January 26, February 20, 1959.
No. 611. DELAWARE v. CURRAN ET AL. The motion of respondents for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Joseph Donald Craven, Attorney General of Delaware, and Richard J. Baker, Deputy Attorney General, for petitioner. Irving Morris for respondents. Reported below: 259 F. 2d 707.
No. 27. FLEMMING, SECRETARY OF HEALTH, EDUCATION, AND WELFARE, v. FLORIDA CITRUS EXCHANGE ET AL., ante, p. 153. Rehearing denied.
No. 453. BRIGGS, DOING BUSINESS AS WALT'S AUTO PARKS & GARAGES, v. CITY OF LOS ANGELES ET AL., ante, p. 205; and
No. 483. LADREY V. COMMISSION ON LICENSURE TO PRACTICE THE HEALING ART IN THE DISTRICT OF COLUMBIA, ante, p. 920. Petitions for rehearing denied. MR. JUSTICE FRANKFURTER took no part in the consideration or decision of these applications.
No. 288. OKLAHOMA NATURAL GAS Co. v. FEDERAL POWER COMMISSION ET AL. Certiorari, 358 U. S. 877, to the United States Court of Appeals for the District of Columbia Circuit. Writ of certiorari dismissed on motion of petitioner pursuant to Rule 60 of the Rules of this Court. John S. Carlson, Norman A. Flaningam and Melvin Richter for petitioner. Reported below: 103 U. S. App. D. C. 256, 257 F. 2d 634.
ADMINISTRATIVE PROCEDURE. See Antitrust Acts, 1; Fed-
eral Housing Administration; Food, Drug and Cosmetic Act;
Interstate Commerce Commission; Jurisdiction, 1; Labor, 1,
3-4; Natural Gas Act.
See also Longshoremen's and Harbor Workers'
Compensation Act.
1. Foreign seaman-Foreign ship-Injury in American port-Jones
Act-General maritime law-Negligence-Jurisdiction.-Jones Act
and general maritime law of United States inapplicable to claim
against owner of foreign ship by foreign seaman injured while ship
was temporarily in American port; federal district court had no juris-
diction on law side of claim based on general maritime law; court
had diversity jurisdiction of claims against American corporations
engaged in operations relating to loading ship; claims against them
for unseaworthiness and maintenance and cure properly dismissed;
claims against them for negligence should be considered. Romero v.
International Terminal Operating Co., p. 354.
2. Stevedores-Personal injuries-Liability of ship for unseaworthi-
ness-Right to indemnity from stevedoring contractor.-Ship liable
to stevedore for personal injury resulting from unseaworthiness; but
entitled to indemnity from stevedoring contractor whose negligence
brought unseaworthiness into play. Crumady v. The Joachim
Hendrik Fisser, p. 423.
3. Wrongful death-Employee of independent contractor-Appli-
cation of state law. Where person who fell to death on ship in port
was not seaman, there was no applicable federal statute and right of
recovery depended on state law and was subject to all conditions and
limitations thereof; claims for unseaworthiness and death caused by
negligence encompassed by New Jersey Wrongful Death Act. The
Tungus v. Skovgaard, p. 588.
4. Wrongful death-Employee of independent subcontractor-
Application of state law.-When employee of independent subcon-
tractor died as result of inhaling poisonous fumes while cleaning
generators of ship being overhauled at shipyard, right of recovery
depended on state law; but circumstances were not such as to
justify application of doctrine of unseaworthiness; claim based on
negligence was for jury. United Pilots Assn. v. Halecki, p. 613.
5. Injury to visitor aboard ship berthed at pier-Liability of ship-
owner-Unseaworthiness-Negligence.-Visitor injured by fall aboard
ship berthed at pier could recover from shipowner under maritime
law for negligence of crew; contributory negligence to be considered
only in mitigation of damages; doctrine of unseaworthiness inappli-
cable. Kermarec v. Compagnie Generale Transatlantique, p. 625.
ALASKA.
General property tax-Repeal-Survival of liability.-Liability for
general property taxes accrued and unpaid survived repeal of terri-
torial tax statute. Alaska v. American Can Co., p. 224.
ALIENS. See Trading with the Enemy Act.
ANTITRUST ACTS. See also Labor, 2.
1. Sherman Act-Civil action charging violation-Transaction ap-
proved by Federal Communications Commission.-Approval by
Federal Communications Commission of agreement to exchange tele-
vision station in Cleveland for one in Philadelphia did not bar subse-
quent civil action by Government attacking the exchange as being in
furtherance of conspiracy to violate Sherman Act. United States v.
Radio Corp. of America, p. 334.
2. Sherman Act-Violation-Affirmative defense to suit for money
due. In a suit in a federal district court to recover from a buyer the
unpaid balance due in respect to a lawful sale for a fair consideration,
the court properly struck an affirmative defense to the effect that the
sale was pursuant to an agreement violative of § 1 of the Sherman
Act. Kelly v. Kosuga, p. 516.
3. Sherman Act-Violations-Professional boxing contests-Rem-
edies. Decree adjudging defendants guilty of violating §§ 1 and 2
of Sherman Act by monopolizing and restraining trade in professional
boxing contests, sustained; relief granted not beyond allowable dis-
cretion of District Court. International Boxing Club v. United
States, p. 242.
APPEAL. See Jurisdiction, 1.
ARCHITECTS. See Labor, 1.
ARKANSAS. See Constitutional Law, IV, 2.
ARMED FORCES. See Courts-Martial.
ARREST. See Constitutional Law, V.
ASSAULT. See Criminal Law, 4.
ATTORNEY GENERAL. See Trading with the Enemy Act.
BANK ROBBERY ACT. See Criminal Law, 3.
BOXING. See Antitrust Acts, 3.
See Constitutional Law, III, 2.
BUSES. See Jurisdiction, 2.
BUSINESS EXPENSES. See Taxation.
CARRIERS. See Criminal Law, 1; Interstate Commerce Com-
mission; Jurisdiction, 2; Labor, 2.
CITRUS FRUITS. See Food, Drug and Cosmetic Act.
COAL TAR COLORS. See Food, Drug and Cosmetic Act.
COLLATERAL ESTOPPEL. See Antitrust Acts, 1.
COMMERCE. See Constitutional Law, I; Criminal Law, 1;
Interstate Commerce Commission; Labor, 1.
COMMUNISM. See Criminal Law, 2.
CONFESSIONS. See Habeas Corpus.
CONGRESS. See Criminal Law, 2.
CONSTITUTIONAL LAW. See also Procedure, 3.
1. State taxation-Express companies.-Virginia "franchise tax"
on express companies, measured by gross receipts from their opera-
tions within State, did not violate Commerce Clause, as applied to
foreign corporation doing exclusively interstate business in Virginia.
Railway Express Agency v. Virginia, p. 434.
2. State taxation-Foreign corporations-Net income from inter-
state operations.-Net income from the exclusively interstate opera-
tions of a foreign corporation may be subjected to state taxation,
provided the levy is not discriminatory and is properly apportioned
to local activities within the taxing State forming sufficient nexus to
support the same. Northwestern States Cement Co. v. Minnesota,
p. 450.
State taxation-Materials imported by manufacturers for their
own use.-Manufacturing corporations which imported materials for
use in their current manufacturing operations had so acted upon
them as to cause them to lose their distinctive character as "imports"
and their exemption as such from state taxation. Youngstown Sheet
& Tube Co. v. Bowers, p. 534.
1. State courts-Conviction of both murder and kidnaping-Con-
sideration of murder in fixing death sentence for kidnaping.-Person
CONSTITUTIONAL LAW-Continued.
convicted in state court of murder and sentenced to life imprisonment
and later convicted in another state court of kidnaping and sentenced
to death was not denied due process by recital of murder and other
crimes committed in same series of events prior to sentencing for
kidnaping. Williams v. Oklahoma, p. 576.
2. State courts-Right to counsel.-Ignorant youth convicted in
state court of burglary and sentenced to 15 years' imprisonment,
after trial on short notice without counsel and denial of time to obtain
counsel, was denied due process, if allegations of petition for habeas
corpus are true. Cash v. Culver, p. 633.
3. National Housing Act-Amendment prohibiting rental to tran-
sients-Application to mortgagor who had previously obtained insur-
ance. The 1954 amendment to National Housing Act which pro-
hibits rental to transients by any insured mortgagor of multifamily
housing is not unconstitutional as applied to mortgagor who obtained
insurance before its enactment. F. H. A. v. The Darlington, p. 84.
4. State taxation-Foreign corporations-Net income from inter-
state operations.-Net income from the exclusively interstate opera-
tions of a foreign corporation may be subjected to state taxation,
provided the levy is not discriminatory and is properly apportioned
to local activities within the taxing State forming sufficient nexus
to support the same. Northwestern States Cement Co. v. Minnesota,
p. 450.
IV. Equal Protection of Laws.
1. State taxation-Ad valorem tax-Exemption of nonresidents.—
Resident of Ohio not denied equal protection of laws by ad valorem
tax on its goods in warehouse when goods of nonresidents were
exempted "if held in a storage warehouse for storage only." Allied
Stores v. Bowers, p. 522; Youngstown Sheet & Tube Co. v. Bowers,
p. 534.
2. Racial discrimination-Public schools-Suspension or postpone-
ment of desegregation-Violence and disorder.-Violence and dis-
order in desegregated public school, following upon actions of
Governor and Legislature opposing desegregation, not ground for
suspending or postponing racial desegregation; law and order not
to be preserved by depriving Negro children of constitutional rights.
Cooper v. Aaron, p. 1.
Arrest without warrant-Reasonable grounds-Probable cause.—
Information given by reliable informer and confirmed by appearance
and actions of suspect immediately preceding arrest furnished federal
officer "reasonable grounds" and "probable cause" for arrest without
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