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291 U.S.

Decisions Per Curiam, Etc.

No. 768. WESTERN & ATLANTIC RAILROAD V. MICHAEL. Appeal from the Supreme Court of Georgia. Motion to dismiss submitted February 17, 1934. Decided March 5, 1934. Per Curiam: The motion of the appellee to dismiss the appeal herein is granted, and the appeal is dismissed for the want of a substantial federal question. Pizitz v. Yeldell, 274 U.S. 112, 116; Staten Island Ry. Co. v. Phoenix Indemnity Co., 281 U.S. 98, 107, 108; Silver v. Silver, 280 U.S. 117, 123; Sproles v. Binford, 286 U.S. 374, 396. Mr. Fitzgerald Hall for appellant. Mr. Samuel D. Hewlett for appellee. Reported below: 178 Ga. 1; 172 S.E. 66.

No. 18, original. PENNSYLVANIA V. ARKANSAS. March 5, 1934. The answer of the defendant is received and ordered to be filed.

No. 128. TEXAS & PACIFIC RAILWAY Co. v. POTTORFF, RECEIVER. March 5, 1934. Ordered, that the opinion in this case be amended as follows: By striking out the following now appearing in note 15 on page 8 [259] of said opinion:

“ To insure fulfilment of this function the Government subjects national banks to close and constant supervision so as to maintain the solvency of the bank. It is made a crime to accept a deposit with knowledge of insolvency. Only when the bank's condition measures up to the prescribed standards of safety and liquidity may deposits be received."

Opinion reported as amended, ante, p. 245.

No. —, original. Ex PARTE UNITED ENGINEERING & FOUNDRY Co. March 5, 1934. The motion for leave to file petition for writ of mandamus is denied. Messrs. Melville Church, A. Leo Weil, and Jo. Baily Brown for petitioner.

Decisions Per Curiam, Etc.

291 U.S.

No. 311. IDA A. VAN DYKE v. HELVERING, COMMISSIONER OF INTERNAL REVENUE; and

No. 312. CLEVE W. VAN DYKE V. SAME. March 5, 1934. Petition for rehearing denied. See ante, p. 642.

No. 347. STANDARD Oil Co. v. CALIFORNIA. March 5, 1934. Petition for rehearing denied. See ante, p. 242.

No. 653. NEW AMSTERDAM CASUALTY Co. v. UNITED STATES. March 5, 1934. Petition for rehearing denied. See post, p. 662.

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No. 588. HINDERLIDER, STATE ENGINEER, ET AL. v. La Plata RIVER & CHERRY CREEK DITCH Co. Appeal from the Supreme Court of Colorado. Argued March 6, 7, 1934. Decided March 12, 1934. Per Curiam: The appeal herein is dismissed for the want of a final judgment. Haseltine v. Central National Bank, 183 U.S. 130; Schlosser v. Hemphill, 198 U.S. 173, 175; Louisiana Navigation Co. v. Oyster Comm'n, 226 U.S. 99, 101; Gulf Refining Co. v. United States, 269 U.S. 125, 135, 136; Georgia Ry. Co. v. Decatur, 262 U.S. 432, 437. Mr. Ralph L. Carr and Mr. Paul P. Prosser, Attorney General of Colorado, with whom Messrs. Charles Roach and Jean S. Breitenstein were on the brief, for appellants. Mr. Reese McCloskey for appellee. Reported below: 93 Colo. 128; 25 P. (2d) 187.

No. original. Ex PARTE RICHFIELD OIL CO. ET AL. March 12, 1934. The motions for leave to file petitions for writs of mandamus are denied. Mr. George B. Springston for petitioners.

No. original. Ex PARTE GOLDSMITH. March 12, 1934. The motion for leave to file petition for writ of habeas corpus is denied. Mr. H. Ely Goldsmith, pro se.

291 U.S.

Decisions Per Curiam, Etc.

Nos. 34 and 35. KEYSTONE DRILLER Co. v. GENERAL EXCAVATOR Co.; and

Nos. 36 and 37. SAME V. OSGOOD Co. Motion submitted March 5, 1934. Decided March 12, 1934. The motion to recall the mandates in these cases is denied. See 290 U.S. 240.

No. 400. MARION ET AL. V. SNEEDEN, RECEIVER. March 12, 1934. Petition for rehearing denied. See ante, p. 262.

No. 680. WINN, ADMINISTRATOR, v. CONSOLIDATED Coach CORP. March 12, 1934. Petition for rehearing denied. See post, p. 668.

No. 361. INTERSTATE COMMERCE COMM'n v. PENNSYLVANIA RAILROAD CO. ET AL. Certiorari to the Circuit Court of Appeals for the Third Circuit. Argued February 7, 8, 1934. Reargued March 12, 13, 1934. Decided March 19, 1934. Per Curiam: Decree affirmed, by an equally divided Court. MR. JUSTICE ROBERTS took no part in the consideration or decision of this case. Mr. Daniel W. Knowlton, with whom Messrs. William H. Bonneville, H. L. Underwood, and E. M. Ebert were on the brief, for petitioner. Mr. Henry Wolf Biklé, with whom Messrs. F. D. McKenney and C. B. Heiserman were on the brief, for respondents. Reported below: 66 F. (20) 37.

No. 608. COLUMBUS Gas & FUEL Co. v. PUBLIC UTILITIES COMM'N ET AL. Appeal from the Supreme Court of Ohio. Argued March 13, 1934. Decided March 19, 1934. Per Curiam: The appeal herein is dismissed for the want of a final judgment. Haseltine v. Central National Bank, 183 U.S. 130; Schlosser v. Hemphill, 198 U.S. 173, 175, 176; Louisiana Navigation Co. v. Oyster Comm'n, 226

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Decisions Per Curiam, Etc.

291 U.S.

U.S. 99, 101, 102; Gulf Refining Co. v. United States, 269 U.S. 125, 135, 136; Georgia Ry. Co. v. Decatur, 262 U.S. 432, 437; Hinderlider v. LaPlata River & Cherry Creek Ditch Co., ante, p. 650. Mr. Edward C. Turner, with whom Mr. Albert M. Calland was on the brief, for appellant. Messrs. John L. Davies and James W. Huffman for appellees. Reported below: 127 Ohio St. 109; 187 N.E. 7.

No. 814. NEW YORK EX REL. SACKETT V. LYNCH ET AL. Appeal from the Supreme Court of New York. Motion to dismiss submitted February 24, 1934. Decided March 19, 1934. Per Curiam: The motion of the appellees to dismiss the appeal herein is granted, and the appeal is dismissed for the want of a properly presented federal question. Kipley v. Illinois, 170 U.S. 182, 186, 187; Layton V. Missouri, 187 U.S. 356, 358; Jacobi v. Alabama, 187 U.S. 133, 135; Saltonstall v. Saltonstall, 276 U.S. 260, 267, 268. Mr. Wm. F. Unger for appellant. Mr. Henry Epstein for appellees. Reported below: 238 App. Div. 881.

No. 804. BETTS v. RAILROAD COMM’N. Appeal from the District Court of the United States for the Southern District of California. Motion to affirm submitted February 20, 1934. Decided March 19, 1934. Per Curiam: The motion of the appellee to affirm is granted, and the decree is affirmed. Napa Valley Electric Co. v. Railroad Comm'n, 251 U.S. 366; Grubb v. Public Utilities Comm'n, 281 U.S. 470, 475–479; American Surety Co. v. Baldwin, 287 U.S. 156, 164, 165. Mr. Leslie R. Hewitt for appellant. Messrs. Arthur T. George and Ira H. Rowell for appellee. Reported below: 6 F.Supp. 591.

No. 840. LIGGETT & MYERS TOBACCO Co. v. SOUTH CAROLINA. Appeal from the Supreme Court of South Carolina. Motion to dismiss submitted March 5, 1934.

291 U.S.

Decisions Per Curiam, Etc.

Decided March 19, 1934. Per Curiam: The motion of the appellee to dismiss the appeal herein is granted, and the appeal is dismissed for the reason that the judgment of the Supreme Court of the State of South Carolina, insofar as the appellant seeks here to review it, was based upon a non-federal ground adequate to support it. Quong Ham Wah Co. v. Industrial Comm’n, 255 U.S. 445, 448, 449; Knights of Pythias v. Meyer, 265 U.S. 30, 32, 33; Swiss Oil Corp. v. Shanks, 273 U.S. 392, 411, 412; Hicklin v. Coney, 290 U.S. 169, 171; Live Oak Water Users Assn. v. Railroad Comm'n, 269 U.S. 354, 359; Girard Trust Co. v. Ocean & Lake Realty Co., 286 U.S. 523; Real EstateLand Title & Trust Co. v. Springfield, 287 U.S. 577. Mr. Christie Benet for appellant. Messrs. John M. Daniel and Sam. M. Wolfe for appellee. Reported below: 171 S.C. 511; 172 S.E. 857.

No. 780. GRIFFIN v. MCCARTHY. Appeal from the Supreme Court of Washington. Motion to dismiss submitted February 27, 1934. Decided March 19, 1934. Per Curiam: The motion of the appellant for leave to file statement as to jurisdiction is granted. The motion of the appellee to dismiss the appeal herein 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) Judicial Code as amended (43 Stat. 936, 938), the petition for writ of certiorari is denied. Mr. William H. Griffin, pro se. Mr. Hugh M. Caldwell for appellee. Reported below: 174 Wash. 74; 24 P. (2d) 595.

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No.-, original. EX PARTE HOLMES. March 19, 1934. The motion for leave to file petition for writ of mandamus is denied. Mr. Dock Holmes, pro se.

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