dose of salts and washed it down with sweet cider; he got in his car and drove to Parson's Yard, the switching yard of the defendant, and had a bowel movement at the roundhouse. He then got on his engine and maneuvered it to track twelve, where it was coupled on to a train scheduled for Walbridge Yard at Toledo. While sitting in his engine waiting for his air brake test, he had an urgent call of nature and 'had to go quick.' He dismounted from his locomotive cab to go to a toilet a short distance west. A long train of empties passed between him and the object of his immediate attention. He could not wait for this train to pass and went to No. 8 switch track and climbed into a low-sided gondola car to answer his call of nature. While thus engaged, a yard crew switched two cars into No. 8 switch track. These cars came in contact with the car ahead of plaintiff's car and it likewise came in contact with plaintiff's car. The gondola car in which plaintiff had taken his position was loaded with steel plates and when the cars made contact the plates shifted, caught plaintiff's right leg and crushed it so that a few days later, it had to be amputated."

On these facts I do not think the accident was a reasonably foreseeable consequence of any act or omission of the railroad. I therefore dissent.

No. 892. MOUSHON V. NATIONAL GARAGES, INC. Appeal from the Supreme Court of Illinois. Per Curiam: The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question. Robert G. Day for appellant. Thomas C. Angerstein, Sidney Z. Karasik, Paul R. Connolly and Charles T. Shanner for appellee. Reported below: 9 Ill. 2d 407, 137 N. E. 2d 842.

No. 883. UNITED STEELWORKERS OF AMERICA v. GALLAND-HENNING MANUFACTURING Co. On petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit. Per Curiam: The petition for writ of certiorari is granted, the judgment is reversed on the authority of Textile Workers Union of America v. Lincoln Mills of Alabama, 353 U. S. 448, decided June 3, 1957, and the cause is remanded to the Court of Appeals. MR. JUSTICE BURTON, with whom MR. JUSTICE HARLAN joins, concurs in the result in this case for the reasons set forth in his concurrence in Textile Workers v. Lincoln Mills, 353 U. S., at 459. MR. JUSTICE FRANKFURTER dissents on the grounds of his dissenting opinion in Textile Workers v. Lincoln Mills, 353 U. S., at 460. MR. JUSTICE BLACK took no part in the consideration or decision of this case. Arthur J. Goldberg and David E. Feller for petitioner. Philip W. Croen and John H. Wessel for respondent. Reported below: 241 F. 2d 323.

No. 579, Misc. DELBRIDGE v. UNITED STATES. On petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit. Per Curiam: The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. In the light of the memorandum of the Solicitor General, the order of the Court of Appeals is vacated and the cause is remanded to the District Court for reconsideration of the application for leave to appeal in forma pauperis, and for consideration of such other relief as may be proper and just, after review of the full transcript of the criminal trial. Johnson v. United States, 352 U. S. 565. See also Berger v. United States, 295 U. S. 78, 88-89. Petitioner pro se. Solicitor General Rankin, Assistant Attorney General Olney, Beatrice Rosenberg and Isabelle R. Cappello for the United States.

No. 925. CABOT ET AL. v. ALPHEN ET AL. Appeal from the Superior Court of Massachusetts. Per Curiam: The motions to dismiss are granted and the appeal is dismissed for want of a substantial federal question. Richard Wait for appellants. William H. Kerr for Alphen et al., and John F. Cogan, Jr. for the Boston Common Garage, Inc., appellees.

Miscellaneous Orders.

No. 15. YATES v. UNITED STATES. Certiorari, 350 U. S. 947, to the United States Court of Appeals for the Ninth Circuit. Argued October 9-10, 1956. This case is restored to the calendar for reargument. Ben Margolis and Leo Branton, Jr. for petitioner. A. L. Wirin entered an appearance for petitioner. Solicitor General Rankin, Assistant Attorney General Tompkins, Kevin T. Maroney and Philip R. Monahan for the United States. Reported below: 227 F. 2d 851.

No. 570. BROWN v. UNITED STATES. Certiorari, 352 U. S. 908, to the United States Court of Appeals for the Sixth Circuit. Argued April 4, 1957. This case is restored to the calendar for reargument. Geo. W. Crockett, Jr. for petitioner. Solicitor General Rankin, Assistant Attorney General Olney, Ralph S. Spritzer and Beatrice Rosenberg for the United States. Reported below: 234 F. 2d 140.

No. 733, Misc. PEARSON v. GRAY, WARDEN. The motion of petitioner to dismiss motion for leave to file petition for writ of habeas corpus is granted.

No. 752, Misc.

No. 764, Misc.

PANARIELLO v. NEW YORK; and

WALKER v. MARYLAND. Motions for leave to file petitions for writs of habeas corpus denied.

Certiorari Granted. (See also Nos. 844, 883 and Misc.

No. 579, supra.)

No. 643. LEE YOU

FEE v. DULLES, SECRETARY OF STATE. C. A. 7th Cir. Certiorari granted. Jack Wasserman for petitioner. Solicitor General Rankin, Assistant Attorney General Olney, Beatrice Rosenberg and Robert G. Maysack for respondent. Reported below: 236 F.2d 885.

No. 586, Misc. CICENIA V. LAGAY, SUPERINTENDENT, NEW JERSEY PRISON FARM. Motion for leave to proceed in forma pauperis and petition for writ of certiorari to the United States Court of Appeals for the Third Circuit granted. MR. JUSTICE BRENNAN took no part in the consideration or decision of this application. Petitioner pro se. Charles V. Webb, Jr. and C. William Caruso for respondent. Reported below: 240 F. 2d 844.

No. 707, Misc. CROOKER v. CALIFORNIA. Motion for leave to proceed in forma pauperis and petition for writ of certiorari to the Supreme Court of California granted limited to questions 1 and 2 presented by the petition for the writ which read as follows:

"1. Was the defendant denied due process of law by the refusal of the investigation officers to allow him to consult with an attorney upon demand being made to do so while he was in custody?

"2. Was the defendant denied due process of law by the admission into evidence of a confession which was taken from him while in custody and after he had been in such custody for fourteen hours and had not been allowed to consult with his attorney?"

Reported below: 47 Cal. 2d 348, 303 P. 2d 753.

No. 937. S. E. C. CORPORATION, FORMERLY KNOWN AS CANADAY COOLER CO., INC., v. UNITED STATES. C. A. 2d Cir. Certiorari denied. Rollin Browne and Paul Van Anda for petitioner. Solicitor General Rankin, Assistant Attorney General Rice and Harry Baum for the United States. Reported below: 241 F. 2d 416.

No. 941. WESTERN FIRE & CASUALTY Co. v. GENERAL INSURANCE CO. OF AMERICA ET AL. C. A. 5th Cir. Certiorari denied. Chas. C. Crenshaw for petitioner. Neth L. Leachman for respondents. Reported below: 241 F. 2d 289.

No. 947. NIEPERT, EXECUTOR, v. CLEVELAND ELECTRIC ILLUMINATING Co. C. A. 6th Cir. Certiorari denied. Louis S. Belkin for petitioner. James C. Davis for respondent. Reported below: 241 F. 2d 916.

No. 963. MASSEY V. BRINDLEY ET AL. Court of Civil Appeals of Texas, Third Supreme Judicial District. Certiorari denied. Robert Lee Guthrie and Searcy L. Johnson for petitioner. James P. Hart and Byron Skelton for respondents. Reported below: 296 S. W. 2d 296.

No. 964. CARPINTERIA LEMON ASSN. ET AL. v. NATIONAL LABOR RELATIONS BOARD. C. A. 9th Cir. Certiorari denied. Ivan G. McDaniel for petitioners. Solicitor General Rankin, Jerome D. Fenton, Stephen Leonard, Dominick L. Manoli and Samuel M. Singer for respondent. Reported below: 240 F. 2d 554.

No. 1013. MASSENGALE v. UNITED STATES. C. A. 6th Cir. Certiorari denied. Reported below: 240 F. 2d 781.