Coy v. Hunter, 325 U.S. 838 (1945)

Case details
Bluebook Citation
Coy v. Hunter, 325 U.S. 838 (1945)
Full caption
No. —. Mc Coy v. Hunter, Warden;
Country
United States
Jurisdiction
Federal
Court
Supreme Court of the United States
Decided
May 28, 1945
Decisions Per Curiam, Etc. 325U.S.
No. —. Mc Coy v. Hunter, Warden;
No. —. Welch v. Brady, Warden; and
No. —. Blake v. Brady, Warden. May 28, 1945. The motions for leave to file petitions for writs of habeas corpus are denied.
No. —. Sweet v. Swygert, Judge. May 28, 1945. Application denied.
No. 506. Mosher v. Hunter, Warden. May 28, 1945. Leave is granted petitioner to file a second petition for rehearing by September 1, next. The motion for other relief is denied.
No. 1219. S. Buchsbaum & Co. et al. v. Gordon, Director of Labor. Appeal from the Supreme Court of Illinois. June 4, 1945. Per Curiam: The appeal is dismissed for want of a substantial federal question. Carmichael v. Southern Coal Co., 301 U. S. 495, 509-12, 520-21, 525, and cases cited. Messrs. Walter H. Moses and Walter Baehrach for appellants. George F. Barrett, Attorney General of Illinois, for appellee. Reported below: 389 Ill. 493,59 N. E. 2d 832.
No. 1236. National Labor Relations Board v. Fed - eral Motor Truck Co. ;
No. 1237. National Labor Relations Board v. Jones & Laughlin Steel Corp. On petition for writs of certiorari to the Circuit Court of Appeals for the Sixth Circuit; and
No. 1238. Nation al Labor Relations Board v. E. C. Atkins & Co. On petition for writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit. June 4, 1945. Per Curiam: The petition for writs of certiorari is granted. The judgments are vacated and the cases are [p. 839] remanded to the respective Circuit Courts of Appeals for further consideration of the alleged changed circumstances with respect to the demilitarization of the employees involved, and the effect thereof on the Board’s orders. Assistant Solicitor General Cox and Mr. Alvin J. Rockwell for petitioner. Mr. Percy J. Donovan for respondent in No. 1236. Messrs. William A. Seifert and John C. Bane, Jr. for respondent in No. 1237. Messrs. Roscoe Pound and Kurt F. Pantzer for respondent in No. 1238. Reported below: Nos. 1236 and 1237,146 F. 2d 718; No. 1238,147 F. 2d 730.
No. —. Hinkle v. Swygert, Judge; and No. —. Sinclair v. Swygert, Judge. June 4, 1945. The motions for leave to file petitions for writs of mandamus are denied.
No. —. Mason v. Smith, Superintendent; and No. —. Ex parte Garfield J. Kelly. June 4, 1945. The motions for leave to file petitions for writs of certiorari are denied.
No. —. Watson, Attorney General, v. Holland, Govern or, et al. June 4, 1945. The application for an extension of time within which to file petition for writ of certiorari is denied. Finn v. Railroad Commission, 286 U.S. 559.
No. —. Jennings v. Smith, Warden. June 11,1945. The motion for leave to file petition for writ of habeas corpus is denied.
No. 1097. Automatic Paper Machinery Co., Inc. v. Marcalus Manufacturing Co., Inc. et al. June 11, 1945. Scott Paper Co. substituted as the party petitioner.
664818°—46----- 57
Decisions Per Curiam, Etc. 325 U. S.
No. 63. Northwestern Bands of Shoshone Indians v. United States. June 11, 1945. The motion to recall and amend the mandate and for other relief is denied.
No. 953. Finn, Trustee, v. Meighan, Substituted Trustee. June 11, 1945. Order entered amending opinion.
Opinion reported as amended, ante, p. 300.
No. 1287. Ashland Coal & Ice Co., Inc. et al. v. Unite d States et al. Appeal from the District Court of the United States for the Eastern District of Virginia. June 18, 1945. Per Curiam: The motions to affirm are granted and the judgment is affirmed. Standard Oil Co. v. United States, 283 U. S. 235, 240-41; George Allison & Co. n. United States, 296 U. S. 546. Dissenting: Mr. Justice Black and Mr. Justi ce Douglas. Messrs. Walter M. Evans and Harry C. Ames for appellants. Solicitor General Fahy and Mr. Daniel W. Knowlton for the United States et al., and Messrs. Frank W. Gwathmey, Horace L. Walker, D. Lynch Younger, Charles Clark and John C. Donnally for the Atlantic Coast Line Railroad Co. et al., appellees. Reported below: 61 F. Supp. 708.
No. 1245. Okin v. Secur iti es & Exchange Commis - sion. On petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit. June 18, 1945. Per Curiam: On consideration of the suggestion of a diminution of the record and a motion for a writ of certiorari in that relation, the motion for certiorari is granted. The petition for writ of certiorari is granted limited to the question whether that part of the Commission’s order which licensed Electric Bond and Share Company’s use of the proceeds derived from the plan of reorganization can be reviewed only under § 24 (a) of the Public Utility [p. 841] Holding Company Act. The judgment is vacated and the cause is remanded to the Circuit Court of Appeals for consideration of that question. Mr. Samuel Okin for petitioner. Assistant Solicitor General Cox and Mr. Roger S. Foster for respondent. Messrs. James L. Boone and Daniel James for the United Gas Corporation et al., petitioning for writ of certiorari to correct diminution of the record. Reported below: 145 F. 2d 206.
No. 1383. Coy v. United States. On motion for leave to file petition for writ of certiorari. June 18, 1945. Per Curiam: Petitioner moves for leave to file a petition for certiorari under § 262 of the Judicial Code, to review an order of the Circuit Court of Appeals for the Sixth Circuit. The order denied his petition for leave to proceed with his appeal in forma pauperis from an order of the district court denying his motion to vacate sentence upon a conviction on one count of an indictment for violation of § 2 (a) and (b) of the Bank Robbery Act, 12 U. S. C. 588b (a) and (b).
Petitioner filed, with the district court, notice of appeal from its order and an application for leave to appeal in jorma pauperis, which the district court allowed. On the same day, petitioner filed his petition for leave to proceed with his appeal in forma pauperis with the circuit court of appeals, which later denied his petition. As the appeal allowed by the district court was already properly before the circuit court of appeals, it should have allowed petitioner to proceed upon the appeal in forma pauperis, as provided by the district court’s order. 28 U. S. C. 832; Steffler v. United States, 319 U. S. 38, 41.
The Government confesses error. The motion for leave to proceed here in forma pauperis is granted. The motion for leave to file the petition for certiorari is granted and the petition for writ of certiorari is also granted. The
Decisions Per Curiam, Etc. 325 U.S.
order of the circuit court of appeals is vacated and the cause is remanded to that court in order that it may make appropriate disposition of the appeal allowed by the district court.
Bernard Paul Coy, pro se. Solicitor General Fahy, Assistant Attorney General Tom C. Clark, Messrs. Robert S. Erdahl and Irving S. Shapiro for the United States.
No. —. Bozell v. Biddle et al. June 18,1945. The motion for leave to file petition for writ of certiorari is denied.
No. —. Ex parte William M. Lee;
No. —. Tegt meyer v. Tegtmeyer; and No. —. Blood v. Rhode Island. June 18, 1945. Applications denied.
No. —. Kennedy v. Lain son, Warden. June 18, 1945. The motion for leave to file petition for writ of habeas corpus is denied.
No. 699. Goldstone et al., Executors, v. Unite d States. June 18, 1945. Order entered amending opinion.
Opinion reported as amended, ante, p. 687.
No. 1213. Glick Brothers Lumber Co. et al. v. Bowles, Price Administr ator; and
No. 1224. Ray et al., doing bus ines s as Superior Uniform Cap & Shirt Mfg. Co., v. Bowles, Price Admin ist rator. June 18, 1945. The application for a stay is denied.
No. 1368. Stewart v. Ragen, Warden. See post, p. 890.
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