December 13, 1948. 335 U.S. No. 373. WHITNEY V. COMMISSIONER OF INTERNAL REVENUE; No. 374. ALEXANDER v. COMMISSIONER OF INTERNAL REVENUE; No. 375. ANDERSON ET UX. v. COMMISSIONER OF INTERNAL REVENUE; No. 376. ATKIN ET UX. v. COMMISSIONER OF INTERNAL REVENUE; No. 377. DAVISON V. COMMISSIONER OF INTERNAL REVENUE; No. 378. DICKEY ET UX. v. COMMISSIONER OF INTERNAL REVENUE; No. 379. LAMONT V. COMMISSIONER OF INTERNAL REVENUE; No. 380. ESTATE OF LAMONT ET AL. v. COMMISSIONER OF INTERNAL REVENUE; No. 381. LEFFINGWELL ET UX. v. COMMISSIONER OF INTERNAL REVENUE; No. 382. MITCHELL V. COMMISSIONER OF INTERNAL REVENUE; No. 383. ESTATE OF MORGAN ET AL. v. COMMISSIONER OF INTERNAL REVENUE; No. 384. MORGAN ET UX. v. COMMISSIONER OF INTERNAL REVENUE; and No. 385. ESTATE OF BARTOW ET AL. v. COMMISSIONER OF INTERNAL REVENUE. C. A. 2d Cir. Certiorari denied. John W. Davis and Montgomery B. Angell for petitioners. Solicitor General Perlman, Assistant Attorney General Caudle, Ellis N. Slack, Lee A. Jackson and Hilbert P. Zarky for respondent. Reported below: 169 F. 2d 562. No. 394. FILBEN MANUFACTURING CO., INC. ET AL. v. ROCK-OLA MANUFACTURING CORP. ET AL. C. A. 8th Cir. Certiorari denied. Max Swiren and Ben W. Heineman for petitioners. Thomas H. Sheridan for respondents. Reported below: 168 F. 2d 919. No. 172, Misc. MAY v. RAGEN, WARDEN. Criminal Court of Cook County, Illinois. Certiorari denied. No. 177, Misc. JACKSON v. ILLINOIS. Criminal Court of Cook County, Illinois. Certiorari denied. No. 204, Misc. CROMBIE V. NIERSTHEIMER, WARDEN. Criminal Court of Cook County, Illinois. Certiorari denied. No. 207, Misc. COUNTY ET AL. Criminal Court denied. COLLINS v. CIRCUIT COURT OF WILL Circuit Court of Will County and the of Cook County, Illinois. Certiorari No. 208, Misc. BATES v. RAGEN, WARDEN. Criminal Court of Cook County, Illinois. Certiorari denied. v. No. 209, Misc. MCNAUGHTON V. RAGEN, WARDEN. Criminal Court of Cook County, Illinois. Certiorari denied. No. 210, Misc. LANE v. ILLINOIS. Criminal Court of Cook County, Illinois. Certiorari denied. No. 215, Misc. MCKAY V. ADERHOLD ET AL., WARDENS. Supreme Court of Georgia. Certiorari denied. James A. Belflower for petitioner. Reported below: See 203 Ga. 790, 48 S. E. 2d 453. No. 216, Misc. CUNDIFF v. NIERSTHEIMER, WARDEN. Circuit Court of Sangamon County, Illinois. Certiorari denied. No. 220, Misc. CUNNINGHAM v. RAGEN, WARDEN. Circuit Court of Will County, Illinois. Certiorari denied. 798176 O-49-58 No. 222, Misc. NICHOLS v. RAGEN, WARDEN. C. A. 7th Cir. Certiorari denied. District No. 223, Misc. STORY V. BURFORD, WARDEN. Court of Bryan County, Oklahoma. Certiorari denied. No. 224, Misc. GOULD V. NEW YORK. Supreme Court of New York, First Department. Certiorari denied. Petitioner pro se. Nathaniel L. Goldstein, Attorney General of New York, Wendell P. Brown, Solicitor General, and Irving I. Waxman, Assistant Attorney General, for respondent. No. 243, Misc. BALDRIDGE v. RAGEN, WARDEN. C. A. 7th Cir. Certiorari denied. Rehearing Denied. No. 697, October Term, 1947. ALKER ET AL. v. FedERAL DEPOSIT INSURANCE CORP., 334 U. S. 827. Motion for leave to file a fourth petition for rehearing denied. No. 344. ante, p. 860. KESSLER v. MCGLONE, EXECUTOR, ET AL., No. 42, Misc. EATON V. RAGEN, WARDEN, ante, p. 832. Second petition for rehearing denied. No. 73, Misc. ROBERTS v. CALIFORNIA, ante, p. 847. Rehearing denied. No. 153, Misc. SMITH V. HOWARD, WARDEN, ante, p. 856. Rehearing denied. 335 U.S. December 13, 20, 1948. Order Appointing Counsel. No. 418. GIBBS v. BURKE, WARDEN. Certiorari, 335 U. S. 867, to the Supreme Court of Pennsylvania. It is ordered that Frederick Bernays Wiener, Esq., of Washington, D. C., a member of the Bar of this Court, be appointed to serve as counsel for the petitioner in this case. DECEMBER 20, 1948. Per Curiam Decision. No. 59. MARZANI V. UNITED STATES. Certiorari, 334 U. S. 858, to the United States Court of Appeals for the District of Columbia Circuit. Argued December 8, 9, 1948. Decided December 20, 1948. Per Curiam: The judgment is affirmed by an equally divided Court. MR. JUSTICE DOUGLAS took no part in the consideration or decision of this case. Osmond K. Fraenkel and Allan R. Rosenberg argued the cause and filed a brief for petitioner. Solicitor General Perlman argued the cause for the United States. With him on the brief were Robert S. Erdahl and Irving S. Shapiro. Belford V. Lawson, Jr. filed a brief for the National Lawyers Guild, as amicus curiae, urging reversal. Reported below: 83 U. S. App. D. C. 78, 86, 168 F. 2d 133, 141. Final Order and Decree. No. 10, Original. UNITED STATES v. WYOMIng et al. FINAL ORDER Pursuant to the decision of this Court in United States v. Wyoming, 331 U. S. 440, a decree was entered on February 16, 1948, 333 U. S. 834. By the terms of the decree, which adjudged that title to the land in question is in the United States, jurisdiction was retained by this Court for the purpose of deter mining the amount of damages payable by defendants to the plaintiff, and for such other and further orders and decrees as may be necessary. On July 2, 1948, Public Law 887 (Ch. 815, 62 Stat. 1233) was approved, and provided: "That the Secretary of the Interior be, and he is hereby authorized and directed to issue a patent to the State of Wyoming for the east half of the northeast quarter, section 36, township 58 north, range 100 west, of the sixth principal meridian, in Park County, Wyoming, subject to any existing lease or leases: Provided, That title to said land shall be held and considered to have been vested in the State of Wyoming on July 10, 1890.” On September 29, 1948, the Secretary of the Interior, pursuant to the authorization and direction contained in the aforesaid Act of Congress, issued United States Patent No. 1,123,916 to the State of Wyoming for the portion of Section 36 described in said Act, subject to any existing lease or leases, with the title thereto considered to have vested in the State of Wyoming on July 10, 1890. The claim for damages arose entirely from the possession by the defendant Ohio Oil Company of the land described in said Act of Congress, and its extraction of oil therefrom. Inasmuch as the patent issued by the United States vests title to said land in the State of Wyoming during the entire period of possession by the defendant Ohio Oil Company, there is no need or requirement for further consideration by the Court of plaintiff's demand for a money judgment. It is therefore ORDERED AND DECREED that the defendants shall pay the costs of this proceeding, including compensation for services rendered and actual expenses incurred by the Honorable Nat U. Brown, Special Master herein. Such compensation and expenses will be fixed by an order of the Court. |