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DECISIONS PER CURIAM AND ORDERS FROM THE BEGINNING OF THE OCTOBER TERM, 1948, THROUGH JANUARY 17, 1949.*

OCTOBER 5, 1948.

Miscellaneous Orders.

No. -.

JOHNSON ET AL. v. STEVENSON. On consideration of the supplemental motion for stay submitted by counsel for the petitioners, it is ordered by this Court that the motion to expand the order of MR. JUSTICE BLACK of September 29, 1948, be, and it is hereby, denied. MR. JUSTICE MURPHY took no part in the consideration or decision of this motion. Alvin J. Wirtz, James V. Allred, Thurman Arnold, Abe Fortas, Hugh Cox, Raymond Buck, Luther E. Jones, Jr. and Everett L. Looney for petitioners. Henry H. Brooks and Dan Moody for respondent. Reported below: 170 F. 2d 108.

On consid

No. JOHNSON ET AL. v. STEVENSON. eration of the motion of counsel for Coke R. Stevenson to vacate the order of MR. JUSTICE BLACK of September 29, 1948, and to dismiss the proceedings, it is ordered by this Court that the said motion be, and it is hereby, denied. MR. JUSTICE MURPHY took no part in the consideration or decision of this motion. Alvin J. Wirtz, James V. Allred, Thurman Arnold, Abe Fortas, Hugh Cox, Raymond Buck, Luther E. Jones, Jr. and Everett L. Looney for petitioners. Henry H. Brooks and Dan Moody for respondent. Reported below: 170 F. 2d 108.

*For decisions per curiam and orders announced on June 21, 1948, see 334 U. S. 854 et seq.

335 U.S.

October 11, 1948.

OCTOBER 11, 1948.

Per Curiam Decisions.

No. 87. BRAND V. MILWAUKEE COUNTY ET AL. Appeal from the Supreme Court of Wisconsin. Per Curiam: The appeal is dismissed for want of jurisdiction. Title 28, United States Code, § 1257 (2). Treating the papers whereon the appeal was allowed as a petition for writ of certiorari as required by Title 28, United States Code, § 2103, certiorari is denied. Charles L. Mullen for appellant. Oliver L. O'Boyle for appellees. Reported below: 251 Wis. 531, 30 N. W. 2d 238.

No. 89. UNITED STATES v. MARYLAND & VIRGINIA MILK PRODUCERS ASSOCIATION, INC. ET AL. Appeal from the United States District Court for the District of Columbia. Per Curiam: The motions to transfer are granted and the case is remanded to the United States Court of Appeals for the District of Columbia Circuit pursuant to Title 18, United States Code, § 3731. United States v. Swift & Co., 318 U. S. 442; United States v. Wayne Pump Co., 317 U. S. 200. George T. Washington, then Acting Solicitor General, for the United States. Elwood H. Seal for the Maryland & Virginia Milk Producers Assn., Inc.; William Blum, Jr. for Alexandria Dairy Products Co., Inc.; John J. Wilson for the Chestnut Farms-Chevy Chase Dairy; William E. Leahy and William J. Hughes, Jr. for Derrick; Elisha Hanson, Arthur B. Hanson and Letitia Armistead for Safeway Stores, Inc.; John F. Hillyard for Simpson Bros., Inc.; and Raymond Sparks for Thompson's Dairy, Inc., appellees.

Appeal from the

No. 97. MUNOZ v. POLK, SHERIFF. Court of Criminal Appeals of Texas. Per Curiam: The appeal is dismissed for want of a properly presented fed

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eral question. Bernard A. Golding for appellant. Reported below: 151 Tex. Cr. 209 S. W. 2d 767.

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No. 189. MORRIS v. FORD MOTOR CO. Appeal from the Supreme Court of Michigan. Per Curiam: The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question. Morton A. Eden for appellant. Clayton C. Purdy and Frederic S. Glover, Jr. for appellee. Reported below: 320 Mich. 372, 31 N. W. 2d 89.

No. 249. HOLLIDAY ET AL. v. GOVERNOR OF SOUTH CAROLINA ET AL. Appeal from the United States District Court for the Western District of South Carolina. Per Curiam: The motion to affirm is granted and the judgment is affirmed. Henry Hammer for appellants. John M. Daniel, Attorney General of South Carolina, T. C. Callison and J. Monroe Fulmer, Assistant Attorneys General, for appellees. Reported below: 78 F. Supp. 918.

No. 259. HOTARD ET AL. v. NEW ORLEANS ET AL. Appeal from the Supreme Court of Louisiana. Per Curiam: The motion for leave to file supplemental statement opposing jurisdiction, motion to dismiss or affirm and motion for damages are granted. The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question. Lester P. Schoene for appellants. Henry B. Curtis, David M. Wood, R. E. Milling, Jr., Harry McCall, Leonard B. Levy, J. Blanc Monroe, Walter J. Suthon, Jr., Arthur A. Moreno and James U. Ogden for appellees. Reported below: 213 La. 843, 35 So. 2d 752.

No. 265. NORTH AMERICAN Co. v. KOERNER, JUDGE. Appeal from the Supreme Court of Missouri. Per Curiam: The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question.

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Frank Y. Gladney, J. C. Jones, Roland F. O'Bryen and Fred L. Williams for appellant. Claude O. Pearcy for appellee. Reported below: 357 Mo. 908, 211 S. W. 2d 698.

Miscellaneous Orders.

No. 156. DONOVAN v. QUEENSBORO CORPORATION ET AL.; and

No. 49, Misc. DONOVAN v. QUEENSBORO CORPORATION ET AL. In No. 156 the petition for writ of certiorari to the United States Court of Appeals for the Second Circuit is denied. In No. 49, Misc., the motion for leave to file petition for writ of certiorari is denied. Edward F. Clark and John A. Shorten for petitioner. Charles H. Tuttle for respondents.

No. 226, Misc., October Term, 1947. TAURISANO v. NEW YORK, 332 U. S. 849. Motion for leave to withdraw the record denied.

No. 17, Misc.

HARRIS V. NIERSTHEIMER, WARDEN. Circuit Court of Randolph County, Illinois. Certiorari denied. Motion for leave to file petition for mandamus also denied.

No. 20, Misc. CRAIG v. HEINZE, WARDEN. Supreme Court of California. Certiorari denied. Motion for leave to file petition for writ of habeas corpus also denied.

No. 22, Misc. EYER V. SWENSON, WARDEN. Court of Appeals of Maryland. Certiorari denied. Motion for leave to file petition for writ of habeas corpus also denied. Reported below: Md. 59 A. 2d 745.

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Circuit

No. 35, Misc. WHITE v. RAGEN, WARDEN. Court of Will County, Illinois. Certiorari denied. Mo

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tion for leave to file petition for writ of habeas corpus also denied.

No. 70, Misc. BUFORD V. RAGEN, WARDEN. Criminal Court of Cook County, Illinois. Certiorari denied. Motion for leave to file petition for writ of habeas corpus also denied.

No. 34, Misc.
No. 63, Misc.

No. 72, Misc.

No. 79, Misc.

No. 84, Misc.

No. 87, Misc.

No. 101, Misc.

TODIAN; and

No. 104, Misc.

STITUTION.

JACKSON V. HIATT, WARDEN;
DIDATO V. SHAW, DIRECTOR;
RICHARDSON v. MISSOURI;
EX PARTE WHISTLER;
EX PARTE CARUSO;

ZELL v. WRIGHT, WARDEN;

LANGFORD V. MAYO, STATE PRISON CUS

WHITE v. FEDERAL CORRECTIONAL INThe motions for leave to file petitions for

writs of habeas corpus in these cases are severally denied.

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No. 103, Misc. IN RE WENTZEL. Treating the application in each of these cases as a motion for leave to file a petition for an original writ of habeas corpus, leave to file is denied. THE CHIEF JUSTICE, MR. JUSTICE REED, MR. JUSTICE FRANKFURTER, and MR. JUSTICE BURTON are of the opinion that there is want of jurisdiction. U. S. Constitution, Article III, § 2, Clause 2; see Ex parte Betz and companion cases, all 329 U. S. 672 (1946); Milch v. United States, 332 U. S. 789 (1947); Brandt v. United States, 333 U. S. 836 (1948); In re Eichel, 333 U. S. 865 (1948). MR. JUSTICE BLACK, MR. JUSTICE DOUGLAS, MR. JUSTICE MURPHY, and MR. JUSTICE RUTLEDGE are of the opinion that motions for leave to file should be granted

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