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DECISIONS PER CURIAM, ETC., FROM APRIL 12, 1937, THROUGH JUNE 1, 1937.*

No. 875. ESPENLAUB v. INDIANA. Appeal from the Supreme Court of Indiana. Jurisdictional statement distributed April 17, 1937. Decided April 26, 1937. Per Curiam: The motion of the appellee to dismiss the appeal is granted, and the appeal is dismissed for the want of a substantial federal question. Evanston v. Gunn, 99 U. S. 660, 667, 668; Baltimore & Ohio R. Co. v. Mackey, 157 U. S. 72, 87; Equitable Life Assurance Society v. Brown, 187 U. S. 308, 311. Mr. Clyde H. Jones for appellant. Mr. Urban C. Stover for appellee. Reported below: 2 N. E. (2d) 979.

No., original. EX PARTE HIRAM STEELMAN. April 26, 1937. The motion for leave to file petition for writ of prohibition or mandamus is denied. Ex parte United States, 287 U. S. 241, 248, 249.

No. 625. Fox, STATE TAX COMMISSIONER OF WEST VIRGINIA, V. DRAVO CONTRACTING Co. April 26, 1937. Ernest K. James, successor in office to Fred L. Fox, as State Tax Commissioner, substituted as the party appellant on motion of Mr. Clarence W. Meadows for the appellant.

No. 906. CATHOLIC ORDER OF FORESTERS, INC., v. NORTH DAKOTA. Appeal from the Supreme Court of North Dakota. Jurisdictional statement distributed April 24, 1937. Decided May 3, 1937. Per Curiam: The appeal

For decisions on applications for certiorari, see post, pp. 673; 681; for rehearing, post, p. 712.

Decisions Per Curiam, Etc.

301 U.S.

herein is dismissed for the want of jurisdiction. Section 237 (a) Judicial Code, as amended by the Act of February 13, 1925 (43 Stat. 936, 937). Treating the papers whereon the appeal was allowed as a petition for a writ of certiorari, as required by § 237 (c), Judicial Code, as amended (43 Stat. 936, 938), certiorari is denied. Mr. Howard G. Fuller for appellant. Messrs. P. O. Sathre and Francis Murphy for appellee. Reported below: 67

N. D.; 271 N. W. 670.

No.. IN RE PAYSOFF TINKOFF. May 3, 1937. The motion for leave to file complaint is denied.

No.-, original. EX PARTE JOHN BROWN. May 3, 1937. The motion for leave to file petition for writ of habeas corpus is denied.

No. 342. PETERSON v. UNITED STATES. May 3, 1937. The motion for leave to file petition for rehearing is granted. The petition for rehearing is denied.

No. 502. UNITED STATES SAVINGS BANK ET AL. v. MORGENTHAU, SECRETARY OF THE TREASURY, ET AL. May 3, 1937. The motion for leave to file petition for rehearing is granted. The petition for rehearing is denied.

No. 11, original. ARKANSAS v. TENNESSEE. May 17, 1937. The motion for the appointment of a Special Master is granted, and Monte M. Lemann, Esquire, of New Orleans, Louisiana, is appointed Special Master.

301 U.S.

Decisions Per Curiam, Etc.

No. 807. UNITED GAS PUBLIC SERVICE Co. v. TEXAS ET AL. Appeal from the Court of Civil Appeals, Third Supreme Judicial District, of Texas. May 17, 1937. The motion of the appellee to dismiss the appeal is denied. Norfolk Turnpike Co. v. Virginia, 225 U. S. 264, 269; Second National Bank v. First National Bank, 242 U. S. 600, 602; Western Union v. Priester, 276 U. S. 252, 258. Messrs. John P. Bullington and F. G. Coates for appellant. Messrs. William McCraw, Alfred M. Scott, and Edward H. Lange for appellees. Reported below: 80 S. W. (2d) 1094.

No. 938. PAINTER V. OHIO. Appeal from the Supreme Court of Ohio. Jurisdictional statement distributed May 15, 1937. Decided May 24, 1937. Per Curiam: The motion of the appellee for leave to file a statement against jurisdiction is granted. The appeal herein is dismissed for the want of a substantial federal question. Hebert v. Louisiana, 272 U. S. 312, 315; Westfall v. United States, 274 U. S. 256. Messrs. Nugent Dodds, W. H. Boyd, and Ben B. Wickham for appellant. Mr. Frederick W. Green for appellee. Reported below: 132 Oh. St. 302; 7 N. E. (2d) 229.

No. 944. FEARON V. TREANOR. Appeal from the Supreme Court of New York. Jurisdictional statement distributed May 15, 1937. Decided May 24, 1937. Per Curiam: The appeal herein is dismissed for the want of a substantial federal question. Second Employers' Liability Cases, 223 U. S. 1, 50; New York Central R. Co. v. White, 243 U. S. 188, 198; Silver v. Silver, 280 U. S. 117, 122. Mr. Joseph S. Robinson for appellant. No appearance for appellee. Reported below: 272 N. Y. 268; 5 N. E. (2d) 815.

Decisions Per Curiam, Etc.

301 U.S.

No. 947. GRUBB V. LAWMAN, RECEIVER. Appeal from the Supreme Court of Tennessee. Jurisdictional statement distributed May 15, 1937. Decided May 24, 1937. Per Curiam: The motion of the appellee to dismiss the appeal is granted, and the appeal is dismissed for the reason that the judgment sought here to be reviewed is based upon a non-federal ground adequate to support it. De Saussure v. Gaillard, 127 U. S. 216, 232, 233; McCoy v. Shaw, 277 U. S. 302, 303; Kammerer v. Kroeger, 299 U. S. 302, 304. Messrs. J. B. Sizer and Charles C. Moore for appellant. Mr. T. Pope Shepherd for appellee. Reported below: 170 Tenn. 469.

No.

original. EX PARTE CHESTER G. BOLLENBACH. May 24, 1937. The motion for leave to file a petition. for writ of certiorari herein is denied.

No. 13, original. TEXAS v. FLORIDA ET AL. May 24, 1937. The answers of the defendants are received and ordered filed.

No. 499. HARTRIDGE-CANNON CO. ET AL. v. GILLESPIE May 24, 1937. The motion of the State of Florida. for leave to file a petition to intervene is granted. The petition to intervene is denied.

No. 922. WORCESTER COUNTY TRUST Co. v. RILEY. See post, p. 678.

No. 499. HARTRIDGE-CANNON CO. ET AL. v. GILLESPIE ET AL. May 24, 1937. The motion for leave to file petition for rehearing is granted. The petition for rehearing is denied.

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