Whitmore v. Ormsbee, 329 U.S. 668

Decisions Per Curiam, Etc. 329 U. S.

No. 210. Whitmore v. Ormsbee, Commissioner of the Bureau of Revenue;

No. 211. KGFL, Inc. v. Ormsbee, Commissioner of the Bureau of Revenue; and

No. 212. Houck et al. v. Ormsbee, Commissioner of the Bureau of Revenue. Appeals from the District Court of the United States for the District of New Mexico. October 14, 1946. Per Curiam: The motions to affirm are granted and the judgments are affirmed. (1) Hillsborough v. Cromwell, 326 U. S. 620, 623; Matthews v. Rodgers, 284 U. S. 521, 525; (2) Union Brokerage Co. n. Jensen, 322 U. S. 202. Lake J. Frazier for appellants. Arthur W. Scharfeld and Fred E. Wilson for appellee. Reported below: 64 F. Supp. 911.

No. 276. General Transportation Co. et al. v. United States et al. Appeal from the District Court of the United States for the District of Massachusetts. October 14, 1946. Per Curiam: The motion to affirm is granted and the judgment is affirmed. §§5(2) (a), 203

(a) (14), 212 (a), Interstate Commerce Act, as amended, 49 U. S. C. §§ 5, 303 (a) (14), 312 (a). Michael Carchia for appellants. Solicitor General McGrath and Daniel W. Knowlton for the United States and the Interstate Commerce Commission, appellees. Reported below: 65 F. Supp. 981.

sissippi Valley Barge Line Co. v. United States, 292 U. S. 282, 286-7. Rutledge C. Clement for appellant. Solicitor General McGrath and Daniel W. Knowlton for the United States and the Interstate Commerce Commission, appellees. Reported below: 65 F. Supp. 183.

No. 318. Moffett et al. v. Commerce Trust Co. et al. Appeal from the Supreme Court of Missouri. October 14, 1946. Per Curiam: The motion to dismiss is granted, and the appeal is dismissed for the reason that the decision of the state court sought here to be reviewed was based upon a non-federal ground adequate to support it. Enterprise Irrigation District v. Farmers Canal Co., 243 U. S. 157, 165; Utley v. St. Petersburg, 292 U. S. 106, 111. Martin J. O’Donnell for appellants. Charles M. Blackmar, John T. Harding, R. C. Tucker, Walter A. Raymond and B. C. Howard for appellees. Reported below: 354 Mo. 1098,193 S.W. 2d 588.

No. 338. Kut v. Bureau of Unemployment Compen - sation et al. Appeal from the Supreme Court of Ohio. October 14, 1946. Per Curiam: The motion to dismiss is granted, and the appeal is dismissed for the reason that the decision of the state court sought here to be reviewed was based upon a non-federal ground adequate to support it. Berea College v. Kentucky, 211 U. S. 45. Murray Seasongood and Lester A. Jaffe for appellant. E. G. Schuessler for appellees. Reported below: 146 Ohio St. 522, 66 N. E. 2d 643.

No. 374. Gallup v. Township of Lower Merion. Appeal from the Superior Court of Pennsylvania. October 14, 1946. Per Curiam: The motion to dismiss is

Decisions Per Curiam, Etc. 329 U.S.

granted, and the appeal is dismissed for want of a substantial federal question. Hadacheck v. Los Angeles, 239 U. S. 394; New Orleans Public Service v. New Orleans, 281 U. S.

682. G. Harry Ditter for appellant. Harold Evans for appellee. Reported below: 158 Pa. Super. 572, 46 A. 2d 35.

No. 424. Memphis Natural Gas Co. v. McCanless, Commissioner of Finance & Taxation, et al. Appeal from the Supreme Court of Tennessee. October 14,1946. Per Curiam: The motion to dismiss is granted and the appeal is dismissed for want of jurisdiction. § 237 (a), Judicial Code, as amended, 28 U. S. C. § 344 (a). Treating the papers whereon the appeal was allowed as a petition for writ of certiorari as required by § 237 (c) of the Judicial Code, as amended, 28 U. S. C. § 344 (c), certiorari is denied. Edward P. Russell for appellant. W. F. Barry, Jr. for appellees. Reported below: 183 Tenn. 635, 194 S.W. 2d 476.

No. 220. Bailey v. United States. On petition for writ of certiorari to the Circuit Court of Appeals for the Seventh Circuit. October 14, 1946. Per Curiam: The Court having given consideration to the Government’s confession of error, the petition for writ of certiorari is granted and the judgment of the Circuit Court of Appeals is reversed. Theodore Lockyear and Paul Wever for petitioner. Solicitor General McGrath, W. Marvin Smith, Robert S. Erdahl and Andrew F. Oehmann for the United States. Reported below: 155 F. 2d 184.

No. 10, original. United States v. Wyoming et al. October 14,1946. The report of the Special Master herein is received and ordered filed.