October 16, 20, 23, 1961.

368 U.S.

No. 255, Misc.

SULLIVAN v. DICKSON, WARDEN. Peti

tion for writ of certiorari and for other relief to the United States Court of Appeals for the Ninth Circuit denied.

No. 481, Misc. GREEN v. NEW YORK. Court of Appeals of New York. Certiorari denied.

Rehearing Denied.

No. 76, October Term, 1960. BARGAINTOWN, U. S. A., INC., ET AL. v. WHITMAN, DISTRICT ATTORNEY OF LEBANON COUNTY, PA., ET AL., 367 U. S. 903; and

No. 955, October Term, 1960. THOMAS V. UNITED STATES, 366 U. S. 961. Petitions for rehearing denied.

Certiorari Denied.

OCTOBER 20, 1961.

No. 629, Misc. SCHUCK V. PENNSYLVANIA. Supreme Court of Pennsylvania. Certiorari denied.

OCTOBER 23, 1961.

Order Appointing Clerk.

IT IS ORDERED that John F. Davis be appointed Clerk of this Court to succeed James R. Browning effective at the commencement of business October 23, 1961, and that he take the oath of office and give bond as required by statute and the order of this Court entered November 22, 1948.

Miscellaneous Orders.

No. 357, October Term, 1960. UNITED STATES V. CONSOLIDATED EDISON CO. OF NEW YORK, INC., 366 U. S. 380. Motion of A. Chauncey Newlin for leave to file petition for rehearing, as amicus curiae, denied. James K. Polk, Richard Joyce Smith and Julius M. Jacobs, for respondent, in opposition.

No. 42. CAMPBELL, COMMISSIONER OF AGRICULTURE OF GEORGIA, ET AL. v. HUSSEY ET AL. Appeal from the United States District Court for the Southern District of Georgia. (Probable jurisdiction noted, 365 U. S. 866.) Motion of the Solicitor General for leave to participate in oral argument, as amicus curiae, granted. Solicitor General Cox on the motion.

No. 46. HUTCHESON v. UNITED STATES. Certiorari, 365 U. S. 866, to the United States Court of Appeals for the District of Columbia Circuit. Motion of M. Joseph Matan for leave to withdraw his appearance as counsel for petitioner granted.

No. 66. BLAU v. LEHMAN ET AL. Certiorari, 366 U. S. 902, to the United States Court of Appeals for the Second Circuit. Motion of the Society of Corporate Secretaries for leave to file brief, as amicus curiae, granted. Bruce Bromley on the motion.

No. 74. FEDERAL TRADE COMMISSION v. HENRY BROCH & Co. Certiorari, 366 U. S. 923, to the United States Court of Appeals for the Seventh Circuit. Motion of respondent to remove this case from the summary calendar granted. Frederick M. Rowe, Joseph DuCoeur and Harold Orlinsky on the motion.

No. 242. GLIDDEN COMPANY V. ZDANOK ET AL. Certiorari, ante, p. 814, to the United States Court of Appeals for the Second Circuit. Motion of the United States for leave to intervene granted. Solicitor General Cox on the motion.

No. 461, Misc. CRISAFI v. MCGEE, CORRECTIONS DIRECTOR, ET AL. Motion for leave to file petition for writ of habeas corpus denied. Treating the papers submitted as a petition for writ of certiorari, certiorari denied.

Probable Jurisdiction Noted.

No. 2. METLAKATLA INDIAN COMMUNITY, ANNETTE ISLAND RESERVE, v. EGAN, GOVERNOR OF ALASKA, ET AL.; and

No. 3. ORGANIZED VILLAGE OF KAKE ET AL. v. EGAN, GOVERNOR OF ALASKA. Appeals from the Supreme Court of Alaska. (See 363 U. S. 555.) Probable jurisdiction noted. Richard Schifter and Theodore H. Little for appellant in No. 2. John H. Cragun and Frances L. Horn for appellants in No. 3. Ralph E. Moody, Attorney General of Alaska, for appellees. Reported below: Alaska 362 P.2d 901.

Certiorari Granted. (See also No. 303, ante, p. 16.)

No. 234. BENZ V. NEW YORK STATE THRUWAY AUTHORITY. Court of Appeals of New York. Certiorari granted. Lauren D. Rachlin for petitioner. Louis J. Lefkowitz, Attorney General of New York, Paxton Blair, Solicitor General, and Julius L. Sackman for respondent. Reported below: 9 N. Y. 2d 486, 174 N. E. 2d 727.

No. 278. PRESSER V. UNITED STATES. C. A. 6th Cir. Certiorari granted. Edwin Knachel for petitioner. Solicitor General Cox, Assistant Attorney General Miller, Beatrice Rosenberg and Sidney M. Glazer for the United States. Reported below: 292 F. 2d 171.

No. 304. CONTINENTAL ORE CO. ET AL. v. UNION CARBIDE & CARBON CORP. ET al. Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted limited to Questions 2, 5, and 6 presented by the petition, which read as follows:

"2. Whether an Appellate Court can take away from a jury the question of causal effect concerning an injury by

a 100% two-company monopoly (admittedly achieved pursuant to an intent to monopolize) when the question of violation is confessed and the issue of measurement of damages is more than sufficiently supported by relevant economic data and where the destruction of the plaintiff company (petitioners herein) was admitted to be, by a chief executive officer of a defendant, an important goal of the monopolist?"

"5. Whether petitioners, an American company, can claim damages under the anti-trust laws for injury caused by their elimination from the Canadian market when it was shown that two other American companies had entered into a conspiracy to eliminate all competition and to monopolize the industry and when it is shown that as part of this conspiracy one of the American companies utilized its domination and control over a wholly owned Canadian subsidiary, which had been given a discretionary power by the Canadian government to allocate the importation of vanadium into Canada during the war, to exclude the exports of petitioners (competitors) from entering Canada for sale to petitioners' Canadian customers and when it is shown that the refusal of the Canadian subsidiary to allocate vanadium to petitioners' Canadian customers was directed by its American parent company pursuant to the overall conspiracy to eliminate all competition and specifically to eliminate petitioners. This issue was erroneously decided against petitioners on the Court of Appeals' manifest misapplication of this Court's recent opinion in Eastern Railroad Pres. Conf. v. Noerr Motor Frgt., Inc. (1961), 365 U. S. 127, 81 S. Ct. 523."

"6. Whether petitioners, against whom a directed verdict was ordered by the Appellate Court, were deprived of a trial by jury by the Appellate Court below which weighed the evidence, made factual rulings on the suffi

ciency of evidence of causation, did not view the evidence as a whole, did not allow petitioners the benefit of all their evidence, did not allow petitioners the benefit of all inferences and presumptions to be drawn from the evidence and did not resolve all conflicts in the evidence in favor of petitioners in direct conflict with this Court's opinion in Beacon Theatres, Inc., v. Westover, 359 U. S. 500 (1959)."

Joseph L. Alioto and Maxwell Keith for petitioners. Herbert W. Clark, Richard J. Archer and Girvan Peck for Union Carbide Corp. and United States Vanadium Corp., and Edward R. Neaher and Francis N. Marshall for Vanadium Corporation of America, respondents. Reported below: 289 F. 2d 86.

No. 323. VAUGHAN V. ATKINSON ET AL. Motion to dispense with printing petition for writ of certiorari granted. Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit granted. Jacob L. Morewitz for petitioner. Barron F. Black for respondents. Reported below: 291 F. 2d 813.

Certiorari Denied. (See also No. 461, Misc., supra; No. 298, ante, p. 15; and No. 326, ante, p. 18.)

No. 167. OAKLEY V. UNITED STATES. C. A. 6th Cir. Certiorari denied. O. John Rogge and Josiah Lyman for petitioner. Solicitor General Cox, Assistant Attorney General Miller, Robert S. Erdahl and Jerome M. Feit for the United States. Reported below: 290 F. 2d 517.

No. 210. FOLEY V. UNITED STATES. C. A. 8th Cir. Certiorari denied. Morris A. Shenker for petitioner. Solicitor General Cox, Assistant Attorney General Oberdorfer, Meyer Rothwacks and Jack M. Cotton for the United States. Reported below: 290 F. 2d 562.