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Decisions Granting Certiorari.

291 U.S.

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

No., original. EX PARTE HEILBRONER ET AL. March 19, 1934. The motion for leave to file petition for writ of prohibition and/or mandamus is denied. Mr. Wilbur C. Davidson for petitioners.

No. 738. BIG LAKE OIL Co. v. HEINER, COLLECTOR OF INTERNAL REVENUE. March 19, 1934. Petition for rehearing denied. See post, p. 677.

No. 768.

WESTERN & ATLANTIC RAILROAD V. MICHAEL.
Petition for rehearing denied. See

March 19, 1934.

ante, p. 649.

DECISIONS

GRANTING

CERTIORARI, FROM

JANUARY 9, 1934, TO AND INCLUDING MARCH 19, 1934.

No. 663. GAY, RECEIVER, v. RUFF. January 15, 1934. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit granted. Messrs. Robert M. Hitch and Archibald B. Lovett for petitioner. Mr. Thomas W. Hardwick for respondent. Reported below: 67 F. (2d) 684.

No. 669. MINNICH v. GARDNER ET AL. January 15, 1934. Petition for writ of certiorari to the Circuit Court of Appeals for the Third Circuit granted. Mr. Henry George Gress for petitioner. Mr. Clarence A. Fry for respondents. Reported below: 66 F. (2d) 561.

291 U.S.

Decisions Granting Certiorari.

No. 660. SAUDER, ADMINISTRATRIX, ET AL. v. MIDCONTINENT PETROLEUM CORP. January 22, 1934. The petition for writ of certiorari to the Circuit Court of Appeals for the Tenth Circuit is granted. Mr. Harry W. Colmery for petitioners. Messrs. James C. Denton and Richard H. Wills for respondent. Reported below: 67 F. (2d) 9.

No. 689. HELVERING, COMMISSIONER OF INTERNAL REVENUE, V. INDEPENDENT LIFE INSURANCE Co. February 5, 1934. Petition for writ of certiorari to the Circuit Court of Appeals for the Sixth Circuit granted. Solicitor General Biggs for petitioner. Messrs. Wm. Marshall Bullitt and J. A. Newman for respondent. Reported below: 67 F. (2d) 470.

No. 709. EASTMAN KODAK CO. ET AL. v. GRAY. February 5, 1934. Petition for writ of certiorari to the Circuit Court of Appeals for the Third Circuit granted. Messrs. William H. Davis, George E. Middleton, Allen Hunter White, and Dean S. Edmonds for petitioners. Messrs. Thomas Raeburn White and Leon Edelson for respondent. Reported below: 67 F. (2d) 190.

No. 722.

ROCKFORD LIFE INSURANCE Co. v. COMMISSIONER OF INTERNAL REVENUE. February 5, 1934. Petition for writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit granted. Mr. Wm. Marshall Bullitt for petitioner. Solicitor General Biggs for respondent. Reported below: 67 F. (2d) 213.

No. 707. MASSEY V. UNITED STATES. On petition for rehearing. February 19, 1934. The order entered February 12 [post, p. 669] denying petition for writ of certiorari in this case is revoked. The petition for writ of cer

Decisions Granting Certiorari.

291 U.S.

tiorari to the Circuit Court of Appeals for the Seventh Circuit is granted, limited to the question presented upon the petition for rehearing. Messrs. E. F. Colladay and William A. McClellan for petitioner. Reported below: 66 F. (2d) 666.

No. 655. BOYNTON, ATTORNEY GENERAL, v. HUTCHINSON GAS CO. February 19, 1934. Petition for writ of certiorari to the Supreme Court of Kansas granted. Messrs. Roland Boynton, John G. Egan, and Arthur V. Roberts for petitioner. Messrs. Robert D. Garver and Robert Stone for respondent. Reported below: 137 Kan. 717; 22 P. (2d) 958.

4

Nos. 727 and 728. SPRING CITY FOUNDRY Co. v. COMMISSIONER OF INTERNAL REVENUE. March 5, 1934. The petition for writs of certiorari to the Circuit Court of Appeals for the Seventh Circuit is granted limited to the question whether a debt ascertained to be partially worthless in 1920 was deductible in that year under either § 234 (a) (4) or § 234 (a) (5) and to the question whether the debt was returnable as taxable income in that year to the extent that it was then ascertained to be worthless. Messrs. Edgar L. Wood and Richard H. Tyrrell for petitioner. Solicitor General Biggs for respondent. Reported below: 67 F. (2d) 385.

No. 742. SMITH V. UNITED STATES. March 5, 1934. Petition for writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit granted. Mr. James J. Crossley for petitioner. Solicitor General Biggs and Messrs. Will G. Beardslee, Randolph C. Shaw, and W. Marvin Smith for the United States. Reported below: 67 F. (2d)

291 U.S.

Decisions Granting Certiorari.

No. 783. LOCAL LOAN Co. v. HUNT. March 12, 1934. Petition for writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit granted. Messrs. David F. Rosenthal, Richard Mayer, Orville W. Lee, and Frederic Burnham for petitioner. Messrs. Lloyd A. Faxon and Fred C. Dimond for respondent. Reported below: 67 F. (2d) 998.

Nos. 791 and 792. AVERY v. COMMISSIONER OF INTERNAL REVENUE. March 19, 1934. Petition for writs of certiorari to the Circuit Court of Appeals for the Seventh Circuit granted. Messrs. John E. MacLeish and Leland K. Neeves for petitioner. Solicitor General Biggs for respondent. Reported below: 67 F. (2d) 310.

No. 795. WOODSON, ALIEN PROPERTY CUSTODIAN, ET AL. V. DEUTSCHE GOLD UND SILBER SCHEIDEANSTALT VORMALS ROESSLER. March 19, 1934. Petition for writ of certiorari to the Court of Appeals of the District of Columbia granted. Solicitor General Biggs for petitioners. Messrs. Richard H. Wilmer and Douglas L. Hatch for respondent. Reported below: 62 App.D.C. 344; 68 F. (2d) 391.

No. 786. BURNS MORTGAGE CO., INC. v. FRIED. March 19, 1934. Petition for writ of certiorari to the Circuit Court of Appeals for the Third Circuit granted. Messrs. Sigmund H. Steinberg and John P. Stokes for petitioner. Messrs. Albert S. Lisenby, John C. Noonan, and Albert L. Moise for respondent. Reported below: 67 F. (2d) 352.

No. 820. FAIRPORT, PAINESVILLE & EASTERN RAILROAD Co. v. MEREDITH. March 19, 1934. Petition for writ of certiorari to the Court of Appeals, 7th Judicial District, of Ohio, granted. Messrs. Thomas M. Kirby, Elbert F.

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Decisions Denying Certiorari.

291 U.S.

Blakely, Atlee Pomerene, and Harry T. Nolan for petitioner. Mr. David F. Anderson for respondent. Reported below: 46 Ohio App. 457; 189 N.E. 10.

No. 802. LEWIS, RECEIVER, v. FIDELITY & DEPOSIT CO. March 19, 1934. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit granted. Messrs. J. F. Anderson, Samuel H. Wiley, F. G. Awalt, Wallace Miller, and George P. Barse for petitioner. Messrs. M. F. Goldstein and Arthur G. Powell for respondent. Reported below: 67 F. (2d) 961.

DECISIONS DENYING CERTIORARI, FROM JANUARY 9, 1934, TO AND INCLUDING MARCH 19, 1934.

No. 178. NORTON V. VESTA COAL Co. See ante, p. 641.

No. 674. HACKWORTH V. ADERHOLD, WARDEN. January 15, 1934. Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit, and motion for leave to proceed further in forma pauperis, denied. Mr. Harry Hackworth, pro se. No appearance for respondent. Reported below: 67 F. (2d) 995.

No. 704. UNITED STATES EX REL. NERBONNE v. HILL, WARDEN. January 15, 1934. Petition for writ of certiorari to the Circuit Court of Appeals for the Third Circuit, and motion for leave to proceed further in forma pauperis, denied. Mr. Alfred R. Nerbonne, pro se. No appearance for respondent. Reported below: 70 F. (2d) 1006.

No. 667. POOLE v. UNITED STATES. January 15, 1934. Petition for writ of certiorari to the Circuit Court of Appeals for the Fourth Circuit, and motion for leave to

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