Decisions Per Curiam, Etc. 322 U.S. under Article III, § 2, of the Constitution. Cf. (1) Massachusetts v. Mellon, 262 U. S. 447, 485–86; Florida v. Mellon, 273 U. S. 12, 18; (2) New Hampshire v. Louisiana, 108 U. S. 76; Oklahoma v. Atchison, T. & S. F. Ry. Co., 220 U. S. 277; Oklahoma ex rel. Johnson v. Cook, 304 U. S. 387. Mr. Vernon B. Lowrey for complainants. No.. No. No. -. EX PARTE SAMUEL JACKSON; EX PARTE PERCY ARTHUR WHISTLER; and PATTERSON V. SANFORD, WARDEN. May 1, 1944. The motions for leave to file petitions for writs of habeas corpus are denied. No.. EX PARTE WILLIAM HANLEY; and No. -. EX PARTE JOHN WELCH. May 1, 1944. The motions for leave to file petitions for writs of habeas corpus are denied. Ex parte Hawk, 321 U. S. 114, 117. Treating the papers as petitions for writs of certiorari to the Supreme Court of Illinois, the petitions are denied. No. 5, original. COLORADO v. KANSAS ET AL. May 1, 1944. This cause having been heretofore submitted on the pleadings and the evidence taken before and reported by the Commissioner and the Special Master appointed for the purpose, and the Court being now fully advised in the premises: It is considered, ordered, and decreed that the defendant, The Finney County Water Users' Association, its officers, attorneys, agents, and employees, be, and they are hereby, severally enjoined from prosecuting further those certain cases now pending in the District Court of the United States for the District of Colorado entitled 322 U.S. Decisions Per Curiam, Etc. The Finney County Water Users' Association, a corporation of Kansas, plaintiff, versus The Graham Ditch Company and others, defendants, and The Finney County Water Users' Association, a corporation of Kansas, plaintiff, versus The Coler Ditch and Reservoir Company, a corporation of Colorado, and others, defendants, said cases being numbered 6633 and 7493 respectively on the docket of said United States District Court. It is further considered, ordered, and decreed that the prayers of both the State of Colorado and the State of Kansas for relief other than that decreed herein be, and they are hereby, dismissed. It is also considered, ordered, and decreed that costs in this cause shall be borne and paid in equal parts by the States of Colorado and Kansas. No. 613. AMERICAN SEATING Co. v. ZELL. Certiorari, 321 U. S. 757, to the Circuit Court of Appeals for the Second Circuit. Argued April 25, 1944. Decided May 8, 1944. Per Curiam: In this case two members of the Court think that the judgment of the Circuit Court of Appeals should be affirmed. Seven are of opinion that the judgment should be reversed and the judgment of the District Court affirmed-four because proof of the contract alleged in respondent's affidavits on the motion for summary judgment is precluded by the applicable state parol evidence rule, and three because the contract is contrary to public policy and void, see Tool Company v. Norris, 2 Wall. 45, 54; Hazelton v. Sheckells, 202 U. S. 71, 79; Executive Order No. 9001, Tit. II, par. 5, 6 Fed. Reg. 6788; War Department Procurement Regulations, 10 Code Fed. Reg. (Cum. Supp.) § 81.1181. The judgment of the Circuit Court of Appeals is reversed. Mr. William Dwight Whitney, with whom Mr. Albert R. Connelly was Decisions Per Curiam, Etc. 322 U.S. on the brief, for petitioner. Mr. J. Edward Lumbard, Jr., with whom Messrs. Ralstone R. Irvine and Theodore S. Hope, Jr. were on the brief, for respondent. Reported below: 138 F.2d 641. No. 598. McGUIRE v. HUNTER, WARDEN. On petition for writ of certiorari to the Circuit Court of Appeals for the Tenth Circuit. May 8, 1944. Per Curiam: The motions for leave to proceed in forma pauperis and to add to the record the order of the District Court for the Western District of Michigan, dated April 7, 1944, are granted. The petition for writ of certiorari is also granted. In view of the new issues raised by the order of April 7, 1944, and with the consent of the Solicitor General, the judgments of the Circuit Court of Appeals and of the District Court are vacated, and the cause is remanded to the District Court, with leave to each party to present further evidence upon the material issues of the case. Bernard G. McGuire, pro se. Solicitor General Fahy, Assistant Attorney General Tom C. Clark, and Messrs. Robert S. Erdahl and W. Marvin Smith for respondent. Reported below: 138 F.2d 379. No. 936. HOUSE v. MAYO, STATE PRISON CUSTODIAN. Appeal from the Supreme Court of Florida. May 8, 1944. Per Curiam: The appeal is dismissed for want of jurisdiction. § 237 (a), Judicial Code, as amended, 28 U. S. C., § 344 (a). Treating the papers whereon the appeal was allowed as a petition for writ of certiorari as required by § 237 (c) of the Judicial Code as amended, 28 U. S. C., § 344 (c), certiorari is denied. No.. SMITH V. PESCOR, WARDEN. May 8, 1944. The petition for appeal is denied. 322 U.S. No. Decisions Per Curiam, Etc. EX PARTE STANLEY B. PEPLOWSKI. May 8, 1944. The motion for leave to file petition for writs of habeas corpus and mandamus is denied. No. EX PARTE HAROLD D. REED. May 8, 1944. The motion for leave to file petition for writ of mandamus is denied. No.-. EX PARTE RAYMOND JONES; and No.. EX PARTE CLARENCE WILLIAMS. May 8, 1944. The motions for leave to file petitions for writs of habeas corpus are denied. No.. EX PARTE MONROE D. NEELY. May 15, 1944. The motion for leave to file petition for writ of habeas corpus is denied. No.. BROWDER v. UNITED STATES. May 15, 1944. Petition for appeal denied for want of jurisdiction to entertain it. No. 942. ROCK ISLAND REFINING Co. v. OKLAHOMA TAX COMMISSION. Appeal from the Supreme Court of Oklahoma. May 22, 1944. Per Curiam: The appeal is dismissed for want of a substantial federal question. (1) U. S. Glue Co. v. Oak Creek, 247 U. S. 321; Matson Navigation Co. v. State Board, 297 U. S. 441, 443-44; Western Live Stock v. Bureau of Revenue, 303 U. S. 250, 255. (2) Lawrence v. State Tax Commission, 286 U. S. 276; New York ex rel. Cohn v. Graves, 300 U. S. 308. Mr. C. D. Cund for appellant. Reported below: 145 P. 2d 194. No. 943. TEXAS EX REL. CITY OF WEST UNIVERSITY PLACE ET AL. v. CITY OF HOUSTON ET AL. Appeal from the Decisions Per Curiam, Etc. 322 U.S. Supreme Court of Texas. May 22, 1944. Per Curiam: The appeal is dismissed for want of a substantial federal question. (1) Pawhuska v. Pawhuska Oil Co., 250 U. S. 394; Trenton v. New Jersey, 262 U. S. 182, 187, 191–92; Risty v. Chicago, R. I. & P. Ry. Co., 270 U. S. 378, 390; Williams v. Mayor, 289 U. S. 36, 40. (2) King Mfg. Co. v. Augusta, 277 U. S. 100, 103-4. Messrs. Everett L. Looney and Edward Clark for appellants. Reported below: 142 Tex. 190, 176 S. W. 2d 928. No.. ROLLS-ROYCE, INC. v. STIMSON, SECRETARY OF WAR. May 22, 1944. The motion for leave to file petition for writ of prohibition or mandamus is denied. No. -. EX PARTE SYLVAN BLUMENFELD. May 22, 1944. The motion for leave to file petition for writ of mandamus is denied. No.. EX PARTE RAYMOND DECKER; No.-. EX PARTE LOUIS B. AMES; and No.. UNITED STATES EX REL. TOWNSEND v. RAGEN, WARDEN. May 22, 1944. The motions for leave to file petitions for writs of habeas corpus are denied. No. -. KELLEY V. DOWD, WARDEN. May 22, 1944. The motion for leave to file petition for writ of certiorari is denied. No. 977. ERICKSEN V. JOHN MORRELL & Co. Appeal from the Circuit Court of Minnehaha County, South Dakota. May 29, 1944. Per Curiam: The motion to dismiss is granted and the appeal is dismissed for want of a prop |