No. 222. NATIONAL LABOR RELATIONS BOARD V. KATZ ET AL. C. A. 2d Cir. Certiorari granted. Solicitor General Cox, Stuart Rothman, Dominick L. Manoli, Norton J. Come and Frederick U. Reel for petitioner. Sidney O. Raphael and Leo M. Drachsler for respondents. Reported below: 289 F. 2d 700.

No. 124. CREEK NATION v. UNITED STATES. Court of Claims. Certiorari granted. Paul M. Niebell for petitioner. Solicitor General Cox and Roger P. Marquis for the United States. Reported below:

Ct. Cl.

No. 113. MALONE v. BOWDOIN ET AL. C. A. 5th Cir. Certiorari granted. Solicitor General Cox and Roger P. Marquis for petitioner. Reported below: 284 F. 2d 95; 287 F. 2d 282.

No. 166. MARINE ENGINEERS BENEFICIAL ASSOCIATION ET AL. v. INTERLAKE STEAMSHIP Co. et al. Supreme Court of Minnesota. Certiorari granted. Lee Pressman and Richard H. Markowitz for petitioners. Raymond T. Jackson for respondents. Reported below: 260 Minn. 1, 108 N. W. 2d 627.

No. 205. FREE v. BLAND. Supreme Court of Texas. Certiorari granted. Gerhard A. Gesell and Edwin M. Fulton for petitioner. Royal H. Brin, Jr. for respondent. Solicitor General Cox and Assistant Attorney General Orrick for the United States, as amicus curiae, in support of the petition. Reported below: 162 Tex. 344 S. W. 2d 435.

No. 283.

SALEM v. UNITED STATES LINES Co. C. A. 2d Cir. Certiorari granted. Philip F. DiCostanzo for petitioner. Walter X. Connor for respondent. Reported below: 293 F. 2d 121.

No. 224. HANOVER BANK, EXECUTOR, ET AL. v. COMMISSIONER OF INTERNAL REVENUE. C. A. 2d Cir. Certiorari granted. Horace S. Manges for petitioners. Solicitor General Cox, Assistant Attorney General Oberdorfer and Meyer Rothwacks for respondent. Reported below: 289 F.2d 69.

No. 288. IN RE ZIPKIN. Supreme Court of Missouri. Certiorari granted. William J. Burrell for petitioner. Richmond C. Coburn and Alan C. Kohn for respondent. Reported below: S. W. 2d -.

No. 93. UNITED STATES v. KOENIG. C. A. 5th Cir. Certiorari granted. Solicitor General Cox, Assistant Attorney General Miller, Bruce J. Terris, Beatrice Rosenberg and Marshall Tamor Golding for the United States. Reported below: 290 F. 2d 166.

No. 94. NATIONAL LABOR RELATIONS BOARD V. FLORIDA CITRUS CANNERS COOPERATIVE. C. A. 5th Cir. Certiorari granted. Solicitor General Cox, Stuart Rothman, Dominick L. Manoli, Norton J. Come and Frederick U. Reel for petitioner. O. R. T. Bowden for respondent. Reported below: 288 F. 2d 630.

No. 138. IDLEWILD BON VOYAGE LIQUOR CORP. v. EPSTEIN [FORMERLY ROHAN] ET AL.; and

No. 180, Misc. IDLEWILD BON VOYAGE LIQUOR CORP. V. BICKS ET AL., U. S. DISTRICT COURT JUDGES. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit granted in No. 138, and motion for leave to file petition for writ of mandamus granted in No. 180, Misc. Charles H. Tuttle for petitioner. Louis J. Lefkowitz, Attorney General of New York, Paxton Blair, Solicitor General, and Julius L. Sackman for respondents in No. 138. Reported below: 289 F.2d 426.

No. 190. UNITED STATES v. DAVIS ET UX.; and No. 268. DAVIS ET UX. v. UNITED STATES. Court of Claims. Certiorari granted. Solicitor General Cox, Assistant Attorney General Oberdorfer and I. Henry Kutz for the United States in No. 190, and Solicitor General Cox, Assistant Attorney General Oberdorfer, Meyer Rothwacks and Harold C. Wilkenfeld for the United States in No. 268. Converse Murdoch for Davis et ux. Reported below: Ct. Cl., 287 F. 2d 168.

No. 241. SUNKIST GROWERS, INC., ET AL. v. WINCKLER & SMITH CITRUS PRODUCTS CO. ET AL. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted limited to Question 1 presented by the petition, which reads as follows:

"1. Where a group of citrus fruit growers form a cooperative organization for the purpose of collectively processing and marketing their fruit, and carry out those functions through the agency of three cooperative agricultural associations, each of which is basically wholly owned and governed by those growers, and each of which is admittedly entitled to the exemption from the antitrust laws accorded to agricultural cooperatives by the CapperVolstead Act (7 U. S. C. A., sec. 291)-is an unlawful conspiracy, combination or agreement established under Sections 1 and 2 of the Sherman Act upon proof only that these growers, through the agency of these three cooperatives, agreed among only themselves with respect to the extent of the division of the function of processing between them or with respect to the price they would charge in the open market for the fruit and the by-products thereof processed and marketed by them?"

Ross C. Fisher and Herman F. Selvin for petitioners. William C. Dixon for respondents. Reported below: 284 F.2d 1.

No. 242. GLIDDEN COMPANY V. ZDANOK ET AL. Motions of California Manufacturers Association; National Paint, Varnish and Lacquer Association, Inc.; National Association of Margarine Manufacturers; Ohio Chamber of Commerce; Illinois State Chamber of Commerce; Institute of Shortening and Edible Oils, Inc.; American Spice Trade Association; Georgia State Chamber of Commerce; Chamber of Commerce of Cleveland, Ohio; and Chamber of Commerce of the United States for leave to file briefs, as amici curiae, granted. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit granted limited to question (d) presented by the petition, which reads as follows: "(d) Does participation by a Court of Claims judge vitiate the judgment of the Court of Appeals?"

In all other respects the petition for writ of certiorari is denied.

Pursuant to 28 U. S. C. § 2403, the Court hereby certifies to the Attorney General that there is drawn in question in this case the constitutionality of the Act of July 28, 1953, 67 Stat. 226 (28 U. S. C. § 171).

Chester Bordeau for petitioner. Morris Shapiro and Harry Katz for respondents.

Carl M. Gould for California Manufacturers Association; Daniel S. Ring for National Paint, Varnish and Lacquer Association, Inc.; Ashley Sellers and Jesse E. Baskette for National Association of Margarine Manufacturers; Clarence D. Laylin and John Eckler for Ohio Chamber of Commerce; Henry E. Seyfarth for Illinois State Chamber of Commerce; Jerome Ackerman for the Institute of Shortening and Edible Oils, Inc.; Charles H. Tuttle for American Spice Trade Association; John E. Branch for the Georgia State Chamber of Commerce; Frank C. Heath for the Chamber of Commerce of Cleveland, Ohio; and William B. Barton for the Chamber of Commerce of the United States, as amici curiae.

Briefs of amici curiae, in support of the petition, were filed by Francis M. Shea and Richard T. Conway for the Judges of the United States Court of Claims, and by Edward C. First, Jr. and Gilbert Nurick for the Pennsylvania State Chamber of Commerce. Reported below: 288 F.2d 99.

No. 341, Misc. LURK v. UNITED STATES. Motion to use the record in No. 669, October Term, 1960, granted. Motion for leave to proceed in forma pauperis and petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit granted. Case transferred to appellate docket. Eugene Gressman for petitioner. Solicitor General Cox, Assistant Attorney General Miller, Robert S. Erdahl and Philip R. Monahan for the United States. Reported below: 111 U. S. App. D. C. 238, 296 F. 2d 360.

No. 41, Misc. GALLEGOS v. COLORADO. Motion for leave to proceed in forma pauperis and petition for writ of certiorari to the Supreme Court of Colorado granted. Case transferred to appellate docket. Charles S. Vigil for petitioner. Duke W. Dunbar, Attorney General of Colorado, Frank E. Hickey, Deputy Attorney General, and J. F. Brauer, Assistant Attorney General, for respondent. Reported below: See 145 Colo. 53, 358 P. 2d 1028.

No. 50, Misc. DOUGLAS ET AL. v. CALIFORNIA. Motion for leave to proceed in forma pauperis and petition for writ of certiorari to the Supreme Court of California granted. Case transferred to appellate docket. Burton Marks for petitioners. Stanley Mosk, Attorney General of California, William E. James, Assistant Attorney General, and Jack E. Goertzen, Deputy Attorney General, for respondent. Reported below: See 187 Cal. App. 2d 802, 10 Cal. Rptr. 188.