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. Cer No. 715. OKLAHOMA ET AL. v. UNITED STATES. tiorari, 329 U. S. 711, to the Circuit Court of Appeals for 331 U.S. Decisions Per Curiam, Etc. the Tenth Circuit. Argued April 28, 29, 1947. Decided May 19, 1947. Per Curiam: The judgment is affirmed. Oklahoma v. Texas, 258 U. S. 574; Brewer Oil Co. v. United States, 260 U. S. 77. Mac Q. Williamson, Attorney General, argued the cause for the State of Oklahoma, and Nathan Scarritt argued the cause for the Champlin Refining Company, petitioners. With them on the brief were Harry O. Glasser and E. S. Champlin. Stanley M. Silverberg argued the cause for the United States. With him on the brief were Acting Solicitor General Washington, Assistant Attorney General Bazelon, Roger P. Marquis and Fred W. Smith. Edward F. Arn, Attorney General of Kansas, filed a brief for that State, as amicus curiae, urging reversal. Reported below: 156 F. 2d 769. No. 1161. TIMES-MIRROR CO. ET AL. v. NATIONAL LABOR RELATIONS BOARD. On petition for writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit. May 19, 1947. Per Curiam: The petition for writ of certiorari is granted. The judgment is vacated and the cause is remanded with directions to make findings of fact. Cf. Virginian R. Co. v. United States, 272 U. S. 658, 675; Rule 52 of the Federal Rules of Civil Procedure. Elisha Hanson, T. B. Cosgrove and John N. Cramer for petitioners. Acting Solicitor General Washington, Gerhard P. Van Arkel, Morris P. Glushien and Ruth Weyand for respondent. No. 141, Misc. ROBINSON v. SHELBOURNE, JUDGE. May 19, 1947. Application denied. No. 793. UNITED STATES V. MICHENER. Certiorari, 329 U. S. 711, to the Circuit Court of Appeals for the Decisions Per Curiam, Etc. 331 U.S. Eighth Circuit. Argued April 30, 1947. Decided June 2, 1947. Per Curiam: Reversed. Blockburger v. United States, 284 U. S. 299; Albrecht v. United States, 273 U. S. 1; Gavieres v. United States, 220 U. S. 338. MR. JUSTICE DOUGLAS, MR. JUSTICE MURPHY, and MR. JUSTICE RUTLEDGE share the view of the Circuit Court of Appeals, 157 F. 2d 616, that this case is controlled by the principles announced in Morgan v. United States, 294 F. 82, 84; Tritico v. United States, 4 F. 2d 664, and Goetz v. United States, 39 F. 2d 903, and accordingly would affirm the judgment below. W. Marvin Smith argued the cause for the United States. With him on the brief were Acting Solicitor General Washington, Robert S. Erdahl and Irving S. Shapiro. Roger Kent argued the cause and filed a brief for respondent. Reported below: 157 F. 2d 616. Nos. 1286 and 1370. SPEARS v. SPEARS. Appeals from the Supreme Court of Michigan. June 2, 1947. Per Curiam: The appeals are dismissed for want of jurisdiction. § 237 (a), Judicial Code, as amended, 28 U. S. C. § 344 (a). 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. Appellant pro se. George A. Sutton for appellee. No. 1309. CORN PRODUCTS REFINING Co. v. UNITED STATES ET AL. Appeal from the District Court of the United States for the Northern District of Illinois. June 2, 1947. Per Curiam: The motion to affirm is granted and the judgment is affirmed. United States v. American Sheet & Tin Plate Co., 301 U. S. 402; United States v. Wabash R. Co., 321 U. S. 403. Ernest S. Ballard and 331 U.S. Decisions Per Curiam, Etc. Parker McCollester for appellant. Acting Solicitor General Washington and Daniel W. Knowlton for the United States and the Interstate Commerce Commission, appellees. Reported below: 69 F. Supp. 869. No. 1334. No. 1335. No. 1336. No. 1341. UNITED STATES v. WHEELBARGER; UNITED STATES v. LEWIN; and UNITED STATES v. SAGNER. Appeals from the District Court of the United States for the District of Oregon. June 2, 1947. Per Curiam: The judgments are reversed. United States v. Palletz, 330 U. S. 812, and authorities cited. Acting Solicitor General Washington for the United States. Reported below: No. 1341, 71 F. Supp. 52. No. 1344. HUMBLE OIL & REFINING Co. v. RAILROAD COMMISSION OF TEXAS ET AL.; and No. 1345. WILLIAMS ET AL. v. RAILROAD COMMISSION OF TEXAS ET AL. Appeals from the Court of Civil Appeals, 3d Supreme Judicial District, of Texas. June 2, 1947. Per Curiam: The motion to affirm is granted and the judgments are affirmed. J. A. Rauhut, Nelson Jones, Norman L. Meyers, Rex G. Baker and R. E. Seagler for appellant in No. 1344. Dan Moody for Williams et al., appellants in No. 1345. Price Daniel, Attorney General of Texas, and Fagan Dickson, First Assistant Attorney General, for the Railroad Commission of Texas et al., and James P. Hart for Ashcroft et al., appellees. Reported below: 193 S. W. 2d 824. No.. BAUER v. CLARK, ATTORNEY GENERAL OF THE UNITED STATES. June 2, 1947. The application for the appointment of counsel is denied. |