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Decisions Per Curiam, Etc.

304 U.S.

4. This order shall be without prejudice to the determination on final decree of any of the substantive questions of law or fact advanced or to be advanced by any of the parties herein;

5. The States of Nebraska, Wyoming, and Colorado agree, and it is hereby ordered that, the United States may amend its petition at any time hereafter during the proceedings herein;

6. The orders heretofore entered with respect to reference to the Special Master are hereby extended to include the issues raised or to be raised by the intervention of the United States.

No. 1, original. GEORGIA V. TENNESSEE COPPER CO. ET AL. May 16, 1938. Decree entered vacating all orders and decrees which have heretofore been entered in this cause against The Ducktown Sulphur, Copper & Iron Company, Ltd., and Tennessee Copper Company excepting insofar as they relate to the taxation of costs, and the cause dismissed. A rule is ordered to issue returnable on May 26, next, requiring the Ducktown Chemical & Iron Company to show cause why it should not pay costs charged against the defendant Ducktown Sulphur, Copper & Iron Company, Ltd. Mr. M. J. Yeomans, Attorney General of Georgia, for complainant. Mr. R. M. McConnell for Tennessee Copper Co.

No. 357. GENERAL TALKING PICTURES CORP. v. WESTERN ELECTRIC CO. ET AL. May 16, 1938. It is ordered that the opinion in this cause be amended by striking from the last sentence of the opinion the word "original" and by inserting in its place the word "continuation," and by striking therefrom the words "the continuation applications" and inserting in their place the word "they." As amended, the sentence reads as follows: "In the absence

304 U.S.

Decisions Per Curiam, Etc.

of intervening adverse rights for more than two years prior to the continuation applications, they were in time." Reported as amended, ante, p. 175.

No. 943. CONWAY v. ALLEN, JUDGE, ET AL. May 16, 1938. On suggestion of a diminution of the record the motion for a writ of certiorari to the Supreme Court of the State of Washington is denied. The petition for rehearing is also denied. Tom Conway, pro se. No appearance for respondent.

No. 21, original. EX PARTE NATIONAL LABOR RELATIONS BOARD ET AL. May 16, 1938. Motion for leave to file petition for writs of prohibition and mandamus submitted by Mr. Solicitor General Jackson for the petitioners. The motion for leave to file the petition is granted and a rule is ordered to issue directed to the Honorable Joseph Buffington, the Honorable J. Warren Davis, the Honorable J. Whitaker Thompson, Circuit Judges of the Third Judicial Circuit, and the other judges and officers of the Circuit Court of Appeals for the Third Circuit, to show cause why the relief should not be granted as prayed. Said rule shall be returnable on Monday, May 23, at twelve o'clock, when the parties will be heard upon the question of the jurisdiction of the Circuit Court of Appeals to make the order complained of. Solicitor General Jackson and Mr. Robert B. Watts for petitioners. Messrs. Luther Day, Thomas F. Patton, Joseph W. Henderson, Thomas F. Veach and Mortimor S. Gordon for the Republic Steel Corporation.

No. 980. MCALVAY ET AL. V. STOCKWELL ET AL. Appeal from the Supreme Court of California. Decided May 23, 1938. Per Curiam: The appeal herein is dismissed for the want of jurisdiction. Section 237 (a),

Decisions Per Curiam, Etc.

304 U.S.

Judicial Code, as amended by the Act of February 13, 1925 (43 Stat. 936, 937). Treating the papers whereon the appeal was allowed as a petition for a writ of certiorari, as required by § 237 (c), Judicial Code, as amended (43 Stat. 936, 938), certiorari is denied. Mr. Joseph L. Lewinson for appellants. Mr. Nathan Newby for appellees. Reported below: 10 Cal. 2d 748; 74 P. 2d 504.

No. 996. HUGHES v. WISCONSIN TAX COMMISSION ET AL. Appeal from the Supreme Court of Wisconsin. Decided May 23, 1938. Per Curiam: The motion of the appellees to dismiss the appeal is granted and the appeal is dismissed for the want of a properly presented substantial federal question. (1) Hiawassee Power Co. v. Carolina-Tenn. Co., 252 U. S. 341, 344; Whitney v. California, 274 U. S. 357, 360; White River Co. v. Arkansas, 279 U. S. 692, 700; Morris v. Alabama, 302 U. S. 642. (2) Lawrence v. State Tax Commission, 286 U. S. 276, 279–281; New York ex rel. Cohn v. Graves, 300 U. S. 308, 313. Mr. S. W. Jensch for appellant. Mr. Joseph E. Messerschmidt for appellees. Reported below: 227 Wis. 403; 278 N. W. 403.

No. 997. DROMEY, ADMINISTRATOR v. WISCONSIN TAX COMMISSION ET AL. Appeal from the Supreme Court of Wisconsin. Decided May 23, 1938. Per Curiam: The motion of the appellees to dismiss the appeal is granted and the appeal is dismissed for the want of a properly presented substantial federal question. (1) Hiawassee Power Co. v. Carolina-Tenn. Co., 252 U. S. 341, 344; Whitney v. California, 274 U. S. 357, 360; White River Co. v. Arkansas, 279 U. S. 692, 700; Morris v. Alabama, 302 U. S. 642; (2) Lawrence v. State Tax Commission, 286 U. S. 276, 279-281; New York ex rel. Cohn v. Graves, 300

304 U.S.

Decisions Per Curiam, Etc.

U. S. 308, 313; Mitchell v. United States, 21 Wall. 350, 353. Mr. S. W. Jensch for appellant. Mr. Joseph E. Messerschmidt for respondents. Reported below: 227 Wis. 400; 278 N. W. 400.

No. 1010. BERMAN v. ILLINOIS BELL TELEPHONE CO. ET AL. Appeal from the District Court of the United States for the Northern District of Illinois. May 23, 1938. Per Curiam: The motion to affirm is granted. Mr. Meyer Abrams for appellant. Messrs. Kenneth F. Burgess, Leslie N. Jones, and W. Clyde Jones for appellees.

No., original. EX PARTE DENNIS J. MCCARTHY. May 23, 1938. Application denied.

No. 16, original. MISSOURI v. Iowa. May 23, 1938. Samuel Williston, Esq., of Cambridge, Massachusetts, appointed Special Master in this cause.

sas.

No. 993. CHAMPLIN REFINING Co. v. RYAN, SECRETARY OF STATE. Appeal from the Supreme Court of KanDecided May 31, 1938. Per Curiam: The appeal herein is dismissed for the want of jurisdiction. Section 237 (a), Judicial Code, as amended by the act of February 13, 1925 (43 Stat. 936, 937). The petition for writ of certiorari is denied. Mr. Horace G. McKeever for appellant. No appearance for respondent. Reported below: 147 Kan. 160; 75 P. 2d 245.

No. 1004. MUTUAL BENEFIT, HEALTH & ACCIDENT ASSN. v. BOWMAN. On petition for writ of certiorari to

Decisions Per Curiam, Etc.

304 U.S.

the Circuit Court of Appeals for the Eighth Circuit. Decided May 31, 1938. Per Curiam: The petition for writ of certiorari is granted limited to the question of the right of respondent to recover under the law of New Mexico. The judgment of the Circuit Court of Appeals is vacated and the cause is remanded to the Circuit Court of Appeals for determination of the question presented. Erie Railroad Co. v. Tompkins, ante, p. 64; New York Life Ins. Co. v. Jackson, ante, p. 261; Rosenthal v. New York Life Ins. Co., ante, p. 263. Messrs. John S. Leahy, Philip E. Horan, and William C. Michaels for petitioner. No appearance for respondent. Reported below: 96 F. 2d 7.

No. 1045. MOSHER V. AMERICAN SURETY CO. ET AL. Appeal from the Superior Court of Maricopa County, Arizona. Decided May 31, 1938. Per Curiam: The motion of the appellee to dismiss the appeal is granted and the appeal is dismissed for the want of jurisdiction. Section 237 (a), Judicial Code, as amended by the act of February 13, 1925 (43 Stat. 936, 937). Treating the papers whereon the appeal was allowed as a petition for a writ of certiorari as required by § 237 (c), Judicial Code, as amended (43 Stat. 936, 938), certiorari is denied. Mr. John W. Ray for appellants. Mr. Fred Blair Townsend for appellees. Reported below: 48 Ariz. 552.

No. 948. NED ET AL. v. ROBINSON. Appeal from the Supreme Court of Oklahoma. Decided May 31, 1938. Per Curiam: The appeal herein is dismissed for the want of jurisdiction. Section 237 (a), Judicial Code, as amended by the Act of February 13, 1925 (43 Stat. 936, 938). The petition for writ of certiorari is denied. Mr. H. A. Ledbetter for appellants. No appearance for appellee. Reported below: 181 Okla. 507; 74 P. 2d 1156.

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