James W. Kynes, Attorney General of Florida, and Reeves Bowen, Assistant Attorney General, for appellee. 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. PERSINGER v. WASHINGTON. APPEAL FROM THE SUPREME COURT OF WASHINGTON. No. 745, Misc. Decided February 17, 1964. Appeal dismissed and certiorari denied. Reported below: 62 Wash. 2d 362, 382 P. 2d 497. Appellant pro se. James E. Kennedy 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. Per Curiam. 376 U.S. ROGERS v. UNITED STATES. ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. No. 412, Misc. Decided February 17, 1964. Certiorari granted; judgment vacated; and case remanded. John D. Spellman for petitioner. Solicitor General Cox, Assistant Attorney General Miller and Beatrice Rosenberg for the United States. PER CURIAM. The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. Upon consideration of the entire record, the judgment is vacated and the case is remanded to the United States Court of Appeals for the Ninth Circuit to reconsider the conviction on count nine in light of the Government's confession of error and to determine whether the judgment of the District Court should be affirmed on the basis of the conviction under count seven. KOTEK v. BENNETT, WARDEN. APPEAL FROM THE SUPREME COURT OF IOWA. No. 908, Misc. Decided February 17, 1964. Appeal dismissed and certiorari denied. Reported below: 255 Iowa 984, 124 N. W. 2d 710. 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. CITY OF NEW ORLEANS ET AL. v. BARTHE ET AL. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA. No. 663. Decided February 17, 1964. Appeal dismissed; certiorari granted; and judgment affirmed. Alvin J. Liska for appellants. Jack Greenberg, James M. Nabrit III, Ernest N. Morial and A. P. Tureaud for appellees. PER CURIAM. The motion to dismiss is granted and the appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for a writ of certiorari, before judgment, pursuant to 28 U. S. C. § 1254 (1), to the United States Court of Appeals for the Fifth Circuit, the petition is granted. The judgment of the United States District Court for the Eastern District of Louisiana is affirmed. Turner v. City of Memphis, 369 U. S. 350; Watson v. City of Memphis, 373 U. S. 526. MR. JUSTICE BLACK, MR. JUSTICE HARLAN and MR. JUSTICE WHITE are of the opinion that this case is not appealable to this Court under 28 U. S. C. § 1253 but is appealable to the Court of Appeals under 28 U. S. C. § 1291, and that this Court should dismiss the appeal for the Court of Appeals to consider and decide the appeal of this case now properly pending before it. See Bailey v. Patterson, 369 U. S. 31. *See Griffin v. Prince Edward County Bd., 375 U. S. 391, and cases cited. NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE ET AL. v. WEBB'S CITY, INC. CERTIORARI TO THE DISTRICT COURT OF APPEAL OF FLORIDA, SECOND DISTRICT. No. 362. Decided February 17, 1964. Motion to advance denied; judgment vacated; and cause remanded. Reported below: 152 So. 2d 179. Robert L. Carter, Fred G. Minnis and Richard Feder for petitioners. D. M. Patrick for respondent. PER CURIAM. Petitioners' motion to advance is denied. On respondent's suggestion of mootness, the judgment of the District Court of Appeals of Florida, Second District, is vacated and the cause remanded to that court for appropriate proceedings to effectuate respondent's representation that the injunction below will be set aside, without prejudice to the right of petitioner to move to vacate today's order in the event the injunction is not promptly vacated by the trial court. 376 U.S. Per Curiam. COX v. KANSAS. ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF KANSAS. No. 453, Misc. Decided February 17, 1964. Certiorari granted; judgment vacated; and case remanded. Reported below: 191 Kan. 326, 456, 380 P. 2d 316, 381 P. 2d 704. Petitioner pro se. William M. Ferguson, Attorney General of Kansas, for respondent. 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 Supreme Court of Kansas for further consideration in light of Douglas v. California, 372 U. S. 353, and Daegele v. Kansas, 375 U. S. 1. |