312 U.S. Decisions Per Curiam, Etc. nal prosecution. (1) McNutt v. General Motors Acceptance Corp., 298 U. S. 178, 188-189; KVOS v. Associated Press, 299 U. S. 269; (2) Spielman Motor Sales Co. v. Dodge, 295 U. S. 89; Beal v. Missouri Pacific R. Corp., 312 U. S. 45. Messrs. John Solan and Harry A. Walsh Reported below: 33 F. Supp. 431. for appellant. No. 82. UNITED STATES v. DARBY. February 17, 1941. The opinion in this case is amended as follows: 12th line from the top of page 14, the following phrase is added after the word "overtime": "of 'not less than one and onehalf times the regular rate' at which the worker is employed." Opinion reported as amended, ante, p. 100. No. 330. OPP COTTON MILLS, INC., ET AL. v. ADMINISTRATOR OF THE WAGE AND HOUR DIVISION OF THE DEPARTMENT OF LABOR. February 17, 1941. The opinion in this case is amended as follows: 4th line from the top of page 14, strike the word "We" and insert the following phrase: "On the record before us, we". Opinion reported as amended, ante, p. 126. No. 368. TYLER, EXECUTRIX, v. HELVERING, COMMISSIONER OF INTERNAL REVENUE. Certiorari, 311 U. S. 629, to the Circuit Court of Appeals for the Eighth Circuit. March 3, 1941. Judgment affirmed per stipulation of counsel to abide the decision in Helvering v. Le Gierse, ante, p. 531. Mr. Harry B. Betty for petitioner. Solicitor General Biddle for respondent. Reported below: 111 F.2d 422. No. 369. HEMPHILL V. UNITED STATES. Certiorari, 311 U. S. 634, to the Circuit Court of Appeals for the Ninth Circuit. Argued February 13, 1941. Decided Decisions Per Curiam, Etc. 312 U.S. March 3, 1941. Per Curiam: The judgment is reversed and the cause remanded to the Circuit Court of Appeals with directions to consider the sufficiency of the evidence to support the verdict. Sherwin v. United States and Sheridan v. United States, ante, p. 654. Mr. Melville Monheimer submitted for petitioner. Mr. Thomas E. Harris, with whom Solicitor General Biddle, Assistant Attorney General Berge, and Messrs. William W. Barron and George F. Kneip were on the brief, for the United States. Reported below: 112 F. 2d 505. No. 700. JOURNEYMEN TAILORS UNION LOCAL No. 195 OF THE AMALGAMATED CLOTHING WORKERS OF AMERICA ET AL. v. MILLER'S, INC. On petition for writ of certiorari to the Court of Errors and Appeals of New Jersey. March 3, 1941. Per Curiam: The petition for writ of certiorari is granted and the judgment is reversed. American Federation of Labor v. Swing, ante, p. 321; Thornhill v. Alabama, 310 U. S. 88; Carlson v. California, 310 U. S. 106. Mr. A. J. Isserman for petitioners. Mr. Louis R. Kagan for respondent. Reported below: 128 N. J. Eq. 162; 15 A. 2d 822, 824. No. 753. EAGLES ET AL. V. GENERAL ELECTRIC Co. Appeal from the Supreme Court of the State of Washington. March 3, 1941. Per Curiam: The appeal is dismissed for the want of a properly presented federal question. Godchaux Co. v. Estopinal, 251 U. S. 179; Rooker v. Fidelity Trust Co., 261 U. S. 114, 117; Herndon v. Georgia, 295 U. S. 441, 443. Messrs. O. C. Moore, Harry Ellsworth Foster, and John E. Belcher for appellants. Mr. Antone E. Russell for appellee. Reported below: 5 Wash. 2d 20; 104 P. 2d 912. 312 U.S. Decisions Per Curiam, Etc. No. 748. MCKINLEY ET AL. v. SALTER ET AL. Appeal from the Court of Civil Appeals, 8th Supreme Judicial District, of Texas. March 3, 1941. Per Curiam: The appeal is dismissed for want of a substantial federal question. Jones v. Prairie Oil Co., 273 U. S. 195. Messrs. F. W. Fischer and Earle B. Mayfield for appellants. Reported below: 136 S. W. 2d 615. No. 763. KREICKER V. NAYLOR PIPE CO. ET AL. Appeal from the Supreme Court of Illinois. March 3, 1941. Per Curiam: The motion to affirm is granted and 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. James A. Cosgrove for appellant. Mr. Floyd E. Thompson for appellees. Reported below: 374 Ill. 364; 29 N. E. 2d 502. No. 716. HuSSOCK V. STATE OF NEW YORK. Appeal from the Court of Special Sessions of the City of New York, State of New York. March 3, 1941. Per Curiam: The motion to dismiss is granted and the appeal is dismissed for the want of jurisdiction. Section 237 (a), Judicial Code, as amended by the Act of February 13, 1925 (43 Stat. 936, 937). Treating the papers whereon the appeal was allowed as a petition for writ of certiorari, as required by § 237 (c) of the Judicial Code (43 Stat. 936, 938), certiorari is denied. Messrs. Joseph F. Rutherford and Hayden C. Covington for appellant. Mr. Stanley H. Fuld for appellee. Reported below: 23 N. Y. S. 2d 520. No., original. EX PARTE RALPH MARK. March 3, 1941. Motion for leave to file petition for writ of mandamus denied. Decisions Per Curiam, Etc. 312 U.S. No., original. EX PARTE LOUIS BURALL. March 3, 1941. The rule to show cause is discharged and the motion for leave to file petition for writ of mandamus is denied, without prejudice to the petitioner's right to present a petition for a writ of habeas corpus to the United States District Court for the Northern District of California. No., original. EX PARTE OPAL O. MEADOWS; and No. original. EX PARTE TAYLOR SEALS. March 3, 1941. The motions for leave to file petitions for writs of habeas corpus are denied. No. 814. VERNON v. WILSON, WARDEN. March 6, 1941. Upon consideration of the application of counsel for the petitioner in the above-entitled cause for a stay of execution of the sentence of death upon the said Joe Vernon; It is ordered that execution of the judgment and sentence of the Supreme Court of Alabama entered March 28, 1940, in the case therein entitled Joe Vernon v. State of Alabama, be, and the same hereby is, stayed pending the consideration and final determination by this Court of the petition for writ of certiorari herein filed this day. No. 447. WESTINGHOUSE ELECTRIC & MANUFACTURING Co. v. NATIONAL LABOR RELATIONS BOARD. Certiorari, 311 U. S. 639, to the Circuit Court of Appeals for the Second Circuit. Argued March 4, 1941. Decided March 10, 1941. Per Curiam: The judgment is affirmed. Labor Board v. Newport News Co., 308 U. S. 241; Labor Board v. Link-Belt Co., 311 U. S. 584. Mr. Charles A. Reinwald, with whom Messrs. Roswell L. Gilpatric, F. Harold Smith, and Donald C. Swatland were on the brief, for petitioner. Mr. Robert B. Watts, with whom 312 U.S. Decisions Per Curiam, Etc. Solicitor General Biddle and Messrs. Laurence A. Knapp and Mortimer B. Wolf, and Miss Ruth Weyand were on the brief, for respondent. Reported below: 112 F. 2d 657. No. 448. SCANDRETT ET AL., TRUSTEES, ET AL. v. UNITED STATES ET AL. Appeal from the District Court of the United States for the District of Oregon. Argued March 5, 1941. Decided March 10, 1941. Per Curiam: The judgment is affirmed. Interstate Commerce Act, §§ 15 (1); 15a (2) (41 Stat. 484, 488; 49 U. S. C. 15 (1), 15a (2)); United States v. Louisiana, 290 U. S. 70, 75–77; Florida v. United States, 292 U. S. 1, 9. Mr. Roy F. Shields, with whom Messrs. J. N. Davis, Robert S. Macfarlane, Fletcher Rockwood, Charles A. Hart, Arthur C. Spencer, and Lawrence W. Hobbs were on the brief, for appellants. Mr. Frank Coleman, with whom Solicitor General Biddle, Assistant Attorney General Arnold, and Messrs. Warner W. Gardner, James C. Wilson, Daniel W. Knowlton, and Nelson Thomas were on the brief, for the United States et al.; and Mr. Albert E. Stephan for Dependable Tank Transport, Inc., et al., appellees. Mr. Johnston B. Campbell submitted for Inland Empire Waterways Assn. et al.; and Mr. Harry Ellsworth Foster submitted for International Brotherhood of Teamsters, Chauffeurs, etc., appellees. Reported below: 32 F. Supp. 995. No. 556. EARLY, COLLECTOR OF INTERNAL REVENUE, V. REID. On petition for writ of certiorari to the Circuit Court of Appeals for the Fourth Circuit. March 10, 1941. Per Curiam: The petition for writ of certiorari is granted and the judgment is affirmed. Helvering v. Hutchings, 312 U. S. 393. Solicitor General Biddle for petitioner. Reported below: 112 F. 2d 718. |