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313 U.S.

Decisions Per Curiam, Etc.

v. Swing, 312 U. S. 321. Mr. Edward C. Maguire for petitioners. Hyman Wohl and Louis Platzman, pro se. Reported below: 284 N. Y. 788; 31 N. E. 2d 765.

No. 1063. PEARL ASSURANCE CO., LTD., ET AL. v. HARRINGTON, COMMISSIONER OF INSURANCE. Appeal from the District Court of the United States for the District of Massachusetts. June 2, 1941. Per Curiam: The judgment is affirmed. MR. JUSTICE FRANKFURTER took no part in the consideration and decision of this case. Mr. Basil O'Connor for appellants. Reported below: 38 F. Supp. 411.

No. 1066. DARNALL TRUCKING CO., INC., ET AL. V. SIMPSON, STATE ROAD COMMISSIONER, ET AL. Appeal from the Supreme Court of Appeals of West Virginia. June 2, 1941. Per Curiam: The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question. Maurer v. Hamilton, 309 U. S. 598. Messrs. Robert G. Kelly and Edmund M. Brady for appellants. Messrs. Clarence W. Meadows, Attorney General of West Virginia, and Robert S. Spilman for appellees. Reported below: 122 W. Va. 656; 12 S. E. 2d 516.

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No. 1067. ALROPA CORPORATION V. KIRCHWEHM. peal from the Supreme Court of Ohio. June 2, 1941. Per Curiam: The motion to dismiss is granted and the appeal is dismissed for want of a properly presented substantial federal question. (1) Godchaux Co. v. Estopinal, 251 U.S. 179; Rooker v. Fidelity Trust Co., 261 U. S. 114, 117; Herndon v. Georgia, 295 U. S. 441, 443; (2) Zadig v. Baldwin, 166 U. S. 485, 488; Live Oak Water Users' Assn. v. Railroad Commission, 269 U. S. 354, 357-358; (3) Kryger v. Wilson, 242 U. S. 171, 176; Finney v. Guy, 189 U. S. 335,

Decisions Per Curiam, Etc.

313 U.S.

340; Johnson v. New York Life Ins. Co., 187 U. S. 491, 496. Mr. Sigmund H. Steinberg for appellant. Mr. Aloys C. Link for appellee. Reported below: 138 Ohio St. 30; 33 N. E. 21 655.

No.. EX PARTE WALTER WISNIEWSKI. June 2, 1941. Application denied.

No. original. EX PARTE CLEIO HULL. June 2, 1941. The motion for leave to file petition for writ of habeas corpus is denied.

No. 14, original. HOLIDAY V. JOHNSTON, WARDEN. June 2, 1941. Paragraph numbered 3 on page 4 of the opinion is amended to read as follows:

"The respondent insists that the petition was premature if the petitioner's claim that he was denied the assistance of counsel is without merit, but the contention is pressed only if we find that no question as to such denial is presented."

The first sentence of the last paragraph on page 6 is amended to read as follows:

"Finally, the sanction by Rule 53 of the Rules of Civil Procedure of references to masters does not aid in the decision of the question presented."

Opinion reported as amended, ante, p. 342.

No. 32.

FIDELITY UNION TRUST CO. ET AL., EXECUTORS, v. FIELD. June 2, 1941. The motion for leave to file a second petition for rehearing is granted. 311 U. S. 730.

313 U.S.

Decisions Granting Certiorari.

DECISIONS

GRANTING

CERTIORARI, FROM

APRIL 1, 1941, THROUGH JUNE 2, 1941.

No. 697. WHITE v. JOHNSTON, WARDEN. See ante, p. 538.

No. 449. VERNON V. ALABAMA. See ante, p. 540.

No. 761. CRENSHAW v. UNITED STATES. See post, p. 596.

No. 796.

GLASSER V. UNITED STATES;
KRETSKE V. UNITED STATES; and

No. 797. No. 798. ROTH V. UNITED STATES. April 7, 1941. On consideration of the suggestion of a diminution of the record and motion for a writ of certiorari in that relation, the motion for a writ of certiorari is granted. The petitions for writs of certiorari to the Circuit Court of Appeals for the Seventh Circuit are granted. Messrs. Homer Cummings and William D. Donnelly for petitioner in No. 796. Mr. Edward M. Keating for petitioner in No. 797. Mr. Alfred E. Roth, pro se. Solicitor General Biddle, Assistant Attorney General Berge, and Messrs. George F. Kneip, Fred E. Strine, and W. Marvin Smith for the United States. Mr. Ralph M. Snyder filed a brief, as amicus curiae, in support of petitioner in No. 796. Reported below: 116 F. 2d 690.

No. 781. CLOVERLEAF BUTTER Co. v. PATTERSON, COMMISSIONER OF AGRICULTURE AND INDUSTRIES OF ALABAMA, ET AL. April 7, 1941. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit granted. Messrs. Horace C. Wilkinson and Erle Pettus for petitioner. Messrs. Thomas L. Lawson, Attorney General

Decisions Granting Certiorari.

313 U.S.

of Alabama, and William H. Loeb, Assistant Attorney General, for respondents. Reported below: 116 F. 2d 227.

No. 803. UNITED STATES V. EMORY ET AL. April 7, 1941. Petition for writ of certiorari to the Springfield Court of Appeals, of Missouri, granted. Solicitor General Biddle for the United States. Reported below: 143 S. W. 2d 318.

No. 817. ROYAL INDEMNITY Co. v. UNITED STATES. April 7, 1941. Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit granted. Messrs. Harry S. Hall and Nathaniel E. Wheeler for petitioner. Solicitor General Biddle for the United States. Reported below: 116 F. 2d 247.

No. 853. UNITED STATES v. A. S. KREIDER CO. April 14, 1941. Petition for writ of certiorari to the Circuit Court of Appeals for the Third Circuit granted. Solicitor General Biddle for the United States. Mr. Donald Horne for respondent. Reported below: 117 F. 2d 133.

No. 863. CITY OF NEW YORK v. FEIRING, TRUSTEE IN BANKRUPTCY. April 14, 1941. Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit granted. Messrs. William C. Chanler, Paxton Blair, and Sol Charles Levine for petitioner. Mr. Benjamin Siegel for respondent. Reported below: 118 F. 2d 329.

No. 833. PIERCE v. UNITED STATES. April 14, 1941. Petition for writ of certiorari to the Circuit Court of Appeals for the Sixth Circuit granted. MR. JUSTICE BLACK

313 U.S.

Decisions Granting Certiorari.

took no part in the consideration or decision of this application. Mr. L. E. Gwinn for petitioner. Solicitor General Biddle, Assistant Attorney General Berge, and Messrs. George F. Kneip, Fred E. Strine, and W. Marvin Smith for the United States. Reported below: 115 F. 2d 399.

No. 851. CUNO ENGINEERING CORPORATION v. AUTOMATIC DEVICES CORPORATION. April 14, 1941. Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit granted, limited to the question whether claims 2, 3, and 11, of the Mead patent No. 1,736,544 are valid. Mr. Roberts B. Larson for petitioner. Reported below: 117 F. 2d 361.

No. 826. UNITED STATES v. KALES. April 28, 1941. Petition for writ of certiorari to the Circuit Court of Appeals for the Sixth Circuit granted. MR. CHIEF JUSTICE HUGHES took no part in the consideration and decision of this application. Solicitor General Biddle for the United States. Mr. Hal H. Smith for respondent. Reported below: 115 F. 2d 497.

No. 827. ODOM ET AL. v. UNITED STATES. See ante, p. 544.

No. 903. UNITED STATES V. PINK, SUPERINTENDENT OF INSURANCE, ET AL. May 5, 1941. Petition for writ of certiorari to the Supreme Court of New York granted. MR. JUSTICE REED and MR. JUSTICE MURPHY took no part in the consideration and decision of this application. Solicitor General Biddle for the United States. Mr. John M. Downes for respondents. Mr. Albert G. Avery filed a brief on behalf of Frederick H. Cattley et al.,

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