ARROW TRANSPORTATION CO. ET AL. v. CINCINNATI, NEW ORLEANS & TEXAS PACIFIC RAILWAY CO. ET AL. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO. No. 544. Decided January 18, 1965.* The District Court's judgment enjoining the operation of an Interstate Commerce Commission (ICC) order canceling certain railroad rate reductions is vacated and the case remanded to have the ICC reconsider in light of the District Court's determination that the ICC's order was not supported by adequate findings. 229 F. Supp. 572, judgment vacated and case remanded. Donald Macleay, Richard M. Freeman, John C. Lovett, Byron M. Gray, Nuel D. Belnap, A. Alvis Layne, Charles J. McCarthy and Robert H. Marquis for appellants in No. 544. Robert W. Ginnane, I. K. Hay and Betty Jo Christian for appellant in No. 545. Dean Acheson, Henry P. Sailer and W. Graham Claytor, Jr., for Southern Railway System Companies; John F. Donelan and John M. Cleary for Southern Governors Conference et al.; Elbert R. Leigh for Louisville & Nashville Railroad Co. et al.; William A. McClain and Edgar T. Bellinger for City of Cincinnati, appellees in both cases. Solicitor General Cox, Assistant Attorney General Orrick and Lionel Kestenbaum filed a memorandum for the United States in both cases. Neil Brooks filed a memorandum for the Secretary of Agriculture in both cases. *Together with No. 545, Interstate Commerce Commission v. Cincinnati, New Orleans & Texas Pacific Railway Co. et al., also on appeal from the same court. These appeals are from a single judgment of a threejudge District Court, 229 F. Supp. 572, which set aside and permanently enjoined the operation, enforcement and execution of the order of the Interstate Commerce Commission, 321 I. C. C. 582, canceling certain rate reductions which had been put into effect by the appellee railroads on the grounds that the new lower rates violated §§ 1 (5) and 3 (1) of the Interstate Commerce Act, 49 U. S. C. §§ 1 (5), 3 (1) (1958 ed.). The judgment of the District Court is vacated and the case is remanded to the District Court with instructions to enter an order remanding the case to the Interstate Commerce Commission for reconsideration by the Commission in light of the District Court's determinations (1) that the Commission's conclusion that § 3 (1) was violated was not supported by adequate findings and (2) that the Commission's conclusion that § 1 (5) was violated was based, at least in part, on its prior conclusion that there was a violation of § 3 (1). See FPC v. Idaho Power Co., 344 U. S. 17, 20. MR. JUSTICE BLACK, MR. JUSTICE STEWART, and MR. JUSTICE WHITE would note probable jurisdiction of these appeals and set them for argument on the merits. NATIONAL LABOR RELATIONS BOARD v. ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, No. 25. Decided January 18, 1965. Certiorari granted; judgment vacated; and case remanded. Solicitor General Cox, Arnold Ordman, Dominick L. Manoli and Norton J. Come for petitioner. J. Leonard Schermer for respondent. PER CURIAM. The petition for writ of certiorari is granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Eighth Circuit for reconsideration in light of Fibreboard Paper Products Corp. v. Labor Board, ante, p. 203. TISONE v. OHIO. APPEAL FROM THE SUPREME COURT OF OHIO. No. 564. Decided January 18, 1965. Appeal dismissed and certiorari denied. Theodore R. Saker for appellant. Loren E. Van Brocklin for appellee. PER CURIAM. The motion to dismiss is granted and the appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for a writ of certiorari, certiorari is denied. HALPERT ET AL. v. UDALL, SECRETARY OF THE INTERIOR. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA. No. 552. Decided January 18, 1965. 231 F. Supp. 574, affirmed. Leo M. Alpert for appellants. Solicitor General Cox, Roger P. Marquis and Herbert Pittle for appellee. PER CURIAM. The motion to affirm is granted and the judgment is affirmed. WINKLE v. BANNAN, WARDEN. APPEAL FROM THE SUPREME COURT OF MICHIGAN. No. 553. Decided January 18, 1965. Motion to strike excerpts from motion to dismiss denied; appeal dismissed; and certiorari denied. Walter A. Kurz.and Dennis Boyle for appellant. Frank J. Kelley, Attorney General of Michigan, and James R. Ramsey, Assistant Attorney General, for appellee. PER CURIAM. The motion to strike excerpts from the motion to dismiss is denied. The motion to dismiss is granted and the appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for a writ of certiorari, certiorari is denied. THORN ET AL. v. HARRISBURG TRUST CO. APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. No. 557. Decided January 18, 1965. Appeal dismissed and certiorari denied. Reported below: 330 F. 2d 3. Harry S. Shapiro for appellants. Samuel A. Schreckengaust, Jr., for appellee. PER CURIAM. The motion to dismiss is granted and the appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for a writ of certiorari, certiorari is denied. WINSHIP ET AL. v. CITY OF CORPUS APPEAL FROM THE COURT OF CIVIL APPEALS OF TEXAS, THIRTEENTH SUPREME JUDICIAL DISTRICT. No. 563. Decided January 18, 1965. Appeal dismissed and certiorari denied. Reported below: 373 S. W. 2d 844. Sidney P. Chandler for appellants. I. M. Singer for appellee. PER CURIAM. The motion to dismiss is granted and the appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for a writ of certiorari, certiorari is denied. |