No. 23. United Gas Pipe Line Co. v. Light, 358 U.S. 942

No. 23. United Gas Pipe Line Co. v. Memphis Light, Gas and Water Division et al.;

No. 25. Federal Power Commission v. Memphis Light, Gas and Water Division et al.; and

No. 26. Texas Gas Transmission Corp, et al. v. Memphis Light, Gas and Water Division et al., ante, p. 103. Rehearing denied. Mr. Justice Clark took no part in the consideration or decision of this application.

No. 351. Brown Paper Mill Co., Inc., v. Commis - sioner of Internal Revenue, ante, p. 906; and

No. 289, Misc. In re Stafford, ante, p. 913. Petitions for rehearing denied. Mr. Justice Frankfurter took no part in the consideration or decision of these applications.

No. 461. Fisher et al. v. Printing Developments, Inc., ante, p. 908. Petition for rehearing and for other relief denied. Mr. Justice Frankfurter took no part in the consideration or decision of this application.

January 26, 1959.

An order of The Chief Justice designating and assigning Mr. Justice Burton (retired) to perform judicial duties in the United States Court of Appeals for the District of Columbia Circuit beginning February 2, 1959, and ending June 30, 1959, and for such further time as may be required to complete unfinished business, pursuant to 28 U. S. C. § 294 (a), is ordered entered on the minutes of this Court, pursuant to 28 U. S. C. § 295.

No. 581. Burns v. Ohio. Certiorari, 358 U. S. 919, to the Supreme Court of Ohio. The order of this Court of December 15, 1958, granting the petition for writ of certiorari is modified so as to limit the review in this Court to the question presented on page 2 of the petition for writ of certiorari which reads as follows:

“Whether in a prosecution for Burglary, the Due Process Clause, And The Equal Protection Clause, of the Fourteenth (14) Amendment to the United States Constitution are violated by the refusal of the Supreme Court of Ohio, to file the aforementioned legal proceedings, because Petitioner was unable to secure the costs.”

Mr. Justice Stewart took no part in the consideration or decision of this case.

No. 575. Memorial National Home Foundation v. Brown, Attorney General of California, et al. On petition for writ of certiorari to the District Court of Appeal of California, Second Appellate District. The motion of petitioner for leave to proceed on typewritten papers is granted. Pursuant to a stipulation of the parties, Stanley Mosk, present Attorney General of Cali-

January 26, 1959. 358 U.S.

fornia, is substituted as a party respondent for Brown. The petition for writ of certiorari in this case is denied. On the stipulation were Dudley K. Wright for petitioner, and Stanley Mask, Attorney General of California, and George M. Goffin, Deputy Attorney General, for Mosk, and George E. Wise for the American Gold Star Mothers, Inc., respondents. Reported below: 158 Cal. App. 2d 448, 322 P. 2d 600.

No. 276, Misc. McWhorter v. United States Dis - trict Court for the Southern District of Ohio et al. Motion for leave to file petition for writ of mandamus denied. Petitioner pro se. Solicitor General Rankin for respondents.

No. 556. United States v. Dege et vir. Appeal from the United States District Court for the Southern District of California. Probable jurisdiction noted. Solicitor General Rankin, Assistant Attorney General Anderson and Beatrice Rosenberg for the United States.

Certiorari Granted. (See also Nos. 468 and 572, ante, pp. 331, 332.)

No. 557. National Labor Relations Board v. Insur - ance Agents International Union, AFL-CIO. United States Court of Appeals for the District of Columbia Circuit. Certiorari granted. Solicitor General Rankin, Jerome D. Fenton, Thomas J. McDermott, Dominick L. Manoli and Frederick U. Reel for petitioner. Isaac N. Groner for respondent. Nahum A. Bernstein filed a brief for the Prudential Insurance Company of America, as amicus curiae, urging that the petition for writ of certiorari be granted. Reported below: 104 U. S. App. D. C. 218, 260 F. 2d 736.

No. 573. United States v. 93.970 Acres of Land, More or Less, in Cook County, Illinois, et al. C. A. 7th Cir. Certiorari granted. Solicitor General Rankin, Assistant Attorney General Morton, Roger P. Marquis and 8. Billingsley Hill for the United States. J. Herzl Segal for respondents. Reported below: 258 F. 2d 17.

No. 554. Preformed Line Products Co. v. Watson, Commissioner of Patents. United States Court of Appeals for the District of Columbia Circuit. Certiorari denied. Patrick H. Hume and C. Willard Hayes for petitioner. Solicitor General Rankin, Assistant Attorney General Doub and Samuel D. Slade for respondent. Reported below: 103 U. S. App. D. C. 286, 257 F. 2d 664.

No. 566. Laughlin v. Harrington, Commissioner of Internal Revenue. United States Court of Appeals for the District of Columbia Circuit. Certiorari denied. Albert J. Ahern, Jr. and James J. Laughlin for petitioner. Solicitor General Rankin, Assistant Attorney General Rice and Joseph F. Goetten for respondent. Reported below: 103 U. S. App. D. C. 179, 256 F. 2d 893.

No. 574. Koch et al. v. United States. C. A. 9th Cir. Certiorari denied. Max Fink for petitioners. Solicitor General Rankin, Assistant Attorney General Rice and I. Henry Kutz for the United States. Reported below: 264 F. 2d 334.

No. 496, Misc. United States ex rel. Eckwerth v. Denno, Warden. C. A. 2d Cir. Certiorari denied. Stephen C. Viadeck for petitioner. Reported below: 261 F. 2d 511.

January 26, 1959. 358 U. S.

No. 371. National Broadcasting Co., Inc., v. Philco Corporation. The motion of Gerity Broadcasting Co. for leave to file brief, as amicus curiae, is denied. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit also denied. John F. Sonnett, Bernard G. Segal and Thomas E. Ervin for petitioner. Henry B. Weaver, Jr. for respondent. At the invitation of the Court, 358 U. S. 876, Solicitor General Rankin filed a memorandum for the United States setting forth the views of the Federal Communications Commission in this case. Reported below: 103 U. S. App. D. C. 278, 257 F. 2d 656.

No. 497, Misc. Chavez v. California. Supreme Court of California. Certiorari denied. A. L. Wirin and Fred Okrand for petitioner. Edmund G. Brown, Attorney General of California, William E. James, Assistant Attorney General, and Norman H. Sokolow, Deputy Attorney General, for respondent. Reported below: 50 Cal. 2d 778, 329 P. 2d 907.

No. 498, Misc. Moore v. Arkansas. Supreme Court of Arkansas. Certiorari denied. W. Harold Flowers for petitioner. Reported below: ---- Ark. ---- , 315 S. W. 2d 907.

No. 525. Leifer et al. v. United States. C. A. 6th Cir. Certiorari denied. Hayden C. Covington for petitioners. Solicitor General Rankin, Assistant Attorney General Anderson, Beatrice Rosenberg and Eugene L. Grimm for the United States.

No. 568. Internatio -Rotterdam, Inc., v. River Brand Rice Mills, Inc. C. A. 2d Cir. Certiorari denied. Frank Marcellino for petitioner. Phil E. Gilbert, Jr. for respondent. Reported below: 259 F. 2d 137.

No. 577. 93.970 Acres of Land, More or Less, in Cook County, Illinois, et al. v. United States. C. A. 7th Cir. Certiorari denied. J. Herzl Segal for petitioners. Solicitor General Rankin, Assistant Attorney General Morton, Roger P. Marquis and S. Billingsley Hill for the United States. Reported below: 258 F. 2d 17.

No. 629. Local 107, Highway Truck Drivers and Helpers Union, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, v. McClellan et al. United States Court of Appeals for the District of Columbia Circuit. Certiorari denied. Edward L. Carey and Walter E. Gillcrist for petitioner. Solicitor General Rankin, Assistant Attorney General Doub, Samuel D. Slade and John G. Laughlin, Jr. for respondents.

No. 569. General Foods Corp, et al. v. State Wholesale Grocers et al. The motion of the Great Atlantic & Pacific Tea Co. for leave to file brief, as amicus curiae, is granted. Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied. Edward R. Adams for the General Foods Corporation et al, and Lloyd M. McBride and John P. Ryan, .. for the Morton Salt Co, petitioners. Robert Marks and William S. Kaplan for respondents. John T. Cahill, Lawrence J. McKay, Jerrold G. Van Cise and Thomas R. Mulroy filed a brief for the Great Atlantic & Pacific Tea Co, as amicus curiae, in support of the petition for writ of certiorari. Reported below: 258 F. 2d 831.

No. 300, Misc. Trumblay v. United States. C. A. 7th Cir. Certiorari denied. Petitioner pro se. Solicitor General Rankin, Assistant Attorney General Anderson, Beatrice Rosenberg and Felicia Dubrovsky for the United States. Reported below: 256 F. 2d 615.

January 26, February 20, 1959. 358 U. S.

No. 611. Delaware v. Curran et al. The motion of respondents for leave to proceed in forma pauperis is granted. Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied. Joseph Donald Craven, Attorney General of Delaware, and Richard J. Baker, Deputy Attorney General, for petitioner. Irving Morris for respondents. Reported below: 259 F. 2d 707.

No. 27. Flemming, Secretary of Health, Educa - tion, and Welfare, v. Florida Citrus Exchange et al., ante, p. 153. Rehearing denied.

No. 453. Briggs, doing business as Walt’s Auto Parks & Garages, v. City of Los Angeles et al., ante, p. 205; and No. 483. Ladrey v. Commission on Licensure to Practice the Healing Art in the District of Colum - bia, ante, p. 920. Petitions for rehearing denied. Mr. Justice Frankfurte r took no part in the consideration or decision of these applications.

February 20, 1959.

No. 288. Oklahoma Natural Gas Co. v. Federal Power Commission et al. Certiorari, 358 U. S. 877, to the United States Court of Appeals for the District of Columbia Circuit. Writ of certiorari dismissed on motion of petitioner pursuant to Rule 60 of the Rules of this Court. John S. Carlson, Norman A. Flaningam and Melvin Richter for petitioner. Reported below: 103 U. S. App. D. C. 256, 257 F. 2d 634.