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Decisions Per Curiam, Etc.

331 U.S.

No. 1143. UNITED STATES v. MT. CLEMENS POTTERY Co. ET AL. April 14, 1947. Petition for writ of certiorari to the Circuit Court of Appeals for the Sixth Circuit dismissed on motion of counsel for the petitioner. Attorney General Clark for the United States. Reported below:

149 F.2d 461.

No. 512. RALEY ET AL., TRADING AS RALEY'S FOOD STORE, v. FLEMING, TEMPORARY CONTROLS ADMINISTRACertiorari, 329 U. S. 705, to the United States Court of Appeals for the District of Columbia. April 28, 1947. Motion to vacate order of this Court substituting Fleming for Porter denied.

No. 1223. CHELTENHAM & ABINGTON SEWERAGE Co. V. PENNSYLVANIA PUBLIC UTILITY COMMISSION. Appeal from the Supreme Court of Pennsylvania; and

No. 1230. NEWTON OIL Co. v. BOCKHOLD ET AL. Appeal from the Supreme Court of Colorado. April 28, 1947. Per Curiam: The motions to dismiss are granted and the appeals are dismissed. Treating the papers whereon the appeals were allowed as petitions for writs of certiorari as required by § 237 (c) of the Judicial Code, as amended, 28 U. S. C. § 344 (c), certiorari is denied. George Henry Huft for appellant in No. 1223. Max P. Zall for appellant in No. 1230. Charles E. Thomas, Samuel Graff Miller and William McKelvy Rutter for appellee in No. 1223. Henry E. Lutz for appellees in No. 1230. Reported below: No. 1223, 355 Pa. 377, 49 A. 2d 707; No. 1230, 115 Colo. 510, 176 P.2d 904.

No. 1224. MOTOR HAULAGE CO., INC. v. UNITED STATES ET AL. Appeal from the District Court of the United

331 U.S.

Decisions Per Curiam, Etc.

States for the Eastern District of New York. April 28, 1947. Per Curiam: The motions to affirm are granted and the judgment is affirmed. Parker McCollester for appellant. Acting Solicitor General Washington, Daniel W. Knowlton and J. Stanley Payne for the United States et al., appellees. H. Lauren Lewis for the Regular Common Carrier Conference, American Trucking Associations, appellee. Reported below: 70 F. Supp. 17.

No. 132, Misc. EX PARTE MCMAHAN. April 28, 1947. Application denied.

No. 134, Misc. EX PARTE GRAMLICH. April 28, 1947. The motion for leave to file petition for writ of habeas corpus is denied.

No. 135, Misc. MITCHELL V. NEBLETT, JUDGE. April 28, 1947. The motion for leave to file petition for writ of mandamus is denied. Petitioner pro se. Acting Solicitor General Washington for respondent.

No. 85. TRAIL MOBILE COMPANY ET AL. v. WHIRLS. April 28, 1947. Order entered amending opinion. Opinion reported as amended, 331 U. S. 40.

No. 1104.

TRUDELL V. MISSISSIPPI; and

No. 1105. LEWIS v. MISSISSIPPI. Appeals from and petitions for writs of certiorari to the Supreme Court of Mississippi. May 5, 1947. Per Curiam: The appeals are dismissed and the petitions for writs of certiorari are

Decisions Per Curiam, Etc.

331 U.S.

denied. MR. JUSTICE MURPHY and MR. JUSTICE RUTLEDGE are of the opinion that the petitions for certiorari should be granted. MR. JUSTICE DOUGLAS took no part in the consideration or decision of these cases. Thurgood Marshall for appellants-petitioners. Reported below: No. 1104, 28 So. 2d 124; No. 1105, 28 So. 2d 122.

No. 136, Misc. PORESKY V. FORD, U. S. DISTRICT JUDGE. May 5, 1947. The motion for leave to file a petition for writ of mandamus is denied.

No. 1095. FLEMING, TEMPORARY CONTROLS ADMINISTRATOR, ET AL. v. MOBERLY MILK PRODUCTS Co. May 5, 1947. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia dismissed on motion of counsel for the petitioner. Acting Solicitor General Washington and Carl A. Auerbach for petitioner. Reported below: 82 U. S. App. D. C., 160 F. 2d 259.

No. 1051. HEALTH-MOR, INC. v. PORTER, PRICE ADMINISTRATOR. See post, p. 821.

No. 1346. FRANCIS v. RESWEBER, SHERIFF. On petition for writ of certiorari to the Supreme Court of Louisiana; and

No. 140, Misc. FRANCIS v. RESWEBER, SHERIFF, et al. On motion for leave to file petition for writ of habeas corpus. May 8, 1947. The petition for leave to file an original petition for writ of habeas corpus is denied for reasons set forth in Ex parte Hawk, 321 U. S. 114. view of the grave nature of the new allegation set forth

In

331 U.S.

Decisions Per Curiam, Etc.

in this petition, the denial is expressly without prejudice to application to proper tribunals. MR. JUSTICE MURPHY is of opinion that the petition should be granted. The petition for writ of certiorari and the application for stay are denied. MR. JUSTICE RUTLEDGE is of the opinion that the application in No. 140, Misc. should be treated as a petition for rehearing in No. 142 of October Term, 1946, 329 U. S. 459; so regarded, the petition should be granted; the judgment in No. 142 should be vacated; and that cause remanded to the Supreme Court of Louisiana for further proceedings to determine the issues of fact presented by the petition. MR. JUSTICE DOUGLAS took no part in the consideration or decision of these applications.

No. 940. HILL PACKING Co. v. CITY OF NEW YORK ET AL. Appeal from the Court of Appeals of New York. May 12, 1947. Per Curiam: The judgment is affirmed. Rice v. Board of Trade of Chicago, 331 U. S. 247. MR. JUSTICE REED and MR. JUSTICE RUTLEDGE agree only that probable jurisdiction should be noted. Arnold J. Brock for appellant. Reported below: 296 N. Y. 668, 69 N. E. 2d 821.

No. 1294. DOBBS v. MISSISSIPPI. Appeal from the Supreme Court of Mississippi. May 12, 1947. Per Curiam: The appeal is dismissed. Treating the papers whereon the appeal was allowed as a petition for writ of certiorari as required by § 237 (c) of the Judicial Code, as amended, 28 U. S. C. § 344 (c), certiorari is denied. Ex parte Hawk, 321 U. S. 114; Mooney v. Holohan, 294 U. S. 103. MR. JUSTICE MURPHY is of the opinion that certiorari should be granted. Forrest B. Jackson and S. D. Redmond for appellant. Reported below: 29 So. 2d 84.

Decisions Per Curiam, Etc.

331 U.S.

No. 11, original. GEORGIA V. PENNSYLVANIA RAILROAD Co. ET AL. May 12, 1947. Upon consideration of the motion of the State of Alabama for leave to file petition of intervention, the opposition thereto, and the Special Report of the Special Master thereon, the motion is denied. A. A. Carmichael, Attorney General, and Claud D. Scruggs, Assistant Attorney General, for the State of Alabama. John Dickinson, Robert V. Fletcher and Hugh B. Cox for the Pennsylvania Railroad Co. et al., and William L. Grubbs, J. N. Flowers, Elmer A. Smith, W. R. C. Cocke, William H. Swiggart and S. R. Prince for the Atlantic Coast Line Railroad Co. et al., defendants.

No. 137, Misc. EX PARTE MCMAHAN. May 12, 1947. The motion for leave to file a petition for writ of mandamus is denied.

No. 138, Misc. MACBLAIN v. BURKE, WARDEN. May 12, 1947. The motion for leave to file a petition for writ of habeas corpus is denied.

No. 139, Misc. EX PARTE REASOR. May 12, 1947. The motion for leave to file a petition for writ of certiorari is denied.

No. 1241. FISHER V. NEW YORK. May 12, 1947. Petition for writ of certiorari to the County Court of Kings County, New York, dismissed on motion of the petitioner.

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No. 715. OKLAHOMA ET AL. v. UNITED STATES. tiorari, 329 U. S. 711, to the Circuit Court of Appeals for

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