text:
    No. 831.
    Specht v. Patterson, Warden, et al.
   (Certiorari granted, ante, p. 968.) C. A. 10th Cir. Motion of petitioner for appointment of counsel granted. It is ordered that Michael A. Williams, Esquire, of Denver, Colorado, be, and he is hereby, appointed to serve as counsel for petitioner in this case.


source: Caselaw Access Project

license: Public Domain

text:
    No. 136.
    Swann et al. v. Adams, Secretary of State of Florida, et al.

      D. P. S. Paul, P. D. Thomson, Neal Rutledge and Richard F. Wolfson- for Swann, and Thomas C. Britton and Stuart Simon for Supervisor of Elections of Dade County, appellants, on the petition for stay.

      Earl Faircloth, Attorney General of Florida, and Edward D. Cowart, Assistant Attorney General, for appellees Adams et al., in opposition to the petition.
   Appeal from D. C. S. D. Fla. (Ante, p. 440.) Appellants’ petition for stay denied. It is ordered that the judgment in this case issue forthwith.


text:
    No. 181.
    Grosso v. United States.

      Charles Alan Wright on the motion.
   C. A. 3d Cir. (Certiorari granted, ante, p. 810.) Motion to remove case from summary calendar denied.


text:
    No. 689,
    Misc.
    Coffee v. Florida.
    Petitioner pro se.

      Earl Faircloth, Attorney General of Florida, and Wallace E. Allbritton, Assistant Attorney General, for respondent.
   Motion for leave to file petition for writ of habeas corpus denied.


text:
    No. 779,
    Misc.
    Reyes v. Wainwright, Corrections Director.
    Petitioner pro se.

      Earl Faircloth, Attorney General of Florida, and Wallace E. Allbritton, Assistant Attorney General, for respondent.
   Motion for leave to file petition for writ of habeas corpus denied.


text:
    No. 730.
    Zschernig et al. v. Mlller, Administrator, et al.


text:
    No. 947,
    Misc.
    No. 980,
    Misc.
    No. 984,
    Misc.
    No. 998,
    Misc.
    No. 1010,
    Misc.
    Dean v. Florida; Alexander v. Virginia; Stacey v. Illinois; Kinderman v. Tahash, Warden; and Jackson v. Wilson, Warden, et al.
   Motions for leave to file petitions for writs of habeas corpus denied.


text:
    No. 629,
    Misc.
    Clemons v. Wilson, Warden.
    Petitioner pro se.

      Thomas C. Lynch, Attorney General of California, Albert W. Harris, Jr., Assistant Attorney General, and Louise H. Renne, Deputy Attorney General, for respondent.
   Motion for leave to file petition for writ of habeas corpus denied. Treating the papers submitted as a petition for writ of certiorari, certiorari is denied.


text:
    No. 777,
    Misc.
    Fontana v. Schneckloth, Warden, et al.
    Petitioner pro se.

      Thomas C. Lynch, Attorney General of California, and Edsel W. Haws and Roger E. Venturi, Deputy Attorneys General, for respondents.
   Motion for leave to file petition for writ of habeas corpus denied. Treating the papers submitted as a petition for writ of certiorari, certiorari is denied.


text:
    No. 774,
    Misc.
    No. 926,
    Misc.
    No. 927,
    Misc.
    Weidemann v. California et al.; Ruhl et al. v. Supreme Court of Pennsylvania; and Sipult v. Oliver et al.
   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. 907,
    Misc.
    Skolnick v. Knoch, U. S. District Judge.
   Motion for leave to file petition for writ of mandamus and for other relief denied.


text:
    No. 969,
    Misc.
    Mason v. United States District Court for the Eastern District of Michigan et al.
   Motion for leave to file petition for writ of injunction and for other relief denied.


text:
    No. 924,
    Misc.
    No. 935,
    Misc.
    Scott v. Dawkins, U. S. District Judge; and Huston v. Kansas.
   Motions for leave to file petitions for writs of mandamus denied.


text:
    No. 953,
    Misc.
    Smith et al. v. Stanley, U. S. District Judge.

      James B. Flack for petitioners.

      Robert C. Londerholm, Attorney General of Kansas, and Kenton C. Granger, Assistant Attorney General, for respondent.
   Motion for leave to file petition for writ of mandamus and/or prohibition denied.


text:
    No. 904,
    Misc.
    Ortega v. Montante, Judge.
   D. C. E. D. Mich. Motion for leave to file petition for writ of certiorari denied.


text:
    No. 724.
    Dusch et al. v. Davis et al.

      Archibald G. Robertson for appellants.

      Henry E. Howell, Jr., for appellees.
   Appeal from C. A. 4th Cir. Further consideration of question of jurisdiction in this case postponed to hearing of case on the merits. Case placed on summary calendar and set for argument immediately following No. 491. In addition to the merits of case, counsel directed to brief and present oral argument on question whether a three-judge court should have been convened.


text:
    No. 38.
    Marchetti v. United States.

      David Goldstein and Jacob D. Zeldes for petitioner.
   C. A. 2d Cir. Petition for writ of certiorari is granted limited to the following question:

Do not the federal wagering tax statutes here involved violate the petitioner’s privilege against self-incrimination guaranteed by the Fifth Amendment? Should not this Court, especially in view of its recent decision in Albertson v. Subversive Activities Control Board, 382 U. S. 70 (1965), overrule United States v. Kahriger, 345 U. S. 22 (1953), and Lewis v. United States, 348 U. S. 419 (1955)?


text:
    No. 339.
    Hughes v. Washington.

      John Gavin for petitioner.

      John J. O’Connell, Attorney General of Washington, and Harold T. Hartinger and James C. Hanken, Assistant Attorneys General, for respondent.
   Sup. Ct. Wash. Certiorari granted.


text:
    No. 781.
    National Labor Relations Board v. Great Dane Trailers, Inc.

      Solicitor General Marshall, Arnold Qrdman, Dominick L. Manoli and Norton J. Come for petitioner.

      O. R. T. Bowden for respondent.
   C. A. 5th Cir. Certiorari granted.


text:
    No. 794.
    Denver & Rio Grande Western Railroad Co. v. Brotherhood of Railroad Trainmen et al.

      George L. Saunders, Jr., for petitioner.

      Edward J. Hickey, Jr., and James L. Highsaw, Jr., for respondents.
   C. A. 10th Cir. Certiorari granted.


text:
    No. 275.
    Wainwright v. City of New Orleans.

      Melvin L. Wulf for petitioner.

      Alvin J. Liska for respondent.
   Sup. Ct. La. Certiorari granted.


text:
    No. 464.
    Elder v. Board of Medical Examiners of the State of California.

      Reginald G. Hearn for petitioner.

      Thomas C. Lynch, Attorney General of California, and Gerald F. Carreras, Deputy Attorney General, for respondent.
   Dist. Ct. App. Cal., 1st App. Dist. Certiorari denied.


text:
    No. 609.
    Barrow, aka Barrett, et al. v. United States.

      Morton Wit-kin and Stanford Shmukler for petitioners.

      Solicitor General Marshall, Assistant Attorney General Vinson and Beatrice Rosenberg for the United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 618.
    Moore et ux. v. United States.

      James H. Michael, Jr., and Robert M. Musselman for petitioners.

      Solicitor General Marshall, Assistant Attorney General Rogovin and Burton Berkley for the United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 619.
    Andreadis, aka Andre, et al. v. United States.

      Maurice Edel-baum for petitioners.

      Solicitor General Marshall, Assistant Attorney General Vinson, Beatrice Rosenberg and Anthony P. Nugent, Jr., for the United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 610.
    No. 685.
    Firestone Tire & Rubber Co. v. Federal Trade Commission; and Shell Oil Co. v. Federal Trade Commission.

      Thomas S. Markey and John F. Floberg for petitioner in No. 610.

      William Simon, John Bodner, Jr., and William F. Kenney for petitioner in No. 685.

      Solicitor General Marshall, Assistant Attorney General Turner, Howard E. Shapiro, Milton J. Grossman, James Mcl. 'Henderson and Alvin L. Berman for respondent in both cases.
   C. A. 5th Cir. Certiorari denied.

Reported below: 360 F. 2d 470.


text:
    No. 636.
    Empire Rayon Yarn Co., Inc. v. American Viscose Corp. et al.

      Jacob Greenwald and Randolph J. Seifert for petitioner.

      Sidney P. Howell, Jr., for American Viscose Corp., and Nahum, A. Bernstein for Malina et al., respondents.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 657.
    Pacific Far East Line, Inc. v. Government of Guam.

      Mark P. Schlefer for petitioner.

      Harold W. Burnett, Attorney General of Guam, and Donald O. Lincoln for respondent.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 666.
    Lester et al. v. United States.

      J. Leonard Walker and Howell W. Vincent for petitioners.

      Solicitor General Marshall, Assistant Attorney General Vinson, Beatrice Rosenberg and Julia P. Cooper for the United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 720.
    Blau v. Lamb et al.

      Morris J. Levy for petitioner.

      Albert R. Connelly and Robert Rosenman for respondents.
   C. A. 2d Cir. Certio-rari denied.


text:
    No. 677.
    A. P. Smith Manufacturing Co. v. United States.

      Robert P. Weil for petitioner.

      Solicitor General Marshall, Assistant Attorney General Rogovin and Meyer Rothwacks for the United States.
   Ct. Cl. Certiorari denied.


text:
    No. 711.
    Forster Mfg. Co., Inc., et al. v. Federal Trade Commission.

      Charles S. Rhyne, Brice W. Rhyne, Alfred J. Tighe, Jr., Richard A. Tilden and Charles H. Burton for petitioners.

      Solicitor General Marshall and James Mcl. Henderson for respondent.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 718.
    Cudmore v. Richardson-Merrell, Inc.

      Harvey L. Davis for petitioner.

      Donald L. Case and Jack Pew, Jr., for respondent.
   Ct. Civ. App. Tex., 5th Sup. Jud. Dist. Certiorari denied.


text:
    No. 719.
    Branch et al. v. Johnson.

      Julian R. Allsbrook and Richard B. Allsbrook for petitioners.

      Philip J. Hirschkop, Bernard S. Cohen, William M. Kunstler and Arthur Kinoy for respondent.

      T. W. Bruton, Attorney General of North Carolina, and Ralph Moody, Deputy Attorney General, for the State of North Carolina, as amicus curiae, in support of the petition.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 721.
    Peacock Records, Inc., et al. v. Checker Records, Inc., et al.

      William R. Ming, Jr., for petitioners.

      Anthony Bradley Eben for respondents.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 722.
    Arnone et al. v. New York.

      Eugene Feldman for petitioners.

      Nat H. Hentel for respondent.
   App. Div., Sup. Ct. N. Y., 2d Jud. Dept. Certiorari denied.


text:
    No. 723.
    F. & D. Rentals, Inc. v. Commissioner of Internal Revenue.
    John L. Carey for petitioner.

      Solicitor General Marshall, Assistant Attorney General Rogovin, Melva M. Graney and Carolyn R. Just for respondent.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 727.
    Stayner v. United States.

      Jerome B. Tobias for petitioner.

      Solicitor General Marshall, Assistant Attorney General Rogovin and Joseph M. Howard for the United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 729.
    No. 741.
    Royal Netherlands Steamship Co. v. Strachan Shipping Co.; and Strachan Shipping Co. v. Royal Netherlands Steamship Co.

      William M. Kimball for petitioner in No. 729 and for respondent in No. 741.

      E. D. Vickery for petitioner in No. 741 and for respondent in No. 729.
   C. A. 5th Cir. Certiorari denied.

Reported below: 362 F. 2d 691.


text:
    No. 731.
    Local Union No. 542-A, -B, -C, International Union of Operating Engineers, AFL-CIO v. National Labor Relations Board.

      Abraham E. Freedman and Martin J. Vigderman for petitioner.

      Solicitor General Marshall, Arnold Ordman, Dominick L. Manoli and Norton J. Come for respondent.
   C. A. 3d Cir. Cer-tiorari denied.


text:
    No. 733.
    Prusa et al. v. Cermak et al.

      Clyde V. Collins for petitioners.

      Paul W. Cress for respondents.
   Sup. Ct. Okla. Certiorari denied.


text:
    No. 737.
    Bloomfield Steamship Co. v. United States.

      Robert Eikel for petitioner.

      Solicitor General Marshall for the United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 728.
    Goldstein et al. v. Commissioner of Internal Revenue.

      Bernard Speisman for petitioners.

      Solicitor General Marshall and Assistant Attorney General Rogovin for respondent.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 739.
    Meister v. Wisconsin.

      Norman C. Skogstad for petitioner.

      Bronson C. La Follette, Attorney General of Wisconsin, for respondent.
   Sup. Ct. Wis. Cer-tiorari denied.


text:
    No. 740.
    Marina Mercante Nicaraguense, S. A., as owner of The El Salvador v. McAllister Brothers, Inc., as owner of The Tug Russell No. 18, et al.

      Victor S. Cichanowicz for petitioner.

      Christopher E. Heckman for McAllister Brothers, Inc., James David Auslander for Evans, and Frank C. Mason and Robert A. Lilly for Salvesen et al., respondents.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 742.
    Mondakota Gas Co. v. Reed et al.

      Daryl E. Engebregson for petitioner.

      Gale Crowley for respondent Reed.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 743.
    Norton Co. et al. v. Minnesota Mining & Manufacturing Co.

      John W. Malley for petitioners.

      Thomas V. Koykka, Edward A. Haight and Harold J. Kinney for respondent.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 747.
    Sheridan Creations, Inc. v. National Labor Relations Board.

      Ralph P. Katz for petitioner.

      Solicitor General Marshall, Arnold Ordman, Dominick L. Manoli, Norton J. Come and Glen M. Bendixsen for respondent.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 746.
    Werner v. Ohio.

      Barry M. Byron for petitioner.

      William Saxbe, Attorney General of Ohio, and Edwin T. Hofstetter for respondent.
   Ct. App. Ohio, Geauga County. Certiorari denied.


text:
    No. 748.
    Casavina v. United States.

      Frederic C. Ritger, Jr., for petitioner.

      Solicitor General Marshall, Assistant Attorney General Vinson, Beatrice Rosenberg and Robert G. Maysack for the United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 749.
    McInnes et al. v. Port of New York Authority.

      Stanley Getter for petitioners.

      Sidney Goldstein for respondent.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 751.
    Ungar v. Association of the Bar of the City of New York.

      Morton Liftin for petitioner.

      John G. Bonomi for respondent.
   App. Div., Sup. Ct. N. Y., 1st Jud. Dept. Certiorari denied.


text:
    No. 755.
    Blau v. Petteys et al.

      Morris J. Levy for petitioner.

      Martin D. Jacobs for respondents.
   C. A. 8th Cir. Cer-tiorari denied.


text:
    No. 757.
    Marshall v. Sawyer, Governor of Nevada, et al.

      William B. Beirne, A. L. Wirin and Fred Okrand for petitioner.

      Harvey Dickerson, Attorney General of Nevada, and Don W. Winne, Deputy Attorney General, for respondents.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 763.
    Union Barge Line Corp. et al. v. Allen.

      George B. Matthews for petitioners Union Barge Line Corp. et al.

      C. Paul Barker for respondent.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 752.
    Guziak v. Federal Trade Commission.

      Harry E. McDermott, Jr., for petitioner.

      Solicitor General Marshall and James Mcl. Henderson for respondent.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 761.
    Littell v. Udall, Secretary of the Interior.

      Frederick Bemays Wiener for petitioner.

      Solicitor General Marshall, Assistant Attorney General Weisl, Roger P. Marquis and Herbert Pittle for respondent.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 764.
    Burr Oaks Corp. et al. v. Commissioner of Internal Revenue.

      Gerald J. Kahn for petitioners.

      Solicitor General Marshall, Assistant Attorney General Rogovin and Gilbert E. Andrews for respondent.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 765.
    Humble Oil & Refining Co. v. Standard Oil Co. (Kentucky).

      Arthur H. Dean, David W. Peck, Roy H. Steyer and Edward W. Keane for petitioner.

      Francis R. Kirkham, James B. Atkin and Beverly W. Pattishall for respondent.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 769.
    Chervy et ux. v. Peninsular & Oriental Steam Navigation Co., Ltd.

      Gerald G. Kelly for petitioners.

      Francis L. Tetreault for respondent.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 830.
    Grace Line, Inc., et al. v. Kanton.

      Edward S. Franklin for petitioners.

      Sam L. Levinson for respondent.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 770.
    Martin v. United States.

      Edward Bennett Williams and Robert L. Weinberg for petitioner.

      Solicitor General Marshall, Assistant Attorney General Vinson and Beatrice Rosenberg for the United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 772.
    Carter et al. v. American Telephone & Telegraph Co. et al.

      William VanDercreek for petitioners.

      Wayne Babler and Leroy Jeffers for American Telephone & Telegraph Co. et al., and Spencer C. Relyea III for General Telephone Co. of the Southwest, respondents.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 773.
    Mandell, Spector, Rudolph Co. v. United States.

      Harold E. Kohn and William T. Coleman, Jr., for petitioner.

      Solicitor General Marshall, Assistant Attorney General Sanders and Alan S. Rosenthal for the United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 775.
    Checker Cab Co. et al. v. National Labor Relations Board.

      Frederick Bernays Wiener for petitioners.

      Solicitor General Marshall, Arnold Ordman, Dominick L. Manoli and Norton J. Come for respondent.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 782.
    Madison Fund, Inc., formerly Pennroad Corp. v. Commissioner of Internal Revenue.

      William R. Spofford and Sherwin T. McDowell for petitioner.

      Solicitor General Marshall, Assistant Attorney General Rogovin and Melva M. Graney for respondent.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 771.
    Rosemont Enterprises, Inc. v. Random House, Inc., et al.

      Chester C. Davis and Lola S. Lea for petitioner.

      Horace S. Manges for respondents.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 776.
    Banzer v. United States.

      Walter H. Evans for petitioner.

      Solicitor General Marshall, Assistant Attorney General Vinson, Beatrice Rosenberg and Robert G. Maysack for the United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 780.
    Panczko v. United States.

      Julius Lucius Echeles and Melvin B. Lewis for petitioner.

      Solicitor General Marshall, Assistant Attorney General Vinson, Beatrice Rosenberg and Sidney M. Glazer for the United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 783.
    Schein, dba Henry Schein v. United States.

      Jerome T. Orans for petitioner.

      Solicitor General Marshall, Assistant Attorney General Vinson, Beatrice Rosenberg and Mervyn Hamburg for the United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 784.
    Robinson v. United States.

      Robert M. Scott for petitioner.

      Solicitor General Marshall, Assistant Attorney General Vinson, Beatrice Rosenberg and Julia P. Cooper for the United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 785.
    Butterfield v. Plastic Contact Lens Co.

      Collins Mason for petitioner.

      Dugald S. McDougall, Irwin Panter, James C. Desendorf and Carl Hoppe for respondent.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 787.
    Grant et al. v. School District No. 61, Baker County.

      Willard K. Carey for petitioners.
   Sup. Ct. Ore. Certiorari denied.


text:
    No. 788.
    Harris v. United States.

      Jacob Kossman for petitioner.

      Solicitor General Marshall, Assistant Attorney General Vinson and Beatrice Rosenberg for the United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 790.
    Helberg et al. v. United States.

      Jerome M. Johnson for petitioners.

      Solicitor General Marshall, Assistant Attorney General Vinson, Beatrice Rosenberg and Robert G. May-sack for the United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 792.
    City of Mesa v. Salt River Project Agricultural Improvement & Power District.

      J. LaMar Shelley and Mark Wilmer for petitioner.

      Irving A. Jennings and Rex E. Lee for respondent.
   Sup. Ct. Ariz. Certiorari denied.


text:
    No. 798.
    West Los Angeles Institute for Cancer Research v. Mayer et al.

      Kenneth H. Anderson for petitioner.

      Charles M. Price, Hugh L. Biggs and Cleveland C. Cory for respondents.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 802.
    Coates v. United States.

      Robert J. O’Hanlon and Richard L. Daly for petitioner.

      Solicitor General Marshall, Assistant Attorney General Vinson, Beatrice Rosenberg and Mervyn Hamburg for the United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 811.
    State Loan & Finance Corp. v. American Plan Corp.

      Howard L. Williams and Robert M. High for petitioner.

      Leo H. Hirsch, Jr., for respondent.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 633.
    McLaurin et al. v. City of Greenville.

      Jack Greenberg, Anthony G. Amsterdam and R. Jess Brown for petitioners.

      Charles S. Tindall, Jr., for respondent.
   Sup. Ct. Miss. Certiorari denied.

The Chief Justice, Mr. Justice Douglas and Mr. Justice Brennan are of the opinion that certiorari should be granted.


text:
    No. 714.
    Atlantic Coast Line Railroad Co. v. Hodges et al.

      Paul A. Porter and Dennis G. Lyons for petitioner.

      Sam D. Hewlett, Jr., for respondents.
   C. A. 5th Cir. Certiorari denied.

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


text:
    No. 725.
    Keogh v. Washington Post Co.

      Philip Handelman for petitioner.

      James H. McGlothlin for respondent.
   C. A. D. C. Cir. Certiorari denied.

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


text:
    No. 236,
    Mise.
    Clark v. Texas.

      James P. Simpson for petitioner.

      Waggoner Carr, Attorney General of Texas, Hawthorne Phillips, First Assistant Attorney General, T. B. Wright, Executive Assistant Attorney General, and Howard M. Fender and Alio B. Crow, Jr., Assistant Attorneys General, for respondent.
   Ct. Crim. App. Tex. Certiorari denied.


text:
    No. 778.
    United States ex rel. Shott v. Tehan, Sheriff.

      Thurman Arnold for petitioner.

      Melvin G. Rueger and Calvin W. Prem for respondent.
   C. A. 6th Cir. Certiorari denied.

The Chief Justice is of the opinion that certiorari should be granted.

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


text:
    No. 81,
    Mise.
    Hunter v. Prasse.
    Petitioner pro se.

      Edward Friedman, Attorney General of Pennsylvania, and Frank P. Law-ley, Jr., Deputy Attorney General, for respondent.
   C. A. 3d Cir. Cer-tiorari denied.


text:
    No. 172,
    Mise.
    Granade v. United States.

      Parnell J. T. Callahan for petitioner.

      Solicitor General Marshall for the United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 188,
    Mise.
    Jones v. United States.

      Leon B. Polsky for petitioner.

      Solicitor General Marshall, Assistant Attorney General Vinson, Beatrice Rosenberg and Ronald L. Gainer for the United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 382,
    Misc.
    In re Boyden.
    Petitioner pro se.

      Solicitor General Marshall for the United States.
   C. A. 9th Cir. Cer-tiorari denied.


text:
    No. 438,
    Mise.
    Conner v. Wingo, Warden.
    Petitioner pro se.

      Robert Matthews, Attorney General of Kentucky, and George F. Rabe, Assistant Attorney General, for respondent.
   Ct. App. Ky. Certiorari denied.


text:
    No. 562,
    Mise.
    Scott v. United States.
    Petitioner pro se.

      Solicitor General Marshall, Assistant Attorney General Vinson, Beatrice Rosenberg and Mervyn Hamburg for the United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 443,
    Mise.
    Cupo et al. v. United States.

      Josiah Lyman for petitioners.

      Solicitor General Marshall, Assistant Attorney General Vinson, Beatrice Rosenberg and Robert G. Maysack for the United States.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 515,
    Mise.
    Carrillo v. California.
    Petitioner pro se.

      Thomas C. Lynch, Attorney General of California, William E. James, Assistant Attorney General, and Walter R. Jones, Deputy Attorney General, for respondent.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 615,
    Mise.
    Austin v. California.
    Petitioner pro se.

      Thomas C. Lynch, Attorney General of California, and Deraid E. Granberg and Robert S. Shuken, Deputy Attorneys General, for respondent.
   Dist. Ct. App. Cal., 1st App. Dist. Certiorari denied.


text:
    No. 640,
    Mise.
    Primus v. Wainwright, Corrections Director.
    Petitioner pro se.

      Earl Faircloth, Attorney General of Florida, and Stanley D. Kupiszewski, Jr., Assistant Attorney General, for respondent.
   Sup. Ct. Fla. Certiorari denied.


text:
    No. 641,
    Mise.
    Osborne et al. v. California.

      Fred Okrand for petitioners.

      Thomas C. Lynch, Attorney General of California, Arlo E. Smith, Chief Assistant Attorney General, and Doris H. Maier, Assistant Attorney General, for respondent.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 645,
    Mise.
    Dodge v. Utah.
    Petitioner pro se.

      Phil L. Hansen, Attorney General of Utah, and Gary A. Frank, Assistant Attorney General, for respondent.
   Sup. Ct. Utah. Cer-tiorari denied.


text:
    No. 648,
    Mise.
    Baldwin v. United States.
    Petitioner pro se.

      Solicitor General Marshall for the United States.
   Ct. Cl. Certiorari denied.


text:
    No. 705,
    Mise.
    Elbel v. United States.

      Morris A. Shenker and Murry L. Randall for petitioner.

      Solicitor General Marshall, Assistant Attorney General Vinson and Beatrice Rosenberg for the United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 717,
    Mise.
    Oliver v. United States.
    Petitioner pro se.

      Solicitor General Marshall for the United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 730,
    Mise.
    Sutton v. United States.
    Petitioner pro se.

      Solicitor General Marshall, Assistant Attorney General Vinson and Beatrice Rosenberg for the United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 748,
    Mise.
    Jones v. United States.
    Petitioner pro se.

      Solicitor General Marshall for the United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 766,
    Mise.
    Hamilton v. Kentucky.

      Robert B. Sales for petitioner.

      Robert Matthews, Attorney General of Kentucky, and Joseph H. Eckert, Assistant Attorney General, for respondent.
   Ct. App. Ky. Certiorari denied.


text:
    No. 795,
    Mise.
    Ward v. Willingham, Warden.
    Petitioner pro se.

      Solicitor General Marshall, Assistant Attorney General Vinson, Beatrice Rosenberg and Robert G. Maysack for respondent.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 799,
    Mise.
    De La Paz v. Wilson, Warden, et al.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 800,
    Mise.
    Talbot v. California.

      Morris Lavine for petitioner.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 807,
    Mise.
    Leak v. Follette, Warden.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 808,
    Mise.
    Cameron v. New York.

      Leon B. Polsky for petitioner.

      Malvina H. Guggenheim for respondent.
   App. Term, Sup. Ct. N. Y., 1st Jud. Dept. Certiorari denied.


text:
    No. 810,
    Mise.
    Newsome v. Flowers, Attorney General of Alabama, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 811,
    Mise.
    Torres v. Wilson, Warden.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 812,
    Mise.
    Nailor v. New York.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 820,
    Mise.
    Stone v. New York.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 824,
    Mise.
    Newell v. Page, Warden.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 831,
    Mise.
    Solis v. California.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 833,
    Mise.
    Lehman v. Frye, Warden.
   Sup. Ct. Ill. Certiorari denied.


text:
    No. 834,
    Mise.
    McClain v. Missouri.

      John J. Cleary, Harry J. Stadin and J. Raymond Dyer for petitioner.
   Sup. Ct. Mo. Certiorari denied.


text:
    No. 835,
    Mise.
    Soviero v. New York.
   Sup. Ct. N. Y., Queens County. Certiorari denied.


text:
    No. 837,
    Mise.
    Wells v. Washington.
   Sup. Ct. Wash. Certiorari denied.


text:
    No. 838,
    Mise.
    Evans v. Follette, Warden.

      Leon B. Polsky and Anthony L. Fletcher for petitioner.

      Louis J. Lefkowitz, Attorney General of New York, for respondent.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 840,
    Mise.
    McCrary v. Indiana.

      Ferdinand Samper and Jack W. Broadfield for petitioner.
   Sup. Ct. Ind. Certiorari denied.


text:
    No. 847,
    Mise.
    Taylor v. City of Griffin.

      Howard Moore, Jr., and Jack H. Ruffin, Jr., for petitioner.

      William H. Beck, Jr., and Robert H. Smalley, Jr., for respondent.
   Ct. App. Ga. Certiorari denied.


text:
    No. 850,
    Mise.
    Hillman v. Wainwright, Corrections Director, et al.
   Sup. Ct. Fla. Certiorari denied.


text:
    No. 855,
    Mise.
    Grant v. California.
   Dist. Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 856,
    Mise.
    Danks v. Utah.
   Sup. Ct. Utah. Cer-tiorari denied.


text:
    No. 860,
    Mise.
    Smith v. Eyman, Warden, et al.
   Sup. Ct. Ariz. Certiorari denied.


text:
    No. 865,
    Mise.
    Urbano v. DeLoach, Assistant Director, Federal Bureau of Investigation, et al.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 866,
    Mise.
    Callahan v. New York.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 867,
    Mise.
    Saddler v. Maroney, Correctional Superintendent.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 868,
    Mise.
    Lee v. Copinger, Warden.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 869,
    Mise.
    Ebell v. McGee et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 870,
    Mise.
    Dyson v. Maryland.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 872,
    Mise.
    Smith v. United States.
    Petitioner pro se.

      Solicitor General Marshall, Assistant Attorney General Vinson and Beatrice Rosenberg for the United States.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 873,
    Mise.
    Lyons v. State Bar of California et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 876,
    Mise.
    Berry v. New York.
   App. Div., Sup. Ct. N. Y., 4th Jud. Dept. Certiorari denied.


text:
    No. 878,
    Mise.
    Gleaton v. Warden, Maryland Penitentiary.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 883,
    Mise.
    Ford v. California.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 885,
    Mise.
    Rule v. United States.
    Petitioner pro se.

      Solicitor General Marshall, Assistant Attorney General Vinson and Beatrice Rosenberg for the United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 887,
    Mise.
    Jefferson v. Willingham, Warden.
    Petitioner pro se.

      Solicitor General Marshall, Assistant Attorney General Vinson, Beatrice Rosenberg and Robert G. Maysack for respondent.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 890,
    Mise.
    Bennett v. North Carolina.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 893,
    Mise.
    Friend v. Rhay, Penitentiary Superintendent.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 895,
    Mise.
    King v. Wilson, Warden.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 897,
    Mise.
    D’Ambrosio v. Follette, Warden.

      Frank A. Lopez for petitioner.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 898,
    Mise.
    Watson v. Gremillion, Attorney General of Louisiana, et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 902,
    Mise.
    Wimberley v. Meyers, Judge.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 906,
    Mise.
    Splitt v. United States.
    Petitioner pro se.

      Solicitor General Marshall for the United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 903,
    Mise.
    Black v. Crocker, U. S. District Judge.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 909,
    Mise.
    Smith v. Holman, Warden.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 910,
    Mise.
    Sheridan v. Alabama.
   Ct. App. Ala. Certiorari denied.


text:
    No. 911,
    Mise.
    Lakas v. Wilson, Warden.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 913,
    Mise.
    Cason v. North Carolina.
   Sup. Ct. N. C. Certiorari denied.


text:
    No. 916,
    Mise.
    Massengale v. Lester et al.
    Petitioner pro se.

      Robert B. Halloran for respondent Lester.
   Ct. App. Ky. Certiorari denied.


text:
    No. 918,
    Mise.
    Alexander v. Pennsylvania et al.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 1112,
    Mise.
    Myers v. Illinois.
   Sup. Ct. Ill. Certiorari denied.


text:
    No. 920,
    Mise.
    Lester v. Wilson, Warden, et al.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 922,
    Mise.
    Rodriguez, aka Giles v. Johnston, State Hospital Superintendent, et al.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 940,
    Mise.
    Eldridge v. Richfield Oil Corp.

      Lasher B. Gallagher for petitioner.

      Henry F. Walker for respondent.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 644,
    Mise.
    Romano v. Follette, Warden.

      Leon B. Polsky for petitioner.

      Louis J. Lefkowitz, Attorney General of New York, for respondent.
   C. A. 2d Cir. Certiorari denied.

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


text:
    No. 819,
    Mise.
    Haynes v. Rederi A/S Aladdin et al.

      Arthur J. Mandell for petitioner.

      Edward W. Watson for respondents.

      E. D. Vickery and Mayo J. Thompson for Texas Employers’ Insurance Association, intervenor below, on the briefs in opposition to the petition and to the motion.

      Robert Klonsky and Philip F. DiCostanzo for American Trial Lawyers Association, as amicus curiae, in support of the petition.
   C. A. 5th Cir. Motion of American Trial Lawyers Association for leave to file brief, as amicus curiae, granted. Certiorari denied.


text:
    No. 19.
    No. 45.
    No. 89.
    No. 179.
    Adderley et al. v. Florida, Cichos v. Indiana, Walker v. Southern Railway Co., Atlas Scraper & Engineering Co. v. Pursche,
   ante, p. 39;

ante, p. 76;

ante, p. 196; and

ante, p. 846. Petitions for rehearing denied.


text:
    No. 469.
    No. 471.
    No. 486.
    No. 505.
    No. 509.
    No. 524.
    No. 559.
    No. 565.
    No. 800.
    No. 169,
    Mise.
    No. 174,
    Mise.
    No. 220,
    Mise.
    No. 394,
    Mise.
    No. 439,
    Mise.
    No. 507,
    Mise.
    No. 620,
    Mise.
    No. 692,
    Mise.
    No. 711,
    Mise.
    No. 786,
    Mise.
    Layton et al. v. Selb Manufacturing Co. et al., Miller v. Udall, Secretary of the Interior, Jos. Schlitz Brewing Co. v. United States et al., Badgley et al. v. Hare, Secretary of State of Michigan, et al., Devers v. Capital Investors Co. et al., Izzi v. Rezzolla et al., Driscoll v. Toledo Blade Co., Hiatt v. San Francisco National Bank et al., Fortson, Secretary of State of Georgia v. Morris et al., Guy v. Tahash, Warden, et al., Morford v. Fogliani, Warden, Bailey v. Young Men's Christian Association of Metropolitan Atlanta, Inc., Bandy v. United States Attorney General, Gemmel v. Buchkoe, Warden, Jones v. Mancusi, Warden, Boyden v. United States, Hilliard v. Texas, Hagins v. Redevelopment Commission of Greensboro, Oosterwyk v. County of Milwaukee et al.,
   ante, p. 929;

ante, p. 929;

ante, p. 37;

ante, p. 114;

ante, p. 934;

ante, p. 934;

ante, p. 948;

ante, p. 948;

ante, p. 231;

ante, p. 12;

ante, p. 963;

ante, p. 868;

ante, p. 956;

ante, p. 962;

ante, p. 992;

ante, p. 978;

ante, p. 941 ;

ante, p. 952;. and

ante p. 981. Petitions for rehearing denied.


text:
    January 11, 1967.
    No. 402.
    Pioneer National Title Insurance Co. v. United States et al.

      Leo F. Tierney, Robert L. Stern and Warren M. Christopher for appellant.

      Solicitor General Marshall, Donald F. Turner, Robert B. Hummel and Milton J. Grossman for the United States, and Charles T. Martin for Chicago Title & Trust Co. et al., appellees.
   Appeal from D. C. N. D. Ill. Appeal dismissed pursuant to Rule 60 of the Rules of this Court.


text:
    January 13, 1967.
    No. 775,
    Misc.
    Lindsey v. United States.

      Warner Hodges for petitioner.

      Solicitor General Marshall for the United-States.
   C. A. 6th Cir. Petition for writ of certiorari dismissed pursuant to Rule 60 of the Rules of this Court.


text:
    January 16, 1967.
    No. 428.
    Securities and Exchange Commission v. United Benefit Life Insurance Co.

      Marc A. White, Robert L. Augenblick and Joseph B. Levin for National Association of Securities Dealers, Inc., et al., as amici curiae, in support of the petition.

      Daniel J. McCauley, Jr., and Morris L. Weisberg for respondent, in opposition to the motion.
   C. A. D. C. Cir. (Certiorari granted, ante, p. 918.) Motion of National Association of Securities Dealers, Inc., et al., for leave to file brief, as amici curiae, granted.


text:
    No. 993,
    Misc.
    Crooke v. Wainwright, Corrections Director.
   Motion for leave to file petition for writ of habeas corpus denied.


text:
    No. 491.
    Board of Supervisors of Suffolk County et al. v. Bianchi et al.

      Richard C. Cahn for appellees Sammis et al. on the motion.

      Stanley S. Corwin for Board of Supervisors of Suffolk County, and Pierre G. Lundberg for Town of Southampton et al., appellants, in support of the motion.
   Appeal from D. C. E. D. N. Y. (Probable jurisdiction noted, ante, p. 966.) Motion to remove case from summary calendar denied.


text:
    No. 875,
    Mise.
    Newsome v. Holman, Warden, et al.
    Petitioner pro se.

      Richmond M. Flowers, Attorney General of Alabama, and Bernard F. Sykes and Walter S. Turner, Assistant Attorneys General, for respondents.
   Motion for leave to file petition for writ of habeas corpus denied.


text:
    No. 914.
    United States v. First City National Bank of Houston et al.

      Solicitor General Marshall on the application for stay and motion to advance.

      David T. Searls for First City National Bank of Houston, Leon M. Payne for Southern National Bank of Houston, and Joseph J. O’Malley and Eugene J. Metzger for Acting Comptroller of the Currency Camp, in opposition to the motion for stay.
   Appeal from D. C. S. D. Tex. Application for stay presented to Mr. Justice Brennan, and by him referred to the Court, granted. Probable jurisdiction noted and case placed on summary calendar. Motion to advance filed by the Solicitor General, and joined in by the .several appellees, granted. Case will be heard on the typewritten record with leave to the parties to print such portions of the record as they desire as appendices to their briefs.

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


text:
    No. 744.
    Waldron, Executrix v. Cities Service Co.

      Samuel M. Lane for petitioner.

      Simon H. Rifkind and Edward N. Costikyan for respondent.
   C. A. 2d Cir. Certiorari granted.


text:
    No. 682.
    Passini v. United States.

      Melvin B. Lewis and Mitchell H. Caplan for petitioner.

      Solicitor General Marshall, Assistant Attorney General Vinson and Beatrice Rosenberg for the United States.
   C. A. 7th Cir. Certiorari denied.


text:
    No. 692.
    No. 693.
    Morrison Milling Co. v. Freeman et al.; and General Mills, Inc., et al. v. Freeman et al.

      William D. Neary for petitioner in No. 692.

      Howard C. Westwood and Brice M. Clagett for petitioners in No. 693.

      Solicitor General Marshall, Assistant Attorney General Sanders and David L. Rose for respondents in both cases.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 736.
    D. I. Operating Co. et al. v. United States.

      Jack A. Donnelley for petitioners.

      Solicitor General Marshall, Assistant Attorney General Rogovin and Meyer Rothwacks for the United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 832.
    Jamaica Time Petroleum, Inc. v. Federal Insurance Co.

      M. Lewis Lehman for petitioner.

      Martin J. Purcell and Lawrence Weigand for respondent.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 777.
    Duke Power Co. v. United States.

      William I. Ward, Jr., for petitioner.

      Solicitor General Marshall, Assistant Attorney General Weisl, Roger P. Marquis, Howard 0. Sigmond and Edmund B. Clark for the United States.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 786.
    Kelly et al. v. Capital Insurance & Surety Co., Inc.

      Finton J. Phelan, Jr., for petitioners.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 795.
    Perpetual Royalty Corp. et al. v. Kipfer et al.

      Robert S. Rizley for petitioners.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 799.
    Conole et al. v. United States.

      Bernard G. Segal and Samuel D. Slade for petitioners.

      Solicitor General Marshall, Assistant Attorney General Vinson, Beatrice Rosenberg and Kirby W. Patterson for the United States.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 803.
    Bafico v. Southern Pacific Co.

      Thomas H. Ryan for petitioner.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 809.
    Spokane, Portland & Seattle Railway Co. et al. v. Order of Railway Conductors & Brakemen et al.

      Hugh L. Biggs and Cleveland C. Cory for petitioners.

      Harry E. Wil-marth and Clifford D. O’Brien for respondents.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 818.
    Hagan v. Superior Court of California for the County of Los Angeles et al.
   Super. Ct. Cal., County of L. A. Certiorari denied.


text:
    No. 812.
    Parker et al. v. Commissioner of Internal Revenue.

      Horace J. Donnelly, Jr., for petitioner Foundation for Divine Meditation, Inc.

      Solicitor General Marshall, Assistant Attorney General Rogovin, Lee A. Jackson and Gilbert E. Andrews for respondent.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 821.
    United Electrical Contractors Association et al. v. Ordman et al.

      Leon Brickman for petitioners.

      Solicitor General Marshall, Arnold Ordman, pro se, Dominick L. Manoli and Norton J. Come for respondents.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 822.
    Uhlhorn v. U. S. Gypsum Co.

      Joe C. Barrett and Walter P. Armstrong, Jr., for petitioner.

      John M. Heiskell for respondent.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 834.
    Millstein v. Co-ordinating Committee on Discipline.

      Leonard Feldman for petitioner.

      Angelo T. Cometa for respondent.
   App. Div., Sup. Ct. N. Y., 1st Jud. Dept. Certiorari denied.


text:
    No. 840.
    Paduano et al. v. City of New York et al.

      Abraham Wilson, David M. Potts and Max Gross for petitioners.

      J. Lee Rankin for respondents.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 417,
    Mise.
    Lofland v. United States.
    Petitioner pro se.

      Solicitor General Marshall, Assistant Attorney General Vinson, Beatrice Rosenberg and Robert G. Maysack for the United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 701.
    Cole et al. v. United States.

      R. Eugene Pincham, Charles B. Evins and Sam Adam for petitioners.

      Solicitor General Marshall, Assistant Attorney General Vinson and Beatrice Rosenberg for the United States.
   C. A. 7th Cir. Certiorari denied.

The Chief Justice, Mr. Justice Brennan and Mr. Justice Fortas are of the opinion that certiorari should be granted.


text:
    No. 836.
    Virginia ex rel. Virginia State Bar v. Brotherhood of Railroad Trainmen.

      Aubrey R. Bowles, Jr., and Aubrey R. Bowles III for petitioner.

      Beecher E. Stallard, Edward B. Henslee, Jr., and John J. Naughton for respondent.
   Sup. Ct. App. Va. Motion to use record in No. 34, October Term, 1963, granted. Certiorari denied.


text:
    No. 559,
    Mise.
    Forbush v. United States.
    Petitioner pro se.

      Solicitor General Marshall, Assistant Attorney General Vinson, Beatrice Rosenberg and Mervyn Hamburg for the United States.
   C. A. D. C. Cir. Certiorari denied.


text:
    No. 567,
    Mise.
    Smalls v. United States.

      Sherman J. Saxl for petitioner.

      Solicitor General Marshall, Assistant Attorney General Vinson and Beatrice Rosenberg for the United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 606,
    Mise.
    Csobor v. New Jersey.
    Petitioner pro se.

      Edward J. Dolan and William D. Danberry for respondent.
   Sup. Ct. N. J. Certiorari denied.


text:
    No. 874,
    Mise.
    Jefferson v. Fay, Warden.

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


text:
    No. 611,
    Mise.
    Jimenez v. California.
    Petitioner pro se.

      Thomas C. Lynch, Attorney General of California, and Daniel J. Kremer and Edsel W. Haws, Deputy Attorneys General, for respondent.
   Dist. Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 655,
    Mise.
    Armwood v. Brough, Warden.

      Arnold M. Weiner for petitioner.

      Robert C. Murphy, Attorney General of Maryland, and Robert F. Sweeney, Deputy Attorney General, for respondent.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 668,
    Mise.
    Brown v. United States.
    Petitioner pro se.

      Solicitor General Marshall, Assistant Attorney General Vinson, Beatrice Rosenberg and Ronald L. Gainer for the United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 673,
    Mise.
    Thibodeau v. United States.

      Wilfred C. Varn for petitioner.

      Solicitor General Marshall, Assistant Attorney General Vinson, Beatrice Rosenberg and Anthony P. Nugent, Jr., for the United States.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 707,
    Mise.
    Gann v. Arizona et al.
    Petitioner pro se.

      Darrell F. Smith, Attorney General of Arizona, and James S. Tegart, Assistant Attorney General, for respondents.
   Sup. Ct. Ariz. Certiorari denied.


text:
    No. 725,
    Mise.
    Moore v. Georgia.

      Edward S. White for petitioner.

      Lewis R. Slaton and J. Walter LeCraw for respondent.
   Ct. App. Ga. Certiorari denied.


text:
    No. 932,
    Mise.
    Campbell v. Freeman, U. S. District Judge.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 731,
    Mise.
    Cachoian v. United States.
    Petitioner pro se.

      Solicitor General Marshall, Assistant Attorney General Vinson and Beatrice Rosenberg for the United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 735,
    Mise.
    Chromiak v. California Mens Colony Superintendent.
    Petitioner pro se.

      Thomas C. Lynch, Attorney General of California, William E. James, Assistant Attorney General, and Stanton Price, Deputy Attorney General, for respondent.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 789,
    Mise.
    Ragsdale v. Louisiana.
    Petitioner pro se.

      Jack P. F. Gremil-lion, Attorney General of Louisiana, William P. Schuler, Assistant Attorney General, and Albin P. Lassiter for respondent.
   Sup. Ct. La. Certiorari denied.


text:
    No. 815,
    Mise.
    Terry v. United States.
    Petitioner pro se.

      Solicitor General Marshall, Assistant Attorney General Vinson, Beatrice Rosenberg and Jerome M. Feit for the United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 843,
    Mise.
    Gregory v. United States.
    Petitioner pro se.

      Solicitor General Marshall, Assistant Attorney General Vinson and Beatrice Rosenberg for the United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 849,
    Mise.
    Hodgdon v. United States.
    Petitioner pro se.

      Solicitor General Marshall, Assistant Attorney General Vinson and Beatrice Rosenberg for the United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 908,
    Mise.
    Jennings v. United States.
    Petitioner pro se.

      Solicitor General Marshall for the United States.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 928,
    Mise.
    Cooper v. United States.

      Dale Quillen for petitioner.

      Solicitor General Marshall, Assistant Attorney General Vinson and Philip R. Monahan for the United States.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 936,
    Mise.
    Comulada v. Willingham, Warden.
    Petitioner pro se.

      Solicitor General Marshall, Assistant Attorney General Vinson and Beatrice Rosenberg for respondent.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 941,
    Mise.
    Glass v. Holman, Warden.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 943,
    Mise.
    Yager v. Kentucky.
   Ct. App. Ky. Certiorari denied.


text:
    No. 949,
    Mise.
    Lyons v. Municipal Court, Northern Judicial District, County of San Mateo, et al.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 950,
    Mise.
    Thomas v. California.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 951,
    Mise.
    Coleman v. Michigan.

      Lewis A. Engman for petitioner.
   Sup. Ct. Mich. Certiorari denied.


text:
    No. 958,
    Mise.
    Nailor v. California.
   Dist. Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 968,
    Mise.
    Walker v. Rundle, Correctional Superintendent.
   C. A. 3d Cir. Certiorari denied.


text:
    No. 970,
    Mise.
    Fields v. New York.
   Sup. Ct. N. Y., Queens County. Certiorari denied.


text:
    No. 971,
    Mise.
    Cano v. California.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 974,
    Mise.
    Tarallo v. New York.
   App. Div., Sup. Ct. N. Y., 1st Jud. Dept. Certiorari denied.


text:
    No. 976,
    Mise.
    Switzer v. Halbert, U. S. District Judge.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 981,
    Mise.
    Howard v. Rhay, Penitentiary Superintendent, et al.
   Sup. Ct. Wash. Certiorari denied.


text:
    No. 982,
    Mise.
    Grear v. Ohio.
   Sup. Ct. Ohio. Certiorari denied.


text:
    No. 985,
    Mise.
    Horsley v. Simpson, Warden.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 986,
    Mise.
    Stevens v. Warden, Maryland Penitentiary.
   C. A. 4th Cir. Certiorari denied.


text:
    No. 997,
    Mise.
    Steppe v. Florida.
   Sup. Ct. Fla. Certiorari denied.


text:
    No. 923,
    Mise.
    Ballou v. Massachusetts.

      F. Lee Bailey for petitioner.

      Edward W. Brooke, Attorney General of Massachusetts, and Willie J. Davis, Assistant Attorney General, for respondent.
   Sup. Jud. Ct. Mass. Certiorari denied.

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


text:
    No. 930,
    Mise.
    Peace et al. v. New York.

      Leon B. Polsky for petitioners.

      Aaron E. Koota for respondent.
   Ct. App. N. Y. Certiorari denied.

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


text:
    No. 975,
    Mise.
    DeMaro v. United States.
    Petitioner pro se.

      Solicitor General Marshall, Assistant Attorney General Vinson and Beatrice Rosenberg for the United States.
   C. A. 7th Cir. Certiorari denied.

The Chief Justice, Mr. Justice Brennan and Mr. Justice Fortas are of the opinion that certiorari should be granted.


text:
    No. 640,
    October Term, 1963.
    Cohen v. New York,
   375 U. S. 985. Motion for leave to file petition for rehearing denied.

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


text:
    No. 28.
    No. 51.
    No. 86.
    No. 297.
    No. 614.
    No. 626.
    No. 665.
    No. 546,
    Mise.
    No. 809,
    Mise.
    Transportation-Communication Employees Union v. Union Pacific Railroad Co., First National Bank of Logan v. Walker Bank & Trust Co., United States v. Acme Process Equipment Co., Deesen v. Professional Golfers’ Association of America et al., Cohen v. New York, Walker Distributing Co. et al. v. Lucky Lager Brewing Co., Klein v. Klein, Rivera v. United States, D’Ercole v. United States,
   ante, p. 157;

ante, p. 252;

ante, p. 138;

ante, p. 846;

ante, p. 976;

ante, p. 976;

ante, p. 973;

ante, p. 938; and

ante, p. 995. Petitions for rehearing denied.


text:
    No. 502.
    Sitton et ux. v. American Title Co. of Dallas et al.,
   ante, p. 975. Petition for rehearing and for other relief denied.


text:
    No. 634.
    Ministers Life & Casualty Union v. Haase, Commissioner of Insurance, et al.,
   ante, p. 205. Petition for rehearing denied.

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


text:
    January 20, 1967.
    No. 551.
    United States v. Kilgore et al.

      Solicitor General Marshall for the United States.

      George M. Bryant for appellee Kilgore.
   Appeal from D. C. S. D. Ca,l. (Probable jurisdiction noted, ante, p. 956.) Appeal dismissed pursuant to Rule 60 of the Rules of this Court.


text:
    January 23, 1967.
    No. 159.
    McCray v. Illinois.

      Sam Adam and R. Eugene Pincham on the motion.
   Sup. Ct. Ill. (Certiorari granted, 384 U. S. 949.) Motion of petitioner for leave to file a supplemental brief after argument granted.


text:
    No. 914.
    United States v. First City National Bank of Houston et al.

      Eugene J. Metzger for Comptroller of the Currency on the motion.
   Appeal from D. C. S. D. Tex. (Probable jurisdiction noted, ante, p. 1023.) Motion of appellees for additional time for oral argument granted and thirty additional minutes allotted to each side.

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


text:
    No. 1042,
    Mise.
    Cole v. Willingham, Warden.
   Motion for leave to file petition for writ of habeas corpus denied.


text:
    No. 216.
    National Labor Relations Board v. Allis-Chalmers Manufacturing Co. et al.

      Martin C. Seham on the motion.
   C. A. 7th Cir. (Ante, pp. 810, 943.) Motion of New York Times Display Advertising Salesmen Steering Committee for leave to file a brief, as amicus curiae, granted.


text:
    No. 305.
    Denver & Rio Grande Western Railroad Co. et al. v. United States et al.

      Solicitor General Marshall for the United States, and Thomas D. Barr and Owen Jameson for Railway Express Agency, Inc., et al., appellees, on the motion.
   Appeal from D. C. Colo. (Probable jurisdiction noted, ante, p. 897.) Motion to remove case from summary calendar granted and an additional fifteen minutes allotted to each side.


text:
    No. 972.
    United States v. Provident National Bank et al.

      Solicitor General Marshall and Assistant Attorney General Turner for the United States.

      Frederic L. Ballard, Charles I. Thompson, Jr., and Tyson W. Coughlin for Provident National Bank et al., and Philip L. Roache, Jr., Charles H. McEnemey, Jr., and Joseph J. O’Malley for Acting Comptroller of the Currency Camp, appellees.

      Frederic L. Ballard for appellees Provident National Bank et al., on the motion.
   Appeal from D. C. E. D. Pa. Probable jurisdiction noted and case set for oral argument immediately following No. 914. Motion of appellees to expedite consideration granted and the expedited schedule for filing of briefs, consented to by the Solicitor General, adopted. Case will be heard on the typewritten record with leave to the parties to print such portions of the record as they desire as appendices to their briefs.

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


text:
    No. 753.
    Cohen v. United States.

      Bernard A. Berkman, Larry S. Gordon and Joshua J. Kancelbaum for petitioner.

      Solicitor General Marshall, Assistant Attorney General Vinson, Beatrice Rosenberg and Kirby W. Patterson for the United States.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 816.
    Kelly v. Greer et al.

      William H. Arkin for petitioner.

      Elder W. Marshall and Richard F. Stevens for respondent Greer.
   C. A. 3d Cir. Cer-tiorari denied.


text:
    No. 826.
    Foster v. Oregon.

      Steve Anderson for petitioner.

      Gary D. Gort-maker and Albín W. Norblad for respondent.
   Sup. Ct. Ore. Certiorari denied.


text:
    No. 833.
    In re Grimes.

      Harlan Grimes, pro se, and Harvey L. Davis for petitioner.
   C. A. 10th Cir. Certiorari denied.


text:
    No. 837.
    Mayflower Congregational Church v. Berkaw et al.

      Loren T. Wood for petitioner.

      Alfred E. Lindbloom for respondents.
   Sup. Ct. Mich. Certiorari denied.


text:
    No. 879.
    Pennsylvania Railroad Co. et al. v. American National Bank & Trust Co.

      Cornelius P. Callahan for petitioners.

      Louis G. Davidson for respondent.
   Sup. Ct. Ill. Certiorari denied.


text:
    No. 841.
    Country Mutual Insurance Co. v. Andeen, Administrator, et al.

      Jack E. Horsley for petitioner.

      Edward L. Eagle, Jr., for respondents.
   Sup. Ct. Ill. Certiorari denied.


text:
    No. 846.
    Kansas City Transit, Inc. v. Kansas City, Missouri.

      Albert Thomson and Daniel L. Brenner for petitioner.

      Jack L. Simms for respondent.
   Sup. Ct. Mo. Certiorari denied.


text:
    No. 848.
    Swift & Co., Inc., et al. v. Wickham, Commissioner of Agriculture & Markets of New York.

      William J. Condon, William J. Colavito, William P. Woods, Arthur C. O’Meara and Earl O. Spiker for Swift & Co., Inc., and Edmund L. Jones for Armour & Co., petitioners.

      Louis J. Lefkowitz, Attorney General of New York, for respondent.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 856.
    Gordon v. City of Worcester et al.
    Petitioner pro se.

      Harry J. Melski for respondent City of Worcester.
   C. A. 1st Cir. Certiorari denied.


text:
    No. 861.
    Janovic v. Arizona.

      John W. Rood for petitioner.
   Sup. Ct. Ariz. Cer-tiorari denied.


text:
    No. 966.
    United Steelworkers of America, AFL-CIO, et al. v. United States et al.

      Bernard Kleiman, Elliot Bredhoff, Michael Gottesman, George Cohen, Nathan Lipscm and Alfred Lawson for petitioners.

      Solicitor General Marshall, Assistant Attorney General Sanders and Alan S. Rosenthal for the United States, and Guy Farmer and William C. Treanor for Union Carbide Corp., respondents.
   C. A. D. C. Cir. Certiorari denied.


author: Mr. Justice Douglas,

text:
    No. 824.
    Williams et al. v. Shaffer.

      Jack Greenberg, James M. Nabrit III, Charles Stephen Ralston and Howard Moore, Jr., for petitioners.

      Arthur K. Bolton, Attorney General of Georgia, and Harold N. Hill, Jr., and Alfred L. Evans, Jr., Assistant Attorneys General, for respondent.
   Sup. Ct. Ga. Certiorari denied.

Mr. Justice Douglas,

with whom The Chief Justice concurs,

dissenting.

This case involves an important question regarding the right of a poor tenant to remain in possession of his shelter and defend against eviction in a court of law. It is part of the larger problem regarding the inability of indigent and deprived persons to voice their complaints through the existing institutional framework, and vividly demonstrates the disparity between the access of the affluent to the judicial machinery and that of the poor in violation of the Equal Protection Clause.

The Georgia summary eviction statute provides that a landlord may oust a tenant in a very swift, expedient manner. The landlord files with a judge of the superior court or justice of the peace an affidavit that the tenant has held over or has failed to pay rent (Ga. Code Ann. § 61-301 (1966)); and the judge issues a dispossessory warrant ordering the sheriff to evict the tenant and his possessions. Ga. Code Ann. § 61-302 (1966). The tenant may arrest the proceedings and prevent his summary eviction by filing a counter-affidavit denying the landlord’s allegations (Ga. Code Ann. § 61-303 (1966)) and thereby obtain a jury trial on the facts in issue. Ga. Code Ann. § 61-304 (1966). But in order to remain in possession and obtain a trial (see Ga. Code Ann. § 61-304 (1966)) the tenant must “tender a bond with good security, payable to the landlord, for the payment of such sum, with costs, as may be recovered against him on the trial of the case.” Ga. Code Ann. § 61-303 (1966). If the tenant is not able to furnish the security bond, he is summarily evicted. The effect is that the indigent tenant is deprived of his shelter, and the life of his family is disrupted — all without a hearing — solely because of his poverty.

In this case, respondent, petitioners’ landlord, obtained a dispossessory warrant after filing an affidavit that petitioners had failed to pay the rent. Petitioners attempted to file counter-affidavits raising a number of defenses, together with affidavits that they were unable to post security due to their indigency. Apparently the affidavits were rejected. Petitioners then petitioned the Superior Court attempting to arrest the summary eviction. They sought vacation of the dispossessory warrants and injunctions against the landlord and the sheriff restraining them from executing the warrants. Each petitioner offered to pay into the court registry any rents due or to become due during the pendency of the action. Their petitions were denied and the action dismissed. Thereafter, petitioners were summarily evicted. On appeal, the Georgia Supreme Court held that the case was moot because petitioners had been evicted.

The State, acting on the landlord’s behalf, argues that certiorari should be denied on that ground. Whether or not a case is moot is a federal question which must be resolved by this Court. The finding of mootness by the State Supreme Court is not binding on us. See Ward v. Love County, 253 U. S. 17, 22; Love v. Griffith, 266 U. S. 32, 33-44; Liner v. Jafco, Inc., 375 U. S. 301. The mootness doctrine is a beneficial one, expressive of the need for adverse parties who will vigorously argue the conflicting contentions to the Court and a necessary one in light of the requirements of Article III. But if this case were held to be moot, no tenant would ever be able to bring the statute to this Court. His eviction would render the case moot and preclude a challenge to the very statute causing the eviction. The statute would be immune from the constitutional challenge. Perhaps I am wrong. But the point is so substantial as to require oral argument.

The effect of the security statute is to grant an affluent tenant a hearing and to deny an indigent tenant a hearing. The ability to obtain a hearing is thus made to turn upon the tenant’s wealth. On numerous occasions this Court has struck down financial limitations on the ability to obtain judicial review. See, e. g., Griffin v. Illinois, 351 U. S. 12; Burns v. Ohio, 360 U. S. 252; Smith v. Bennett, 365 U. S. 708. We have recognized that the promise of equal justice for all would be an empty phrase for the poor if the ability to obtain judicial relief were made to turn on the length of a person’s purse. It is true that these cases have dealt with criminal proceedings. But the Equal Protection Clause of the Fourteenth Amendment is not limited to criminal prosecutions. Its protections extend as well to civil matters. I can see no more justification for denying an indigent a hearing in an eviction proceeding solely because of his poverty than for denying an indigent the right to appeal (Burns v. Ohio, supra), the right to file a habeas corpus petition (Smith v. Ben nett, supra), or the right to obtain a transcript necessary for appeal (Griffin v. Illinois, supra).

It is no answer to say that the Georgia procedure is fairer than the procedures of some States, whereby a tenant can be evicted without any opportunity for a hearing. Though a State may not constitutionally be required to afford a hearing before its process is used to evict a tenant, having provided one it cannot discriminate between rich and poor. It cannot consistently with the Equal Protection Clause provide a hearing in such a way as to discriminate against some “on account of their poverty.” Griffin v. Illinois, supra, at 18.

The problem of housing for the poor is one of the most acute facing the Nation. The poor are relegated to ghettos and are beset by substandard housing at exorbitant rents. Because of their lack of bargaining power, the poor are made to accept onerous lease terms. Summary eviction proceedings are the order of the day. Default judgments in eviction proceedings are obtained with machine-gun rapidity, since the indigent cannot afford counsel to defend. Housing laws often have a built-in bias against the poor. Slumlords have a tight hold on the Nation. Lyford, The Airtight Cage (1966). And see Schorr, Slums and Social Insecurity (1964).

The plight of the poor is being somewhat ameliorated by federal and state programs (particularly the Neighborhood Legal Services under OEO) and by private organizations dedicated to the representation of indigents in civil matters. This Court of course does not sit to cure social ills that beset the country. But when we are faced with a statute that apparently violates the Equal Protection Clause by patently discriminating against the poor and thereby worsening their already sorry plight, we should address ourselves to it. I would grant certiorari.

Mr. Justice Brennan is also of the opinion that the petition for a writ of certiorari should be granted.

       The security required is substantial. Ga. Code Ann. § 61-305 (1966) provides:
      “If the issue specified in [§ 61-304] shall be determined against the tenant, judgment shall go against him for double the rent reserved or stipulated to be paid . . . and such judgment in any case shall also provide for the payment of future double rent until the tenant surrenders possession of the lands or tenements to the landlord after an appeal or otherwise . . .

      The insurance companies which posted dispossessory bonds informed petitioners that it would be necessary for each petitioner to put up a cash collateral for double the rent for about six months, as well as pay a bond premium.

       “They have not the economic power to make themselves heard, and their official political representatives have built their power on the ghetto and are committed to its perpetuation. In New York City a vast, informal machinery funnels society’s discipline and health problems into the West Ninety-third Streets, and just about every sector of the establishment participates in running the machinery or lubricating it: slumlords who rent to the dead as well as the living provided they get a good price for it and have immunity from fire, building, health, and rent regulations; the city employee who collaborates in the arrangement; the welfare and health departments that go along because they have no other alternative; judges who tap the slumlord on the wrist on the rare occasions when he is brought into court. Approval of the' system is given by business leaders who lead the fight against adequate welfare and housing, prosperous financial institutions that refuse to lend money for private investment in slum rehabilitation; foundations that avoid any significant commitment to abolition of the slum; labor unions that have abandoned the low-paid worker and practice racial discrimination; and white and black political organizations that have a vested interest in segregation and race politics. When the slum is used as a concentration camp for the criminal and disabled, the virulence of all the diseases endemic in slum life is intensified.” Lyford, supra, at xxi-xxii.


text:
    No. 847.
    Corbean v. Xenia City Board of Education.

      Victor F. Schmidt for petitioner.

      William B. Saxbe, Attorney General of Ohio, Philip Aultman and Robert H. Wead for respondent.
   C. A. 6th Cir. Motion for leave to supplement petition for certiorari granted. Certiorari denied.


text:
    No. 886.
    Chulick v. New York Central Railroad Co.

      Wayne D. Wisbaum and Edward H. Kavinoky for petitioner.

      Ogden R. Brown for respondent.
   App. Div., Sup. Ct. N. Y., 4th Jud. Dept. Certiorari denied.

Mr. Justice Black is of the opinion that cer-tiorari should be granted.


text:
    No. 342,
    Mise.
    Smith v. California.
    Petitioner pro se.

      Thomas C. Lynch, Attorney General of California, William E. James, Assistant Attorney General, and Thomas Kerrigan, Deputy Attorney General, for respondent.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 511,
    Mise.
    Collier v. United States.
    Petitioner pro se.

      Solicitor General Marshall, Assistant Attorney General Vinson, Beatrice Rosenberg and Marshall Tamor Golding for the United States.
   C. A. 2d Cir. Certiorari denied.


text:
    No. 720,
    Mise.
    Anderson v. Wainwright, Corrections Director.
    Petitioner pro se.

      Earl Faircloth, Attorney General of Florida, and George R. Georgieff, Assistant Attorney General, for respondent.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 749,
    Mise.
    Williams v. United States.
    Petitioner pro se.

      Solicitor General Marshall, Assistant Attorney General Vinson and Beatrice Rosenberg for the United States.
   C. A. 8th Cir. Certiorari denied.


text:
    No. 948,
    Mise.
    Stevenson v. New York.
   Ct. App. N. Y. Certiorari denied.


text:
    No. 954,
    Mise.
    Lawrence v. New York.
   App. Div., Sup. Ct. N. Y., 3d Jud. Dept. Certiorari denied.


text:
    No. 955,
    Mise.
    Gamble v. Haskins, Correctional Superintendent.
   C. A. 6th Cir. Certiorari denied.


text:
    No. 966,
    Mise.
    Cain v. Illinois.
   Sup. Ct. Ill. Cer-tiorari denied.


text:
    No. 967,
    Mise.
    Metcalf v. Pate, Warden.
   Cir. Ct., St. Clair County, Ill. Certiorari denied.


text:
    No. 972,
    Mise.
    Bush v. California.
   Dist. Ct. App. Cal., 2d App. Dist. Certiorari denied.


text:
    No. 983,
    Mise.
    Laing v. Field, Warden.
   C. A. 9th Cir. Certiorari denied.


text:
    No. 989,
    Mise.
    McNutt v. Texas et al.
   C. A. 5th Cir. Certiorari denied.


text:
    No. 992.
    Mise.
    LaManna v. California.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 995,
    Mise.
    Finley v. Oliver, Warden.
   Sup. Ct. Cal. Certiorari denied.


text:
    No. 1022,
    Mise.
    Edwards v. New York.
    Petitioner pro se.

      Malvina H. Guggenheim for respondent.
   App. Div., Sup. Ct. N. Y., 1st Jud. Dept. Certiorari denied.


text:
    No. 1029,
    Mise.
    Miller v. Alabama.
   Ct. App. Ala. Certiorari denied.


text:
    No. 1100,
    Mise.
    Kruchten v. Arizona.

      Laurence Davis for petitioner.
   Sup. Ct. Ariz. Certiorari denied.


text:
    No. 48.
    No. 581.
    No. 654.
    No. 679.
    No. 780.
    Heider, Administrator v. Michigan Sugar Co., French v. California, Rutherford v. United States, Brown v. Follin, Auditor of the U. S. District Court for the District of Columbia, et al., Panczko v. United States,
   ante, p. 362;

ante, p. 370;

ante, p. 987;

ante, p. 988; and

ante, p. 1009. Petitions for rehearing denied.


text:
    No. 273,
    Mise.
    No. 482,
    Mise.
    No. 776,
    Mise.
    No. 841,
    Mise.
    Mundt et ux. v. Zaluskey et ux., Booze v. Virginia, Black v. New York, Warriner v. Ferraro et al.,
   ante, p. 871;

ante, p. 991;

ante, p. 980; and

ante, p. 995. Petitions for rehearing denied.


text:
    No. 549.
    Kelberine et al. v. Societe Internationale Pour Des Participations Industrielles et Commerciales, S. A., et al.,
   ante, p. 989. Petition for rehearing denied.

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


text:
    No. 659.
    Wisconsin v. Milwaukee Braves, Inc., et al.,
   ante, p. 990. Petition for rehearing denied.

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


text:
    No. 685,
    Mise.
    Stiltner v. Rhay, Penitentiary Superintendent, et al.,
   ante, p. 941. Motion for leave to file petition for rehearing denied.


author: Mr. Justice Stewart

text:
    MILLER v. PATE, WARDEN.
    No. 250.
    Argued January 11-12, 1967.
    Decided February 13, 1967.

      Willard J. Lassers argued the cause for petitioner. With him on the briefs were Arthur G. Greenberg and Harry Goiter.

      Richard A. Michael, Assistant Attorney General of Illinois, argued the cause for respondent. With him on the brief was William G. Clark, Attorney General.

      Maurice Rosenfield argued, the cause for Radio Station WAIT (Chicago) et al., as amici curiae. With him on the briefs was William R. Ming, Jr.

   Mr. Justice Stewart

delivered the opinion of the Court.

On November 26, 1955, in Canton, Illinois, an eight-year-old girl died as the result of a brutal sexual attack. The petitioner was charged with her murder.

Prior to his trial in an Illinois court, his counsel filed a motion for an order permitting a scientific inspection of the physical evidence the prosecution intended to introduce. The motion was resisted by the prosecution and denied by the court. The jury trial ended in a verdict of guilty and a sentence of death, On appear the judgment was affirmed by the Supreme Court of Illinois. On the basis of leads, developed at a subsequent unsuccessful state clemency hearing, the petitioner applied to a federal district court for a writ of habeas corpus. After a hearing, the court granted the writ and ordered the petitioner’s release or prompt retrial. The Court of Appeals reversed, and we granted certiorari to consider whether the trial that led to the petitioner’s conviction was constitutionally valid. We have concluded that it was not.

There were no eyewitnesses to the brutal crime which the petitioner was charged with perpetrating. A vital component of the case against him was a pair of men’s underwear shorts covered with large, dark, reddish-brown stains — People’s Exhibit 3 in the trial record. These shorts had been found by a Canton policeman in a place known as the Van Burén Flats three days after the murder. The Van Burén Flats were about a mile from the scene of the crime. It was the prosecution’s theory that the petitioner had been wearing these shorts when he committed the murder, and that he had afterwards removed and discarded them at the Van Burén Flats.

During the presentation of the prosecution’s case, People’s Exhibit 3 was variously described by witnesses in such terms as the “bloody shorts” and “a pair of jockey shorts stained with blood.” Early in the trial the victim’s mother testified that her daughter “had type ‘A’ positive blood.” Evidence was later introduced to show that the petitioner’s blood “was of group ‘O.’ ”

Against this background the jury heard the testimony of a chemist for the State Bureau of Crime Identification. The prosecution established his qualifications as an expert, whose “duties include blood identification, grouping and typing both dry. and fresh stains,” and who had “made approximately one thousand blood typing analyses while at the State Bureau.” His crucial testimony was as follows:

“I examined and tested ‘People’s Exhibit 3’ to determine the nature of the staining material upon it, The result, of the first test was that this material upon the shorts is blood. I made a second examination which disclosed 'that the blood is of human origin. I made a further examination which disclosed that the blood is of group ‘A.’ ”

The petitioner, testifying in his own behalf, denied that he had ever owned or worn the shorts in evidence as People’s Exhibit 3. He himself referred to the shorts as having “dried blood on them.”

In argument to the jury the prosecutor made the most of People’s Exhibit 3:

“Those shorts were found in the Van Burén Flats, with blood. What type blood? Not ‘O’ blood as the defendant has, but ‘A’ — type ‘A.’ ”

And later in his argument he said to the jury:

“And, if you will recall, it has never been contradicted the blood type of Janice May was blood type ‘A’ positive. Blood type ‘A.’ Blood type ‘A’ on these shorts. It wasn’t ‘O’ type as the defendant has. It is ‘A’ type, what the little girl had.”

Such was the state of the evidence with respect to People’s Exhibit 3 as the case went to the jury. And such was the state of the record as the judgment of conviction was reviewed by ,the Supreme Court of Illinois. The “blood stained shorts” clearly played a vital part in the case for the prosecution. They were an' important linE in the chain of circumstantial evidence against the petitioner, and, in the context of the revolting crime with which he was charged, their gruesomely emotional impact upon the jury was incalculable.

So matters stood with respect to People’s Exhibit 3, until the present habeas corpus proceeding in the Federal District Court. In this proceeding the State was ordered to produce the stained shorts, and they were admitted in evidence. It was established that their appearance was the same as when they had been introduced at the trial as People’s Exhibit 3. The petitioner was permitted to have the shorts examined by a chemical micro-analyst. What the microanalyst found cast an extraordinary new light on People’s Exhibit 3. The reddish-brown stains on the shorts were not blood, but paint.

The witness said that he had tested threads from each of the 10 reddish-brown stained areas on the shorts, and that he had found that all of them were encrusted with mineral pigments “. . . which one commonly uses in the preparation of paints.” He found “no traces of human blood.” The State did not dispute this testimony, its counsel contenting himself with prevailing upon the witness to concede on cross-examination that he could not swear that there had never been any blood on the shorts.

It was further established that counsel for the prosecution had known at the time of the trial that the shorts were stained with paint. The prosecutor even admitted that the Canton police had prepared a memorandum attempting to explain “how this exhibit contains all the paint on it.”

In argument at the close of the habeas corpus hearing, counsel for the State contended that “[ejverybody” at the trial had known that the shorts were stained with paint. That contention is totally belied by the record. The microanalyst correctly described the appearance of the shorts when he said, “I assumed I was dealing . . . with a pair of shorts which was heavily stained with blood. ... [I] t would appear to a layman . . . that what I see before me is a garment heavily stained with blood.” The record of the petitioner’s trial reflects the prosecution’s consistent and repeated misrepresentation that People’s Exhibit 3 was, indeed, “a garment heavily stained with blood.’’. The prosecution’s whole theory with respect to the exhibit depended upon that misrepresentation. For the theory was that the victim’s assailant had discarded the shorts because they were stained with blood. A pair of paint-stained shorts, found in an abandoned building a mile away from the scene of the crime, was virtually valueless as evidence against the petitioner. The prosecution deliberately misrepresented the truth.

More than 30 years ago this Court held that the Fourteenth Amendment cannot tolerate a state criminal conviction obtained by the knowing use of false evidence. Mooney v. Holohan, 294 U. S. 103. There has been no deviation from that established principle. Napue v. Illinois, 360 U. S. 264; Pyle v. Kansas, 317 U. S. 213; cf. Alcorta v. Texas, 355 U. S. 28. There can be no retreat from that principle here.

The judgment of the Court of Appeals is reversed, and the case is remanded for further proceedings consistent with this opinion.

It is so ordered.

       “Comes now the defendant, Lloyd Eldon, Miller Junior, by William H. Malmgren, his attorney, and hereby moves the Court to enter an order permitting defendant to make, or cause to be made, upon such terms and conditions as to the court seems necessary to adequately insure the interests of-the parties, a scientifice [sic] examination of the physical evidence to be introduced by the People in this cause and, to that end, enter an order requiring the People, by their attorney, to produce and make available all of said evidence for such an examination.
      -.“For cause, movant says that such an examination is necessary to adequately prepare the.defense herein.”

       13 Ill. 2d 84, 148 N. E. 2d 455.

       An earlier federal habeas corpus application had been unsuccessful. Miller v. Pate, 300 F. 2d 414.

       226 F. Supp. 541.

       342 F. 2d 646.

       384 U. S. 998.

      'The petitioner has relied upon several different grounds for reversal of the judgment of the Court of Appeals. In deciding the case upon only one of those grounds, we intimate no view as to the merits of the others.

       In affirming the petitioner’s conviction, the Supreme Court of Illinois stated that “it was determined” that the shorts “were stained with human blood from group A,” and referred to the petitioner’s “bloody shorts.” 13 Ill. 2d, at 89 and 106, 148 N. E. 2d, at 458 and 467.

       People’s Exhibit 3 was forwarded here as part of the record, and we have accordingly had an opportunity to see it with our own eyes.

       At the state clemency, hearing, some additional evidence was adduced to show that the shorts had not belonged to the petitioner.

       There were two other discolored areas on the shorts, one black and the other “a kind of yellowish color.” A thread from the first of these areas contained material “similar to a particle of carbon.” “[N]o particulates showed up” on the thread taken from the other.

       The witness pointed Out, however, that ^“blood substances are detectable over prolonged periods. That is, there are records of researches in which substances extracted from Egyptian mummies have been identified as blood.”

       “Now, then, concerning the paint on the shorts, the petitioner yesterday, introduced scientific evidence to prove that there was paint on the shorts, a fact that they knew without scientific evidence. Everybody knew, in connection with the case, whoever looked at the shorts, and I think that the Court can look at them now and know there is. paint on them. This is not anything that was not disclosed to anybody. It is very obvious by merely looking at them . . . .”

       See n. 9, supra.

       The petitioner was not a painter but a taxi driver.


author: Per Curiam.

text:
    FLORIDA EAST COAST RAILWAY CO. v. UNITED STATES et al.
    No. 715.
    Decided February 13, 1967.

      A. Alvis Layne for appellant.

      Solicitor General Marshall, Assistant Attorney General Turner, Howard E. Shapiro, Robert W. Ginnane and Raymond M. Zimmet for the United States et al.; Richard A. Hollander for Seaboard Air Line Railroad Co.; and Thomas C. Britton and St. Julien P. Rosemond for Dade County et al., appellees.
   Per Curiam.

The motion of Dade County et al. to join Seaboard Air Line Railroad Company in its motion to affirm is. granted.

The motions to affirm are granted and thé judgment is affirmed.


text:
    D’AMICO v. PENNSYLVANIA et al.
    No. 858.
    Decided February 13, 1967.
   Per Curiam.

The motion to dispense with printing the jurisdictional statement is granted.

The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for a writ of certiorari, certiorari is denied.


text:
    WOODINGTON v. WISCONSIN.
    No. 801.
    Decided February 13, 1967.

      Jack R. De Witt for appellant.

      Bronson C. La Follette, Attorney General of Wisconsin, for appellee.
   Per Curiam.

The motion to dismiss is granted and the appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for a writ of certiorari, certiorari is denied.


text:
    WEISS et al. v. GARDNER, SECRETARY OF HEALTH, EDUCATION, AND WELFARE, et al.
    No. 904.
    Decided February 13, 1967.

      WilUam D. Zabel and Melvin L, Wulf for appellants.

      Solicitor General Marshall for appellees.
   Per Curiam.

The judgment of the court below is vacated and the case is remanded to the United States District Court for the Southern District of New York with instructions to dismiss the complaint as moot.


text:
    FENSTER v. LEARY, COMMISSIONER OF POLICE OF THE CITY OF NEW YORK, et al.
    No. 905.
    Decided February 13, 1967.

      Emanuel Redfield for appellant.

      J. Lee Rankin for Learys and Louis J. Lefkowitz, Attorney General of New York, Samuel A. Hirshowitz, First Assistant Attorney General, and Joel Lewittes, Assistant Attorney General, for Koota, appellees.
   Per Curiam.

The motions to affirm are granted and the judgment is affirmed.

Mr. Justice Douglas is of the opinion that probable jurisdiction should be noted.


author: Per Curiam,

text:
    RISCH v. RISCH.
    No. 963,
    Misc.
    Decided February 13, 1967.

      Ted Musick for appellant.
   Per Curiam,

The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for a writ, of certiorari certiorari is denied..


text:
    STONEHAM v. TEXAS.
    No. 18,
    Mise.
    Decided February 13, 1967.

      Charles E. Benson for appellant.
   Per Curiam.

The appeal is dismissed.

The Chief Justice, Mr. Justice Douglas, and Mr. Justice Fortas would reverse the judgment of the court below for the reasons stated in the opinion of The Chief Justice in Spencer v. Texas, 385 U. S. 554, 569.


text:
    BEER v. ATTORNEY GENERAL OF CALIFORNIA.
    No. 858,
    Mise.
    Decided February 13, 1967.
   Per Curiam.

An application for a stay addressed to Mr. Justice Douglas, and by him referred to the Court; is denied.

The judgment is affirmed.

Mr. Justice Douglas is of the opinion that probable jurisdiction should be noted.


text:
    MILANI v. ILLINOIS.
    No. 414,
    Mise.
    Decided February 13, 1967.
    Petitioner pro se.

      William G. Clark, Attorney General of Illinois, and Richard A. Michael, Assistant Attorney General, for respondent.
   Per Curiam.

The motion for leave to proceed in forma pauperis and the petition foi; a writ of certiorari are granted. The judgment of the Supreme Court of Illinois is reversed. Douglas v. California, 372 U. S. 353.


text:
    DALE v. CALIFORNIA.
    No. 1030,
    Mise.
    Decided February 13, 1967.

      Peter D. Bogart for appellant.
   Per Curiam.

The appeal is dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as. a petition for a writ of certiorari, certiorari is denied.


text:
    ALLISON v. UNITED STATES.
    No. 454,
    Mise.
    Decided February 13, 1967.
    Petitioner pro' se.

      Solicitor General Marshall for the United States.
   Per Curiam.

. The motion for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment is vacated and the case is remanded to the United States Court of Appeals for the Seventh Circuit with instructions to grant the petitioner an appeal with counsel.


author: Per. Curiam.

text:
    HOLMES v. SUPERIOR COURT OF CALIFORNIA, CITY AND COUNTY OF SAN FRANCISCO.
    No. 1063,
    Mise.
    Decided February 13, 1967.
   Per. Curiam.

The appeal is dismissed for. want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for a writ of certiorari, certiorari is denied.


author: Per Curiam. Mr. Justice Douglas

text:
    RUNDLE, CORRECTIONAL SUPERINTENDENT v. JOHNSON.
    No. 14.
    Decided February 13, 1967.

      Frank P. Lawley, Jr., for petitioner.

      Leonard J. D. Myers for respondent.
   Per Curiam.

The motion of respondent for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted. The judgment of the United States Court of Appeals for the Third Circuit is reversed, Spencer v. Texas, 385 U. S. 554, and the case is remanded to that court for consideration of the unresolved issues.

Mr. Justice Douglas

dissents from the reversal of the Court of Appeals in United States v. Rundle, 349 F. 2d 416, which affirmed United States v. Rundle, 243 F. Supp. 695, 700, where the District Court granted the petition for habeas corpus since the introduction of the accused’s “prior criminal record for obstructing a railroad was so fundamentally unfair as to deny him due process .of law.”


text:
    ZUCKERMAN et al. v. GREASON.
    No. 71.
    Decided February 13, 1967.

      Leonard Feldman for petitioners.

      Samuel Greason, respondent, pro se.

   Per Curiam.

The petition for a writ of certiorari is granted. The judgment is vacated and the case is remanded to the Appellate Division of the Supreme Court of New York, Second Judicial Department, for reconsideration in light of Spevack v. Klein, 385 U. S. 511.

Mr. Justice Clark, Mr. Justice Harlan, and Mr. Justice Stewart would affirm the judgment below for the reasons set forth in Mr. Justice Harlan’s dissenting opinion in Spevack v. Klein, 385 U. S., at 520.

Mr. Justice White dissents for the reasons stated in his dissenting opinion in Garrity v. New Jersey, and Spevack v. Klein, 385 U. S., at 530.


text:
    BARLOW v. TEXAS.
    No. 109.
    Decided February 13, 1967.

      Alto B. Cervin for appellant.

      Waggoner Carr, Attorney General of Texas, Hawthorne Phillips, First Assistant Attorney General, T. B. Wright, Executive Assistant Attorney General, and Howard M. Fender and Charles B. Swanner, Assistant Attorneys General, for appellee.
   Per Curiam.

The motion to dismiss is granted and the appeal is dismissed.

The Chief Justice, Mr. Justice Douglas, and Mr. Justice Fortas would reverse the judgment of the court below for the reasons stated in the opinion of The Chief Justice in Spencer v. Texas, 385 U. S. 554, 569.


author: Per Curiam. Mr. Justice White

text:
    KAYE v. CO-ORDINATING COMMITTEE ON DISCIPLINE OF THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK.
    No. 300.
    Decided February 13, 1967.

      Morton Lif tin for petitioner.

      Angelo T. Cometa for respondent.
   Per Curiam.

The petition for a writ of certiorari is granted. The judgment is vacated and the case is remanded to the Appellate Division of the Supreme Court of New York, First Judicial Department, for reconsideration in light of Spevack v. Klein, 385 U. S. 511.

Mr. Justice Clark, Mr. Justice Harlan, and Mr. Justice Stewart would affirm the judgment below for the reasons stated in the dissenting opinions of Mr. Justice Harlan in Spevack v. Klein, 385 U. S., at 520, and Garrity v. New Jersey, 385 U. S. 493, 500.

Mr. Justice White

dissents for the. reasons stated in his dissenting opinion in Garrity v. New Jersey, and Spevack v. Klein, 385 U. S., at 530.