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tioner. Irwin N. Walker for respondent. Reported below: 169 F. 2d 179.

No. 363. BOYLAN ET AL. V. DETRIO ET AL. C. A. 5th Cir. Certiorari denied. Sol M. Selig for petitioners. Webb M. Mize and R. W. Thompson, Jr. for respondents. Reported below: 169 F. 2d 77.

No. 268. WEBER V. UNITED STATES. C. A. 5th Cir. Certiorari denied. Petitioner pro se. Solicitor General Perlman, Robert S. Erdahl and Joseph M. Howard for the United States. Reported below: 168 F. 2d 521.

No. 53, Misc. MARTIN v. UNITED STATES. C. A. 4th Cir. Certiorari denied. Petitioner pro se. Solicitor General Perlman, Robert S. Erdahl and Joseph M. Howard for the United States. Reported below: 168 F. 2d 1003.

No. 78, Misc. HARRIS v. UNITED STATES. United States Court of Appeals for the District of Columbia Circuit. Certiorari denied. Joseph A. McMenamin for petitioner. Solicitor General Perlman, Robert S. Erdahl and Joseph M. Howard for the United States. Reported below: 83 U. S. App. D. C. 348, 169 F. 2d 887.

No. 90, Misc. IN RE ELAM. Supreme Court of Missouri. Certiorari denied. Petitioner pro se. Irvin Fane and John B. Pew for the Circuit Bar Committee, respondent. Reported below: 357 Mo. 922, 211 S. W. 2d 710.

No. 148, Misc. THIEL v. SOUTHERN PACIFIC Co. C. A. 9th Cir. Certiorari denied. Allen Spivock for petitioner. Arthur B. Dunne for respondent. Reported below: 169 F. 2d 30.

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No. 166, Misc. WALLACE V. RAGEN, WARDEN. Criminal Court of Cook County, Illinois. Certiorari denied.

No. 189, Misc. DANIELS v. ASHE, WARDEN. Supreme Court of Pennsylvania. Certiorari denied.

No. 190, Misc. PRICE V. RAGEN, WARDEN. Circuit Court of McLean County, Illinois. Certiorari denied.

No. 195, Misc. BRABSON v. NEW YORK. Court of Appeals of New York. Certiorari denied. Reported below: See 284 N. Y. 381, 31 N. E. 2d 496.

No. 201, Misc. MACBLAIN V. PENNSYLVANIA. Supreme Court of Pennsylvania. Certiorari denied.

No. 203, Misc. MARTIN V. CALIFORNIA. Supreme Court of California. Certiorari denied.

No. 50, Misc. MEREDITH V. GOUGH, ACTING WARDEN. C. A. 5th Cir. Hiatt, Warden, substituted as party respondent. Certiorari denied. Petitioner pro se. Solicitor General Perlman and Robert S. Erdahl for respondent. Reported below: 168 F. 2d 193.

Rehearing Denied.

No. 19.

PENN v. CHICAGO & NORTH WESTERN RAILWAY Co., ante, p. 849. Rehearing denied.

No. 233. BRODEL v. WARNER BROS. PICTURES, INC., ante, p. 844. Rehearing denied.

No. 241. BLANC v. SPARTAN TOOL Co., ante, p. 853. Rehearing denied.

Certiorari Denied.

December 2, 6, 1948.

DECEMBER 2, 1948.

335 U.S.

No. 244, Misc. WHEELER v. REID, SUPERINTENDENT. United States Court of Appeals for the District of Columbia Circuit. Certiorari denied. Motion for reconsideration of the order denying stay of execution also denied. James J. Laughlin for petitioner.

DECEMBER 6, 1948.

Per Curiam Decisions.

No. 263. WIXMAN v. UNITED STATES. On petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Per Curiam: The petition for writ of certiorari is granted. The judgment of the Court of Appeals affirming the judgment of the District Court is reversed for the reason that there is insufficient evidence in the record to support it. The judgment of the District Court is vacated and the case is remanded to that court for further proceedings. A. L. Wirin and Fred Okrand for petitioner. Solicitor General Perlman filed a memorandum for the United States suggesting that certiorari issue and that, without further argument, the judgment below be reversed and the cause remanded to the District Court. Briefs of amici curiae supporting the petition were filed by Charles A. Horsky, Julien Cornell, Osmond K. Fraenkel and Arthur Garfield Hays for the American Civil Liberties Union; Robert W. Kenney for the National Lawyers Guild et al.; and Isaac Pacht, Clore Warne, Irving Hill, Shad Polier, William Maslow and Joseph B. Robison for the American Jewish Congress. Reported below: 167 F. 2d 808.

No. 369. BETHLEHEM STEEL Co. v. MOORES. Appeal from the Supreme Judicial Court and the Superior Court

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of the County of Suffolk, Massachusetts. Per Curiam: The judgment is affirmed. Davis v. Department of Labor, 317 U. S. 249. Wm. Dwight Whitney for appellant. Samuel B. Horovitz for appellee. Reported below: See 323 Mass. 162, 80 N. E. 2d 478.

No. 393. WISNER V. KAMINSKI. Appeal from the Supreme Court of Ohio. Per Curiam: The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question. Ralph Atkinson for appellant. Henderson H. Carson for appellee. Reported below: See 149 Ohio St. 488, 79 N. E. 2d 327.

No. 397. BRADY TRANSFER & STORAGE CO. ET AL. v. UNITED STATES ET AL. Appeal from the United States District Court for the Southern District of Iowa. Per Curiam: The motion to affirm is granted and the judgment is affirmed. United States v. Carolina Freight Carriers Corp., 315 U. S. 475. Rex H. Fowler, John S. Burchmore, Robert N. Burchmore and Nuel D. Belnap for the Brady Transfer & Storage Co.; and James E. Wilson for the Irregular Route Common Carrier Conference of the American Trucking Assns., Inc., appellants. Solicitor General Perlman and Daniel W. Knowlton for the United States et al., appellees. Reported below: 80 F. Supp. 110.

No. 400. HALL V. VIRGINIA. Appeal from the Supreme Court of Appeals of Virginia. Per Curiam: The motion to dismiss is granted and the appeal is dismissed. MR. JUSTICE DOUGLAS and MR. JUSTICE MURPHY are of opinion that probable jurisdiction should be noted. Hayden C. Covington and Thos. H. Stone for appellant. J. Lindsay Almond, Jr. for appellee. Reported below: 188 Va. 72, 49 S. E. 2d 369.

335 U. S.

December 6, 1948.

Miscellaneous Orders.

No. 239, Misc.

No. 240, Misc.

No. 248, Misc.

HIROTA V. MACARTHUR ET AL.;

DOHIHARA V. MACARTHUR ET AL.; and KIDO ET AL. v. MACARTHUR ET AL. The Court desires to hear argument upon the questions presented by the motions for leave to file petitions for writs of habeas corpus. Action upon the motions for leave to file will be withheld meanwhile, and the motions are set down for oral argument on Thursday, December 16, 1948. THE CHIEF JUSTICE, MR. JUSTICE REED, MR. JUSTICE FRANKFURTER, and MR. JUSTICE BURTON are of the opinion that there is want of jurisdiction. U. S. Constitution, Article III, § 2, Clause 2. MR. JUSTICE JACKSON has filed a memorandum stating his views. David F. Smith for petitioners in Nos. 239 and 240. George Yamaoka was also of counsel in No. 239. John W. Crandall and Ben Bruce Blakeney for petitioners in No. 248.

MR. JUSTICE JACKSON:

Four members of this Court feel that the Japanese convicted of war crimes should have some form of relief, at least tentative, from this Court. The votes of these are not enough to grant it but, if I refrain from voting, they constitute one-half of the sitting Court. As I understand it, these Justices do not commit themselves as to whether there is any constitutional power in this Court to entertain these proceedings but only feel that they would like to hear argument to enlighten them in reaching a determination of that issue. They feel it so strongly that they not only favored grant of relief in conference, but, having failed, announce their dissent to the public— an interested section of which consists of our late enemies and allies in the Orient. This perhaps is all that these Justices could do consistently with the course that

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