DECISIONS PER CURIAM, ETC., FROM APRIL 23, 1940, THROUGH JUNE 3, 1940.* Mc No. 879. LOVING ET AL., A COPARTNERSHIP, v. UNITED STATES ET AL. Appeal from the District Court of the United States for the Western District of Oklahoma. April 29, 1940. Per Curiam: The judgment is affirmed. Donald v. Thompson, 305 U. S. 263, 266; United States v. Maher, 307 U. S. 148, 153–154; Interstate Commerce Commission v. Union Pacific R. Co., 222 U. S. 541, 547-548; Los Angeles Switching Case, 234 U. S. 294, 311-312. Messrs. Robert H. Ledbetter and E. P. Ledbetter for appellants. Reported below: 32 F. Supp. 464. No. 881. OHIO EX REL. JONAK V. WHITE ET AL., MEMBERS OF THE INDUSTRIAL COMMISSION OF OHIO. Appeal from the Supreme Court of Ohio. April 29, 1940. Per Curiam: The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question. Louisville & Nashville R. Co. v. Schmidt, 177 U. S. 230, 236; Holmes v. Conway, 241 U. S. 624, 631-632; Hardware Dealers Insurance Co. v. Glidden, 284 U. S. 151, 158; Snyder v. Massachusetts, 291 U. S. 97, 105; Radium Dial Co. v. Ryan, 308 U. S. 504. Mr. Lody Huml for appellant. Mr. Thomas J. Herbert for appellees. Reported below: 136 Ohio St. 213; 24 N. E. 2d 826. No. —, original. EX PARTE JOHN A. CURTIS. April 29, 1940. Motion for leave to file a petition for writ of habeas corpus denied. *For decisions on applications for certiorari, see post, pp. 616, 624; for rehearing, post, pp. 654, 656. For cases disposed of without consideration by the Court, post, p. 654. 609 Decisions Per Curiam, Etc. 310 U.S. No., original. EX PARTE RAILROAD COMMISSION OF TEXAS ET AL. April 29, 1940. Motion for leave to file a petition for a writ of mandamus denied. No. 552. MURRAY, RECEIVER, ET AL. v. CITY OF NEW YORK ET AL.; and No. 558. ROBERTS, RECEIVER, v. MURRAY, RECEIVER, ET AL. April 29, 1940. The motion further to defer consideration of the petitions for writs of certiorari to the Circuit Court of Appeals for the Second Circuit is granted and consideration is deferred until October 7 next. The CHIEF JUSTICE took no part in the consideration and decision of this application. Reported below: 103 F. 2d 889. No. 915. SOUTHERN SERVICE Co., LTD., v. COUNTY OF LOS ANGELES ET AL. Appeal from the Supreme Court of California. May 6, 1940. Per Curiam: The motion to dismiss is granted and the appeal is dismissed for the want of a substantial federal question. (1) Graham & Foster v. Goodcell, 282 U. S. 409, 429-430; Eitel v. Toman, 308 U. S. 505; Sears, Roebuck & Co. v. Toman, 308 U. S. 505. (2) Ohio Oil Co. v. Conway, 281 U. S. 146, 159; Railroad Co. v. Commissioners, 98 U. S. 541, 543-544; Chesebrough v. United States, 192 U. S. 253, 259-260. Messrs. W. Sumner Holbrook, Jr., Karl D. Loos, and Preston B. Kavanagh for appellant. Mr. W. B. McKesson for the County of Los Angeles; and Messrs. Ray L. Chesebro and Leon Thomas David for the City of Los Angeles, appellees. Reported below: 15 Cal. 2d 1; 97 P. 2d 963. No. 921. WYNNE ET AL. v. TEXAS. Appeal from the Supreme Court of Texas. May 6, 1940. Per Curiam: The appeal is dismissed for the want of a substantial 310 U.S. Decisions Per Curiam, Etc. federal question. Hodge v. Muscatine County, 196 U. S. 276. Mr. Sproesser Wynn for appellants. Reported below: 134 Texas 455; 113 S. W. 2d 325; 133 S. W. 2d 951. 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. May 6, 1940. Motion for stay. The enforcement of the injunction is stayed until action upon the statement as to jurisdiction. See p. 616. No., original. EX PARTE W. J. MEREDITH ET AL. May 6, 1940. The motion for a temporary restraining order pending the motion for leave to file a petition for a writ of mandamus, presented to MR. JUSTICE FRANKFURTER and referred by him to the Court, is denied. No., original. EX PARTE R. L. SCOTT. May 6, 1940. Motion for leave to file a petition for writ of mandamus denied. No. 943. EAVEY COMPANY ET AL. V. DEPARTMENT OF TREASURY OF INDIANA ET AL. Appeal from the Supreme Court of Indiana. May 20, 1940. Per Curiam: The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question. Hendrick v. Maryland, 235 U. S. 610; Hicklin v. Coney, 290 U. S. 169, 173; Carley & Hamilton v. Snook, 281 U. S. 66, 72–73; Arthur v. Indiana, 309 U. S. 630. Messrs. Lloyd D. Claycombe and Albert Stump for appellants. Messrs. Joseph W. Hutchinson and Rexell A. Boyd for appellees. Reported below: 24 N. E. 2d 268. Decisions Per Curiam, Etc. 310 U.S. No., original. EX PARTE JOSEPH MURPHY. May 20, 1940. Motion for leave to file petition for writ of habeas corpus denied. No., original. EX PARTE W. J. MEREDITH. May 20, 1940. Motion for leave to file petition for writ of mandamus denied. No. 813. MONTGOMERY WARD & Co. v. DUNCAN. May 20, 1940. Motion of the respondent to dismiss the writ of certiorari denied. No. 1003. SHELLEY V. UNITED STATES. May 20, 1940. Application denied. Rebecca Shelley, pro se. No. 13, original. PENNSYLVANIA V. NEW JERSEY ET AL. Argued April 22, 1940. Decided May 27, 1940. Per Curiam: As the questions sought to be presented in this suit by the Commonwealth of Pennsylvania have been determined by the judgment of this Court in Delaware River Joint Toll Bridge Commission v. Colburn, ante, p. 419, the complaint herein is dismissed without costs to either party. Mr. Wm. A. Schnader, with whom Mr. Claude T. Reno, Attorney General of Pennsylvania, was on the brief, for complainant. Mr. John W. Ockford, Assistant Attorney General, for New Jersey; and Mr. Egbert Rosencrans and Mr. Robert B. Meyner, pro hac vice, for John D. Colburn et al.,-defendants. No. 459. H. ROUW COMPANY v. CRIVELLA. Certiorari, 308 U. S. 544, to the Circuit Court of Appeals for the Eighth Circuit. Submitted February 8, 1940. Decided May 27, 1940. Per Curiam: In the light of Public, No. 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) |