Decisions Per Curiam, Etc. 312 U.S. No. 9. SCHRIBER-SCHROTH Co. v. CLEVELAND TRUST Co. ET AL.; No. 10. ABERDEEN MOTOR SUPPLY Co. v. CLEVELAND TRUST CO. ET AL.; and No. 11. F. E. ROWE SALES Co. v. CLEVELAND TRUST Co. ET AL. February 3, 1941. Ordered that the opinion in these cases be amended as follows: 1. Strike from the second complete paragraph, page 2, lines 5 and 6, the phrases "one of several claims" and "which the Court sustained". 2. In line 18 of the same paragraph substitute the word "one" for the word "another". 3. In the fourth line from the bottom of page 3 insert the words "without prejudice" before the word "of". 4. Modify the third, fourth, and fifth lines from the bottom of the first complete paragraph on page 9 to read: "found the elements of the invention which it described but in which, absent the flexible web element, it found no invention. In view of such want of invention and of the prior art the only material difference between the amended and the allowed claims is the presence in the former of the flexible web element and, in consequence of the surrender of the former particularizing". The petition for rehearing and the motion to remand are denied. Opinion reported as amended, 311 U. S. 211. No. 319. SHERWIN V. UNITED STATES; and No. 320. SHERIDAN v. UNITED STATES. Certiorari, 311 U. S. 636, to the Circuit Court of Appeals for the Ninth Circuit. February 10, 1941. Per Curiam: On the Government's confession of error, its motion to reverse is granted. The judgments are reversed, and the causes are remanded to the Circuit Court of Appeals with 312 U.S. Decisions Per Curiam, Etc. directions to consider the sufficiency of the evidence to support the verdicts, and petitioners' assignment of error with respect to the argument of the Assistant United. States Attorney without regard to any technical deficiency. in its phraseology. Messrs. Earl C. Demoss and Charles M. Trammell, Jr. for petitioners. Solicitor General Biddle, Assistant Attorney General Rogge, and Messrs. William W. Barron, J. Albert Woll, and William J. Connor for the United States. Reported below: 112 F. 2d 503. No. 708. PHILADELPHIA-DETROIT LINES, INC. v. SIMPSON, STATE ROAD COMMISSIONER, ET AL. Appeal from the District Court of the United States for the Southern District of West Virginia. February 10, 1941. Per Curiam: The motion to affirm is granted and the judgment is affirmed. Maurer v. Hamilton, 309 U. S. 598, 603-604; South Carolina Highway Dept. v. Barnwell Bros., 303 U. S. 177. Messrs. Leo P. Kitchen and Dan R. Schwartz for appellant. Messrs. Clarence W. Meadows, Attorney General of West Virginia, and Robert S. Spilman for appellees. Reported below: 37 F. Supp. 314. No. 11, original. KANSAS v. MISSOURI. February 10, 1941. Samuel M. Wilson, Esquire, of Lexington, Kentucky, appointed Special Master in this cause. No. 28. SIBBACH v. WILSON & CO., INC. February 10, 1941. The opinion is amended by striking from the first sentence on page 7 the following words: "a litigant need not resort to the federal courts unless willing to comply with the rule, and that," and adding, after the word "comply", the words "with its provisions." The petition for rehearing is denied. Opinion reported as amended, ante, p. 1. Decisions Per Curiam, Etc. Nos. 242 and 243. PHILADELPHIA 312 U. S. COMPANY ET AL. Ordered that the v. DIPPLE ET AL. February 10, 1941. In the second full sentence on page 6 of the opinion, strike out the words "the corporate identity of the companies whose lines have gone into this system should be ignored and", and add after the word "business", and before the word "treated", the words "should be". Opinion reported as amended, ante, p. 168. No. 705. UNITED STATES v. FLORIAN, EXECUTOR. On petition for writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit. February 17, 1941. Per Curiam: The petition for writ of certiorari is granted and the judgment is reversed for want of jurisdiction in the Circuit Court of Appeals because of the absence of a final judgment in the District Court. Collins v. Miller, 252 U. S. 364, 370-371; Nyanza Co. v. Jahncke Dry Dock, 264 U. S. 439. The cause is remanded to the District Court for a determination of the issues presented by the remaining counts, which the District Court by its order of June 27, 1940, as of October 23, 1939, reserved for disposition. Solicitor General Biddle for the United States. Reported below: 114 F. 2d 990. No. 719. READ, SUPERINTENDENT OF THE NEW JERSEY DEPARTMENT OF WEIGHTS AND MEASURES, v. DICKERSON ET AL. Appeal from the District Court of the United States for the District of New Jersey. February 17, 1941. Per Curiam: The judgment is reversed and the cause is remanded to the District Court for a determination and appropriate findings on the questions whether the jurisdictional amount is involved and whether a case has been made for the granting of an injunction restraining crimi 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 301335°-41-42 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. |