No. 817, Misc. BARRETT v. SMYTH, SUPERINTENDENT, VIRGINIA STATE PENITENTIARY. Supreme Court of Appeals of Virginia. Certiorari denied.

No. 819, Misc. WILLIS v. MISSOURI. Supreme Court of Missouri. Certiorari denied. Reported below: 328 S. W. 2d 593.

No. 982, Misc. BUTLER v. NEW JERSEY. Supreme Court of New Jersey. Certiorari denied. Sam Weiss for petitioner.

Rehearing Denied.

No. 2. ABEL, ALIAS MARK, ALIAS COLLINS, ALIAS GOLDFUS, V. UNITED STATES, ante, p. 217; and

No. 690. PORTER ET AL. v. OKLAHOMA BACONE COLLEGE TRUST ET AL., ante, p. 927. Petitions for rehearing denied.

No. 100. ORDER OF RAILROAD TELEGRAPHERS ET AL. v. CHICAGO & NORTH WESTERN RAILWAY Co., ante, p. 330. The motion of the Bureau of Information of the Eastern Railways et al. for leave to file brief, as amici curiae, in support of petition for rehearing is granted. Petition for rehearing denied.

Dismissal Under Rule 60.

No. 465. RODRIGUEZ V. NEW YORK. Certiorari, 361 U. S. 812, to the Appellate Division of the Supreme Court of New York, First Judicial Department. Writ of certiorari dismissed pursuant to stipulation of counsel under Rule 60 of the Rules of this Court. Walter Gellhorn for petitioner. Frank S. Hogan for respondent.

No. 59. THOMPSON V. CITY OF LOUISVILLE ET AL., ante, p. 199. The motion to tax costs is denied. Louis Lusky and Marvin H. Morse for petitioner. John B. Breckinridge, Attorney General of Kentucky, and Troy D. Savage, Assistant Attorney General, for respondents.

No. 436. CORY CORPORATION ET AL. v. SAUBER. Certiorari, 361 U. S. 899, to the United States Court of Appeals for the Seventh Circuit. The motions of the petitioners and respondent for leave to file supplemental memoranda are granted. Edwin A. Rothschild and Stanford Clinton for petitioners. Solicitor General Rankin for respondent. Reported below: 266 F. 2d 58, 267 F. 2d 802.

No. 23, Misc. IN RE DISBARMENT OF ALKER. It having been reported to the Court that Harry J. Alker, Jr., of Philadelphia, Pennsylvania, has been disbarred from the practice of the law by the Supreme Court of Pennsylvania; and this Court by order of June 15, 1959 [360 U. S. 908], having suspended the said Harry J. Alker, Jr., from the practice of the law in this Court and directed that a rule issue requiring him to show cause why he should not be disbarred;

And it appearing that the said rule was duly issued and served upon the respondent who has filed a return thereto; now, upon consideration of the rule to show cause and the return aforesaid;

IT IS ORDERED that the said Harry J. Alker, Jr., be, and he is hereby, disbarred, and that his name be stricken from the roll of attorneys admitted to practice in this Court. William J. Woolston for respondent.

No. 46, Misc. RAMIREZ v. ATTORNEY GENERAL OF THE UNITED STATES ET AL.;

No. 728, Misc. SPADER v. MYERS, SUPERINTENDENT OF STATE PENITENTIARY; and

No. 821, Misc. GERALDON v. UNITED STATES. Motions for leave to file petitions for writs of habeas corpus denied. Petitioners pro se. Solicitor General Rankin, Acting Assistant Attorney General Ryan, Harold H. Greene and William A. Kehoe, Jr. for respondents in No. 46, Misc.

No. 884, Misc. IN RE PERALES. Motion for leave to file petition for writ of habeas corpus and for other relief denied. Treating the papers submitted as a petition for writ of certiorari, certiorari is denied.

No. 788. SAM FOX PUBLISHING CO., INC., ET AL. v. UNITED STATES ET AL. Appeal from the United States District Court for the Southern District of New York. Further consideration of the question of jurisdiction is postponed to the hearing of the case on the merits. MR. JUSTICE CLARK took no part in the consideration or decision of this case. Charles A. Horsky for appellants. Solicitor General Rankin, Acting Assistant Attorney General Bicks and Charles H. Weston for the United States, and Arthur H. Dean, Howard T. Milman, Herman Finkelstein, Lloyd N. Cutler and David H. Horowitz for the American Society of Composers, Authors and Publishers, appellees. Reported below: F. Supp.

Probable Jurisdiction Noted.

No. 781.

UNITED STATES v. E. I. DU PONT DE NEMOURS & Co. ET AL. Appeal from the United States District Court for the Northern District of Illinois. Probable jurisdiction noted. MR. JUSTICE CLARK and MR. JUSTICE HARLAN took no part in the consideration or decision of

this case. Solicitor General Rankin, Acting Assistant Attorney General Bicks, Philip Elman, John F. Davis and Charles H. Weston for the United States. John Lord O'Brian, Hugh B. Cox, Charles A. Horsky and Daniel M. Gribbon for E. I. du Pont de Nemours and Co., Leo F. Tierney, Robert L. Stern, Henry M. Hogan and Robert A. Nitschke for General Motors Corp., Wilkie Bushby and Philip C. Scott for Christiana Securities Co. et al., appellees. Reported below: 177 F. Supp. 1.

No. 810. POE ET AL. v. ULLMAN, STATE'S ATTORNEY; and

No. 811. BUXTON V. ULLMAN, STATE'S ATTORNEY. Appeals from the Supreme Court of Errors of Connecticut. Probable jurisdiction noted. MR. JUSTICE FRANKFURTER took no part in the consideration or decision of these cases. Fowler V. Harper for appellants. Reported below: 147 Conn. 48, 156 A. 2d 508.

No. 845. BRAUNFELD ET AL. v. GIBBONS, COMMISSIONER OF POLICE OF THE CITY OF PHILADELPHIA, ET AL. Appeal from the United States District Court for the Eastern District of Pennsylvania. Probable jurisdiction noted. Stephen B. Narin and Marvin Garfinkel for appellants. David Berger for Gibbons et al., and Arthur Littleton for the Pennsylvania Retailers' Association, appellees. Reported below: 184 F. Supp. 352.

Certiorari Granted. (See also No. 295, ante, p. 628.)

No. 961, Misc. ATCHLEY V. CALIFORNIA. Motion for leave to proceed in forma pauperis and petition for writ of certiorari to the Supreme Court of California granted. Case transferred to the appellate docket. The execution of the sentence of death imposed on the petitioner is stayed pending the decision of this Court and the issuance of the mandate thereon. Rosalie S. Asher for petitioner. Stan

541680 O-60-50

ley Mosk, Attorney General of California, and Doris H. Maier, Deputy Attorney General, for respondent. Reported below: 53 Cal. 2d 160, 346 P. 2d 764.

Certiorari Denied. (See also No. 884, Misc., supra.)

No. 678. ROSCHUNI ET AL. v. COMMISSIONER OF INTERNAL REVENUE. C. A. 5th Cir. Certiorari denied. Llewellyn A. Luce for petitioners. Solicitor General Rankin, Assistant Attorney General Rice and A. F. Prescott for respondent. Reported below: 271 F.2d 267.

No. 782. AIR LINE STEWARDS AND STEWARDESSES ASSOCIATION, INTERNATIONAL, AFL-CIO, v. TRANS WORLD AIRLINES, INC. C. A. 2d Cir. Certiorari denied. Ruth Weyand for petitioner. Edward R. Neaher for respondent. Reported below: 273 F. 2d 69.

No. 831. EULE v. EULE. Supreme Court of Wisconsin. Certiorari denied. William E. Glassner, Jr. for petitioner. John A. Wittig for respondent. Reported below: 9 Wis. 2d 115, 100 N. W. 2d 554.

No. 836. AUGUS, ADMINISTRATRIX, ET AL. V. STICHMAN, TRUSTEE. C. A. 2d Cir. Certiorari denied. Joseph S. Lord III and Seymour I. Toll for petitioners. William W. Golub for respondent. Reported below: 273 F. 2d 707.

No. 838. BUCCIFERRO v. UNITED STATES. C. A. 7th Cir. Certiorari denied. Maurice J. Walsh for petitioner. Solicitor General Rankin, Assistant Attorney General Wilkey, Beatrice Rosenberg and Robert G. Maysack for the United States. Reported below: 274 F. 2d 540.

v.

No. 843. FOWLER V. SMISER ET AL. C. A. 10th Cir. Certiorari denied. Ruth E. Moran, John C. Moran, Edith G. McKinney and James R. McKinney for petitioner. Reported below: 274 F. 2d 335.