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Decisions Per Curiam, Etc.

291 U.S.

271; Doyle v. Atwell, 261 U.S. 590; Howat v. Kansas, 258 U.S. 181, 189, 190; McCoy v. Shaw, 277 U.S. 302, 303. Messrs. Erwin R. Effler, Rufus H. Baker, and Harold W. Fraser for appellant. Messrs. Frazier Reams and J. S. Rhinefort for appellees. Reported below: 127 Ohio St. 167; 187 N.E. 242.

No. 753. CRAFT ET AL. v. HIRSH. Appeal from the Supreme Court of Alabama. Jurisdictional statement submitted February 3, 1934. Decided February 12, 1934. Per Curiam: The appeal herein 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), Judicial Code, as amended (43 Stat. 936, 938), certiorari is denied. Mr. George W. Yancey for appellants. No appearance for appellee. Reported below: 227 Ala. 257; 149 So. 683.

No. UNITED STATES ET AL. v. OHIO ET AL.; and

No. SAME V. WHEELING & LAKE ERIERY. CO. ET AL. Motion submitted February 7, 1934. Decided February 12, 1934. On consideration of the motion of the defendants and cross-appellants in the above entitled causes, it is ordered that the orders of the District Court, entered in these causes on January 19, 1934, be and the same are hereby vacated in so far as they stay the operation and enforcement of the order of the Interstate Commerce Commission. Virginian Ry. Co. v. United States, 272 U.S. 658, 672-675. Solicitor General Biggs and Messrs. Elmer B. Collins, J. Stanley Payne, John Fox Weiss, Charles R. Webber, M. Carter Hall, Leo P. Day, Guernsey Orcutt, Frederic D. McKenney, August G. Gutheim, Henry C. Hall, and Alex. M. Bull in support of the motion. Mr. John W. Bricker, Attorney General of Ohio, and

291 U.S.

Decisions Per Curiam, Etc.

Messrs. Donald C. Power, Atlee Pomerene, Clun Crawford, Andrew P. Martin, and Ernest Ballard in opposition thereto.

No. 602. ARCHERD V. OREGON. February 12, 1934. Petition for rehearing denied. See 290 U.S. 604.

No. 664. SCHMELING v. F. W. WOOLWORTH Co. February 12, 1934. Petition for rehearing denied. See 290 U.S. 605.

No. 586. NEW YORK TELEPHONE Co. v. MALTBIE ET AL. Appeal from the District Court of the United States for the Southern District of New York. Motion to dismiss submitted February 3, 1934. Decided February 19, 1934. Per Curiam: The District Court, specially constituted as required by statute (28 U.S.C. 380), permanently enjoined, as confiscatory, the enforcement of the rate orders which are the subject of this suit. The injunction is unqualified. Appellant, having obtained this relief, is not entitled to prosecute an appeal from the decree in its favor, for the purpose of reviewing the portions of the decree fixing the value of appellant's property as of the years 1924, 1926, and 1928, and the rate of return to be allowed. The matters set forth in these portions of the decree are not to be regarded as res judicata in relation to subsequent legislative action by the Public Service Commission in fixing rates for the future or in any judicial proceeding relating to such rates. The motion to dismiss the appeal is granted. Los Angeles Gas & Electric Corp. v. Railroad Comm’n, 289 U.S. 287, 304, 305; State Corporation Comm'n v. Wichita Gas Co., 290 U.S. 561; Lewis v. United States, 216 U.S. 611, 612, 613; Anglo-American Provision Co. v. Davis Provision Co., 191 U.S. 376, 377, 378; New Orleans v. Emsheimer, 181 U.S. 153, 154. Messrs. Edward L. Decisions Per Curiam, Etc.

291 U.S.

Blackman and Charles T. Russell for appellant. Messrs. Arthur J. W. Hilly, Daniel F. Cohalan, Thomas F. Fennell, Melvin L. Krulewitch, Frank E. Carstarphen, and Harry Hertzoff for appellees.

No. 421. FALBO V. UNITED STATES. Certiorari to the Circuit Court of Appeals for the Ninth Circuit. Argued February 14, 1934. Decided February 19, 1934. Per Curiam: Judgment affirmed. Lumbra v. United States, 290 U.S. 551. Mr. Graham K. Betts, with whom Messrs. Samuel B. Bassett and Warren E. Miller were on the brief, for petitioner. Mr. Will G. Beardslee, with whom Solicitor General Biggs and Messrs. Wilbur C. Pickett, Randolph C. Shaw, and W. Marvin Smith were on the brief, for the United States. Reported below: 64 F. (2d) 948.

No. 748. IUPPA & BATTLE CO. ET AL. V. STATE INDUSTRIAL BOARD ET AL. Appeal from the Supreme Court, Appellate Division, of New York. Jurisdictional statement submitted February 10, 1934. Decided February 19, 1934. Per Curiam: The appeal herein is dismissed for the want of a substantial federal question. Dahlstrom Metallic Door Co. v. Industrial Board, 284 U.S. 594; Equitable Life Assurance Society v. Brown, 187 U.S. 308, 311; Wabash R. Co. v. Flannigan, 192 U.S. 29; Roe v. Kansas, 278 U.S. 191; American Baseball Club v. Philadelphia, 290 U.S. 595. Messrs. Charles J. O'Brien, Arthur E. Sutherland, and Arthur E. Sutherland, Jr., for appellants. Mr. Joseph A. McLaughlin for appellees. Reported below: 262 N.Y. 537, 564; 188 N.E. 54, 66.

No. 749. MILLER CABINET Co. v. STATE INDUSTRIAL BOARD ET AL. Appeal from the Supreme Court, Appellate Division, of New York. Jurisdictional statement

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Decisions Per Curiam, Etc.

submitted February 10, 1934. Decided February 19, 1934. Per Curiam: The appeal herein is dismissed for the want of a substantial federal question. Dahlstrom Metallic Door Co. v. Industrial Board, 284 U.S. 594; Equitable Life Assurance Society v. Brown, 187 U.S. 308, 311; Wabash R. Co. v. Flannigan, 192 U.S. 29; Roe v. Kansas, 278 U.S. 191; American Baseball Club v. Philadelphia, 290 U.S. 595. Messrs. Charles J. O'Brien and Arthur E. Sutherland, Jr., for appellant. Mr. Joseph A. McLaughlin for appellees. Reported below: 240 App.

. Div. 741; aff’d, 263 N.Y. 581.

No. 361. INTERSTATE COMMERCE COMM'N v. PENNSYLVANIA R. CO. ET AL. Certiorari to the Circuit Court of Appeals for the Third Circuit. February 19, 1934. This case is restored to the docket and assigned for reargument on Monday, March 5 next, after the cases heretofore assigned for that day. The Court desires to hear further argument with respect to the construction of the provision of 7 of the Clayton Act that “This section shall not apply to corporations purchasing such stock solely for investment and not using the same by voting or otherwise to bring about, or in attempting to bring about, the substantial lessening of competition.”

No. —, original. ARIZONA v. CALIFORNIA ET AL. February 19, 1934. A rule is ordered to issue returnable on Monday, April 2 next, requiring the defendants to show cause why leave to file the bill to perpetuate testimony should not be granted.

No. —

original. Ex PARTE SPRUILL. February 19, 1934. Motion for leave to file petition for writ of injunction is denied. Georgia M. Spruill, pro se.

Decisions Per Curiam, Etc.

291 U.S.

No. 13, original. NEW JERSEY v. DELAWARE. February 19, 1934. An order is entered fixing the compensation and allowing the expenses of the Special Master herein.

No. 399. NATIONAL LINEN SERVICE CORP. v. LYNCHBURG ET AL. February 19, 1934. Petition for rehearing denied. See ante, p. 641.

No. 693. U. S. FIDELITY & GUARANTY Co. v. HOWARD, RECEIVER. February 19, 1934. Petition for rehearing denied. See post, p. 663.

No. 779. UNITED STATES v. CAMPBELL. February 19, 1934. Motion to reinstate appeal submitted by Mr. Frederick B. Campbell for the appellee, and the motion denied. See post, p. 686.

No. 726. JARVIS ET AL. v. CALIFORNIA. Appeal from and on petition for writ of certiorari to the District Court of Appeal, 4th Appellate District, of California. Jurisdictional statement submitted February 17, 1934. Decided March 5, 1934. Per Curiam: The appeal herein is dismissed for the want of a substantial federal question. Federal Compress & Warehouse Co. v. McLean, ante, pp. 17, 21-23; Southern Ry. Co. v. King, 217 U.S. 524, 534; Darnell v. Indiana, 226 U.S. 390, 398; Dahnke-Walker Co. v. Bondurant, 257 U.S. 282, 289; Roberts & Schaefer Co. v. Emmerson, 271 U.S. 50, 54–55; Liberty Warehouse Co. v. Burley Tobacco Growers Assn., 276 U.S. 71, 88. The petition for writ of certiorari is denied. Mr. Charles Lorin Clark for appellants. Mr. U. S. Webb for appellee. Reported below: 135 Cal. App. —; 27 P. (20) 77.

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