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Decisions Per Curiam, Etc.

280 U.S.

the brief for Hawkeye Stages, Inc. Messrs. John Fletcher, Attorney General of Iowa, Maxwell A. O'Brien, Assistant Attorney General, J. H. Henderson, Commerce Counsel of Iowa, and Stephen Robinson, Assistant Commerce Counsel, were on the brief for the Board of Railroad Commissioners of Iowa et al. Reported below: 207 Iowa 461.

No., original. EX PARTE RHODE ISLAND ET AL. Motion submitted January 6, 1930. Decided January 8, 1930. The motion for leave to file a petition for writ of mandamus is denied. Mr. Sigmund W. Fischer, Jr., for petitioner in support of the motion. Solicitor General Hughes for respondent in opposition thereto.

No., original. Ex PARTE BRADFORD. Motion submitted January 6, 1930. Decided January 13, 1930. The motion for leave to file petition for writ of mandamus is denied. Mr. Otto Gresham for petitioner.

No. 21, original. Ex PARTE NORTHERN PACIFIC R. Co. ET AL. Motion submitted January 6, 1930. Decided January 13, 1930. On consideration of the motion for the issuance of a formal writ of mandamus herein and of the supplement to such motion. It is ordered that a formal and peremptory writ of mandamus issue in this cause, conformable to the rule to show cause which was made absolute by this Court's opinion of December 2, 1929, and that there be included in such formal writ a direction requiring the defendant, Bourquin, to vacate so much of his order of December 14, 1929, as assumes to appoint a Special Master to take testimony and assumes to fix a time for the final hearing of the cause before the statutory court of three judges. Mr. Dennis F. Lyons submitted the motion for petitioners. See ante, p. 142.

280 U.S.

Decisions Per Curiam, Etc.

No. 545. HUNTER V. BAASH-ROSS TOOL CO. ET AL. On petition for writ of certiorari to the Supreme Court of California. Motion submitted January 6, 1930. Decided January 13, 1930. Per Curiam: The motion for leave to proceed further herein in forma pauperis is denied, for the reason that the Court, upon examination of the unprinted record herein submitted, finds that there is no properly presented substantial federal question. The petition for writ of certiorari is therefore also denied. The costs already incurred herein shall be paid by the Clerk as provided in the order of October 29, 1926. Mr. Charles W. Hunter, pro se. No appearance for respondents.

No. 89. TEXAS & PACIFIC R. Co. v. GUIDRY, ADMINISTRATRIX. On writ of certiorari to the Court of Civil Appeals, Fifth Supreme Judicial District, State of Texas. Argued January 15, 1930. Decided January 20, 1930. Per Curiam: Judgment affirmed. Western & Atlantic R. R. v. Hughes, Administratrix, 278 U. S. 496, 498. Mr. J. H. T. Bibb, with whom Messrs. T. D. Gresham and R. S. Shapard were on the brief, for petitioner. Messrs. S. P. Jones, Franklin Jones, and P. G. Henderson were on the brief for respondent. Reported below: 9 S. W. (2d) 284.

No. 470. YAM HILL ELECTRIC Co. v. MCMINNVILLE ET AL. Appeal from the Supreme Court of Oregon. Jurisdictional statement submitted January 13, 1930. Decided January 20, 1930. Per Curiam: The appeal is dismissed for the want of a substantial federal question. Shulthis v. McDougal, 225 U. S. 561, 569; Hull v. Burr, 234 U. S. 712, 720; Norton v. Whiteside, 239 U. S. 144, 147. Treating the papers whereon the appeal was allowed as a petition for certiorari, as required by § 237 (c) of the Judicial Code, as amended by the Act of February

Decisions Per Curiam, Etc.

280 U.S.

13, 1925 (c. 229, 43 Stat. 936, 938), certiorari is denied. Mr. Walter L. Tooze, Jr., for appellant. Mr. John P. Kavanaugh for appellees. Reported below: 280 Pac. 504.

No. 475. SOUTHERN CALIFORNIA EDISON Co. v. RAILROAD COMMISSION OF CALIFORNIA ET AL. Appeal from the Supreme Court of California. Jurisdictional statement submitted January 13, 1930. Decided January 20, 1930. Per Curiam: The appeal is dismissed on the authority of § 237 (a) of the Judicial Code, as amended by the Act of February 13, 1925 (43 Stat. 936, 937), for lack of jurisdiction on the ground that the judgment sought to be reviewed is not a final one. Grays Harbor Logging Company v. Coats-Fordney Logging Company, 243 U. S. 251. Treating the papers whereon the appeal was allowed as a petition for certiorari, as required by § 237 (c) of the Judicial Code, as amended by the Act of February 13, 1925 (c. 229, 43 Stat. 936, 938), certiorari is denied. Messrs. W. C. Mullendore and Roy V. Reppy for appellant. Messrs. Erwin P. Werner, Arthur T. George, and Wm. B. Mathews for appellees.

No. 13, original. CONNECTICUT v. MASSACHUSETTS. Argued January 20, 1930. Decided January 20, 1930. On consideration of the motions of the complainant to strike out certain parts of the answer of the defendant and to dismiss answer of the defendant, and of the argument of counsel thereupon had,

It is now here ordered by this Court that the said motions be, and they are hereby, denied.

And it is further ordered by this Court that the complainant file its reply to the answer of the defendant within one week from this date. Messrs. Benedict M. Holden and Ernest L. Averill for complainant. Mr. Bentley W. Warren for defendant.

280 U.S.

Decisions Per Curiam, Etc.

No. 245. TEXAS EX REL. ISENSEE ET AL. v. SIMS ET AL. Appeal from the Supreme Court of Texas. Argued January 23, 24, 1930. Decided January 24, 1930. Dismissed for want of jurisdiction. Mr. M. G. Eckhardt, Jr., with whom Messrs. Barry Mohun, Edward R. Kleberg, John C. North, B. D. Tarlton, L. H. Lowe, and Linton S. Savage were on the brief, for appellants. Messrs. Sidney P. Chandler, Claude V. Birkhead, and M. D. Brown were on the brief for appellees. Reported below: 12 S. W. (2d)

540.

No., original. Ex PARTE HAGENSON. Motion submitted January 13, 1930. Decided January 27, 1930. The motion for leave to proceed in forma pauperis and for leave to file petition for a writ of prohibition is denied. Mr. Winter S. Martin for petitioner.

No. 426. AUBREY ET AL. v. MAHONING VALLEY SANITARY DISTRICT ET AL. Appeal from the Supreme Court of Ohio. Motion submitted January 20, 1930. Decided January 27, 1930. The motion to dismiss as to the parties appellants, Aubrey and Callan, is granted. and the motion of Pauline Gottlieb for leave to intervene and to be substituted as the party appellant is also granted. Mr. Harry J. Gerrity in support of the motion. 120 Ohio St. 449.

No. 17, original. NEW JERSEY V. NEW YORK ET AL. January 27, 1930. The motion for the appointment of a special master in this case is granted; and Charles N. Burch, Esquire, of Memphis, Tennessee, is appointed special master in this cause with power to issue subpoenas for witnesses and to take such evidence as may be introduced and such as he may deem necessary. The master is directed to make findings of fact and conclusions of law,

Decisions Per Curiam, Etc.

280 U.S.

and to submit the same to this Court with all convenient speed, together with his recommendations for a decree. The findings, conclusions, and recommendations of the special master shall be subject to consideration, rejection, revision, or approval by the Court. Messrs. Duane E. Minard and Wm. A. Stevens for complainant. Messrs. Hamilton Ward, Thos. Penney, Jr., Paul Shipman Andrews, Arthur J. W. Hilly, J. Joseph Lilly, Frank J. Coyle, Frank H. Dial, and David C. Broderick for respondents.

No. 165. NASHVILLE, CHATTANOOGA & ST. LOUIS R. Co. ET AL. v. MORGAN ET AL. Appeal from the Supreme Court of Tennessee. Argued January 22, 1930. Decided January 27, 1930. Per Curiam: The judgment herein is affirmed by an equally divided Court. Mr. Fitzgerald Hall, with whom Messrs. Frank Slemons and Walton Whitwell were on the brief, for appellants. Messrs. J. B. Sizer and Joe Frassrand were on the brief for appellees. 160 Tenn. 316.

No. 184. MURPHEY V. CORPORATION COMMISSION OF NORTH CAROLINA. Appeal from the Supreme Court of North Carolina. Argued January 24, 1930. Decided January 27, 1930. Per Curiam: Judgment affirmed. Coffin Brothers & Co. v. Bennett, 277 U. S. 29; Missouri Pacific R. Co. v. Nebraska, 164 U. S. 403, 414; Knights of Pythias v. Meyer, 265 U. S. 30, 32-33. Mr. J. A. Jones for appellant. Messrs. Dennis G. Brummitt, Attorney General of North Carolina, and I. M. Bailey for appellee. Reported below: 147 S. E. 667.

No. 167. HANOVER FIRE INS. Co. v. SPECKTOR ET AL. Appeal from the Supreme Court of Pennsylvania. Argued January 24, 1930. Decided January 27, 1930. Per

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