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No. 1019. MERCANTILE-COMMERCE BANK & TRUST Co. ET AL. v. HELVERING, COMMISSIONER OF INTERNAL REVENUE. June 3, 1940. Petition for writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit denied. Mr. Blatchford Downing for petitioners. Solicitor General Biddle, Assistant Attorney General Clark, and Messrs. Sewall Key, L. W. Post, and Thomas E. Harris for respondent. Reported below: 111 F.2d 224.

No. 1057. ZISKIN V. UNITED STATES. June 3, 1940. Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied. Max Ziskin, pro se. Reported below: 111 F. 2d 649.

CASES DISPOSED OF WITHOUT CONSIDERATION BY THE COURT, FROM APRIL 23, 1940, THROUGH JUNE 3, 1940.

No. 839. TRINITY UNIVERSAL INSURANCE Co. v. CUNNINGHAM, EXECUTRIX, ET AL. On petition for writ of certiorari to the Circuit Court of Appeals for the Eighth Circuit. May 20, 1940. Dismissed on motion of counsel for the petitioner. Mr. Hobert Price for petitioner. Mr. Mont. T. Prewitt for respondents. Reported below: 107 F.2d 857.

PETITIONS FOR REHEARING GRANTED, FROM APRIL 23, 1940, THROUGH JUNE 3, 1940.

No. 417. NEW WORLD LIFE INSURANCE Co. v. UNITED STATES. May 20, 1940. The petition for rehearing is granted, and the order denying certiorari, entered November 22, 1939, 308 U. S. 612, is vacated. The petition for writ of certiorari to the Court of Claims is granted, lim

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ited to the second question presented thereby. Mr. Walter E. Barton for petitioner.

No. 707. REPUBLIC STEEL CORP. v. NATIONAL LABOR RELATIONS BOARD ET AL. May 20, 1940. The motion for leave to file a petition for rehearing is granted, and the petition for rehearing is also granted. The order denying certiorari, dated April 8, 1940, 309 U. S. 684, is vacated. The petition for writ of certiorari to the Circuit Court of Appeals for the Third Circuit is granted, limited to the fourth question therein presented, which relates to the work relief provisions of the decree below: provided that this order shall not operate to suspend the remaining provisions of the decree. Messrs. Luther Day, Thomas F. Patton, Joseph W. Henderson, and Mortimor S. Gordon for petitioner. Solicitor General Biddle and Messrs. Charles Fahy, Robert B. Watts, Laurence A. Knapp, and Mortimer B. Wolf, and Ruth Weyand for respondents. Messrs. Lee Pressman, Joseph Kovner and Anthony Wayne Smith for Steel Workers Organizing Committee, respondents.

No. 548. NEUBERGER V. COMMISSIONER OF INTERNAL REVENUE. May 27, 1940. The petition for rehearing is granted, and the order denying certiorari, entered January 2, 1940, 308 U. S. 623, is vacated. The petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit is granted, limited to the second and third questions thereby presented. Messrs. Joseph M. Proskauer and Wilbur H. Friedman for petitioner.

No. 353. MILK WAGON DRIVERS UNION OF CHICAGO, LOCAL 753, ET AL. V. MEADOW MOOR DAIRIES, INC. June 3, 1940. Motion for leave to file a second petition for re

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hearing granted. The motion papers are treated as a petition for rehearing, and rehearing is granted. The order of October 23, 1939, denying certiorari, 308 U. S. 596, is vacated. The petition for certiorari to the Supreme Court of Illinois is granted. Messrs. Joseph Padway and Abraham W. Brussell for petitioners. Messrs. Donald N. Schaffer and Edward M. Keating for respondent.

PETITIONS FOR REHEARING DENIED, FROM APRIL 23, 1940, THROUGH JUNE 3, 1940.

No. 712. BANNER MACHINE Co. v. ROUTZAHN, COLLECTOR OF INTERNAL REVENUE. April 29, 1940. 309 U. S. 676.

No. 785.

LOWMAN v. FEDERAL LAND BANK OF LOUISVILLE ET AL. April 29, 1940. 309 U. S. 680; see also ante, p. 616.

No. 823. A. M. KLEMM &

SON v. CITY OF WINTER

HAVEN ET AL. April 29, 1940. 309 U. S. 638.

No. 773. MCCANN v. NEW YORK STOCK EXCHANGE ET AL. May 6, 1940. 309 U. S. 684.

No. 10, Original, October Term, 1935. COLORADO. May 20, 1940. 309 U. S. 572.

WYOMING V.

No. 542. CITY OF YONKERS v. DOWNEY, RECEIVER; Nos. 543 and 544. CONDON, MAYOR, ET AL. v. SAME. May 20, 1940. 309 U. S. 590.

310 U. S.

No. 579.

v. BYERLY.

No. 587. FRANCISCO.

Rehearing Denied.

UNION JOINT STOCK LAND BANK OF DETROIT
May 20, 1940. Ante, p. 1.

UNITED STATES v. CITY AND COUNTY OF SAN
May 20, 1940. Ante, p. 16.

No. 667. CARLSON V. CALIFORNIA. May 20, 1940. Ante, p. 106.

No. 729. GOLDSMITH V. UNITED STATES. May 20, 1940. 309 U. S. 678.

No. 793. STEELMAN ET AL. v. WICHITA FALLS & SOUTHERN RY. Co. May 20, 1940. 309 U. S. 687.

No. 844. FLORIDA EX REL. GARLAND V. CITY OF WEST PALM BEACH;

No. 845. FLORIDA EX REL. YOEMAN v. CITY OF SARASOTA; and

No. 846. FLORIDA EX REL. GARLAND v. CITY OF SARASOTA. May 20, 1940. 309 U. S. 639, 640.

Nos. 614 and 615, October Term, 1938. FARMERS' LOAN & TRUST CO., TRUSTEE, ET AL. V. BOWERS, EXECUTOR. May 27, 1940. Motion for leave to file a second petition for rehearing denied. MR. JUSTICE REED took no part in the consideration or decision of this application. 308 U. S.

634.

No. 381. RIECK V. HELVERING, COMMISSIONER OF INTERNAL REVENUE. May 27, 1940. Motion for leave to file a petition for rehearing denied. 308 U. S. 602.

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No. 854. Co. ET AL.

MOON v. UNION CENTRAL LIFE INSURANCE
May 27, 1940. Ante, p. 624.

No. 915. SOUTHERN SERVICE Co., LOS ANGELES ET AL. May 27, 1940.

LTD. v. COUNTY OF
Ante, p. 610.

No. 179. JONES v. PAGE ET AL.;
No. 188. JACOBS v. NEW YORK; and
No. 457.

GANS STEAMSHIP LINE v. UNITED STATES. June 3, 1940. The motions for leave to file petitions for rehearing in these cases are denied. 308 U. S. 551, 562, 613.

No. 929, October Term, 1938. FIRST NATIONAL BANK OF CHICAGO v. UNITED STATES; and

No. 854. MOON v. UNION CENTRAL LIFE INSURANCE Co. ET AL. June 3, 1940. The motions for leave to file second petitions for rehearing in these cases are denied. 308 U. S. 633; supra, this page.

No. 346. UNITED STATES v. SOCONY-VACUUM OIL CO. ET AL.; and

No. 347. SocONY-VACUUM OIL CO. ET AL. v. UNITED STATES. June 3, 1940. The petitions for rehearing in these cases are denied. The CHIEF JUSTICE and MR. JUSTICE MURPHY took no part in the consideration and decision of these applications. Ante, p. 150.

No. 329. RUSSELL ET AL. v. TODD ET AL. June 3, 1940. 309 U. S. 280.

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