author: Mr. Justice Douglas,

text:
    No. 483.
    Ng Kam Fook et al. v. Esperdy, District Director, Immigration and Naturalization Service.

      Abraham Lebenkoff for petitioners. Solicitor General Cox for respondent.
   C. A. 2d Cir. Certiorari denied.

Mr. Justice Douglas,

with whom Mr. Justice Black concurs,

dissenting.

Section 243 (a) of the Immigration and Nationality Act (66 Stat. 163, 212, 8 U. S. C. § 1253 (a)) provides in pertinent part:

“. . . deportation of such alien shall be directed to any country of which such alien is a subject national, or citizen if such country is willing to accept him into its territory.”

Respondent and both lower federal courts have determined that petitioners, who were both born on the mainland of China, who came to the United States as crewmen in 1953 and 1955, and who have never resided in Formosa, are “subject nationals] or citizen [s]” of the Republic of China, located on Formosa. Accordingly, when the Republic of China refused to accept petitioners, they were ordered deported, under other provisions of the Act, to Hong Kong and the Netherlands — regimes to which they have-never been subject — either as citizens or as nationals, petitioners having been born on the mainland of China, as I have said.

The decision below is predicated in part upon nonrecognition of the Peking regime by the United States, and the fear that a contrary holding would require a preliminary inquiry concerning its willingness to accept petitioners which “might impliedly suggest recognition and thus might embarrass the decisions of the Executive Department as to foreign policies.” 320 F. 2d 86, 89. Since the question touches a basic human right and since the proper construction of the statute poses a substantial question, which should be considered by this Court, I would grant certiorari.

       This overlooks the fact that since 1955 we have been in regular contact with the Peking regime,- first by Alexis Johnson, our former Ambassador to Czechoslovakia and now by John M. Cabot, our Ambassador to Poland. See Department of State, Release Aug. 14, 1963, interview of Alexis Johnson by Irving Chapman.

       Chief Judge Lumbard stated in dissent, 320 F. 2d 86, 90:
      "For the reasons stated in my concurring opinion in Leong Leun Do v. Esperdy, 309 F. 2d 467, 475, 477-479 (2 Cir. 1962), I would hold that for purposes of the present proceeding, ‘the Chinese mainland is a country of which an alien may be a subject national or citizen.’ Id. 309 F. 2d at 478. It seems to me that some agencies of the United States government could, directly or through intermediaries, contact agents of the Communist government without implying recognition. If such a procedure is rejected by the executive branch, then, under the present statute, the alien should not be deported. This area of the law seems to be one which particularly requires legislative attention.”


source: Caselaw Access Project

license: Public Domain

text:
    No. 542.
    Roy v. Minnesota.
   Motion to dispense with printing the petition granted. Petition for writ of certiorari to the Supreme Court of Minnesota denied.


text:
    No. 278,
    Misc.
    Jackson v. Texas.

      Charles Alan Wright for petitioner. Waggoner Carr, Attorney General of Texas, and Howard M. Fender, Cilhert J. Pena and Alio B. Crow, Jr., Assistant Attorneys General, for respondent.
   Court of Criminal Appeals of Texas. Certiorari denied.


text:
    No. 429,
    Misc.
    Ashton v. United States.
    Petitioner pro se. Solicitor General Cox, Assistant Attorney General Miller, Beatrice Rosenberg and Theodore George Gilinsky for the United States.
   United States Court of Appeals for the District of Columbia Circuit. Certiorari denied.


text:
    No. 584.
    Arnebergh v. Zeitlin et al.

      Roger Arnebergh, pro se, Philip E. Grey and Wm. E. Doran for petitioner. Charles H. Keating, Jr. for Citizens for Decent Literature, Inc., et al.
   Motion of Citizens for Decent Literature, Inc., et al., for leave to file a brief, as amici curiae, in support of the petition, granted. Petition for writ of certiorari to the Supreme Court of California denied.


text:
    No. 192,
    Misc.
    Thompson v. United States Board of Parole et al.
    Petitioner pro se. Solicitor General Cox, Assistant Attorney General Marshall, Harold H. Greene and David Rubin for respondents.
   United States Court of Appeals for the District of Columbia Circuit. Certiorari denied.


text:
    No. 286,
    Misc.
    Hagans v. Texas.
    Petitioner pro se. Waggoner Carr, Attorney General of Texas, and Howard M. Fender, Gilbert J. Pena and Alio B. Crow, Jr., Assistant Attorneys General, for respondent.
   Court of Criminal Appeals of Texas. Certiorari denied.


text:
    No. 418,
    Misc.
    Jamison et al. v. Chappell, Chairman, U. S. Board of Parole, et al.

      Lawrence Speiser and David B. Isbell for petitioners. Solicitor General Cox, Assistant Attorney General Marshall, Harold H. Greene and David Rubin for respondents.
   United States Court of Appeals for the District of Columbia Circuit. Cer-tiorari denied.


text:
    No. 685,
    Misc.
    Jenkins v. New York.
   Court of Appeals of New York. Certiorari denied.


text:
    No. 466,
    Misc.
    Mahi v. Heinze, Warden.
    Petitioner pro se. Stanley Mosk, Attorney General of California, Doris H. Maier, Assistant Attorney General, and Edsel W. Haws, Deputy Attorney General, for respondent.
   Supreme Court of California. Certiorari denied.


text:
    No. 548,
    Misc.
    Freeman v. United States.
    Petitioner pro se. Solicitor General Cox, Assistant Attorney General Miller and Philip R. Monahan for the United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 564,
    Misc.
    Revazquez v. Heritage, Warden.
    Petitioner pro se. Solicitor General Cox, Assistant Attorney General Marshall, H aro Id H. Greene and Isabel L.B lair for respondent.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 606,
    Misc.
    Irby v. United States.
    Petitioner pro se. Solicitor General Cox, Assistant Attorney General Miller and Beatrice Rosenberg for the United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 616,
    Misc.
    Lingo v. United States.
    Petitioner pro se. Solicitor General Cox, Assistant Attorney General Miller, Beatrice Rosenberg and Robert G. Maysack for the United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 626,
    Misc.
    Palma v. Immigration and Naturalization Service.
    Petitioner pro se. Solicitor General Cox, Assistant Attorney General Miller, Beatrice Rosenberg and Jerome M. Feit for respondent.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 666,
    Misc.
    Latham et al. v. Crouse, Warden.

      Lawrence Speiser and Bernard Roazen for petitioners. William M. Ferguson, Attorney General of Kansas, and J. Richard Foth and Park McGee, Assistant Attorneys General, for respondent.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 636,
    Misc.
    Goins v. Rundle, Correctional Superintendent, et al.
   Supreme Court of Pennsylvania. Certiorari denied.


text:
    No. 642,
    Misc.
    Burns v. United States.
    Petitioner pro se. Solicitor General Cox, Assistant Attorney General Miller and Beatrice Rosenberg for the United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 684,
    Misc.
    Schexnayder v. Hunter, U. S. District Judge.

      J. Minos Simon for petitioner. Nolan J. Edwards and Samuel W. Planche, Jr. for respondent.
   C. A. 5th Cir. and Supreme Court of Louisiana. Certiorari denied.


text:
    No. 693,
    Misc.
    Peppentenzza v. Rhay, Penitentiary Superintendent.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 702,
    Misc.
    Lyles v. United States.
    Petitioner pro se. Solicitor General Cox, Assistant Attorney General Miller and Bear trice Rosenberg for the United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 708,
    Misc.
    Pealo v. New York.
   Court of Appeals of New York. Certiorari denied.


text:
    No. 677,
    Misc.
    Bogan v. New York.
   Appellate Division, Supreme Court of New York, Fourth Judicial Department. Certiorari denied.


text:
    No. 733,
    Misc.
    Oddo v. Fay, Warden.
    Petitioner pro se. Louis J. Lefkowitz, Attorney General of New York, Paxton Blair, Solicitor General, and Winifred C. Stanley, Assistant Attorney General, for respondent.
   Court of Appeals of New York. Certiorari denied.


text:
    No. 4,
    Misc.
    Whippler v. Georgia.

      Joseph H. Davis for petitioner. Eugene Cook, Attorney General of Georgia, and G. Hughel Harrison and John S. Harrison, Assistant Attorneys General, for respondent.
   Supreme Court of Georgia. Certiorari denied.

Mr. Justice Douglas is of the opinion that certiorari should be granted.


text:
    No. 5,
    Misc.
    Terry v. California.

      Arthur Warner for petitioner.
   Supreme Court of California. Certiorari denied.

Mr. Justice Douglas is of the opinion that certiorari should be granted.


text:
    No. 1321,
    Misc., October Term, 1962.
    Gregory v. United States,
   374 U. S. 822. Motion for leave to file a petition for rehearing denied.


text:
    No. 397.
    No. 399.
    No. 427.
    No. 527,
    Misc.
    Skolnick v. Spolar et al., Courtesy Sandwich Shop, Inc., et al. v. Port of New York Authority et al., Skolnick v. Martin et al., Agnew v. California,
   ante, p. 904;

ante, p. 78;

ante, p. 908; and

ante, p. 912. Petitions for rehearing denied.


text:
    January 6, 1964.
    No. 11.
    Jacobellis v. Ohio.

      Charles H. Keating, Jr. on the motion.
   Appeal from the Supreme Court of Ohio. The motion of the Citizens for Decent Literature, Inc., for leave to file a brief, as amicus curiae, is granted.


text:
    No. 508.
    Lucas et al. v. Forty-Fourth General Assembly of Colorado et al.
   Appeal from the United States District Court for the District of Colorado. (Probable jurisdiction noted, ante, p. 938.) This case is set for argument on Tuesday, March 31, 1964, and the printing of the record is dispensed with. The brief for the appellants shall be filed on or before February 11, 1964, and the brief for the appellees shall be filed on or before March 17, 1964.


text:
    No. 752,
    No. 759,
    No. 769,
    No. 825,
    No. 833,
    No. 842,
    Misc.
    Misc.
    Misc.
    Misc.
    Misc.
    Misc.
    Terry v. Dickson, Warden; Rhodes v. South Carolina et al.; Hurley v. Anderson, Jail Superintendent; Hemmis v. Burke, Warden; Unger v. New Jersey; and Williams v. North Carolina.
   Motions for leave to file petitions for writs of habeas corpus denied.


text:
    No. 789,
    No. 810,
    No. 814,
    Misc.
    Misc.
    Misc.
    Chance v. Arizona et al.; Smith v. North Carolina; and Warren v. Florida.
   Motions for leave to file petitions for writs of habeas corpus denied. Treating the papers submitted as petitions for writs of certiorari, certiorari is denied.


text:
    No. 198.
    Ferguson et al. v. United States.

      A. Kenneth Pye, by appointment of the Court (374 U. S. 821), for petitioners. Solicitor General Cox for the United States.
   Certiorari, 374 U. S. 805, to the United States Court of Appeals for the Tenth Circuit. The motion of the United States to remand is granted. The judgment of the Court of Appeals is vacated and the case is remanded to that Court with directions to determine whether, in the light of the relevant circumstances, the trial court’s ruling that only one of the two defense counsel would be allowed to question each prosecution witness on cross-examination constitutes error of such magnitude as to require a reversal under the plain error rule.


text:
    No. 558.
    National Labor Relations Board v. Brown et al., doing business as Brown Food Store, et al.

      Solicitor General Cox, Arnold Ordman, Dominick L. Manoli, Norton J. Come and Gary Green for petitioner. William L. Keller for respondents.
   C. A. 10th Cir. Certiorari granted.


text:
    No. 582.
    Gillespie, Administratrix, v. United States Steel Corp.

      Jack G. Day and Bernard A. Berkman for petitioner. Thomas V. Koykka for respondent.
   C. A. 6th Cir. Certiorari granted.


text:
    No. 606.
    United States v. Barrett et al.

      Solicitor General Cox, Assistant Attorney General Miller, Robert S. Erdahl and Jerome M. Feit for the United States.
   C. A. 5th Cir. Certiorari granted.


text:
    No. 575.
    Abernathy et al. v. Alabama.

      Jack Greenberg, Constance Baker Motley, James M. Nabrit III, Fred D. Gray, Louis H. Poliak and Charles S. Conley for petitioners. Richmond M. Flowers, Attorney General of Alabama, and Leslie Hall, Assistant Attorney General, for respondent.
   Court of Appeals of Alabama. Certiorari granted.

Mr. Justice Black and Mr. Justice White took no part in the consideration or decision of this petition.


text:
    No. 610.
    Fibreboard Paper Products Corp. v. National Labor Relations Board et al.

      Marion B. Plant and Gerard D. Reilly for petitioner. Solicitor General Cox, Arnold Ordman, Dominick L. Manoli and Norton J. Come for the National Labor Relations Board.
   Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit granted limited to Questions 1 and 3 presented by the petition which read as follows:

“1. Was Petitioner required by the National Labor Relations Act to bargain with a union representing some of its employees about whether to let to an independent contractor for legitimate business reasons the performance of certain operations in which those employees had been engaged?
“3. Was the Board, in a case involving only a refusal to bargain, empowered to order the resumption of operations which had been discontinued for legitimate business reasons and reinstatement with back pay of the individuals formerly employed therein?”

Mr. Justice Goldberg took no part in the consideration or decision of this petition.


text:
    No. 15,
    Misc.
    Giova v. Rosenberg, District Director, Immigration and Naturalization Service.

      Fred Okrand for petitioner. Solicitor General Cox for respondent.
   Motion for leave to proceed in forma pauperis and petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted. Case transferred to the appellate docket.


text:
    No. 519.
    Sherwin v. United States.

      Richard H. Foster, John V. Lewis and Clifton Hildebrand for petitioner. Solicitor General Cox, Assistant Attorney General Oberdorfer, Joseph M. Howard and Lawrence K. Bailey for the United States.
   C. A. 9th Cir. Certiorari denied.

The Chief Justice took no part in the consideration or decision of this petition.


text:
    No. 523.
    Lewis et al. v. Kosty.

      Edward L. Carey, John J. Wilson, Val J. Mitch, Harold H. Bacon and Charles L. Widman for petitioners. Joseph M. Stone and Louis Rabil for respondent.
   United States Court of Appeals for the District of Columbia Circuit. Cer-tiorari denied.


text:
    No. 531.
    Cooper v. United States.

      Marion E. Sibley, Vincent C. Giblin and Sam Daniels for petitioner. Solicitor General Cox, Assistant Attorney General Oberdorfer, Joseph M. Howard and Norman Sepenuk for the United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 530.
    Sigler et al. v. Allstate Insurance Co.

      Sydney M. Eisenberg for petitioners. Suel O. Arnold for respondent.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 544.
    Bowling v. United States.

      Zach H. Douglas for petitioner. Solicitor General Cox, Assistant Attorney General Miller, Beatrice Rosenberg and Jerome Nelson for the United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 545.
    Pacific Supply Cooperative v. Farmers Union Central Exchange, Inc., et al.

      William F. White for petitioner. Jack R. Cluck, Eugene M. Warlich and Richard H, Magnuson for Farmers Union Central Exchange, Inc., and Orville H. Mills and Irving M. Tullar for National Cooperatives, Inc., respondents.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 549.
    Cozinacis v. Cozinacis.

      Edward P. Good and Thomas A. Lazaroff for petitioner. Stephen E. Nash for respondent.
   Supreme Court of Pennsylvania, Western District. Certiorari denied.


text:
    No. 550.
    Chemical Bank New York Trust Co. et al. v. Kennedy, Attorney General.

      Orison S. Marden, Brackley Shaw and Asbury H. deYampert for petitioners. Solicitor General Cox, Assistant Attorney General Douglas, Alan S. Rosenthal and John C. Eldridge for respondent.
   United States Court of Appeals for the District of Columbia Circuit. Certiorari denied.


text:
    No. 551.
    Hughes v. United States.

      Samuel H. Crossland for petitioner. Solicitor General Cox, Assistant Attorney General Miller, Beatrice Rosenberg and Robert G. Maysack for the United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 552.
    Grigsby et al. v. Mitchum, Mayor, et al.

      Peyton Ford for petitioners. William M. Ferguson, Attorney-General of Kansas, and James B. Flack for respondents.
   Supreme Court of Kansas. Certiorari denied.


text:
    No. 555.
    General Instrument Corp. v. National Labor Relations Board.

      Murray Gartner, Jesse Freidin and Herbert Prashker for petitioner. Solicitor General Cox, Arnold Ordman, Dominick L. Manoli and Norton J. Come for respondent.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 556.
    United Mine Workers of America v. White Oak Coal Co., Inc.

      E. H. Rayson, R. R. Kramer and Willard P. Owens for petitioner. Robert S. Young, Jr. and Howard H. Baker, Jr. for respondent.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 557.
    Berkery v. Pennsylvania.
    Petitioner pro se. Louis F. McCabe and Arlen Specter for respondent.
   Supreme Court of Pennsylvania, Eastern District. Certiorari denied.


text:
    No. 563.
    United States v. Bethlehem Steel Corp. et al.

      Solicitor General Cox, Assistant Attorney General Douglas, Stephen J. Poliak and Alan S. Rosenthal for the United States. M. Bayard Crutcher for respondents.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 564.
    Nichols v. United States.

      Melvin B. Lewis for petitioner. Solicitor General Cox, Assistant Attorney General Miller, Beatrice Rosenberg and Jerome M. Feit for the United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 573.
    Sigman v. United States.

      Paul M. Stocker for petitioner. Solicitor General Cox, Assistant Attorney General Miller, Beatrice Rosenberg and Robert G. Maysack for the United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 574.
    Williamson et al., Executors, v. Peurifoy, Judge.
    Petitioners pro se. William D. Neary for respondent.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 577.
    Hassan, Administratrix, v. A. M. Landry & Son, Inc., et al.

      Raymond H. Kierr for petitioner. Ernest A. Carrere, Jr. for respondents.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 578.
    D’Ercole v. United States.

      Thomas J. Todarelli for petitioner. Solicitor General Cox, Assistant Attorney General Miller, Beatrice Rosenberg and Julia P. Cooper for the United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 579.
    In re Gruschwitz et al.

      Michael S. Striker for petitioners. Solicitor General Cox, Assistant Attorney General Douglas, Morton Hollander and John C. Eldridge for the Commissioner of Patents in opposition.
   Court of Customs and Patent Appeals. Certiorari denied.


text:
    No. 576.
    Lynd, Circuit Clerk and Registrar of Voters of Forrest County, Mississippi, et al. v. United States.

      Joe T. Patterson, Attorney General of Mississippi, Peter M. Stockett, Jr., Special Assistant Attorney General, Dugas Shands and Will S. Wells, Assistant Attorneys General, and M. M. Roberts for petitioners. Solicitor General Cox, Assistant Attorney General Marshall, Harold H. Greene and Isabel L. Blair for the United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 581.
    Gajewski et al. v. United States.

      Francis Breidenbach for petitioners. Solicitor General Cox, Assistant Attorney General Oberdorfer and Joseph M. Howard for the United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 587.
    American Compress Warehouse, Division of Frost-Whited Co., Inc., v. National Labor Relations Board.

      Thomas E. Shroyer for petitioner. Solicitor General Cox, Arnold Ordman, Dominick L. Manoli and Norton J. Come for respondent.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 596.
    Public Utility District No. 2 of Grant County, Washington, v. Merritt-Chapman & Scott Corp.

      Whitman Knapp and Martin F. Richman for petitioner. William L. Lynch and James W. Lamberton for respondent. Louis-J. Lefkowitz, Attorney General of New York, Samuel A. Hirshowitz, First Assistant Attorney General, and Sheldon Raab, Assistant Attorney General, for the Attorney General of the State of New York, as amicus curiae, in support of the petition.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 589.
    Danfelser et al. v. State Highway Commission of New Mexico.

      Dudley Cornell for petitioners. Joseph L. Droege, Hadley Kelsey, John C. Worden and Richard T. Whitley, Special Assistant Attorneys General of New Mexico, for respondent.
   Supreme Court of New Mexico. Certiorari denied.


text:
    No. 591.
    McDonald v. United States et al.

      Seymour Margulies for petitioner. Solicitor General Cox, Assistant Attorney General Douglas, Sherman L. Cohn and Pauline B. Heller for the United States, and Peter L. Hughes III for Bethlehem Steel Co., respondents.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 598.
    Peoria & Pekin Union Railway Co. et al. v. Chicago & North Western Railway Co.

      Donald G. Beste, Robert S. Kirby, John M. Elliott and W. S. Bodman for petitioners. Jordan Jay Hillman and John C. Danielson for respondent.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 599.
    New York, Chicago & St. Louis Railroad Co. v. Chicago & North Western Railway Co.

      John M. Elliott for petitioner. Jordan Jay Hillman and John C. Danielson for respondent.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 602.
    Minnesota Mining & Manufacturing Co. v. Plymouth Rubber Co., Inc.

      Edward A. Haight and Harold J. Kinney for petitioner. William W. Rymer for respondent.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 593.
    St. Clair v. Yonkers Raceway, Inc., et al.
    J. Clement Johnston for petitioner. Louis J. Lefkowitz, Attorney General of New York, and Paxton Blair, Solicitor General, for State Harness Racing Commission et al. ; Louis Haimoff for Yonkers Raceway, Inc.; and Samuel I. Rosenman, George Morton Levy, Sr., and Max Freund for Roosevelt Raceway, Inc., respondents.
   Court of Appeals of New York. Certiorari denied.


text:
    No. 594.
    Browder v. Vance, Secretary of the Army, et al.

      William G. Downey, Jr. and Charles D. T. Lennhoff for petitioner. Solicitor General Cox, Assistant Attorney General Douglas, Morton Hollander and David L. Rose for respondents.
   United States Court of Appeals for the District of Columbia Circuit. Certiorari denied.


text:
    No. 611.
    Nichol v. United States.

      Bernard J. Mellman for petitioner. Solicitor General Cox, Assistant Attorney General Miller and Beatrice Rosenberg for the United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 613.
    Ross v. United States.

      William. C. Erbecker for petitioner. Solicitor General Cox, Assistant Attorney General Miller and Beatrice Rosenberg for the United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 616.
    Chicago Metallic Manufacturing Co. v. Ekco Products Co., Inc.

      Dugald S. McDougall for petitioner. Will Freeman for respondent.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 605.
    Peterson v. Zuckert, Secretary of the Air Force.

      Samuel C. Klein for petitioner. Solicitor General Cox, Assistant Attorney General Douglas and Alan S. Rosenthal for respondent.
   United States Court of Appeals for the District of Columbia Circuit. Certiorari denied.


text:
    No. 618.
    General Motors Corp. et al. v. Devex Corporation et al.

      George N. Hibben, Arthur W. Dickey, Jerome F. Fallon, Carlton Hill and Benjamin H. Sherman for petitioners. Walter J. Blenko and William C. McCoy, Jr. for respondents.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 619.
    Cota v. Regents of the University of California et al.
   Supreme Court of California. Certiorari denied.


text:
    No. 622.
    Shreveport Macaroni Manufacturing Co., Inc., v. Federal Trade Commission.

      Robert G. Pugh for petitioner. Solicitor General Cox, Assistant Attorney General Orrick, Lionel Kestenbaum and James Mcl. Henderson for respondent.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 123.
    United States v. Johnson.

      Solicitor General Cox, Assistant Attorney General Miller, Beatrice Rosenberg and Theodore George Gilinsky for the United States. Leon B. Polsky for respondent.
   Motion of respondent for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.


text:
    No. 479.
    Beck v. United States.

      William F. Walsh for petitioner. Solicitor General Cox, Assistant Attorney General Miller, Beatrice Rosenberg and Julia P. Cooper for the United States.
   C. A. 5th Cir. Certiorari denied.

Mr. Justice Douglas,

with whom Mr. Justice Black concurs,

dissenting.

Like United States v. Shotwell Mfg. Co., 355 U. S. 233, 234, “This case presents an unusual question involving the integrity of a criminal trial in the federal courts.”

Petitioner was convicted by a jury of violating 21 U. S. C. § 176a — smuggling marihuana into the United States. The Court of Appeals affirmed. 317 F. 2d 865. A principal witness for the Government was a woman, Janet Watkins, arrested with petitioner, the marihuana having been discovered in her hair. Before petitioner’s trial, she pleaded guilty to transporting marihuana without having paid a transfer tax, and the smuggling charge against her was then dismissed. At the trial, she testified on cross-examination that her guilty plea was still in effect, that no action, personally or through an attorney, had been taken to withdraw it, and that she did not then intend to withdraw it. The judge instructed the jury that he had accepted the plea only after she admitted knowing that the marihuana was in her hair.

Following affirmance in the Court of Appeals, petitioner filed two petitions for rehearing and a motion to supplement the record, pointing out that the judge who presided at his trial had subsequently granted the woman’s unopposed motion to withdraw the guilty plea and that, on the Government’s motion, the indictment against her was dismissed. In support of his request that the case be remanded to the Federal District Court for an inquiry into the propriety of what had transpired, petitioner presented this newly, discovered letter from one of the woman’s attorneys to the other:

“Since Janet pled guilty she has had a conference with Hugh Johnson, Probation Officer, who believes that she was a victim of circumstances the same as you and I believe. After conferring with the Probation Officer he was able to have a conference with Judge Connally concerning the matter, who, in turn, had a conference with Janet personally. It is my understanding, although not confirmed, that Judge Connally is of the same opinion as we are. After conferring with Judge Connally we were able to talk to Bill Jackson of the Federal District Attorney’s office, who .is also convinced that Janet is a victim of circumstances and not guilty.
“The present course of action is as. follows: Janet will be a witness for the Government against Mr. Beck. After she testifies against him, Janet will withdraw her plea of guilty to not guilty, and the cases will be tried before the court if tried at all. Although the Government has not promised anything, they have as much as indicated her cases will be dismissed. . . .”

Had all these facts been known and disclosed at the time of the trial they might have had an effect on the outcome. For the case was submitted to the jury on two separate theories — that petitioner alone smuggled the marihuana into the United States and that he aided and abetted Janet Watkins in doing so. The jury returned a general verdict; and on appeal the Court of Appeals rejected the argument that the case had been improperly submitted on the aider and abetter theory. 317 F. 2d, at 870-871.

The Government argues that petitioner should have proceeded by filing a motion for a new trial. See Rule 33, Fed. Rules Crim. Proc. “It is more appropriate, whenever possible, to correct errors reachable by the appeal rather than remit the parties to a new collateral proceeding.” Bartone v. United States, 375 U. S. 52, 54.

I would grant certiorari, reverse the judgment below, and remand the case for a new trial. Cf. Brady v. Maryland, 373 U. S. 83.

      Judge Connally presided at petitioner Beck’s trial in this case.


text:
    No. 641.
    Cimino v. United States.

      Albert J. Krieger and Theodore Krieger for petitioner. Solicitor General Cox, Assistant Attorney General Miller, Beatrice Rosenberg and Julia P. Cooper for the United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 541.
    National Surety Corp. v. Musgrove et al., doing business as Musgrove Insurance Agency, et al.

      James E. Clark for petitioner. Charles A. Poellnitz for Musgrove et al., and Francis H. Hare for Southwick, respondents.
   Motion of respondent, Gladys Holmes Southwick, for leave to proceed in forma pauperis granted. Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.


text:
    No. 628.
    East Bay Union of Machinists, Local 1304, et al. v. National Labor Relations Board et al.

      David E. Feller, Elliot Bredhoff, Jerry D. Anker and Jay Darwin for petitioners. Solicitor General Cox, Arnold Ordman, Dominick L. Manoli and Norton J. Come for the National Labor Relations Board.
   United States Court of Appeals for the District of Columbia Circuit. Certiorari denied.

Mr. Justice Goldberg took no part in the consideration or decision of this petition.


text:
    No. 570.
    Anderson v. Gladden, Warden.
   The motion to dispense with printing the petition for certiorari is granted. Petition for writ of certiorari to the Supreme Court of Oregon denied.


text:
    No. 603.
    Sullivan et al. v. Nesmith et al.

      John P. Kohn and Calvin M. Whitesell for petitioners.
   C. A. 5th Cir. Certiorari denied.

Mr. Justice Black took no part in the consideration or decision of this petition.


text:
    No. 176,
    Misc.
    Sydnor v. New York.
    Petitioner pro se. Frank S. Hogan and H. Richard Uviller for respondent.
   Court of Appeals of New York. Certiorari denied.


text:
    No. 254,
    Misc.
    Spencer v. Illinois.
    Petitioner pro se. William C. Clark, Attorney General of Illinois, for respondent.
   Supreme Court of Illinois. Certiorari denied.


text:
    No. 287,
    Misc.
    Harris v. Beto, Corrections Director.
    Petitioner pro se. Waggoner Carr, Attorney General of Texas, and Howard M. Fender, Gilbert J. Pena and Alio B. Crow, Jr., Assistant Attorneys General, for respondent.
   Court of Criminal Appeals of Texas. Certiorari denied.


text:
    No. 528,
    Misc.
    Oppenheimer v. California.
    Petitioner pro se. Stanley Mosk, Attorney General of California, William E. James, Assistant Attorney General, and William B. McKesson for respondent.
   District Court of Appeal of California, Second Appellate District. Certiorari denied.


text:
    No. 439,
    Misc.
    Harris v. Thomas, Warden.
    Petitioner pro se. John B. Breckinridge, Attorney General of Kentucky, and Martin Glazer, Assistant Attorney General, for respondent.
   Court of Appeals of Kentucky. Certiorari denied.


text:
    No. 475,
    Misc.
    Walker v. United States.
    Petitioner pro se. Solicitor General Cox, Assistant Attorney General Miller, Beatrice Rosenberg and Robert G. Maysack for the United States.
   United States Court of Appeals for the District of Columbia Circuit. Certiorari denied.


text:
    No. 638,
    Misc.
    Gardiner v. United States.

      Henry Lincoln Johnson, Jr. for petitioner. Solicitor General Cox, Assistant Attorney General Miller, Beatrice Rosenberg and Richard Schmude for the United States.
   United States Court of Appeals for the District of Columbia Circuit. Certiorari denied.


text:
    No. 648,
    Misc.
    Robinson v. United States.
    Petitioner pro se. Solicitor General Cox, Assistant Attorney General Miller, Beatrice Rosenberg and Julia P. Cooper for the United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 657,
    Misc.
    Agnew v. Contractors Safety Association et al.
    Petitioner pro se. Frank De Marco, Jr. for respondents.
   District Court of Appeal of California, Second Appellate District. Certiorari denied.


text:
    No. 661,
    Misc.
    Rindgo v. Tobriner et al.
    Petitioner pro se. Chester H. Gray, Milton D. Korman, Hubert B. Pair and John R. Hess for respondents.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 663,
    Misc.
    Tucker v. Kross, Correction Commissioner.

      Leon B. Polsky for petitioner.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 664,
    Misc.
    Morton v. McDonald, Sheriff.

      Leon B. Polsky for petitioner. Robert P. Lewis for respondent.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 680,
    Misc.
    Banton v. Maryland.
   Court of Appeals of Maryland. Certiorari denied.


text:
    No. 694,
    Misc.
    Joseph v. United States.

      K. Bruce Friedman for petitioner. Solicitor General Cox, Assistant Attorney General Miller, Beatrice Rosenberg and Robert G. Maysack for the United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 704,
    Misc.
    Mahurin v. Missouri.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 706,
    Misc.
    Fox v. Maroney, Correctional Superintendent.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 712,
    Misc.
    Maroney v. New York.
   Court of Appeals of New York. Certiorari denied.


text:
    No. 713,
    Misc.
    Copeman v. Fay, Warden.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 718,
    Misc.
    Farrant v. Bennett, Warden, et al.
   Supreme Court of Iowa. Certiorari denied.


text:
    No. 724,
    Misc.
    Wright v. New York.
   Court of Appeals of New York. Certiorari denied.


text:
    No. 720,
    Misc.
    Squires v. Illinois.
   Supreme Court of Illinois. Certiorari denied.


text:
    No. 725,
    Misc.
    Schoeneich v. Illinois.

      John R. Snively for petitioner.
   Court of Claims of Illinois. Certiorari denied.


text:
    No. 726,
    Misc.
    Thomas v. Myers, Correctional Superintendent.
   Supreme Court of Pennsylvania, Eastern District. Certiorari denied.


text:
    No. 727,
    Misc.
    Meadows v. Boles, Warden.
   Supreme Court of Appeals of West Virginia. Certiorari denied.


text:
    No. 730,
    Misc.
    Hornbeck v. New York State Parole Board.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 732,
    Misc.
    Hall v. Minnesota.
   Supreme Court of Minnesota. Certiorari denied.


text:
    No. 734,
    Misc.
    Ream v. Washington.
   Supreme Court of Washington. Certiorari denied.


text:
    No. 735,
    Misc.
    Collins v. Dickson, Warden.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 739,
    Misc.
    Contaldo v. Murphy, Warden.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 740,
    Misc.
    Auflick v. Florida.
   Supreme Court of Florida. Certiorari denied.


text:
    No. 742,
    Misc.
    Weaver v. Washington.
   Supreme Court of Washington. Certiorari denied.


text:
    No. 741,
    Misc.
    Chase v. Oklahoma.
   Court of Criminal Appeals of Oklahoma. Certiorari denied.


text:
    No. 743,
    Misc.
    Barnes v. New York.
   Appellate. Division, Supreme Court of New York, Fourth Judicial Department. Certiorari denied.


text:
    No. 744,
    Misc.
    Hammond v. North Carolina et al.
   Supreme Court of North Carolina. Certiorari denied.


text:
    No. 746,
    Misc.
    Bogan v. Wilkins, Warden.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 748,
    Misc.
    Clements v. Illinois.
   Supreme Court of Illinois. Certiorari denied.


text:
    No. 749,
    Misc.
    Greulich v. New York.
   Court of Appeals of New York. Certiorari denied.


text:
    No. 753,
    Misc.
    Daniels et al. v. Alaska.
   Supreme Court of Alaska. Certiorari denied.


text:
    No. 754,
    Misc.
    Williams v. New York.
   Court of Appeals of New York. Certiorari denied.


text:
    No. 757,
    Misc.
    Febus v. United States.
    Petitioner pro se. Solicitor General Cox, Assistant Attorney General Miller, Beatrice Rosenberg and Robert G. Maysack for the United States.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 758,
    Misc.
    Babb et al. v. South Carolina et al.
   Supreme Court of South Carolina. Certiorari denied.


text:
    No. 762,
    Misc.
    Carpenter v. Murphy, Acting Hospital Director.
    Petitioner pro se. Louis J. Lefkowitz, Attorney General of New York, Paxton Blair, Solicitor General, and Winifred C. Stanley, Assistant Attorney General, for respondent.
   Court of Appeals of New York. Certiorari denied.


text:
    No. 766,
    Misc.
    Bates v. California Adult Authority et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 772,
    Misc.
    Bates v. Dickson, Warden.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 773,
    Misc.
    Cole v. Maryland.
   Court of Appeals of Maryland. Certiorari denied.


text:
    No. 774,
    Misc.
    Pierce v. New York.
   Court of Appeals of New York. Certiorari denied.


text:
    No. 775,
    Misc.
    Brasfield v. Illinois.
   Supreme Court of Illinois. Certiorari denied.


text:
    No. 778,
    Misc.
    Hall v. New Jersey.
   Supreme Court of New Jersey. Certiorari denied.


text:
    No. 785,
    Misc.
    Hollins v. Pate, Warden.
   Criminal Court of Cook County, Illinois. Certiorari denied.


text:
    No. 797,
    Misc.
    Peguese v. New York.
   Court of Appeals of New York. Certiorari denied.


text:
    No. 566,
    Misc.
    Hetenyi v. Wilkins, Warden.
   C. A. 2d Cir. Certiorari denied.

Mr. Justice Douglas is of the opinion that certiorari should be granted.


text:
    No. 240,
    Misc.
    Cochran v. Missouri.

      Morris A. Shenker for petitioner. Thomas F. Eagleton, Attorney General of Missouri, and Howard L. McFadden, Assistant Attorney General, for respondent.
   Supreme Court of Missouri. Certiorari denied.

Mr. Justice Douglas is of the opinion that certiorari should be granted.


text:
    No. 619,
    Misc.
    Ragan v. Cox, Commandant, U. S. Disciplinary Barracks.

      Frederick Bernays Wiener and Robert E. Hannon for petitioner. Solicitor General Cox, Assistant Attorney General Marshall and Harold H. Greene for respondent.
   C. A. 10th Cir. Certiorari denied.

Mr. Justice Douglas is of the opinion that certiorari should be granted.


text:
    No. 540,
    Misc.
    Paroutian v. United States.

      Irving Younger for petitioner. Solicitor General Cox, Assistant Attorney General Miller, Beatrice Rosenberg and Sidney M. Glazer for the United States.
   Motion to remand and petition for a writ of certiorari to the United States Court of Appeals for the Second Circuit denied.


text:
    No. 54.
    No. 305.
    No. 403.
    No. 408.
    United States v. Stapf et al., Executors and Trustees, Wright Contracting Co. v. Commissioner of Internal Revenue, Mississippi Power & Light Co. et al. v. Capital Electric Power Association et al., Walker et al. v. Forest Preserve District of Cook County, Illinois,
   ante, p. 118;

ante, p. 879;

ante, p. 77; and

ante, p. 906. Petitions for rehearing denied.


text:
    No. 422.
    No. 429.
    No. 435.
    No. 444.
    Aronson v. United States, Seaway Beverages, Inc., v. Dillon, Secretary of the Treasury, et al., Levine v. Lacy, Ace Beer Distributors, Inc., v. Kohn, Inc., et al.,
   ante, p. 920;

ante, p. 923;

ante, p. 932; and

ante, p. 922. Petitions for rehearing denied.


text:
    No. 171.
    Teitelbaum v. Curtis Publishing Co.,
   ante, p. 817. Motion for leave to file a petition for rehearing denied.


text:
    No. 227.
    Corallo v. United States,
   ante, p. 835. Petition for rehearing denied.

Mr. Justice White took no part in the consideration or decision of this petition.


text:
    No. 258,
    No. 297,
    No. 307,
    No. 324,
    No. 387,
    No. 465,
    No. 565,
    No. 581,
    No. 591,
    Misc.
    Misc.
    Misc.
    Misc.
    Misc.
    Misc.
    Misc.
    Misc.
    Misc.
    Ginger v. Bowles, Judge, Powers v. United States, Broyde v. Perry, Judge, Malory v. McGettrick, Sheriff, Darnell v. United States, Stello v. United States, Spriggs v. Pioneer Carissa Gold Mines, Inc., et al., Zanca v. Stichman, Draper v. Rhay, Penitentiary Superintendent,
   ante, p. 856;

ante, p. 858;

ante, p. 900;

ante, p. 935;

ante, p. 916;

ante, p. 933;

ante, p. 914;

ante, p. 925; and

ante, p. 915. Petitions for rehearing denied.


text:
    January 13, 1964.
    No. 53.
    Brooks v. Missouri Pacific Railroad Co.
   The motion of Pat Mehaffy for leave to withdraw his appearance as counsel for the respondent is granted.


text:
    No. 549,
    Misc.
    Malone v. Walker, Warden.
    Petitioner pro se. Jack P. F. Gremillion, Attorney General of Louisiana, and Teddy W. Airhart, Jr., Assistant Attorney General, for respondent.
   Motion for leave to file petition for writ of habeas corpus denied.


text:
    No. 883,
    Misc.
    Taub v. Warden, Manhattan Federal House of Detention.

      Jacob Rassner for petitioner.
   Motion to dispense with printing granted. Motion for leave to file petition for writ of habeas corpus denied.


text:
    No. 569.
    Schlagenhauf v. Holder, U. S. District Judge.

      Richard W. Yarling, Wilbert McInerney and Robert S. Smith for petitioner. Erie A. Kightlinger, Aribert L. Young and Keith C. Reese for respondent.
   C. A. 7th Cir. Certiorari granted.


text:
    No. 637.
    National Labor Relations Board v. Burnup & Sims, Inc.

      Solicitor General Cox, Arnold Ordman, Dominick L. Manoli and Norton J. Come for petitioner. John Bacheller, Jr. for respondent.
   C. A. 5th Cir. Certiorari granted.


text:
    No. 654.
    King, Executrix, et al. v. United States.

      David S. Bate and Paul T. Murphy for petitioners. Solicitor General Cox, Assistant Attorney General Douglas and Alan S. Rosenthal for the United States.
   C. A. 3d Cir. Certiorari granted.


text:
    No. 623.
    Calhoun et al. v. Latimer et al.

      Constance Baker Motley, Jack Greenberg, E. E. Moore, Donald L. Hollowell and A. T. Walden for petitioners. Henry Bowden for respondents.
   C. A. 5th Cir. Certiorari granted.

Reported below


text:
    No. 595.
    Bethlehem Steel Co. v. National Labor Relations Board et al.

      John H. Morse for petitioner. Solicitor General Cox, Arnold Ordman, Dominick L. Manoli, Norton J. Come and Nancy M. Sherman for the National Labor Relations Board, and M. H. Goldstein for the Industrial Union of Marine & Shipbuilding Workers of America, respondents.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 620.
    Boeing Airplane Co. v. Perry, Administrator, et al.

      Malcolm Miller for petitioner. Solicitor General Cox for the United States, as amicus curiae, in opposition.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 625.
    No. 645.
    Braswell Motor Freight Lines, Inc., et al. v. Pensick & Gordon, Inc.; and Pensick & Gordon, Inc., v. California Motor Express et al.

      George L. Catlin and Theodore W. Russell for petitioners in No. 625 and for California Motor Express et al., respondents in No. 645. Carl M. Gould for Pensick & Gordon, Inc. Harry J. Keaton for Pacific Intermountain Express et al., respondents in No. 645.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 643.
    Willmut Gas & Oil Co. v. Fly, Administrator.

      Reynolds S. Cheney and Gamer W. Green for petitioner. Solicitor General Cox, Assistant Attorney General Oberdorfer, Harry Marselli and Benjamin M. Parker for respondent.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 627.
    Agobian et al. v. United States.

      Peter J. Hughes for petitioners. Solicitor General Cox, Assistant Attorney General Miller and Beatrice Rosenberg for the United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 629.
    Francis v. Pennsylvania.
    Petitioner pro se. Arlen Specter for respondent.
   Superior Court of Pennsylvania. Certiorari denied.


text:
    No. 632.
    Harris v. Norfolk Southern Railway.

      Louis B. Fine and Howard I. Legum for petitioner. William C. Worthington for respondent.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 640.
    Cohen v. New York.

      William W. Kleinman and Eugene Gold for petitioner. Edward S. Silver and William I. Siegel for respondent.
   Supreme Court of New York, Kings County. Certiorari denied.


text:
    No. 644.
    Southern Railway Co. v. Guilford National Bank of Greensboro, Administrator.

      W. T. Joyner and C. T. Leonard, Jr. for petitioner.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 646.
    Sarelas v. Porikos et al.

      Peter S. Sarelas, petitioner, pro se.

   C. A. 7th Cir. Certiorari denied.


text:
    No. 650.
    Boren v. McLean, U. S. District Judge.

      Richard H. Weis for petitioner. Solicitor General Cox, Assistant Attorney General Miller, Beatrice Rosenberg and Richard Schmude for respondent.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 647.
    Clark v. Washington State Bar Association.

      Henry Waldman for petitioner. T. M. Royce for respondent.
   Supreme Court of Washington. Certiorari denied.


text:
    No. 651.
    Rushing, doing business as Marcel Company, v. Federal Trade Commission.

      John E. Jackson and John E. Jackson, Jr. for petitioner. Solicitor General Cox for respondent.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 633.
    Miller & Lux Incorporated v. Anderson et al.

      Dean Acheson and C. Ray Robinson for petitioner. Clayton L. Orn, James D. Adams, Arthur R. Albrecht, Martin J. Weil, Adolph H. Levy, Lloyd M. Tweedt, Marcus Mattson, Harold C. Morton, Marion B. Plant, Herbert W. Clark, Girvan Peck, Edward G. Chandler, Edwin S. Pillsbury, Richard H. Peterson, Paul F. Schlicher, Walter M. Gleason, Joseph M. McLaughlin and Patrick James Kirby for Marathon Oil Co. et al.; Stanley F. Davie for Trico Oil & Gas Co. et al.; and Rodney K. Potter for Lloyd Corporation, Ltd., et al., respondents.
   C. A. 9th Cir. Certiorari denied.

The Chief Justice took no part in the consideration or decision of this petition.


text:
    No. 662.
    United States v. Mann.

      Solicitor General Cox, Assistant Attorney General Oberdorfer, Joseph M. Howard and Burton Berkley for the United States. John J. Pichinson and Luther E. Jones, Jr. for respondent.
   C. A. 5th Cir. Certiorari denied.

The Chief Justice took no part in the consideration or decision of this petition.


text:
    No. 460,
    Misc.
    McIntosh v. New York.

      Abraham Ziegler for petitioner. Joseph A. Ryan and Michael R. Canestrano for respondent.
   Appellate Division, Supreme Court of New York, Fourth Judicial Department. Certiorari denied.


text:
    No. 478,
    Misc.
    Johnson v. United States.
    Petitioner pro se. Solicitor General Cox, Assistant Attorney General Miller, Beatrice Rosenberg and Jerome Nelson for the United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 491,
    Misc.
    Kincaid v. Boles, Warden.
    Petitioner pro se. C. Donald Robertson, Attorney General of West Virginia, and George H. Mitchell and Andrew J. Goodwin, Assistant Attorneys General, for respondent.
   Supreme Court of Appeals of West Virginia. Certiorari denied.


text:
    No. 517,
    Misc.
    Amiotte v. California.
    Petitioner pro se. Stanley Mosk, Attorney General of California, William E. James, Assistant Attorney General, and Gilbert F. Nelson, Deputy Attorney General, for respondent.
   District Court of Appeal of California, Second Appellate District. Certiorari denied.


text:
    No. 582,
    Misc.
    Alvarado v. United States.

      Whitney North Seymour, Jr. for petitioner. Solicitor General Cox, Assistant Attorney General Miller, Beatrice Rosenberg and Sidney M. Glazer for the United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 584,
    Misc.
    Murdaugh v. New York.
    Petitioner pro se. William I. Siegel for respondent.
   Appellate Division, Supreme Court of New York, Second Judicial Department. Certiorari denied.


text:
    No. 575,
    Misc.
    Watkins v. Walker, Warden.
    Petitioner pro se. Jack P. F. Oremillion, Attorney General of Louisiana, and Teddy W. Airhart, Jr., Assistant Attorney General, for respondent.
   Supreme Court of Louisiana. Certiorari denied.


text:
    No. 599,
    Misc.
    Miers v. Texas.

      Bernard A. Golding for petitioner. Waggoner Carr, Attorney General of Texas, and James E. Barlow for respondent.
   Court of Criminal Appeals of Texas. Certiorari denied.


text:
    No. 609,
    Misc.
    Nash v. California.
    Petitioner pro se. Stanley Mosk, Attorney General of California, and Doris H. Maier, Assistant Attorney General, for respondent.
   District Court of Appeal of California, Third Appellate District. Certiorari denied.


text:
    No. 622,
    Misc.
    Booker v. Overnite Transportation Co., Inc.
    Petitioner pro se. Samuel A. Miller for respondent.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 623,
    Misc.
    Byrd v. United States.
    Petitioner pro se. Solicitor General Cox, Assistant Attorney General Miller, Beatrice Rosenberg and Jerome M. Feit for the United States.
   United States Court of Appeals for the District of Columbia Circuit. Certiorari denied.


text:
    No. 653,
    Misc.
    Smith v. United States.
    Petitioner pro se. Solicitor General Cox, Assistant Attorney General Miller, Beatrice Rosenberg and Jerome M. Feit for the United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 665,
    Misc.
    Haider v. Minnesota.
   District Court of Minnesota, Fourth Judicial District. Certiorari denied.


text:
    No. 670,
    Misc.
    Koch v. Board of Trustees of the University of Illinois.

      Leonard B. Boudin and Norman Dor-sen for petitioner. James J. Costello and Albert E. Jenner, Jr. for respondent.
   Supreme Court of Illinois. Certiorari denied.


text:
    No. 703,
    Misc.
    Rogers v. United States.
    Petitioner pro se. Solicitor General Cox, Assistant Attorney General Miller, Beatrice Rosenberg and Robert G. Maysack for the United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 46.
    No. 356.
    No. 453.
    No. 456.
    No. 460.
    No. 286,
    No. 375,
    No. 406,
    No. 651,
    No. 710,
    Misc.
    Misc.
    Misc.
    Misc.
    Misc.
    Meeker et ux. v. Ambassador Oil Corp., Fernandez v. United States, Tyler v. West Virginia, Etcheverry v. United States, O’Brien v. Commissioner of Internal Revenue, Hagans v. Texas, Palomino v. United States, Miller v. United States, Beltowski v. Tahash, Warden, Thomas v. Holman, Warden,
   ante, p. 160;

ante, p. 940;

ante, p. 930;

ante, p. 930;

ante, p. 931;

ante, p. 957;

ante, p. 932;

ante, p. 935;

ante, p. 947; and

ante, p. 946. Petitions for rehearing denied.


text:
    January 15, 1964.
    No. 756,
    Misc.
    In re Eastern Air Lines, Inc.

      E. Smythe Gambrell, Harold L. Russell, Robert Proctor and Richard Wait for movant. Henry E. Foley and John H. Pickering for Northeast Airlines, Inc., and Edward J. Hickey, Jr. and James L. Highsaw, Jr. for Master Executive Council of Northeast Pilots & International Association of Machinists, in opposition. Acting Solicitor General Spritzer for the Civil Aeronautics Board.
   Motion for leave to file petition for writ of certiorari to the United States Court of Appeals for the First Circuit dismissed pursuant to Rule 60 of the Rules of this Court.


text:
    January 20, 1964.
    No. 5,
    Original.
    United States v. California.

      Solicitor General Cox for the United States. Stanley Mosk, Attorney General of California, for defendant.
   The joint motion of counsel for extensions of time to file pleadings and briefs is granted and the order of this Court of December 2, 1963, ante, p. 927, is amended to provide that the answer to the supplemental complaint shall be filed on or before March 2, 1964; additional exceptions to the Report of thé Special Master and briefs in support thereof shall be filed on or before April 1, 1964, and answering briefs shall be filed on or before May 15, 1964.

The Chief Justice and Mr. Justice Clark took no part in the consideration or decision of this motion.


text:
    No. 862,
    Misc.
    Bizup v. Tinsley, Warden.
   Motion for leave to file petition for writ of mandamus and for other relief denied.


text:
    No. 94.
    United States v. El Paso Natural Gas Co. et al.

      William M. Bennett on the motion. Gregory A. Harrison, Arthur H. Dean, Charles V. Shannon, Atherton Phleger, Roy H. Steyer, Stephen Rackow Kaye, Leon M. Payne and Dennis McCarthy for El Paso Natural Gas Co., in opposition.
   Appeal from the United States District Court for the District of Utah. (Probable jurisdiction noted, 373 U. S. 930.) The motion of the State of California for leave to participate in oral argument, as amicus curiae, is denied.

Mr. Justice White took no part in the consideration or decision of this motion.


text:
    No. 636.
    Germano et al. v. Kerner et al.

      Bernard Kleiman, Lester Asher, John C. Melaniphy and Charles S. Rhyne on the motion.
   Appeal from the United States District Court for the Northern District of Illinois. The appellants’ motion to advance is denied.

Mr. Justice Goldberg took no part in the consideration or decision of this motion.


text:
    No. 688.
    Calhoon, President, or Peters, Secretary-Treasurer of District No. 1 National Marine Engineers’ Beneficial Association, AFL-CIO, v. Harvey et al.

      David Scribner for petitioner. Burton H. Hall for respondents.
   C. A. 2d Cir. Certiorari granted. The Solicitor General is invited to file a brief expressing the views of the United States.


text:
    No. 588.
    Monroe v. United States.

      Benjamin E. Smith for petitioner. Solicitor General Cox, Assistant Attorney General Miller and Beatrice Rosenberg for the United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 607.
    Meridian, Inc., v. Commissioner of Internal Revenue.

      James E. Mitchell for petitioner. Solicitor General Cox and Assistant Attorney General Oberdorfer for respondent.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 626.
    Barkman v. City of Akron et al.

      Rufus L. Thompson for petitioner. James V. Barbuto and Sal Germano for respondents.
   Supreme Court of Ohio. Certiorari denied.


text:
    No. 635.
    Carpenter et ux. v. Commissioner of Internal Revenue.

      Gordon W. Gerber, Kenneth W. Gemmill and P. J. Di Quinzio for petitioners. Solicitor General Cox, Acting Assistant Attorney General Jones, Gilbert E. Andrews and Carolyn R. Just for respondent.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 638.
    Farrell et al. v. United States.

      James A. Poore and Burton Marks for petitioners. Solicitor General Cox, Assistant Attorney General Miller, Beatrice Rosenberg and Julia P. Cooper for the United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 648.
    Clemmons et al. v. Congress of Racial Equality et al.

      John V. Parker and John F. Ward, Jr. for petitioners. Carl Rachlin, Robert Collins, Nils Douglas and Floyd McKissick for respondents.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 667.
    Myers v. Moore, Judge.
   Supreme Court of Appeals of Virginia. Certiorari denied.


text:
    No. 652.
    Trosch et al., doing business as Maryland News Co., v. National Labor Relations Board.

      James J. Doherty for petitioners. Solicitor General Cox, Arnold Ordman, Dominick L. Manoli and Norton J. Come for respondent.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 656.
    American Can Co. v. Commissioner of Internal Revenue.

      Charles C. MacLean, Jr. for petitioner. Solicitor General Cox, Assistant Attorney General Oberdorfer and Harry Baum for respondent.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 658.
    Rayor v. United States.

      Ernest R. Mortenson for petitioner. Solicitor General Cox, Assistant Attorney General Oberdorfer, Joseph M. Howard and Norman Sepenuk for the United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 661.
    Parrott et al. v. Securities and Exchange Commission.

      Robert E. Shelton for petitioners. Solicitor General Cox, Philip A. Loomis, Jr., David Ferber and David B. Bliss for respondent.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 666.
    Nooksack Tribe of Indians v. United States.

      Frederick W. Post for petitioner. Solicitor General Cox, Roger P. Marquis and Elizabeth Dudley for the United States.
   The motion to dispense with printing the petition for a writ of certiorari is granted. Petition for a writ of certiorari to the United States Court of Claims denied.

Reported below: - Ct. Cl. -.


text:
    No. 767,
    Misc.
    Odom v. Missouri.
   Supreme Court of Missouri. Certiorari denied.


text:
    No. 668.
    Bross et al. v. Board of County Supervisors of Fairfax County, Virginia, et al.
    J. Sloan Kuykendall and E. A. Prichard for petitioners. Frederick T. Gray and Ralph G. Louk for respondents.
   Supreme Court of Appeals of Virginia. Certiorari denied.

Mr. Justice Douglas and Mr. Justice White took no part in the consideration or decision of this petition.


text:
    No. 686,
    Misc.
    Butler v. New Jersey.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 697,
    Misc.
    Lee v. Holman, Warden.
    Petitioner pro se. Richmond M. Flowers, Attorney General of Alabama, and Peter M. Lind, Assistant Attorney General, for respondent.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 794,
    Misc.
    Hall v. California.
   Supreme Court of California. Certiorari denied.


text:
    No. 804,
    No. 817,
    Misc.
    Misc.
    Lopez v. California; and Winhoven v. California.

      Morris Lavine for petitioner in No. 804, Misc.
   Supreme Court of California. Certiorari denied.

Reported below: 60 Cal. 2d 223, 384 P. 2d 16.


text:
    No. 823,
    Misc.
    Timmons v. Cunningham, Penitentiary Superintendent.
   Supreme Court of Appeals of Virginia. Certiorari denied.


author: Mr. Justice Goldberg,

text:
    No. 323.
    Shenandoah Valley Broadcasting, Inc., et al. v. American Society of Composers, Authors and Publishers.
   The petition for rehearing is granted and the last sentence of the per curiam opinion announced on October 21, 1963, 375 U. S. 39, 41, is amended to read: “The petition is therefore granted and the judgment is reversed and the cause remanded to the Court of Appeals for further proceedings in conformity with this opinion.”

Mr. Justice Goldberg,

with whom Mr. Justice Black joins,

dissenting from the order granting rehearing and from the modification of the original opinion.

In my view, the cause was properly remanded “to the Court of Appeals for consideration on its merits,” 375 U. S. 39, 41, and there is no reason to modify the original opinion-

Respondent requests the change in order to be free upon remand to argue to the Court of Appeals that petitioners originally failed to perfect their appeal to that court because they did not comply with the 30-day requirement of Rule 73 (a) of the Federal Rules of Civil Procedure. The Rule provides that:

“When an appeal is permitted by law from a district court to a court of appeals the time within which an appeal may be taken shall be 30 days from the entry of the judgment appealed from unless a shorter time is provided by law, except that in any action in which the United States or an officer or agency thereof is a party the time as to all parties shall be 60 days from such entry, . . .” (Emphasis added.)

Petitioners, having filed their notice of appeal with the Court of Appeals more than 30 days but less than 60 days after the entry of the District Court order dismissing their petition, contend that the 60-day limitation applies, that their appeal to the Court of Appeals was timely, and, therefore, that this Court properly remanded the case for consideration on the merits. Petitioners argue that the proceedings they had instituted in the District Court must be regarded as a continuation of the original suit brought by the United States, that the United States is a “party” to the action within the meaning of 28 U. S. C. § 2107 and Rule 73 (a), and, therefore, all the parties have 60 days from the entry of judgment to file a notice of appeal.

The Court in granting rehearing does not pass on the merits of these contentions, leaving them for consideration by the Court of Appeals. I do not believe that the Court of Appeals need consider this procedural question and wish to point out why our original opinion properly directed that court to consider the case on its merits.

We are here confronted with a situation in which, at the time when review of a District Court decision was sought, two questions concerning appellate jurisdiction had not definitely been settled. First, it was not altogether clear whether review in this type of action should be sought in the Court of Appeals or directly in this Court under § 2 of the Expediting Act, 32 Stat, 823, as amended, 15 U. S. C. § 29. To avoid being impaled upon the horns of this procedural dilemma, petitioners attempted to pursue both routes. We have now clarified the law and held that the Expediting Act was inapplicable and that review should proceed through the Court of Appeals. 375 U. S. 39. Second, even if the first question had not been beset by uncertainties, it was not clearly settled whether, in proceeding to the Court of Appeals, petitioners’ case would come within the 60-day, as opposed to the 30-day, appeal limitation. Under these circumstances, given the prior complexities and our decision that the case is one to be reviewed by the Court of Appeals, we should now issue an order which will insure that petitioners’ right to appellate review is properly safeguarded. We have the power to do precisely that.

The Court has frequently held, in cases involving attempted direct appeals from three-judge District Courts to this Court, that “where the question of jurisdiction was not obviously séttled by prior decisions,” the Court will enter “an order framed to save appellants their proper remedies.” Phillips v. United States, 312 U. S. 246, 254. See also Walling v. James V. Reuter, Inc., 321 U. S. 671, 676-678; Oklahoma Gas & Electric Co. v. Oklahoma Packing Co., 292 U. S. 386, 392; Gully v. Interstate Natural Gas Co., 292 U. S. 16, 19. To accomplish this the Court has remanded “the cause to the court which heard the case so that it may enter a fresh decree from which appellants may, if they wish, perfect a timely appeal to the circuit court of appeals.” Phillips v. United, States, supra, at 254. Here, as in the cited decisions, we have a case in which, as a result of uncertainties in federal appellate procedures and without unreasonable action by petitioners, it is conceivable under the Court’s modified opinion that an appellate review of the merits of the case may not only be unnecessarily delayed but even ultimately thwarted. What we have accomplished indirectly in the cited cases — to the end of safeguarding the statutory right to appellate review — we should be able to do directly in the exercise of our powers of appellate supervision. Compare Bartone v. United States, 375 U. S. 52.

A remand to the Court of Appeals for consideration on the merits is expressly authorized by 28 U. S. C. § 2106 which provides that:

“The Supreme Court or any other court of appellate jurisdiction may affirm, modify, vacate, set aside or reverse any judgment, decree, or order of a court lawfully brought before it for review, and may remand the cause and direct the entry of such appropriate judgment, decree, or order, or require, such further proceedings to be had as may be just under the circumstances.”

The decisions in the above-cited cases establish that this Court has on numerous occasions made “such disposition of the case as justice requires” as is authorized by the statute. Walling v. James V. Reuter, Inc., supra, at 676. In the present case there can be no doubt that a hearing on the merits would “be just under the circumstances.” The fact that this case has proven to involve two -procedural difficulties, instead of simply one as in other instances, should not so confuse the matter as conceivably to defeat the realization of appellate review on the merits. This case, which has been in this Court twice and which will now be in the Court of Appeals for a second time, should be decided in that court on the merits. The right to appellate review should no longer be delayed or denied as a result of uncertainties in federal procedures.


text:
    No. 491.
    No. 495.
    Gulley v. United States, Waltham Watch Co. et al. v. Federal Trade Commission,
   ante, p. 942; and

ante, p. 944. Petitions for rehearing denied.


text:
    No. 478.
    Kaye v. Spence Chapin Adoption Home,
   ante, p. 214. Petition for rehearing denied.

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


text:
    No. 502.
    Clark v. California,
   ante, p. 943. The motion to dispense with printing the petition for rehearing is granted. Petition for rehearing denied.


text:
    January 21, 1964.
    No. 690.
    P. A. C. Realty Co. et al. v. Feldman, Trustee in Bankruptcy.

      Samuel Kaufman, John M. Kaufman and Andrew L. Kaufman for petitioners.
   On petition for writ of cer-tiorari to the United States Court of Appeals for the Third Circuit. Petition dismissed pursuant to Rule 60 of the Rules of this Court.