limiting the time permitted to file motion to dismiss or affirm, advancing the argument on appeal, etc., denied.... Views: 0 Appeal from the United States District Court for the Northern District of California. Probable jurisdiction noted.... Views: 0 Appeal from the United States District Court for the Southern District of New York. Further consideration of the question of jurisdiction postponed to the hearing of the case on the merits.... Views: 0 Page 451 delivered the opinion of the Court. The petitioner Blau, a stockholder in Tide Water Associated Oil Company, brought this action in a United States District Court on behalf of the company under § 16 (b)1 of the Securities Exchange Act of 1934 to *405recover with interest “short swing” profits, that is, profits earned within a six months’ period by the purchase and sale of securities, alleged to ha... Views: 3
368 U.S. 439 (1962)
MITCHELL
v.
UNITED STATES.
No. 448, Misc.
Supreme Court of United States.
Decided January 22, 1962.
ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT.
John Bodner, Jr. for petitioner.
Solicitor General Cox, Assistant Attorney General Miller and Beatrice Rosenberg for the United States.
PER CURIAM.
The motion for leave... Views: 1 Page 464
368 U.S. 436 (1962)
NOSTRAND ET AL.
v.
LITTLE ET AL.
No. 571.
Supreme Court of United States.
Decided January 22, 1962.
APPEAL FROM THE SUPREME COURT OF WASHINGTON.
Francis Hoague for appellants.
John J. O'Connell, Attorney General of Washington, Herbert H. Fuller, Deputy Attorney General, and Timothy R. Malone, Assistant Attorney General, for appellees.
PER CURIAM.
The motion to dismiss is grant... Views: 3 Page 468
368 U.S. 424 (1962)
HILL
v.
UNITED STATES.
No. 68.
Supreme Court of United States.
Argued December 5, 1961.
Decided January 22, 1962.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT.
Curtis R. Reitz, by appointment of the Court, 365 U. S. 841, argued the cause and filed a brief for petitioner.
Julia P. Cooper argued the cause for the United States. With her on the briefs we... Views: 8 ante, p. 231. Petition for rehearing and motion for leave to file petition for rehearing from limitation on order granting certiorari denied.... Views: 0 Page 476 Cer-tiorari, ante, p. 814, to the United States Court of Appeals for the Second Circuit. The motion of Francis M. Shea, Esquire, for leave to participate in oral argument on behalf of the United States Court of Claims, as amicus curiae, is granted.... Views: 2 On petition for writ of certiorari to the Supreme Court of Utah. Petition dismissed pursuant to Rule 60 of the Rules of this Court.... Views: 0 Cer-tiorari, ante, p. 817, to the United States Court of Appeals for the Ninth Circuit. It is ordered that Edward Bennett Williams, Esquire, of Washington, D. C., a member of the bar of this Court, be, and he is hereby, appointed to serve as counsel for the petitioners in this case.... Views: 0 United States Court of Appeals for the District of Columbia Circuit. Certiorari denied.... Views: 0 ante, p. 914; ante, p. 940; ante, p. 938; ante, p. 947; and ante, p. 948. Petitions for rehearing denied.... Views: 0 Page 478 C. A. 4th Cir. Certiorari denied. The Chief Justice, Mr. Justice Black and Mr. Justice Brennan are of the opinion certiorari should be granted.... Views: 0 C. A. 10th Cir. Certiorari denied.... Views: 0 C. A. 6th Cir. Certiorari granted.... Views: 1 C. A. 5th Cir. Certiorari granted. Reported below: 293 F. 2d 761.... Views: 0 C. A. 5th Cir. Certiorari denied.... Views: 0 C. A. 6th Cir. Cer-tiorari denied.... Views: 0 Page 480 District Court of Appeal of California, Second Appellate District. Cer-tiorari granted.... Views: 2 C. A. 7th Cir. Certiorari denied.... Views: 0 C. A. 9th Cir. Certiorari denied.... Views: 0 C. A. 2d Cir. Certiorari granted.... Views: 0 delivered the opinion of the Court.
The question involved here is whether this treble damage action based on alleged violations of the restraint of trade and monopoly sections of the Sherman Law1 was rightly terminated by a summary judgment of dismissal. The petitioner, Lou Poller, is the assignee of the Midwest Broadcasting Company, a dissolved corporation. In 1954 Midwest was the owner and opera... Views: 0 delivered the opinion of the Court. Petitioner was sentenced to 10 years in prison under Virginia’s recidivist statute. Va. Code, 1950, § 53-296. This statute provides that when it appears that a person convicted of an offense has been previously sentenced “to *444 a like punishment,” he may be tried on an information that alleges “the existence of records of prior convictions and the identit... Views: 2 Page 501 concurring. I join the Court's Opinion in Oyler v. Boles and Crabtree v. Boles, Nos. 56 and 57, and concur in the result in Chewning v. Cunningham, No. 63, ante, p. 443. In my view, the issues decided in Oyler and Crabtree, on the one hand, and in Chewning, on the other, represent opposite sides of the same coin. Since their interrelationship does not appear from the opinions of the Court, and sin... Views: 0 delivered the opinion of the Court. In 1956 two informations were filed in the United States District Court for the Northern District of Ohio charging the petitioner with having robbed banks in Waterville, Ohio, and Forest, Ohio. Represented by-counsel of his own choice, the petitioner waived indictment and pleaded guilty to both charges. Sentence was deferred pending a presentence investigation, ... Views: 2
delivered the opinion of the Court.
Section 301 (a) of the Labor Management Relations Act of 1947 provides:
“(a) Suits for violation of contracts between an employer and a labor organization representing employees in an industry affecting commerce as defined in this chapter, or between any such labor organizations, may be brought in any district court of the United States having juris... Views: 3 Page 522 Court of Criminal Appeals of Texas. Certiorari denied.... Views: 0
368 U.S. 515 (1962)
ST. HELENA PARISH SCHOOL BOARD ET AL.
v.
HALL ET AL.
No. 586.
Supreme Court of United States.
Decided February 19, 1962.
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA.
Jack P. F. Gremillion, Attorney General of Louisiana, W. Scott Wilkinson and Victor A. Sachse, Special Assistant Attorneys General, Carroll Buck, M. E. Culligan, George M. Po... Views: 1 Page 529 The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question. Mr. Justice Douglas is of the opinion that further consideration of the question of jurisdiction should be postponed to a hearing of the case on the merits. ... Views: 0 Page 530 The appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. ... Views: 0 The motion to dismiss is granted and the appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. ... Views: 0 Page 530 The appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.... Views: 0 delivered the opinion of the Court.
This case is here on a petition for a writ of certiorari to the Supreme Court of Pennsylvania which we granted (366 U. S. 943) because its decision (402 Pa. 411, 168 A. 2d 123) seemed to be in conflict with United States v. Causby, 328 U. S. 256. The question is whether respond*85ent has taken an air easement over petitioner’s property for which it must pay just... Views: 0 Page 537 delivered the opinion of the Court. These two cases, consolidated for argument here, involve controversies between the United States and bankruptcy trustees concerning the right of the Government to recover federal tax penalties against the estate of a bankrupt.1 Because the tax penalties constituted perfected liens on the estate of the bankrupt,2 the Court of Appeals for the Ninth Circuit, follow... Views: 0
369 U.S. 17 (1962)
RETAIL CLERKS INTERNATIONAL ASSOCIATION, LOCAL UNIONS NOS. 128 AND 633,
v.
LION DRY GOODS, INC., ET AL.
No. 73.
Supreme Court of United States.
Argued January 17, 1962.
Decided February 26, 1962.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT.
S. G. Lippman argued the cause for petitioners. With him on the briefs were Joseph E. Finley and Tim L. Bornstei... Views: 4
Appellants, Negroes living in Jackson, Mississippi, brought this civil rights action, 28 U. S. C. § 1343 (3), in the United States District Court for the Southern District of Mississippi, on behalf of themselves and others similarly situated, seeking temporary and permanent injunctions to enforce their constitutional rights to nonsegregated service in interstate and intrastate transportation, a... Views: 10 Page 551 Treating this application for habeas corpus as a petition for certiorari to review the denial by a judge of the Court of Appeals for the Fifth Circuit of a certificate of probable cause for appeal (28 U. S. C. § 2253) from the District Court for the Northern District of Alabama, cf. In re Burwell, 350 U. S. 521, 522, we grant it as such, vacate the order of the Court of Appeals, and remand the ... Views: 0
delivered the opinion of the Court.
This is an appeal from a decision of the Supreme Court of the State of Alaska, - Alaska -, 362 P. 2d 901, affirming the denial of an injunction against interference by the State with appellant’s use of fish traps in the Annette Islands of southeastern Alaska. Appellant rests its claim in part on regulations promulgated by the Secretary of the Interior wh... Views: 1
369 U.S. 60 (1962)
ORGANIZED VILLAGE OF KAKE ET AL.
v.
EGAN, GOVERNOR OF ALASKA.
No. 3.
Supreme Court of United States.
Argued December 14, 1961.
Decided March 5, 1962.
APPEAL FROM THE SUPREME COURT OF ALASKA.
John W. Cragun argued the cause for appellants. With him on the briefs was Frances L. Horn.
Ralph E. Moody, Attorney General of Alaska, and, by special leave of Court pro hac vice, Avrum M.... Views: 3
369 U.S. 95 (1962)
LOCAL 174, TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA,
v.
LUCAS FLOUR CO.
No. 50.
Supreme Court of United States.
Argued November 7-8, 1961.
Decided March 5, 1962.
CERTIORARI TO THE SUPREME COURT OF WASHINGTON.
*96 Francis Hoague argued the cause and filed briefs for petitioner.
Stuart G. Oles argued the cause for respondent. With him on the briefs was Seth W.... Views: 9
369 U.S. 111 (1962)
PUBLIC AFFAIRS ASSOCIATES, INC., TRADING AS PUBLIC AFFAIRS PRESS,
v.
RICKOVER.
No. 36.
Supreme Court of United States.
Argued November 6-7, 1961.
Decided March 5, 1962.[*]
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT.
Harry N. Rosenfield argued the cause for Public Affairs Associates, Inc. With him on the briefs was Stanley B. Frosh.
Jo... Views: 5
delivered the opinion of the Court.
The question to be decided in this case-is what law a Federal District Court should apply in an action brought under the Federal Tort Claims Act
1
where an act of negligence occurs in one State and results in an injury and death in another State. The basic provision of the Tort Claims Act states that the Government shall be liable for tortious... Views: 4 Page 596 Appeal from the Supreme Court of Michigan. The motion of Melvin Nord et al. for leave to file brief, as amici curiae, is granted.... Views: 0 Appeals from the United States District Court for the Southern District of New York. The motion to advance is denied.... Views: 0 Page 597 Certiorari, ante, p. 924, to the Court of Appeals of New York. The motion of the American Jewish Committee et al. for leave to file brief, as amici curiae, is granted.... Views: 0 Appeal from the United States District Court for the District of Massachusetts. Probable jurisdiction noted.... Views: 0 Court of Claims. Certiorari denied.... Views: 1 Page 597 ante, p. 297; ante, p. 946; ante, p. 954; ante, p. 955; ante, p. 955; ante, p. 971; and ante, p. 960. Petitions for rehearing denied.... Views: 0 Supreme Court of Washington. Certiorari denied. Mr. Justice Douglas and Mr. Justice Whittaker are of the opinion that certiorari should be granted.... Views: 0 Page 598 C. A. 2d Cir. Certiorari denied. Mr. Justice Douglas is of the opinion that certiorari should be granted.... Views: 0 C. A. 2d Cir. Certiorari denied. Reported below: 294 F. 2d 928.... Views: 1 District Court of Appeal of California, Fourth Appellate District. Certiorari denied.... Views: 1 Page 600 Supreme Court of Illinois. Certiorari denied.... Views: 0 C. A. 5th Cir. Certio-rari denied.... Views: 0 C. A. 9th Cir. Certiorari granted.... Views: 0 Supreme Court of Texas. Certiorari denied. Reported below: — Tex.-, — S. W. 2d-.... Views: 0 C. A. 9th Cir. Certiorari denied.... Views: 0 Supreme Court of Louisiana. Certiorari denied.... Views: 0 C. A. 9th Cir. Certiorari denied. Mr. Justice Douglas is of the opinion that certiorari should be granted.... Views: 0 Page 602 Motion of respondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit granted.... Views: 0 C. A. 2d Cir. Certiorari denied.... Views: 0 C. A. 2d Cir. Certiorari denied.... Views: 0 C. A. 10th Cir. Certiorari denied.... Views: 0 Page 604 Circuit Court of Fairfax County, Virginia. Certiorari denied.... Views: 0 Court of Appeals of Ohio, Lucas County. Certiorari denied.... Views: 0 C. A. 5th Cir. Certiorari denied.... Views: 0 Supreme Court of Indiana. Certiorari denied.... Views: 0 C. A. 7th Cir. Certiorari denied. Mr. Justice Douglas is of the opinion that certiorari should be granted.... Views: 0 C. A. 2d Cir. Certiorari denied.... Views: 0 Supreme Court of Iowa. Certio-rari denied.... Views: 1 C. A. 5th Cir. Certiorari denied.... Views: 0 C. A. 5th Cir. Certiorari denied. Mr. Justice Black took no part in the consideration or decision of this application.... Views: 3 Supreme Court of Iowa. Certiorari denied.... Views: 1 Supreme Court of Indiana. Certiorari denied.... Views: 0 Supreme Court of California. Certiorari denied.... Views: 0
369 U.S. 37 (1962)
EASTERN EXPRESS, INC., ET AL.
v.
UNITED STATES ET AL.
No. 623.
Supreme Court of United States.
Decided February 26, 1962.
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA.
Bryce Rea, Jr., Roland Rice and Homer S. Carpenter for appellants.
Solicitor General Cox, Assistant Attorney General Loevinger, Richard A. Solomon, Robert W. Ginnane and B. Fr... Views: 0 Page 640 The appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.... Views: 1 Page 640 The appeal is dismissed for want of a substantial federal question.... Views: 0 Page 640 368 U. S. 424; and 368 U. S. 959. Petitions for rehearing denied.... Views: 0 Page 641 368 U. S. 987. The motion to stay issuance of order denying certiorari presented to Mr. Justice Brennan, and by him referred to the Court, is denied.... Views: 0 C. A. 7th Cir. Certiorari denied.... Views: 0 C. A. 5th Cir. Certiorari granted.... Views: 0 C. A. 6th Cir. Certiorari denied.... Views: 3 Page 642 *801Supreme Court of South Carolina. Certiorari granted. John S. Davenport III, Angus H. Macaulay, Jr. and Wesley M. Walker for respondent.... Views: 0 C. A. 5th Cir. Certiorari denied.
Reported below: 290 F. 2d 395.... Views: 0
369 U.S. 121 (1962)
DIBELLA
v.
UNITED STATES.
No. 21.
Supreme Court of United States.
Argued January 16-17, 1962.
Decided March 19, 1962.[*]
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT.
Jerome Lewis argued the cause and filed briefs for petitioner in No. 21.
Bruce J. Terris argued the causes for the United States. With him on the briefs were Solicitor General Cox, Assi... Views: 3
369 U.S. 141 (1962)
FONG FOO ET AL.
v.
UNITED STATES.
No. 64.
Supreme Court of United States.
Argued January 16, 1962.
Decided March 19, 1962.[*]
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT.
Arthur Richenthal argued the causes for petitioners and filed briefs for petitioner in No. 65. David E. Feller filed briefs for petitioners in No. 64.
Solicitor General Cox argued t... Views: 7 We granted certiorari in this case, 368 U. S. 886, to decide whether the State of New York could, consistently with the Fourteenth Amendment, assert sovereign immunity in a suit brought by petitioner to reform on grounds of mutual mistake, or to rescind for fraud in the inducement, an agreement fixing compensation for land taken under the power of eminent domain. Contrary to our initial impressio... Views: 0
369 U.S. 134 (1962)
UNITED GAS PIPE LINE CO.
v.
IDEAL CEMENT CO. ET AL.
No. 61.
Supreme Court of United States.
Argued December 13, 1961.
Decided March 19, 1962.
APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT.
E. Dixie Beggs argued the cause and filed briefs for appellant.
James Lawrence White argued the cause for Ideal Cement Co., appellee. With him on the briefs were Mario... Views: 6 The motion to dismiss is granted and the appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. Mr. Justice Whittaker took no part in the consideration or decision of this case. ... Views: 0 The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question. Mr. Justice Whittaker took no part in the consideration or decision of this case. ... Views: 0 Page 685 Upon the suggestion of mootness submitted by counsel for the appellee by reason of the death of the appellee and of the appellant’s motion to vacate the judgment of the Court of Appeals, said judgment is vacated and the case remanded to the District Court with directions to dismiss the cause as moot. Mr. Justice Whittaker took no part in the consideration or decision of this case. ... Views: 0 Page 686 Certiorari, 368 U. S. 924, to the Court of Appeals of New York. The motion of Synagogue Council of America et al. for leave to file brief, as amici curiae, is granted. The motion of the American Ethical Union for leave to file brief, as amicus curiae, is granted.... Views: 0 368 U. S. 208. The motion of petitioner to recall and amend or correct the judgment is denied.... Views: 3 The motion to substitute W. K. Cunningham, Jr., in the place of W. Frank Smyth, Jr., as the party respondent is granted. The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are also granted. The judgment is reversed. Chewning v. Cunningham, 368 U. S. 443. Mr. Justice Whittaker took no part in the consideration or decision of this case. ... Views: 0 United States Court of Appeals for the District of Columbia Circuit. Certiorari denied.... Views: 0 District Court of Appeal of Florida, Third District. Certiorari denied.... Views: 0 368 U. S. 975; and 368 U. S. 977. Petitions for rehearing denied.... Views: 0 Supreme Court of Florida. Certiorari denied.... Views: 0 C. A. 2d Cir. Certiorari denied.... Views: 4 C. A. 9th Cir. Certiorari granted.... Views: 0 C. A. 3d Cir. Certiorari denied.... Views: 2 C. A. 7th Cir. Certiorari denied.... Views: 0 Supreme Court of Georgia. Certiorari denied. with whom Mr. Justice Douglas joins, has filed the following memorandum: While it is not our custom to state reasons when deny-' ing a writ of certiorari, there are occasions when the gravity of the allegations in a petition makes it appropriate to state what the denial does not mean * in order to give assurance tb,at this Court is not insens... Views: 4 Page 691 delivered the opinion of the Court.
This civil action was brought under 42 U. S. C. §§ 1983 and 1988 to redress the alleged deprivation of federal constitutional rights. The complaint, alleging that by means of a 1901 statute of Tennessee apportioning the members of the General Assembly among the State’s 95 counties,1 “these plaintiffs and others similarly situated, *188are denied the equal protec... Views: 1
369 U.S. 355 (1962)
ATLANTIC & GULF STEVEDORES, INC.,
v.
ELLERMAN LINES, LTD., ET AL.
No. 282.
Supreme Court of United States.
Argued February 20, 1962.
Decided April 2, 1962.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT.
*356 Francis E. Marshall argued the cause for petitioner. With him on the briefs was James J. Davis, Jr.
Thomas E. Byrne, Jr. argued the cause and ... Views: 3 Page 787
369 U.S. 367 (1962)
RUSK, SECRETARY OF STATE,
v.
CORT.
No. 20.
Supreme Court of United States.
Argued October 11, 1961.
Decided April 2, 1962.
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA.
*368 Oscar H. Davis argued the cause for appellant. With him on the briefs were Solicitor General Cox, Assistant Attorney General Miller, Beatrice Rosenberg and Jerome M. Feit.
Leon... Views: 8
Appellant, a Negro who was refused nonsegregated service in the Memphis Municipal Airport restaurant operated by appellee Dobbs Houses, Inc., under a lease from appellee City of Memphis, instituted this action on behalf of himself and other Negroes similarly situated seeking an injunction against such discrimination. He rested jurisdiction upon 28 U. S. C. § 1343 (3) and premised the cause of a... Views: 3 with whom Mr. Justice Douglas concurs,
dissenting.
I agree that this case was properly heard by a three-judge District Court but dissent from the Court’s holding that Utah may, through its Motor Vehicle Safety Responsibility Act, enforce the payment of a judgment already discharged under the Federal Bankruptcy Act. Section 17 of the Bankruptcy Act provides that “discharge in bankruptcy shall relea... Views: 0 Page 826 On petition for writ of certiorari to the United States Court of Appeals for the First Circuit. The motion of Robert J. DeOiacomo for leave to withdraw his appearance as counsel for petitioner Maffie is granted.... Views: 0 Certiorari, 368 U. S. 946, to the United States Court of Appeals for the Fifth Circuit. The motion of Isabell Scott McGuyer for leave to participate in oral argument, as amicus curiae, is denied.... Views: 0 368 U. S. 836. The motion for leave to file petition for rehearing is denied.... Views: 0 C. A. 5th Cir. Certiorari denied.... Views: 0 C. A. 5th Cir. Cer-tiorari denied.... Views: 3 Court of Appeals of New York. Certiorari denied.... Views: 0 Appeal from the Supreme Court of Kansas. The Solicitor General is invited to file a brief expressing the views of the United States.... Views: 0 Page 827 368 U. S. 987; 368 U. S. 991; 368 U. S. 994; 368 U. S. 996; and 368 U. S. 981. Petitions for rehearing denied.... Views: 0 Page 828 United States Court of Appeals for the District of Columbia Circuit. Certiorari denied.... Views: 0 District Court of Appeal of Florida, Third Appellate District. Certiorari denied.... Views: 0 Appellate Court of Indiana. Certiorari denied.... Views: 0 C. A. 4th Cir. Certiorari denied.... Views: 0 C. A. 5th Cir. Certiorari denied.... Views: 0 C. A. 10th Cir. Certiorari denied.... Views: 0 Court of Claims. Certiorari denied.... Views: 0 Page 830 United States Emergency Court of Appeals. Certiorari denied.... Views: 0 C. A. 2d Cir. Certiorari denied.... Views: 0 Page 831 Supreme Court of Errors of Connecticut. Certiorari denied.... Views: 0 C. A. 8th Cir. Certiorari denied.... Views: 0 C. A. 10th Cir. Certiorari denied.... Views: 3 Page 842 Court of Criminal Appeals of Texas. Certiorari denied.... Views: 0 Supreme Court of Michigan. Certiorari granted. The Solicitor General is invited to file a brief expressing the views of the United States.... Views: 0 Certiorari, 368 U. S. 924, to the Court of Appeals of New York. The motion of the Republic of Liberia for leave to file brief, as amicus curiae, is granted.... Views: 1 Supreme Court of Puerto Rico and Superior Court of Puerto Rico. Certiorari denied.... Views: 0 Supreme Court of Florida. Certiorari denied.... Views: 0 Page 844 368 U. S. 988; ante, p. 803; ante, p. 804; 368 U. S. 994; 368 U. S. 996; 368 U. S. 1002; and 368 U. S. 516. Petitions for rehearing denied.... Views: 1 C. A. 9th Cir. Certiorari denied.... Views: 0 Supreme Court of New Hampshire. Certiorari denied.... Views: 0 Page 850 The writ of certiorari is dismissed as improvidently granted. The Chief Justice and Mr. Justice Douglas dissent.... Views: 0 The petition for writ of certiorari is granted. The judgment of the United States Court of Appeals for the Second Circuit is vacated and the case is remanded to that court with instructions to dismiss the appeal. DiBella v. United States, 369 U. S. 121. ... Views: 0 Page 852 The appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.... Views: 0 The petition for writ of certiorari is granted. The judgment of the United States Court of Appeals for the Second Circuit is vacated and the case is remanded to that court with instructions to dismiss the appeal. DiBella v. United States, 369 U. S. 121. ... Views: 0 The petition for writ of certiorari is granted. The judgment of the United States Court of Appeals for the Third Circuit is vacated and the case is remanded to that court with instructions to dismiss the appeal. DiBella v. United States, 369 U. S. 121. Mr. Justice Black dissents. ... Views: 1
369 U.S. 404 (1962)
NATIONAL LABOR RELATIONS BOARD
v.
WALTON MANUFACTURING CO. ET AL.
No. 77.
Supreme Court of United States.
Argued March 19, 1962.
Decided April 9, 1962.[*]
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT.
*405 Norton J. Come argued the cause for petitioner in both cases. With him on the briefs were Solicitor General Cox, Stuart Rothman, Dominick L. Manoli... Views: 5 Certiorari, 365 U. S. 842, to the Supreme Court of Appeals of Virginia. This case is restored to the calendar for re-argument.... Views: 0 Certiorari, 366 U. S. 917, to the Supreme Court of Florida. This case is restored to the calendar for reargument.... Views: 0 C. A. 5th Cir. Certiorari denied.... Views: 0 *832Appeal from the United States District Court for the Southern District of California. (Probable jurisdiction noted, 365 U. S. 809.) This case is restored to the calendar for reargument. Thomas R. Davis argued the cause for appellee. With him on the brief was John W. Willis. Jacob Wasserman, David Carliner, Rowland Watts, Stephen J. Poliak and Osmond K. Fraenkel filed a brief for the American C... Views: 0 Page 864 Certiorari, 365 U. S. 866, to the United States Court of Appeals for the Seventh Circuit. This case is restored to the calendar for reargument.... Views: 0 Appeals from the Supreme Court of Texas. (Further consideration of the question of jurisdiction postponed to the hearing of the cases on the merits, 368 U. S. 809.) These eases are restored to the calendar for reargument. Reported below: 161 Tex. 349, 341 S. W. 2d 161.... Views: 0 Certiorari, 368 U. S. 817, to the United States Court of Appeals for the Fourth Circuit. This case is restored to the calendar for reargument.... Views: 0 Certio-rari, 368 U. S. 816, to the Court of Claims. This case is restored to the calendar for reargument.... Views: 0 Appeal from the United States District Court for the Western District of Missouri. (Probable jurisdiction noted, 368 U. S. 808.) This case is restored to the calendar for reargument.... Views: 0 Certiorari, 368 U. S. 886, to the United States Court of Appeals for the Sixth Circuit. This case is restored to the calendar for reargument.... Views: 0 *835Appeal from the Supreme Court of Louisiana. (Probable jurisdiction noted, 368 U. S. 809.) This case is restored to the calendar for reargument.... Views: 0 Page 865 *836C. A. 9th Cir. Certiorari granted. *837Reported below: 293 F. 2d 340.... Views: 0 Page 866 Supreme Court of California. Certiorari denied.... Views: 0 368 U. S.986; 368 U. S. 986; 368 U. S. 987; 368 U. S. 993; 368 U. S. 981; 368 U. S. 515; ante, p. 806; and ante, p. 801. Petitions for rehearing denied.... Views: 0 Supreme Court of Vermont. Certiorari denied.... Views: 0 C. A. 3d Cir. Certiorari denied.... Views: 2 Supreme Court of Washington. Certiorari denied. Reported below: 58 Wash. 2d 793, 365 P. 2d 1.... Views: 1 C. A. 4th Cir. Certiorari denied.... Views: 0 Appeal from the United States District Court for the Northern District of Georgia. The motion to remand is denied. Probable jurisdiction is noted.... Views: 0 Certiorari, 368 U. S. 946, to the United States Court of Appeals for the Seventh Circuit. The motion of petitioners to postpone oral argument is granted.... Views: 0 Upon the respondents’ suggestion of mootness, the petition for writ of certiorari is granted and the judgment of the Court of Appeals is vacated. The case is remanded to that court with instructions to dismiss the petition for review as moot. ... Views: 2 C. A. 7th Cir. Certiorari denied.... Views: 2 C. A. 2d Cir. Certio-rari denied.... Views: 0 United States Court of Appeals for the District of Columbia Circuit. Certiorari denied.... Views: 0 Page 878 The motion to dispense with printing the petition for certiorari is granted. Petition for writ of certiorari to the Court of Criminal Appeals of Texas denied.... Views: 0 Upon the suggestion of mootness and the joint motion of counsel to vacate and remand, the judgment of the Court of Appeals is vacated and the case remanded to the District Court with directions to dismiss the cause of action as to the respondents. Mr. Justice Frankfurter and Mr. Justice White took no part in the consideration or decision of this case. ... Views: 0
369 U.S. 423 (1962)
GENERAL FINANCE CORP.
v.
ARCHETTO.
No. 705.
Supreme Court of United States.
Decided April 16, 1962.
APPEAL FROM THE SUPREME COURT OF RHODE ISLAND.
Aram K. Berberian for appellant.
J. Joseph Nugent, Attorney General of Rhode Island, for appellee.
PER CURIAM.
The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question.
MR. JUSTICE BLAC... Views: 0 Page 879 The appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. Mr. Justice Frankfurter and Mr. Justice White took no part in the consideration or decision of this case.... Views: 0 Page 879 The motion to dismiss is granted and the appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. Mr. Justice Frankfurter and Mr. Justice White took no part in the consideration or decision of this case. ... Views: 0 In light of the concession by the Solicitor General and upon an examination of the entire record, the motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded to the District Court for resentencing. Mr. Justice Frankfurter and Mr. Justice White took no part in the consideration or decision of this case.... Views: 0 The motion to dismiss is granted and the appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. Mr. Justice Douglas is of the opinion that certiorari should be granted. Mr. Justice Frankfurter and Mr. Justice White took no part in the consideration or decision of this case. ... Views: 0
delivered the opinion of the Court.
This case concerns the deductibility as an expense for “medical care,” under § 213 of the Internal Revenue Code of 1954, 26 U. S. C. § 213, of rent paid by a taxpayer for an apartment in Florida, where he was ordered by his physician, as part of a regimen of medical treatment, to spend the winter months.
1
*500
The taxpayer, now dec... Views: 0 Page 884
369 U.S. 506 (1962)
CARNLEY
v.
COCHRAN, CORRECTIONS DIRECTOR.
No. 158.
Supreme Court of United States.
Argued February 20-21, 1962.
Decided April 30, 1962.
CERTIORARI TO THE SUPREME COURT OF FLORIDA.
By appointment of the Court, 368 U. S. 806, Harold A. Ward III argued the cause and filed briefs for petitioner.
James G. Mahorner, Assistant Attorney General of Florida, argued the cause for respond... Views: 6
369 U.S. 469 (1962)
DAIRY QUEEN, INC.,
v.
WOOD, U. S. DISTRICT JUDGE, ET AL.
No. 244.
Supreme Court of United States.
Argued February 19-20, 1962.
Decided April 30, 1962.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT.
*470 Michael H. Egnal argued the cause for petitioner. With him on the briefs was Wallace D. Newcomb.
Owen J. Ooms argued the cause for respondents. With hi... Views: 2
369 U.S. 482 (1962)
CALIFORNIA
v.
FEDERAL POWER COMMISSION ET AL.
No. 187.
Supreme Court of United States.
Argued March 1, 1962.
Decided April 30, 1962.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT.
William M. Bennett argued the cause and filed briefs for petitioner.
Solicitor General Cox argued the cause for the Federal Power Commission, respondent. With ... Views: 0 Page 910 concurring. If we were able to read the several opinions in the Michigan Supreme Court the way our Brother Harlan does, we would find much to persuade us that this case should not be remanded. But the state court opinions are not that clear to us. A careful reading of the opinions leaves us with the fixed impression that all but three members of the Michigan court were convinced that, whatever the... Views: 0
369 U.S. 463 (1962)
GOLDLAWR, INC.,
v.
HEIMAN ET AL.
No. 101.
Supreme Court of United States.
Argued March 19, 1962.
Decided April 30, 1962.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT.
Edwin P. Rome argued the cause and filed briefs for petitioner.
C. Russell Phillips argued the cause for Select Operating Corp. et al., respondents. With him on the briefs were Gerald S... Views: 1 delivered the opinion of the Court.
Tried and convicted in a Federal District Court for an offense against the United States, petitioner applied for leave to appeal his conviction to the Court of Appeals in forma pauperis. His application was denied. The case presents this question: What standard is to be applied by the lower federal courts in passing upon such applications? The articulation of a ... Views: 2 Page 931 Certiorari, 368 U. S. 974, to the District Court of Appeal of California, Second Appellate District. The motion of petitioner for leave to proceed further herein in forma pauperis is granted.... Views: 0 C. A. 3d Cir. Certiorari denied.... Views: 0 ante, p. 84; ante, p. 817; 368 U. S. 1004; and 368 U. S. 1005. Petitions for rehearing denied.... Views: 0 C. A. 7th Cir. Certiorari denied.... Views: 0 C. A. 5th Cir. Certiorari denied.... Views: 0 C. A. 2d Cir. Certiorari denied.... Views: 0 C. A. 2d Cir. Certiorari denied.... Views: 0 Page 933 Supreme Court of Pennsylvania. Certiorari denied.... Views: 0 C. A. 5th Cir. Certiorari denied.... Views: 0 C. A. 5th Cir. Certiorari denied.... Views: 0 Court of Claims. Certiorari denied.... Views: 0 On petitions for writs of certiorari to the United States Court of Appeals for the District of Columbia Circuit. The motion of Phillips Petroleum Company to correct and amend titles and captions is granted.... Views: 0 C. A. 7th Cir. Certiorari denied. Reported below: 297 F. 2d 39.... Views: 0 C. A. 6th Cir. Certiorari denied.... Views: 0 Page 935 United States Court of Appeals for the District of Columbia Circuit. Certiorari denied.... Views: 0 Court of Appeals of Ohio, Cuyahoga County. Cer-tiorari granted.... Views: 1 Supreme Court of Illinois. Certiorari denied.... Views: 0 C. A. 5th Cir. Certiorari denied.... Views: 0 Supreme Court of Puerto Rico. Motion of respondents to dispense with printing brief in opposition granted. Certiorari denied.... Views: 0 C. A. 3d Cir. Certiorari denied.... Views: 0 C. A. 2d Cir. Certiorari granted.... Views: 0 Appeal from the United States District Court for the Northern District of Ohio. Probable jurisdiction noted.... Views: 0 ante, p. 803. Rehearing denied. Mr. Justice White took no part in the consideration or decision of this application.... Views: 2 Page 947 Supreme Court of Washington. Certiorari denied.... Views: 0 United States Court of Appeals for the District of Columbia Circuit. Certiorari denied.... Views: 3 The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded for a hearing. Herman v. Claudy, 350 U. S. 116. Mr. Justice Frankfurter took no part in the consideration or decision of this case. ... Views: 0 Appellate Court of Illinois, Third District. Certiorari denied.... Views: 2 Supreme Court of Ohio. Certiorari denied.... Views: 0 Page 948 In accordance with the suggestion of the Solicitor General and upon consideration of the entire record, the motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The order of the Court of Appeals, insofar as it denies petitioner leave to proceed in forma pauperis, is vacated and the case is remanded to that court for further proceedings. Simcox v... Views: 1 C. A. 4th Cir. Certiorari denied.... Views: 0 C. A. 5th Cir. Certiorari denied.... Views: 0 C. A. 7th Cir. Certiorari denied.... Views: 0 C. A. 6th Cir. Certiorari denied.... Views: 0 Page 950 United States Court of Appeals for the District of Columbia Circuit. Certiorari denied.... Views: 0 C. A. 10th Cir. Certiorari denied.... Views: 1 C. A. 5th Cir. Certiorari denied.... Views: 0 Page 953 The appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. Mr. Justice Frankfurter took no part in the consideration or decision of this case.... Views: 0 The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question. Mr. Justice Frankfurter took no part in the consideration or decision of this case.... Views: 0 Page 955 delivered the opinion of the Court.
Petitioner David D. Beck contends that his conviction of grand larceny in the Superior Court of the State of Washington for King County is invalid under the Due Process and Equal Protection Clauses of the Fourteenth Amendment. This contention is based primarily on what is characterized as voluminous and continuous adverse publicity circulated by news media in th... Views: 2 Page 980 delivered the opinion of the Court.
This litigation began in a Georgia court when the respondents filed a common law action of ejectment against the petitioner, a Forest Service Officer of the United States Department of Agriculture.1 The basis *644for the suit was the respondents’ claim that they were the rightful owners of certain land occupied by the petitioner.2 The action was removed to a Fed... Views: 0 delivered the opinion of the Court. The Town of Hempstead has enacted an ordinance regulating dredging and pit excavating on property within its limits. Appellants, who engaged in such operations *591 prior to the enactment of the ordinance, claim that it in effect prevents them from continuing their business and therefore takes their property without due process of law in violation of the Fo... Views: 8 Page 992 Petitioner was convicted in an Ohio state court of assault with intent to kill and of cutting with intent to kill, wound or maim the same person. He immediately sought a writ of habeas corpus which was denied on the ground that appeal was the proper remedy. He then attempted to appeal, but this was denied as out of time and the Supreme Court of Ohio affirmed this denial. He unsuccessfully sought ... Views: 0 This is a civil antitrust suit by the Government challenging Diebold’s acquisition of the assets of the Herring-Hall-Marvin Safe Company as being violative of § 7 of the Clayton Act. On motion of Diebold the District Court entered summary judgment against the Government on the ground that the acquired firm was a “failing company” under the doctrine of International Shoe Co. v. Federal Trade Co... Views: 8 Page 997
369 U.S. 527 (1962)
VAUGHAN
v.
ATKINSON ET AL.
No. 323.
Supreme Court of United States.
Argued March 22, 1962.
Decided May 14, 1962.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT.
Jacob L. Morewitz argued the cause and filed a brief for petitioner.
Walter B. Martin, Jr. argued the cause for respondents. With him on the brief was Barron F. Black.
Opinion of the Court by M... Views: 5 announced the judgment of the Court and an opinion in which Mr. Justice Clark and Mr. Justice Stewart join. After a trial without a jury, petitioner was found guilty on all 18 counts of an indictment charging him with having violated 2 U. S. C. § 1921 by refusing to answer pertinent questions put to him on June 27,1958, by the Senate Select Committee on Improper Activities in the Labor or Manageme... Views: 0 C. A. 8th Cir. Certiorari denied.... Views: 0 Appeal from the Court of Appeals of New York. The motion of Goldstein & Goldstein et al. for leave to file brief, as amici curiae, is granted. Probable jurisdiction noted.... Views: 0 Page 1029 et al., ante, p. 429. The motion of the appellant for the immediate issuance of the mandate is denied.... Views: 0 Supreme Court of New Jersey. Cer-tiorari denied.... Views: 0 C. A. 9th Cir. Cer-tiorari denied.... Views: 3 United States Court of Customs and Patent Appeals. Certiorari denied.... Views: 0 C. A. 7th Cir. Certiorari denied.... Views: 0 C. A. 2d Cir. Certiorari denied.... Views: 0 C. A. 2d Cir. Certiorari denied.... Views: 0
369 U.S. 659 (1962)
HOHENSEE
v.
NEWS SYNDICATE, INC.
No. 214.
Supreme Court of United States.
Decided May 14, 1962.
ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT.
James C. Newton for petitioner.
Stuart N. Updike for respondent.
PER CURIAM.
The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded for considera... Views: 0 369 U.S. 659
82 S.Ct. 1035
8 L.Ed.2d 273
Adolph HOHENSEEv.NEW SYNDICATE, INC., etc.
No. 214.
Supreme Court of the United States
May 14, 1962
Rehearing Denied June 11, 1962.
See 370 U.S. 920, 82 S.Ct. 1552.
James C. Newton, for petitioner.
Stuart N. Updike, for respondent.
On Petition for Writ of Certiorari to the United States Court of Appea... Views: 0 Page 1035 The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded for consideration in light of Dairy Queen, Inc., v. Wood, ante, p. 469. Mr. Justice Frankfurter took no part in the consideration or decision of this case. ... Views: 1 Page 1036
369 U.S. 662 (1962)
GARRETT
v.
UNITED STATES.
No. 773, Misc.
Supreme Court of United States.
Decided May 14, 1962.
ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT.
Petitioner pro se.
Solicitor General Cox, Assistant Attorney General Miller, Beatrice Rosenberg and Robert G. Maysack for the United States.
PER CURIAM.
The motion for leave... Views: 1 Page 1036
369 U.S. 658 (1962)
TORRANCE
v.
CALLENIUS ET AL., MEMBERS OF THE IOWA BOARD OF CONTROL, ET AL.
No. 227, Misc.
Supreme Court of United States.
Decided May 14, 1962.
ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT.
PER CURIAM.
The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacate... Views: 0 Page 1036 The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded for consideration in light of Coppedge v. United States, ante, p. 438. Mr. Justice Clark and Mr. Justice Harlan dissent for the reasons stated in their dissenting opinion in the Coppedge case. Mr. Justice Frankfurter took no part in th... Views: 0 Page 1037
369 U.S. 658 (1962)
NEWLON
v.
BENNETT, WARDEN.
No. 1110, Misc.
Supreme Court of United States.
Decided May 14, 1962.
APPEAL FROM THE SUPREME COURT OF IOWA.
PER CURIAM.
The appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.
MR. JUSTICE FRANKFURTER took no part in the consideration or decision of this case.
... Views: 2 Page 1037 The motion to dismiss is granted and the appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. Mr. Justice Frankfurter took no part in the consideration or decision of this case. ... Views: 0 Page 1038 concurring. While I join the opinion of the Court, I think it is desirable to point out that in a majority of the six cases that we dispose of today no indictment, however drawn, could in my view be sustained under the requirements of the First Amendment. The investigation was concededly an investigation of the press. This was clearly brought out by the record in Shelton, wherein the following col... Views: 0 Page 1063
369 U.S. 705 (1962)
LYNCH
v.
OVERHOLSER, HOSPITAL SUPERINTENDENT.
No. 159.
Supreme Court of United States.
Argued January 15, 1962.
Decided May 21, 1962.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT.
Richard Arens argued the cause for petitioner. With him on the briefs was Rufus King.
Assistant Attorney General Marshall argued the cause for respondent. Wit... Views: 7
delivered the opinion of the Court.
Despite the seemingly complex factual composition of the two cases consolidated herein,
1
this opinion deals with a relatively simple question of taxation: The extent to which a taxpayer may deduct, through amortization under the Internal Revenue Code of 1939, the premium he has paid in purchasing corporate bonds. In 1953, prior to December 1,... Views: 0 Page 1089
delivered the opinion of the Court.
We are called upon to determine whether the Treasury-Regulations creating a right of survivorship in United States Savings Bonds pre-empt any inconsistent Texas community property law by virtue of the Supremacy Clause, Article VI, Clause 2, of the Constitution.
The petitioner is the widower of Mrs. Mary Ida Free, and the respondent is her son by a p... Views: 3 Page 1095
369 U.S. 698 (1962)
GUZMAN
v.
PICHIRILO.
No. 358.
Supreme Court of United States.
Argued March 27, 1962.
Decided May 21, 1962.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT.
Harvey B. Nachman argued the cause for petitioner. With him on the briefs was Max Goldman.
Seymour P. Edgerton argued the cause and filed briefs for respondent.
MR. JUSTICE CLARK delivered the opinion... Views: 4
delivered the opinion of the Court.
The Court of Appeals for the Fourth Circuit, with Chief Judge Sobeloff dissenting, refused to enforce an order of the National Labor Relations Board directing the respondent Washington Aluminum Company to reinstate and make whole seven employees whom the company had discharged for leaving their work in the machine shop without permission on claims that t... Views: 0 Page 1105
370 U.S. 41 (1962)
BEARD
v.
STAHR, SECRETARY OF THE ARMY, ET AL.
No. 648.
Supreme Court of United States.
Decided May 28, 1962.
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA.
Frederick Bernays Wiener for appellant.
Solicitor General Cox, Assistant Attorney General Orrick and John G. Laughlin, Jr. for appellees.
PER CURIAM.
The judgment of the District Court is vacated ... Views: 3
delivered the opinion of the Court.
Is it a violation of the duty “to bargain collectively” imposed by § 8 (a) (5) of the National Labor Relations Act
1
for an employer, without first consulting a union with which it is carrying on bona fide contract negotiations, to institute changes regarding matters which are subjects of mandatory bargaining under § 8 (d) and which are in fac... Views: 3 Page 1114
369 U.S. 689 (1962)
IN RE GREEN.
No. 312.
Supreme Court of United States.
Argued April 9, 1962.
Decided May 21, 1962.
CERTIORARI TO THE SUPREME COURT OF OHIO.
Merritt W. Green argued the cause for petitioner. With him on the briefs was Fred A. Smith.
Ben Neidlinger argued the cause for respondent. With him on the briefs was Harry Friberg.
MR. JUSTICE DOUGLAS delivered the opinion of the Court.
Pe... Views: 0
370 U.S. 31 (1962)
SALEM
v.
UNITED STATES LINES CO.
No. 283.
Supreme Court of United States.
Argued March 19, 1962.
Decided May 28, 1962.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT.
Robert Klonsky argued the cause for petitioner. With him on the briefs was Philip F. Di Costanzo.
Walter X. Connor argued the cause and filed briefs for respondent.
MR. JUSTICE BRENNAN del... Views: 2
delivered the opinion of the Court.
Fearing that the District Director of Internal Revenue for Mississippi would attempt to collect allegedly past due social security and unemployment taxes for the years 1953, 1954 and 1955, respondent, in late 1957, brought suit in the District Court, maintaining that it was not liable for the exactions and seeking an injunction prohibiting their collecti... Views: 3
delivered the opinion of the Court.
This is a treble damage suit brought under § 4 of the Clayton Act, 38 Stat. 731, 15 U. S. C. § 15, charging petitioners, Sunkist Growers, Incorporated, and The Exchange Orange Products Company, with conspiracy to restrain and monopolize interstate trade and commerce in citrus fruits and by-products and with actual monopolization thereof in violation of §... Views: 0 Page 1137 The application for review of the order of the Circuit Justice denying bail pending appeal is denied.... Views: 0 368 U. S. 984. The motion for leave to file petition for rehearing is denied. Mr. Justice White took no part in the consideration or decision of this application.... Views: 0 ante, p. 355 ; ante, p. 400; ante, p. 828; ante, p. 830; ante, p. 841; and ante, p. 854. Petitions for rehearing denied. Mr. Justice White took no part in the consideration or decision of these applications.... Views: 0 C. A. 6th Cir. Certiorari denied.... Views: 2 Page 1139 The motion to dispense with printing the petition for certiorari is granted. Petition for writ of certiorari to the Supreme Court of Ohio denied.... Views: 0 United States Court of Appeals for the District of Columbia Circuit. Certiorari denied.... Views: 1 C. A. 1st Cir. Certiorari denied.... Views: 0 The motion to correct title and caption to show Union Bank as a party respondent is granted. Petition for writ of certio-rari to the Supreme Court of California denied.... Views: 0 C. A. 7th Cir. Certiorari denied.... Views: 0 C. A. 9th Cir. Certiorari denied.... Views: 0 Supreme Court of South Carolina. Certiorari granted.... Views: 0 Page 1141 Supreme Court of Errors of Connecticut. Certiorari denied.... Views: 0 Supreme Court of Pennsylvania. Certiorari denied.... Views: 0 C. A. 7th Cir. Certiorari denied.... Views: 0 C. A. 4th Cir. Certiorari denied.... Views: 0 C. A. 2d Cir. Certiorari denied.... Views: 1 Supreme Court of California. Certiorari denied.... Views: 0 C. A. 9th Cir. Certiorari denied.... Views: 0 The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question. Mr. Justice Frankfurter took no part in the consideration or decision of this case. ... Views: 2 Appeal from the United States District Court for the Eastern District of Pennsylvania. Probable jurisdiction noted.... Views: 0 Page 1156 The appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. Mr. Justice Frankfurter took no part in the consideration or decision of this case. ... Views: 0 ante, p. 849; ante, p. 843; and ante, p. 853. Petitions for rehearing denied. Mr. Justice White took no part in the consideration or decision of these applications.... Views: 0 Appeal from the United States District Court for the Northern District of Georgia. Further consideration of the question of jurisdiction is postponed until a hearing of the case on the merits. Counsel are requested to brief and argue, in addition to the merits, the question of this Court’s jurisdiction on direct appeal under 28 U. S. C. § 1253; see 28 U. S. C. § 2281; cf. Kesler v. Department of P... Views: 0 Court of Claims. Certiorari denied.... Views: 0 United States Court of Appeals for the District of Columbia Circuit. Certiorari denied.... Views: 1 C. A. 9th Cir. Certiorari denied.... Views: 0 Motion to strike respondent’s brief and petition for writ of certiorari to the Court of Common Pleas of Schuylkill County, Pennsylvania, denied.... Views: 0 Page 1158 Court of Civil Appeals of Texas, Third Supreme Judicial District. Cer-tiorari denied.... Views: 0 Page 1159 United States Court of Appeals for the District of Columbia Circuit. Certiorari denied.... Views: 0 The petition for writ of certiorari to the Supreme Court of Georgia is granted limited to the question of whether the Supreme Court of Georgia erred as stated in Questions (d), (h) and (i) of the petition which read as follows:
“(d) In holding that it was illegal for the Petitioner to carry a placard in front of the construction job containing the statement: ‘S. J. Curry & Company, Inc., violating... Views: 0 C. A. 2d Cir. Certiorari granted.... Views: 0 C. A. 4th Cir. Certiorari denied.... Views: 0 C. A. 2d Cir. Certiorari denied.... Views: 0 C. A. 7th Cir. Certiorari denied.... Views: 0 C. A. 5th Cir. Certiorari denied.... Views: 0 Page 1162 Court of Appeals of Georgia. Certiorari denied.... Views: 0 Page 1162 Supreme Court of Pennsylvania. Certiorari denied.... Views: 0 Page 1162 Court of Customs and Patent Appeals. Certiorari denied.... Views: 0 Court of Appeals of New York. Certiorari denied.... Views: 0 The motion to dismiss is granted and the appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. Mr. Justice Frankfurter took no part in the consideration or decision of this case. ... Views: 0 Page 1167 The motion to dismiss is granted and the appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. Mr. Justice Douglas dissents. Mr. Justice Frankfurter took no part in the consideration or decision of this case. ... Views: 0 Upon the Solicitor General’s suggestion of mootness and upon an examination of the entire record, the motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment of the Court of Appeals is vacated and the case is remanded to that court with directions to dismiss the proceedings upon the ground that the case is moot. Mr. Justice Frankfurter t... Views: 0
370 U.S. 76 (1962)
LEHIGH VALLEY COOPERATIVE FARMERS, INC., ET AL.
v.
UNITED STATES ET AL.
No. 79.
Supreme Court of United States.
Argued January 17-18, 1962.
Decided June 4, 1962.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT.
Willis F. Daniels argued the cause for petitioners. With him on the briefs was Donn L. Snyder.
Alan S. Rosenthal argued the cause for the United S... Views: 1 Page 1188
Petitioners, six Negroes, were convicted of violating Louisiana’s breach-of-the-peace statute, La. Rev. Stat., 1950, § 14:103.1,
1
and were given fines and jail terms by
*155
the state court. The Louisiana Supreme Court declined to review their convictions, and the case is here on petition for a writ of certiorari which we have granted.
Four of the six petitioners w... Views: 2 Page 1190
delivered the opinion of the Court.
These cases involve the tax consequences of a transfer of appreciated property by Thomas Crawley Davis
1
to his former wife pursuant to a property settlement agreement executed prior to divorce, as well as the deduct-ibility of his payment of her legal expenses in connection therewith. The Court of Claims upset the Commissioner’s determination... Views: 4
370 U.S. 114 (1962)
CALBECK, DEPUTY COMMISSIONER, BUREAU OF EMPLOYEES' COMPENSATION,
v.
TRAVELERS INSURANCE CO. ET AL.
No. 532.
Supreme Court of United States.
Argued April 23, 1962.
Decided June 4, 1962.[*]
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT.
Solicitor General Cox argued the cause for petitioners. With him on the briefs were Assistant Attorney General Orrick, ... Views: 1 Page 1209
370 U.S. 49 (1962)
GALLEGOS
v.
COLORADO.
No. 475.
Supreme Court of United States.
Argued April 9, 1962.
Decided June 4, 1962.
CERTIORARI TO THE SUPREME COURT OF COLORADO.
Charles S. Vigil argued the cause and filed briefs for petitioner.
J. F. Brauer, Jr., Assistant Attorney General of Colorado, argued the cause for respondent. With him on the brief were Duke W. Dunbar, Attorney General, and Fran... Views: 7 Page 1218
370 U.S. 139 (1962)
LANZA
v.
NEW YORK.
No. 236.
Supreme Court of United States.
Argued April 2, 1962.
Decided June 4, 1962.
CERTIORARI TO THE COURT OF APPEALS OF NEW YORK.
Leo Pfeffer and Jacob D. Fuchsberg argued the cause and filed briefs for petitioner.
H. Richard Uviller argued the cause for respondent. With him on the briefs was Frank S. Hogan.
MR. JUSTICE STEWART delivered the opinion of th... Views: 4 with whom The Chief Justice and Mr. Justice Black concur, dissenting. The District Court found that the libellants were injured in 1957 as a result of a release into the hold of a “shot” of grain that completely closed the hatch opening, which was the only source of ventilation for the hold in which they wTere working. This grain had been treated by chemicals for weevil infestation; and the noxiou... Views: 2
delivered the opinion of the Court.
This case raises the question of whether benefits paid by the United States Veterans’ Administration retain their exempt status under 38 U. S. C. § 3101 (a)
1
after being
*160
deposited in an account in a federal savings and loan association. Petitioner, an incompetent Air Force veteran, had suffered a judgment at the hands of res... Views: 0 On January 11, 1962, the three-judge District Court dismissed the complaint alleging violation of the Constitution of the United States by New York State’s constitutional and statutory provisions governing apportionment of State Senate and Assembly Districts. 202 F. Supp. 741. The three judges filed separate opinions, no two of which supported the judgment of dismissal on identical grounds. One op... Views: 0 delivered the opinion of the Court.
In San Diego Building Trades Council v. Garmon, 359 U. S. 236, this Court held that the proper administration of the federal labor law requires state courts to relinquish jurisdiction not only over those controversies actually found to be within the jurisdiction of the National Labor Relations Board, but also over litigation arising from activities which might a... Views: 1 The motion of the appellee to dismiss under Rule 14 (2) is granted and the appeal is dismissed.... Views: 0 Appeal from the United States District Court for the Southern District of New York. Probable jurisdiction noted.... Views: 2 Appeal from the Supreme Court of Kansas. Probable jurisdiction noted. Mr. Justice White took no part in the consideration or decision of this case.... Views: 0 Page 1248 369 U. S. 429; 369 U. S. 858; and 369 U. S. 862. Petitions for rehearing denied.... Views: 0 Page 1249 United States Court of Appeals for the District of Columbia Circuit. Certiorari denied. Mr. Justice Black is of the opinion that cer-tiorari should be granted, the judgment of the Court of Appeals reversed and the case remanded to the District Court for a jury trial.... Views: 0 On petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit. The motion of Western Natural Gas Company for leave to file a brief, as amicus curiae, is granted.... Views: 0 Court of Claims. Certiorari denied.... Views: 0 C. A. 2d Cir. Certiorari denied.... Views: 0 Page 1250 Supreme Court of New Jersey. Certiorari denied. Mr. Justice Brennan took no part in the consideration or decision of this application.... Views: 0 Supreme Court of Pennsylvania. Certiorari denied.... Views: 0
370 U.S. 157 (1962)
CREEK NATION
v.
UNITED STATES.
No. 124.
Supreme Court of United States.
Argued April 24, 1962.
Decided June 4, 1962.
CERTIORARI TO THE COURT OF CLAIMS.
Paul M. Niebell argued the cause and filed briefs for petitioner.
Ralph A. Barney argued the cause for the United States. With him on the briefs were Solicitor General Cox, Richard J. Medalie, Roger P. Marquis and Hugh Nugent.
... Views: 0 The motion to dismiss is granted and the appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. Mr. Justice Frankfurter took no part in the consideration or decision of this case. ... Views: 0 The motion to dismiss is granted and the appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. Mr. Justice Frankfurter took no part in the consideration or decision of this case. ... Views: 0 Cer-tiorari, 368 U. S. 817, to the United States Court of Appeals for the Ninth Circuit. This case is restored to the calendar for reargument.... Views: 3 Page 1254 Henry R. Shields, Esquire, of New York, New York, having resigned as a member of the Bar of this Court, it is ordered that his name be stricken from the roll of attorneys admitted to practice in this Court.... Views: 0 369 U. S. 861; 369 U. S. 526; and 369 U. S. 865. Petitions for rehearing denied.... Views: 0 C. A. 6th Cir. Certiorari granted.... Views: 0 Page 1255 Certiorari, 369 U. S. 869, to the United States Court of Appeals for the Second Circuit. The motion of the respondent for leave to proceed in forma pauperis is granted.... Views: 0 United States Court of Appeals for the District of Columbia Circuit. Certiorari denied.... Views: 0 C. A. 2d Cir. Certiorari denied.... Views: 0 Court of Appeals of New York. Certiorari denied.... Views: 0 C. A. 9th Cir. Certiorari denied.... Views: 0 C. A. 8th Cir. Certiorari denied.... Views: 0 United States Court of Appeals for the District of Columbia Circuit. Cer-tiorari denied.... Views: 1 Page 1257 Supreme Court of Illinois. Certiorari denied.... Views: 0 Court of Claims. Certiorari denied.... Views: 2 United States Court of Appeals for the District of Columbia Circuit. Certiorari denied.... Views: 0 C. A. 6th Cir. Certiorari denied.... Views: 1 Court of Appeals of New York. Certiorari denied.... Views: 0 Page 1259 Court of Appeals of New York. Cer-tiorari denied.... Views: 0 Page 1261 delivered the opinion of the Court.
The respondent Board of Education of Union Free School District No. 9, New Hyde Park, New York, acting in its official capacity under state law, directed the School District’s principal to cause the following prayer to be said aloud by each class in the presence of a teacher at the beginning of each school day:
“Almighty God, we acknowledge our dependence upon T... Views: 0 Page 1277
370 U.S. 269 (1962)
RUDOLPH ET UX.
v.
UNITED STATES.
No. 396.
Supreme Court of United States.
Argued April 3, 1962.
Decided June 18, 1962.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT.
Richard A. Freling argued the cause for petitioners. With him on the briefs was Felix Atwood.
John B. Jones, Jr. argued the cause for the United States. With him on the briefs were Solicit... Views: 1 Page 1287
The judgment is reversed.
Russell
v.
United States,
369 U. S. 749. The indictment upon which the petitioner was tried was identical to those held defective in
Russell.
The petitioner’s timely motion to dismiss the indictment, made in accord with Fed. Rules Crim. Proc. 12 (b)(2), was erroneously denied by the District Court.
Although the trial court squarely... Views: 3 Page 1288
370 U.S. 230 (1962)
IN RE McCONNELL.
No. 498.
Supreme Court of United States.
Argued April 10, 1962.
Decided June 18, 1962.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT.
Thomas C. McConnell, petitioner, argued the cause and filed briefs pro se.
Philip R. Monahan argued the cause for the United States. With him on the brief were Solicitor General Cox and Assistant Attor... Views: 2
370 U.S. 711 (1962)
CHAUFFEURS, TEAMSTERS AND HELPERS LOCAL UNION No. 795 ET AL.
v.
YELLOW TRANSIT FREIGHT LINES, INC., ET AL.
No. 13.
Supreme Court of United States.
Argued October 11, 1961.
Decided June 25, 1962.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT.
David Previant argued the cause and filed briefs for petitioners.
Malcolm Miller argued the cause for respondent... Views: 0
The petitioner is in the business of selling bottled wines and liquors for export from the United States and delivery to international airline passengers at their overseas destinations. Upon advice of the Attorney General of New York, the State Liquor Authority informed the petitioner that its business was illegal under the provisions of the New York Alcoholic Beverage Control Law. The petition... Views: 4
370 U.S. 607 (1962)
CENTRAL RAILROAD COMPANY OF PENNSYLVANIA
v.
PENNSYLVANIA.
No. 400.
Supreme Court of United States.
Argued March 20, 1962.
Decided June 25, 1962.
APPEAL FROM THE SUPREME COURT OF PENNSYLVANIA.
*608 Roy J. Keefer argued the cause and filed briefs for appellant.
George W. Keitel, Deputy Attorney General of Pennsylvania, argued the cause for appellee. With him on the briefs was Da... Views: 2 Page 1297 The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment of the United States Court of Appeals for the Sixth Circuit is vacated and the case is remanded to the United States District Court for the Eastern District of Michigan for a hearing on the merits of the petitioner’s application for a writ of habeas corpus. After an examination ... Views: 1 delivered the opinion of the Court.
This is a direct appeal1 from a judgment dismissing the Government’s Section 2 (a) Clayton Act2 suit in which it sought an injunction against the selling of fluid milk products by the appellees, The Borden Company and Bowman Dairy Company, at prices which discriminate between independently owned grocery stores and grocery store chains. The District Court in an u... Views: 0
delivered the opinion of the Court.
The respondent company employs at its refinery in East Chicago, Indiana, approximately 1,700 men, for whom the petitioning international union and its local are bargaining agents, and 24 of whom are also petitioners here. In early February 1959, the respondent company docked three of its employees at the East Chicago refinery a total of $2.19. On Februar... Views: 4
370 U.S. 195 (1962)
SINCLAIR REFINING CO.
v.
ATKINSON ET AL.
No. 434.
Supreme Court of United States.
Argued April 18, 1962.
Decided June 18, 1962.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT.
*196 George B. Christensen argued the cause for petitioner. With him on the briefs were Fred H. Daugherty and Richard W. Austin.
Gilbert A. Cornfield argued the cause for respon... Views: 3
370 U.S. 254 (1962)
DRAKE BAKERIES INCORPORATED
v.
LOCAL 50, AMERICAN BAKERY & CONFECTIONERY WORKERS INTERNATIONAL, AFL-CIO, ET AL.
No. 598.
Supreme Court of United States.
Argued April 18, 1962.
Decided June 18, 1962.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT.
*255 Robert Abelow argued the cause for petitioner. With him on the briefs were Horace S. Manages and M... Views: 4 Page 1354 delivered the opinion of the Court.
A grand jury returned an indictment charging the National Dairy Products Corporation with engaging “in a combination and conspiracy to eliminate price competition in the sale of milk in the Greater Kansas City market in unreasonable restraint of . . . trade and commerce, in violation of Section 1” of the Sherman Act, 15 U. S. C. § 1. Two counts incorporated by r... Views: 2 Page 1364 delivered the opinion of the Court.
We granted certiorari to consider the scope of the constitutional protection to be enjoyed by persons when the publication of their thoughts and opinions is alleged to be in conflict with the fair administration of justice in state courts. The petitioner, an elected sheriff in Bibb County, Georgia, contends that the Georgia courts, in holding him in contempt of ... Views: 4 delivered the opinion of the Court. When we held in United States v. South-Eastern Underwriters Assn., 322 U. S. 533, that the modern business of insurance was “interstate commerce,” we put it in a category which Congress could regulate and which, if our prior decisions controlled, could not in some respects be regulated by the States, even in absence of federal regulation. See Frankfurter, The Co... Views: 0 Page 1386
370 U.S. 626 (1962)
LINK
v.
WABASH RAILROAD CO.
No. 422.
Supreme Court of United States.
Argued April 3, 1962.
Decided June 25, 1962.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT.
*627 Jay E. Darlington argued the cause and filed briefs for petitioner.
John F. Bodle argued the cause for respondent. With him on the briefs were Roger D. Branigin and George T. Schilling.
... Views: 7 Page 1399
delivered the opinion of the Court.
Petitioner, an accountant whose business included acting for others in federal income tax matters, was charged in a thirty-five-count indictment with violations of 26 U. S. C. § 7206 (2), 18 U. S. C. § 1001, and 18 U. S. C. § 495, in that he had allegedly falsified his clients’ returns (§ 7206 (2)), forged their endorsements on government tax-refund chec... Views: 2
delivered the opinion of the Court.
This is a private treble damage action under the antitrust laws.
1
Continental Ore Company, a partnership,
*692
and its individual partners, who were plaintiffs in the trial court, are petitioners here.
2
Henry J. Leir, the principal party in Continental, had engaged in the buying and selling of metals, including vanadi... Views: 5 Page 1417
370 U.S. 660 (1962)
ROBINSON
v.
CALIFORNIA.
No. 554.
Supreme Court of United States.
Argued April 17, 1962.
Decided June 25, 1962.
APPEAL FROM THE APPELLATE DEPARTMENT, SUPERIOR COURT OF CALIFORNIA, LOS ANGELES COUNTY.
Samuel Carter McMorris argued the cause and filed briefs for appellant.
William E. Doran argued the cause for appellee. With him on the brief were Roger Arnebergh and Philip E. Gre... Views: 13 announced the judgment of the Court and an opinion in which Mr. Justice Stewart joins.
This case draws in question a ruling of the Post Office Department, sustained both by the District Court and the Court of Appeals, 110 U. S. App. D. C. 78, 289 F. 2d 455, barring from the mails a shipment of petitioners’ magazines. That ruling was based on alternative determinations that the magazines (1) were t... Views: 4 Page 1459 with whom The Chief Justice joins,
concurring in the result.
I cannot agree to the unnecessary overruling of Ex parte Bakelite Corp., 279 U. S. 438 (1929), and Williams v. United States, 289 U. S. 553 (1933). Both were unanimous opinions by most distinguished Courts,1 headed in the Bakelite case by Chief Justice Taft and in Williams by Chief Justice Hughes.
Long before Glidden v. Zdanok was filed,... Views: 0
370 U.S. 294 (1962)
BROWN SHOE CO., INC.,
v.
UNITED STATES.
No. 4.
Supreme Court of United States.
Argued December 6, 1961.
Decided June 25, 1962.
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MISSOURI.
*296 Arthur H. Dean argued the cause for appellant. With him on the briefs were Robert H. McRoberts, Henry N. Ess III and Dennis C. Mahoney.
Solicitor General Cox argued... Views: 4 C. A. 9th Cir. Certiorari denied.... Views: 0 369 U. S. 659; 369 U. S. 865; 369 U. S. 868; 369 U. S. 875; and 369 U. S. 868. Petitions for rehearing denied.... Views: 0 Court of Civil Appeals of Texas, Ninth Supreme Judicial District. Certiorari denied.... Views: 0 Supreme Court of Louisiana. Certiorari denied.... Views: 0 C. A. 2d Cir. Certiorari granted.... Views: 0 C. A. 2d Cir. Certiorari granted.... Views: 0 C. A. 2d Cir. Certiorari denied.... Views: 0 Court of Appeals of New York. Certiorari granted.... Views: 0 Supreme Court of Louisiana. Certiorari denied.... Views: 0 Page 1554 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 Supreme Court of Pennsylvania. Certiorari denied.... Views: 0 C. A. 9th Cir. Certiorari denied.... Views: 0 Page 1556 Court of Criminal Appeals of Texas. Certiorari denied.... Views: 3 C. A. 5th Cir. Certiorari denied.... Views: 0 Court of Claims. Certiorari denied.... Views: 0 C. A. 5th Cir. Certio-rari denied.... Views: 0 Appeals from the United States District Court for the District of Massachusetts. Probable jurisdiction noted. Mr. Justice White took no part in the consideration or decision of these cases. Reported below: 202 F. Supp. 830.... Views: 0 C. A. 7th Cir. Certiorari denied.... Views: 0 C. A. 7th Cir. Certiorari denied.... Views: 1 Page 1558 C. A. 9th Cir. Certiorari denied. Mr. Justice White took no part in the consideration or decision of this application.... Views: 0 Page 1559 United States Court of Appeals for the District of Columbia Circuit. Certiorari denied. The Chief Justice and Mr. Justice Black are of the opinion that certiorari should be granted.... Views: 0 United States Court of Appeals for the District of Columbia Circuit. Certiorari granted.... Views: 0 Page 1560 The judgment is reversed. Russell v. United States, 369 U. S. 749. Mr. Justice Clark and Mr. Justice Harlan dissent for the reasons stated in their dissenting opinions in Russell v. United States, 369 U. S. 749, 779, 781. Mr. Justice Frankfurter took no part in the consideration or decision of this case. Mr. Justice White took no part in the decision of this case. ... Views: 0 Page 1560 The appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. Mr. Justice Frankfurter took no part in the consideration or decision of this case.... Views: 0 Page 1560 In accordance with the suggestion of the Solicitor General and upon consideration of the entire record, the motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded for reconsideration in the light of Ellis v. United States, 356 U. S. 674, and Coppedge v. United States, 369 U. S. 438. Mr. Justic... Views: 0 The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question. See National Leather Co. v. Massachusetts, 277 U. S. 413. Mr. Justice Frankfurter took no part in the consideration or decision of this case.... Views: 0 Supreme Court of Georgia. Certiorari denied.... Views: 0 Page 1561 The appeal is dismissed. Mr. Justice Frankfurter took no part in the consideration or decision of this case.... Views: 0 Page 1561 The appeal is dismissed. Mr. Justice Frankfurter took no part in the consideration or decision of this case.... Views: 0 United States Court of Appeals for the District of Columbia Circuit. Certiorari denied. Mr. Justice Douglas is of the opinion that certiorari should be granted.... Views: 0 C. A. 5th Cir. Certiorari denied. Mr. Justice Black is of the opinion that certiorari should be granted.... Views: 0 Page 1562 The petition for writ of certiorari is granted. The judgment of the United States Court of Appeals for the Third Circuit is vacated and the case is remanded to the United States District Court for the District of New Jersey with instructions to remand it to the Immigration and Naturalization Service with directions to reopen the proceeding and to afford petitioner an opportunity to seek relief un... Views: 0 Page 1562 The appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. Mr. Justice Frankfurter took no part in the consideration or decision of this case.... Views: 0 United States Court of Appeals for the District of Columbia Circuit. Certiorari denied.... Views: 0 Page 1563 The motion to dismiss is granted and the appeal is dismissed. Mr. Justice Frankfurter took no part in the consideration or decision of this case.... Views: 0 C. A. 7th Cir. Certiorari denied. Mr. Justice Douglas is of the opinion that certiorari should be granted. Reported below: 299 F. 2d 511.... Views: 0 Page 1564 C. A. 7th Cir. Certiorari denied. Mr. Justice White took no part in the' consideration or decision of this petition.... Views: 0 Page 1564 Appeal from the United States District Court for the Northern District of Georgia. Probable jurisdiction noted. Motion to advance denied. Mr. Justice Harlan would note probable jurisdiction and deny the motion to advance, with leave to the appellants to apply to this Court for a stay of the injunction order of the District Court pending determination of this appeal.... Views: 0 United States Court of Appeals for the District of Columbia Circuit. Certiorari denied.... Views: 0 C. A. 5th Cir. Certiorari denied.... Views: 0 C. A. 7th Cir. Certiorari denied.... Views: 0 Court of Appeals of New York. Certiorari denied.... Views: 0 C. A. 4th Cir. Certiorari denied.... Views: 0 C. A. 9th Cir. Certio-rari denied. Reported below: 304 F. 2d 437.... Views: 0 Page 1572 The judgment is reversed. United States v. Wise, ante, p. 405. Mr. Justice Frankfurter took no part in the consideration or decision of this case.... Views: 0 Page 1572 The judgment is reversed. United States v. Wise, ante, p. 405. Mr. Justice Frankfurter took no part in the consideration or decision of this case.... Views: 0 Page 1572 The appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. Mr. Justice Frankfurter took no part in the consideration or decision of this case.... Views: 0 Page 1573 The motions for leave to proceed in forma pauperis are granted. On motion of the Solicitor General and upon an examination of the entire record, the petitions for writs of certiorari are granted, the judgments are vacated, and the causes are remanded to the United States District Court for the District of New Jersey with directions to dismiss the indictments. Mr. Justice Black, Mr. Justice Do... Views: 2 The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question. Mr. Justice Frankfurter took no part in the consideration or decision of this case.... Views: 0 Page 1574 The motion for leave to proceed in forma pauperis, the motion for leave to supplement the petition for certiorari and the petition for writ of certiorari are granted. The judgment is reversed. Russell v. United States, 369 U. S. 749; Silber v. United States, ante, p. 717. Mr. Justice Frankfurter and Mr. Justice White took no part in the consideration or decision of this case. Mr. Ju... Views: 0 The appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied. Mr. Justice Frankfurter took no part in the consideration or decision of this case. ... Views: 0 Page 1574 The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. Upon the suggestion of the Solicitor General and an examination of the entire record, the judgment of the United States Court of Appeals for the Fifth Circuit is vacated and the case is remanded to that court for further proceedings in which the petitioner is to be accorded the opportunity t... Views: 1 Page 1575 The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. Upon the suggestion of the Solicitor General and an examination of the entire record, the judgment is vacated and the ease is remanded to the Coürt of Appeals for further proceedings. Coppedge v. United States, 369 U. S. 438. Mr. Justice Frankfurter took no part in the consideration or d... Views: 2 Page 1575 369 U. S. 541; ante, p. 19; ante, p. 31; 369 U. S. 527; ante, p. 49; and 368 U. S. 989. Petitions for rehearing denied. Mr. Justice White took no part in the consideration or decision of these applications.... Views: 0 Page 1576 Supreme Court of Illinois. Certiorari granted.... Views: 0 Page 1576 Supreme Court of North Carolina. Certiorari granted.... Views: 0 369 U. S. 599. Petition for rehearing denied. Mr. Justice Black and Mr. Justice White took no part in the consideration or decision of this application.... Views: 0 Page 1577 368 TJ. S. 837. The motion for leave to file petition for rehearing is denied. Mr. Justice White took no part in the consideration or decision of this application.... Views: 0 Supreme Court of South Carolina. Certiorari granted.... Views: 0 Page 1577 Court of Appeals of Maryland. Certiorari granted.... Views: 2 C. A. 2d Cir. Certiorari denied.... Views: 0 C. A. 2d Cir. Certiorari denied.... Views: 0 Page 1579 Supreme Court of Louisiana. Certiorari granted.... Views: 0 Page 1579 Certiorari, 368 U. S. 815, to the Supreme Court of California. This case is restored to the calendar for reargument.... Views: 0 Page 1579 Certiorari, 368 U. S. 816, to the United States Court of Appeals for the Seventh Circuit. This case is restored to the calendar for reargument.... Views: 0 Court of Appeals of Alabama. Certiorari granted.... Views: 0 Court of Appeals of Alabama. Certiorari granted.... Views: 0 Page 1580 United States Court of Customs and Patent Appeals. Certiorari denied.... Views: 0 Page 1580 Supreme Court of Georgia. Certiorari granted.... Views: 0 Certiorari, 369 U. S. 847, to the United States Court of Appeals for the Second Circuit. The motion of John G. Street, Jr., for leave to file brief, as amicus curiae, is granted.... Views: 0 C. A. 9th Cir. Certiorari denied.... Views: 0 C. A. 8th Cir. Certiorari denied.... Views: 0 Appeal from the United States District Court for the Eastern District of Pennsylvania (probable jurisdiction noted, 369 U. S. 883); and Appeal from the United States District Court for the Eastern District of New York. The motions to advance are denied.... Views: 0 Page 1581 ante, p. 903; ante, p. 1; ante, p. 154; 369 U. S. 885; 369 U. S. 887; ante, p. 905; and ante, p. 905. Petitions for rehearing denied.... Views: 0 C. A. 6th Cir. - Certiorari denied.... Views: 0 Appeal from the United States District- Court for the District of New Jersey. Probable jurisdiction noted.... Views: 0 C. A. 2d Cir. Certiorari denied.... Views: 0 C. A. 3d Cir. Certiorari denied.... Views: 0 Page 1585 The motion to dispense with printing the petition for certiorari is granted. The petition for writ of certiorari to the United States Court of Appeals for the Second Circuit is denied.... Views: 0 Page 1585 The motion of Dr. Bernard Diamond et al. for leave to file brief, as amici curiae, is granted. The petition for writ of certiorari to the United States Court of Appeals for the Second Circuit is denied. Mr. Justice White took no part in the consideration or decision of this motion and petition.... Views: 0 Supreme Court of Washington. Certiorari denied.... Views: 0 C. A. 9th Cir. Certiorari granted. The Chief Justice took no part in the consideration or decision of this petition.... Views: 2 The motion of Memphis Citizens’ Council for leave to file brief, as amicus curiae, is granted. The petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit is denied.... Views: 0 Supreme Court of Puerto Rico. Certiorari denied.... Views: 0 Court of Appeals of New York. Certiorari granted.... Views: 0 Appeal from the Superior Court of Rhode Island. Probable jurisdiction noted.... Views: 0 Page 1587 Certiorari, ante, p. 908, to the Supreme Court of Florida. The motion for the appointment of counsel is granted and it is ordered that Abe Fortos, Esquire, of Washington, D. C., a member of the Bar of this Court, be, and he is hereby, appointed to serve as counsel for petitioner in this case.... Views: 0 On petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit. The motion of RKO General Phonevision Company to be named a party respondent is granted.... Views: 0 Supreme Court of Texas. Certiorari denied.... Views: 0 C. A. 2d Cir. Certiorari denied.... Views: 0 Petition for writ of certiorari to the Supreme Court of Iowa denied in light of the representations of the State Attorney General as to the adequacy of state remedies.... Views: 0 United States Court of Appeals for the District of Columbia Circuit. Certiorari denied.... Views: 1 Page 1592 Supreme Court of Illinois. Certiorari denied.... Views: 5 Page 1603 United States Court of Appeals for the District of Columbia Circuit. Cer-tiorari denied.... Views: 0 Supreme Court of Appeals of Virginia. Certiorari denied.... Views: 0 | ||||||||||||||||||||||
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