368 U.S. HARLAN, J., dissenting. total rental and wages? Would either of these changed circumstances have ousted the Commission of authority to hold the contracts to be "for-hire" carriage? Indeed, the Court's decision goes far to encourage the Commission to obliterate entirely the congressionally drawn distinction between private and contract carriage. It will be interesting to see as time goes on whether there will be an aftermath to this decision similar to that which followed the blurring of the line between common and contract motor carriers effected by the Court's decision in United States v. Contract Steel Carriers, 350 U. S. 409. See I. C. C. v. J-T Transport Co., supra, at 107-109 (dissenting opinion). I would affirm. NATIONAL LABOR RELATIONS BOARD v. ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT. No. 35. Decided January 15, 1962. Certiorari granted; judgment reversed and case remanded to the Court of Appeals to enter judgment affirming and enforcing a cease-and-desist order of the National Labor Relations Board as consented to by respondent-without deletion of references to other labor organizations. Reported below: 281 F. 2d 797. Former Solicitor General Rankin, Solicitor General Cox, Stuart Rothman, Dominick L. Manoli and Norton J. Come for petitioner. PER CURIAM. 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 decree enforcing said order. The Court of Appeals, sua sponte, struck the words "or any other labor organization of its employees" wherever they appeared in the Board's order. 281 F. 2d 797. The judgment of the Court of Appeals is reversed and the case is remanded with directions that a judgment be entered which affirms and enforces the Board order. Labor Board v. Ochoa Fertilizer Corp., ante, p. 318. MR. JUSTICE DOUGLAS dissents. NATIONAL LABOR RELATIONS BOARD v. LAS VEGAS SAND & GRAVEL CORP. ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT. No. 38. Decided January 15, 1962. Certiorari granted; judgment reversed and case remanded to the Court of Appeals to enter judgment affirming and enforcing a cease-and-desist order of the National Labor Relations Board as consented to by respondent-without deletion of references to other labor organizations. Reported below: 283 F. 2d 26. Solicitor General Rankin, Stuart Rothman, Dominick L. Manoli and Norton J. Come for petitioner. PER CURIAM. 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 enforcing said order. The Court of Appeals, sua sponte, struck the references to "any other labor organization" wherever they appeared in the Board's order. 283 F. 2d 26. The judgment of the Court of Appeals is reversed and the case is remanded with directions that a judgment be entered which affirms and enforces the Board order. Labor Board v. Ochoa Fertilizer Corp., ante, p. 318. MR. JUSTICE DOUGLAS dissents. NATIONAL LABOR RELATIONS BOARD v. LOCAL 476, UNITED ASSOCIATION OF JOURNEYMEN OF THE PLUMBING AND PIPEFITTING INDUSTRY, AFL-CIO, ET al. ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT. No. 39. Decided January 15, 1962. Certiorari granted; judgment reversed and case remanded to the Court of Appeals to enter judgment affirming and enforcing a ceaseand-desist order of the National Labor Relations Board-without deletion of references to other employers and other persons. Reported below: 280 F. 2d 441; 283 F. 2d 26. Solicitor General Rankin, Stuart Rothman, Dominick L. Manoli and Norton J. Come for petitioner. Martin F. O'Donoghue for respondents. PER CURIAM. In The petition for a writ of certiorari is granted. unfair labor practice proceedings before the National Labor Relations Board respondents did not except to the terms of an order directing 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 employer" where an object is to force or require the named employer "or any other employer or person" to cease doing business with a named primary contractor. The Court of Appeals in enforcement proceedings modified the order, among other ways, by striking the references to "any other employer” and to "any other employer or person." 283 F. 2d 26. The judgment of the Court of Appeals is reversed and the case is remanded with directions that a judgment be entered which affirms and enforces the Board order after restoring these deleted provisions. Labor Board v. Cheney California Lumber Co., 327 U. S. 385; § 10 (e), 49 Stat. 454, as amended, 29 U. S. C. § 160 (e). See also Labor Board v. Ochoa Fertilizer Corp., ante, p. 318. HODGE v. IOWA. APPEAL FROM THE SUPREME COURT OF IOWA. No. 149, Misc. Decided January 15, 1962. Appeal dismissed and certiorari denied. Reported below: 252 Iowa 449, 105 N. W. 2d 613. Appellant pro se. Evan Hultman, Attorney General of Iowa, for appellee. PER CURIAM. 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. |