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310 U.S.

Decisions Per Curiam, Etc.

515, 76th Congress, Third Session, approved May 14, 1940, and, it appearing that it was the intention of the Congress to make that Act applicable to the present case, and to other cases similarly situated, the judgment of the Court of Appeals is reversed and the cause is remanded to the District Court with directions to hear the appeal from the award of the Secretary of Agriculture. Messrs. William L. Curtis and D. H. Howell submitted for petitioner. Messrs. Harry P. Daily and John P. Wood submitted for respondent. By leave of Court, Solicitor General Biddle, Assistant Attorney General Arnold, and Messrs. Robert L. Stern, Robert K. McConnaughey, Mastin G. White, and Joseph O. Parker filed a brief on behalf of the United States, as amicus curiae, urging reversal. Reported below: 105 F. 2d 434.

No. 822. STATE OF WASHINGTON EX REL. COLUMBIA BROADCASTING Co. v. SUPERIOR COURT OF THE STATE OF WASHINGTON For King CountY ET AL. Certiorari, 309 U. S. 638, to the Supreme Court of the State of Washington. May 27, 1940. Per Curiam: It appearing that the cause has become moot, the judgment of the Supreme Court of Washington is vacated and the cause is remanded for such proceedings as by that court may be deemed appropriate, without costs to either party in this Court. Florida v. Knott, 308 U. S. 507. Messrs. Cassius E. Gates and Godfrey Goldmark for petitioner. Reported below: 1 Wash. 2d 379; 96 P. 2d 248.

No. 998. SAENGER REALTY CORP. v. GROSJEAN, COLLECTOR OF REVENUE. Appeal from the Supreme Court of Louisiana. May 27, 1940. Per Curiam: The motion to dismiss is granted and the appeal is dismissed for the want of a properly presented substantial federal question. (1)

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No.—criza EX PARTE ARTETE R. MCCLEARY; and Nɔ. —, original EX PARTE HARRY MURRAY. May 27. 1940. The motions for leave to le petitions for writs of habeas corpus are denied.

No.- original. EX PARTE NORMAN BAKER May 27, 1940. The motion for leave to file petition for writ of habeas corpus is denied. The motion for leave to apply for a writ of certiorari is also denied.

No.- original. UNITED STATES EX REL. GEISELMAN V. HUNT, WARDEN. May 27, 1940. Motion for leave to proceed in forma pauperis, and motion for leave to file a petition for a writ of certiorari to the Circuit Court of Appeals for the Second Circuit, denied.

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LEWIS, EXECUTRIX, ET AL. v. FONTENTO, COLLECTOR. May 27, 1940. Application denied.

No. 15, original. KANSAS v. MISSOURI. May 27, 1940. The motion for leave to file a bill of complaint is granted

310 U.S.

Decisions Per Curiam, Etc.

and process is ordered to issue returnable September 1, next. Messrs. Jay S. Parker, Attorney General of Kansas, A. B. Mitchell, Assistant Attorney General, Clarence V. Beck, and Errett P. Scrivner for complainant.

No. 1001. DOYLE V. CITY OF ST. PAUL ET AL. Appeal from the Supreme Court of Minnesota. June 3, 1940. Per Curiam: The judgment is affirmed. Violet Trapping Co. v. Grace, 297 U. S. 119, 120; Ingraham v. Hanson, 297 U. S. 378, 381; Schenebeck v. McCrary, 298 U. S. 36, 37. Mr. Oscar Hallam for appellant. Mr. John W. McConneloug for appellees. Reported below: 206 Minn. 649; 289 N. W. 784.

No. 476. UNITED STATES v. NORTHERN PACIFIC RAILWAY CO. ET AL. Appeal from the District Court of the United States for the Eastern District of Washington. June 3, 1940. This cause is set for reargument October 14, 1940. The Court desires to hear argument limited to the purpose, scope, and effect of the Act of June 25, 1929, the relief thereby afforded the parties, and the defenses made available to them; and to appellant's assignments of errors 1-12 inc., 13 (insofar as it relates to failure to construct a line from Wallula, Washington, to Portland, Oregon), 19-27 inc., 29, 30, 32, 33, 36-40 inc., 42, 43, 52-54 inc.-particularly with reference to the bearing of the matters comprehended in these assignments upon the nature and extent of the relief accorded, and the defenses made available, to the parties respectively, by §§ 1, 2, 5, and 6 of said Act.

No., original. EX PARTE EDMOND C. FLETCHER. June 3, 1940. Motion for leave to file petition for writ of prohibition denied.

Decisions Granting Certiorari.

310 U.S.

No., original. EX PARTE ROBERT H. DENTON, JR. June 3, 1940. Motion for leave to file petition for writ of habeas corpus denied.

No. —, original. EX PARTE ALBERT SMITH. June 3, 1940. Motion for leave to file petition for writ of mandainus denied.

No. 15, original. KANSAS v. MISSOURI. June 3, 1940. Motion of E. A. Cole for leave to file a Bill of Intervention denied. Messrs. Jay S. Parker, Attorney General of Kansas, A. B. Mitchell, Assistant Attorney General, Clarence V. Beck, and Errett P. Scrivner for complainant. Mr. Robert Stone for E. A. Cole.

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No. 785. LoWMAN v. FEDERAL LAND BANK OF LOUISVILLE ET AL. June 3, 1940. Motion for leave to file second petition for rehearing in this case granted. See post, p. 656.

No. 930. RAILROAD COMMISSION OF TEXAS ET AL. v. HUMBLE OIL & REFINING Co. Appeal from the District Court of the United States for the Western District of Texas. June 3, 1940. In this case probable juridiction is noted. The motion to advance is denied. The motion for stay is granted and the enforcement of the decree of the District Court is stayed pending the determination of the case by this Court.

DECISIONS GRANTING CERTIORARI, FROM
APRIL 23, 1940, THROUGH JUNE 3, 1940.

No. 907. BERNARDS ET AL. V. JOHNSON ET AL. April 29, 1940. Motion for leave to proceed in forma pauperis,

310 U.S.

Decisions Granting Certiorari.

and petition for writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit, granted. Martin J. Bernards and Lena Bernards, pro se. Reported below: 103 F. 2d 567.

No. 843. HELVERING, COMMISSIONER OF INTERNAL REVENUE, V. JANNEY ET AL. April 29, 1940. Petition for writ of certiorari to the Circuit Court of Appeals for the Third Circuit granted. MR. JUSTICE ROBERTS took no part in the consideration and decision of this application. Attorney General Jackson for petitioner. Reported below: 103 F. 2d 564.

No. 847. STERN BROTHERS & Co. v. HELVERING, COMMISSIONER OF INTERNAL REVENUE. April 29, 1940. Petition for writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit granted. Messrs. Arthur Mag and John H. McEvers for petitioner. Solicitor General Biddle for respondent. Reported below: 108 F. 2d 309.

No. 864. FEDERAL COMMUNICATIONS COMMISSION V. COLUMBIA BROADCASTING SYSTEM OF CALIFORNIA, INC. May 6, 1940. Petition for writ of certiorari to the Court of Appeals for the District of Columbia granted. Solicitor General Biddle and Mr. William J. Dempsey for petitioner. Mr. D. M. Patrick for respondent. Reported below: 108 F. 2d 737.

No. 865. FEDERAL COMMUNICATIONS COMMISSION V. ASSOCIATED BROADCASTERS. May 6, 1940. Petition for writ of certiorari to the Court of Appeals for the District of Columbia granted. Solicitor General Biddle and Mr. William J. Dempsey for petitioner. Reported below: 108 F.2d 737.

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