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308 U.S.

Decisions Granting Certiorari.

of Appeals for the Eighth Circuit granted. Mr. J. L. London for petitioner. Solicitor General Jackson, Assistant Attorney General Littell, and Mr. C. W. Leaphart for the United States. Reported below: 102 F. 2d 5; 105 id. 318.

No. 229. REAL ESTATE - LAND TITLE & TRUST Co. v. UNITED STATES. October 9, 1939. Petition for writ of certiorari to the Circuit Court of Appeals for the Third Circuit granted. MR. JUSTICE ROBERTS and MR. JUSTICE REED took no part in the consideration and decision of this application. Mr. Maurice Bower Saul for petitioner. Solicitor General Jackson and Messrs. Sewall Key, J. Louis Monarch, and Arnold Raum for the United States. Reported below: 102 F. 2d 582.

No. 230. CARPENTER v. WABASH RAILWAY CO. ET AL. October 9, 1939. Petition for writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit granted, limited to the question of the right of the petitioner to intervene in order to assert priority. Messrs. Mark D. Eagleton, Hyman G. Stein, and Roberts P. Elam for petitioner. Mr. Homer Hall for Wabash Railway Co. et al.; Mr. Charles Nagel for Chase National Bank; and Mr. Thomas W. White for Central Hanover Bank & Trust Co., respondents. Reported below: 103 F. 2d 996.

No. 240. NARDONE ET AL. v. UNITED STATES. October 9, 1939. Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit granted, limited to the question whether the trial court correctly disposed of petitioners' claim that a portion of the respondent's evidence was procured through the illegal interception of telephone and telegraph messages and the question of the propriety of a preliminary inquiry to ascertain that fact.

Decisions Granting Certiorari.

308 U.S.

MR. JUSTICE REED took no part in the consideration and decision of this application. Mr. David V. Cahill for Nardone, and Mr. Louis Halle for Gottfried, petitioners. Solicitor General Jackson, Assistant Attorney General Rogge, and Messrs. George F. Kneip and W. Marvin Smith for the United States. Reported below: 106 F. 2d 41.

No. 124. AVERY U. ALABAMA. October 16, 1939. Motion for leave to proceed in forma pauperis, and petition for writ of certiorari to the Supreme Court of Alabama, granted. Mr. Edward H. Saunders for petitioner. Messrs. Thomas S. Lawson, Attorney General of Alabama, and William H. Loeb, Assistant Attorney General, for respondent. Reported below: 237 Ala. 616; 188 So. 391.

No. 346. UNITED STATES v. SOCONY-VACUUM OIL Co., INC., ET AL.; and

No. 347. SoCONY-VACUUM OIL CO., INC. ET AL. V. UNITED STATES. October 16, 1939. Petitions for writs of certiorari to the Circuit Court of Appeals for the Seventh Circuit granted. Mr. Newman A. Townsend for petitioner in No. 346. Messrs. William J. Donovan and Ralstone R. Irvine for the Socony-Vacuum Oil Co. et al. Solicitor General Jackson, Assistant Attorney General Arnold, and Messrs. John Henry Lewin and Charles H. Weston for respondent in No. 347. Reported below: 105 F. 2d 809.

No. 316. MCNINCH ET AL. v. HEITMEYER. October 16, 1939. Petition for writ of certiorari to the Court of Appeals for the District of Columbia granted. Messrs. Newman A. Townsend and William J. Dempsey for petitioners. Mr. Clarence C. Dill for respondent. Reported below: 70 App. D. C. 162; 105 F. 2d 41.

308 U.S.

Decisions Granting Certiorari.

No. 329. RUSSELL ET AL. v. TODD ET AL. October 16, 1939. Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit granted, limited to the question of the application of the New York statute of limitations. Messrs. Ralph M. Carson and Samuel A. Pleasants for petitioners. Mr. George A. Spiegelberg for respondents. Reported below: 104 F. 2d 169.

No. 342. AMALGAMATED UTILITY WORKERS v. CONSOLIDATED EDISON CO., INC., ET AL. October 16, 1939. On consideration of the suggestion of a diminution of the record and motion for a writ of certiorari in that relation, the motion for a writ of certiorari is granted. The petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit is also granted. Mr. Louis B. Boudin for petitioner. Mr. William L. Ransom for respondents. Messrs. Isaac Lobe Straus and Claude A. Hope for International Brotherhood of Electrical Workers et al., respondents. Reported below: 106 F. 2d 991.

No. 195. CHAMBERS ET AL. v. FLORIDA. October 23, 1939. Motion for leave to proceed in forma pauperis, and petition for writ of certiorari to the Supreme Court of Florida, granted. Mr. Leon Ransom for petitioners. Messrs. George Couper Gibbs, Attorney General of Florida, and Tyrus A. Norwood, Assistant Attorney General, for respondent. Reported below: 136 Fla. 568; 187 So. 156.

No. 354. FEDERAL HOUSING ADMINISTRATION, REGION No. 4, v. BURR, DOING BUSINESS AS SECRETARIAL SERVICE BUREAU. October 23, 1939. Petition for writ of certiorari to the Supreme Court of Michigan granted. Solicitor General Jackson for petitioner. Mr. Gus O. Nations

Decisions Granting Certiorari.

308 U.S.

for respondent. Reported below: 289 Mich. 91; 286 N. W. 169.

No. 370. MONTROSE CEMETERY Co. v. COMMISSIONER OF INTERNAL REVENUE. October 23, 1939. Petition for writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit granted. Messrs. Elden McFarland and E. J. Quinn for petitioner. Solicitor General Jackson for respondent. Reported below: 105 F. 2d 238.

No. 355. UNITED STATES v. Moscow FIRE INSURANCE Co. ET AL. October 23, 1939. Petition for writ of certiorari to the Supreme Court of New York granted. The petitioner having applied for a stay pending the final disposition of the cause in this Court, It is hereby ordered that the application for a stay be granted and that the Bank of New York & Trust Company (Bank of New York) be, and it hereby is stayed from making any payment whatsoever pursuant to the judgment of the Supreme Court of the State of New York dated August 22, 1934 until further order of this Court. MR. JUSTICE REED took no part in the consideration and decision of these applications. Solicitor General Jackson for the United States. Messrs. Paul C. Whipp and Lounsbury D. Bates for Lucke; Mr. Samson Selig for Sawyer et al:; Mr. George H. Engelhard for Jakubovic et al.; Mr. Hartwell Cabell for Heckscher & Gottlieb et al.; and Mr. Borris M. Komar for Morro et al., respondents. Reported below: 280 N. Y. 286, 848; 20 N. E. 2d 758; 21 N. E. 2d 890.

No. 383. HELVERING, COMMISSIONER OF INTERNAL REVENUE, v. CLIFFORD. November 6, 1939. Petition for writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit granted. Solicitor General Jackson for

308 U.S.

Decisions Granting Certiorari.

petitioner. Mr. F. H. Stinchfield for respondent. Reported below: 105 F. 2d 586.

No. 384. HELVERING, COMMISSIONER OF INTERNAL REVENUE, v. WOOD. November 6, 1939. Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit granted. Solicitor General Jackson for petitioner. Mr. Ralph S. Rounds for respondent. Reported below: 104 F. 2d 1013.

No. 386. DICKINSON INDUSTRIAL SITE, INC. v. COWAN ET AL. November 6, 1939. Petition for writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit granted. Messrs. Walter A. Wade, Benjamin Wham, and George W. Ott for petitioner. Mr. Samuel E. Hirsch for respondents. Reported below: 104 F. 2d 771.

No. 419. HELVERING, COMMISSIONER OF INTERNAL REVENUE, V. KEHOE. November 6, 1939. Petition for writ of certiorari to the Circuit Court of Appeals for the Third Circuit granted. Solicitor General Jackson for petitioner. Messrs. Leo W. White, R. M. O'Hara, W. H. Gillespie, and Robert T. McCracken for respondent. Reported below: 105 F. 2d 552.

No. 399. BRYANT ET AL., EXECUTORS, v. COMMISSIONER OF INTERNAL REVENUE. November 6, 1939. Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit granted. Messrs. J. Gilmer Körner, Jr. and David S. Day for petitioners. Solicitor General Jackson for respondent. Reported below: 104 F. 2d 1011.

No. 437. MCCABE v. BOSTON TERMINAL CO. November 13, 1939. Petition for writ of ceruorar to the Supe

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