Decisions Per Curiam, Etc. 312 U.S. No. 770. CHIRILLO ET AL. V. LEHMAN, GOVERNOR, ET AL. Appeal from the District Court of the United States for the Southern District of New York. March 10, 1941. Per Curiam: The judgment is affirmed. American Surety Co. v. Baldwin, 287 U. S. 156, 169. Mr. Morris Shapiro for appellants. Reported below: 38 F. Supp. 65. No. original. EX PARTE GEORGE T. KEMNITZER. March 10, 1941. Motion for leave to file petition for writ of habeas corpus denied. No. 667. RICHARDS v. FLORIDA. March 10, 1941. Petition for writ of certiorari to the Supreme Court of Florida dismissed for failure to comply with the rules. Mr. Edgar W. Waybright, Sr. for petitioner. Reported below: 144 Fla. 177; 197 So. 772. No. 625. UTILITIES INSURANCE Co. v. POTTER ET AL. Certiorari, post, p. 670, to the Supreme Court of Oklahoma. Argued February 13, 1941. Decided March 17, 1941. Per Curiam: The writ of certiorari is dismissed for the reason that the judgment of the Supreme Court of Oklahoma rests upon a nonfederal ground adequate to support it. Atlantic Coast Line v. Mims, 242 U. S. 532, 535; Nevada-California-Oregon Ry. v. Burrus, 244 U. S. 103, 105; Hartford Life Ins. Co. v. Johnson, 249 U. S. 490, 492-493. Mr. Clayton B. Pierce for petitioner. Mr. John W. Barry for respondents. Reported below: 105 P.2d 259. No. 631. CASEBEER v. HUDSPETH, WARDEN. On petition for writ of certiorari to the Circuit Court of Appeals for the Tenth Circuit. March 17, 1941. Per Curiam: The motion for leave to proceed in forma pauperis is 312 U.S. Decisions Per Curiam, Etc. granted, the petition for writ of certiorari is also granted, the judgment is reversed, and the cause is remanded to the Circuit Court of Appeals with directions to reconsider the petitioner's appeal in the light of a transcript of the testimony taken at the hearing on the petition for habeas corpus. Edward Casebeer, pro se. Reported below: 114 F. 2d 789. No. 744. POSEY v. UNITED STATES. On petition for writ of certiorari to the Circuit Court of Appeals for the Sixth Circuit. March 17, 1941. Per Curiam: On the Government's confession of error, the petition for writ of certiorari is granted, the judgment is reversed, and the cause is remanded to the District Court with directions to grant the motion to suppress. Mr. W. R. Fain, Jr. for petitioner. Solicitor General Biddle, Assistant Attorney General Berge, and Messrs. George F. Kneip, Fred E. Strine, and W. Marvin Smith for the United States. Reported below: 116 F. 2d 282. No.. EX PARTE ISOM J. GUILLORY. March 17, 1941. The application for a stay, presented to MR. JUSTICE BLACK and referred by him to the Court, is denied. No.-. EX PARTE CECIL L. SNYDER. March 17, 1941. Application denied. No.-, original. EX PARTE CLARENCE SCOTT. March 17, 1941. The motion for leave to file petition for writ of habeas corpus is denied. Decisions Per Curiam, Etc. 312 U.S. No. 9, original. ARKANSAS v. TENNESSEE. March 17, 1941. DECREE On consideration of the report filed herein on February 24, 1941, by W. H. Green and O. W. Gauss, the Commissioners appointed herein by decree of this Court entered October 14, 1940 (311 U. S. 1), to locate and mark on the ground the boundary between the State of Arkansas and the State of Tennessee, at the points designated in said decree; and the State of Arkansas and the State of Tennessee having stipulated by counsel that they have no exceptions and no objections to the said report, and they having applied to this Court to terminate the time within which exceptions or objections to said report may be filed: It is now adjudged, ordered, and decreed as follows: 1. The time within which exceptions or objections to said report may be filed is hereby terminated; 2. The said report is in all respects confirmed; 3. The boundary line marked and located on the ground as set forth by the report and accompanying map is established and declared to be the true boundary between the State of Arkansas and the State of Tennessee, as determined by the decree of this Court of October 14, 1940; 4. As it appears that the Commissioners have completed their work in conformity with the decree of this Court of October 14, 1940, they are hereby discharged, and their fees and expenses in the amounts stated in the report are approved; 5. The Clerk of this Court is directed to transmit to the Chief Magistrates of the States of Arkansas and Tennessee copies of this decree, duly authenticated under the seal of this Court, together with copies of the said report 312 U.S. Decisions Per Curiam, Etc. of the Commissioners and of the accompanying map; 6. The costs in this cause shall be borne and paid in equal parts by the States of Arkansas and Tennessee. No. 268. MISSOURI-KANSAS PIPE LINE Co. v. UNITED STATES ET AL.; and No. 269. PANHANDLE EASTERN PIPE LINE Co. v. UNITED STATES ET AL. March 17, 1941. It is ordered that in the sentence beginning on line 6 of page 2 of the opinion handed down March 3, 1941, after the words "These acts stifled" and before the word "Panhandle's" there be inserted the words ", so it was claimed,". It is further ordered that the paragraph beginning on page 4 of the opinion be stricken from the opinion and that the following paragraph be added in its place: "A final contention in support of the order remains. It is based on two prior denials of motions by Mokan to intervene. Treating Mokan's motions as made on its own behalf on the score of its ownership of more than forty percent of Panhandle's stock, the district court denied the motions. Appeals from these denials were dismissed by the circuit court of appeals, 108 F. 2d 614, and we denied certiorari, 309 U. S. 687. The denials are now urged as res judicata. But they were a rejection of Mokan's attempt to intervene in its own behalf. In neither instance was the relief denied deemed a mode of enforcing Panhandle's rights under Sections IV and V of the Decree. The earlier denials involved different legal claims from that now asserted, and, therefore, are no bar to the present proceeding." The petition for rehearing in No. 268 is denied. Decisions Per Curiam, Etc. 312 U.S. No. 79. CITY COMPANY OF NEW YORK, INC. v. STERN; and No. 89. CHASE SECURITIES CORP. v. VOGEL. On petitions for writs of certiorari to the Circuit Court of Appeals for the Eighth Circuit. March 31, 1941. Per Curiam: The petitions for writs of certiorari are granted and the judgments are reversed. Vandenbark v. Owens-Illinois Glass Co., 311 U. S. 538; Pomeroy v. National City Co., 209 Minn. 155; 296 N. W. 513; Donaldson v. Chase Securities Corp., 209 Minn. 165; 296 N. W. 518. The causes are remanded to the Circuit Court of Appeals for further proceedings with respect to any questions not determined by the Supreme Court of Minnesota in the Pomeroy and Donaldson cases. Messrs. M. J. Doherty and Wilfrid E. Rumble for petitioner in No. 79. Messrs. F. H. Stinchfield and S. S. Jennings, Jr. for petitioner in No. 89. Mr. Benedict Deinard for respondents. Reported below: 110 F. 2d 601, 607. No. 603. GRAY, DIRECTOR OF THE BITUMINOUS COAL DIVISION OF THE DEPARTMENT OF THE INTERIOR, ET AL. V. POWELL ET AL., RECEIVERS. Certiorari, 311 U. S. 644, to the Circuit Court of Appeals for the Fourth Circuit. Argued March 14, 1941. Decided March 31, 1941. Per Curiam: The judgment is affirmed by an equally divided Court. Mr. Robert L. Stern, with whom Solicitor General Biddle, Assistant Attorney General Arnold, and Messrs. Richard H. Demuth, James C. Wilson, Abe Fortas, and Arnold Levy were on the brief, for petitioners. Messrs. Joseph F. Johnston and W. R. C. Cocke, with whom Mr. Wm. H. Delaney was on the brief, for respondents. Reported below: 114 F. 2d 752. No. 776. HELVERING, COMMISSIONER OF INTERNAL REVENUE, V. NEBRASKA BRIDGE SUPPLY & LUMBER CO. |