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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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No. 1030.

Decisions Per Curiam, Etc.

OIL SHARES INCORPORATED v. COMMERCIAL TRUST CO. ET AL. On petition for writ of certiorari to the Circuit Court of Appeals for the Third Circuit. Decided May 31, 1938. Per Curiam: The petition for writ of certiorari is granted, the decree of the Circuit Court of Appeals is reversed, and the decree of the District Court dismissing the complaint as to the respondent, Commercial Trust Company of New Jersey, is vacated. The cause is remanded to the District Court with instructions to set forth its findings of fact and conclusions of law in accordance with Equity Rule 702. Mr. William M. Chadbourne for petitioner. Messrs. Thomas G. Haight and Albert C. Wall for respondents. Reported below: 94 F.2d 751.

No. —, original. EX PARTE MERRITT B. SCHUYLER. May 31, 1938. Application denied.

No. 1, original. GEORGIA v. TENNESSEE COPPER CO. ET AL. May 31, 1938. The return to the rule to show cause is received and ordered to be filed with leave to file a supplemental return on or before October 3, next.

No. 11, original. TEXAS v. NEW MEXICO. May 31, 1938. Motion for leave to file petition and brief on behalf of Belen-Ladera Acequia, as amicus curiae, denied.

No., original. EX PARTE FOWLER, ADMINISTRATOR, ET AL. May 31, 1938. The motion for leave to file petition for writ of mandamus is denied. Reported below: 95 F.2d 627.

No. 313. LONE STAR GAS Co. v. TEXAS ET AL. May 31, 1938. It is ordered that the opinion in this cause be amended by striking the word "interstate" from the ninth

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