No. 698, Misc. FERMIN V. MUNICIPAL COURT DEPARTMENT No. 3, OAKLAND, CALIFORNIA, 375 U. S. 925; and
No. 920, Misc. BRILL v. MULLER BROTHERS, INC., ante, p. 927. Motions for leave to file petitions for rehearing denied.
"ACT OF STATE” DOCTRINE. See International Law; Juris-
diction, 2.
ADMINISTRATIVE PROCEDURE. See Federal Regulations;
Labor, 1; Natural Gas Act; Security Clearance.
ADMIRALTY.
Stevedore-Defective equipment-Warranty of workmanlike serv-
ice-Indemnification.-Shipowner may recover indemnity from
stevedore for breach of implied warranty of workmanlike service
where stevedore, without negligence, supplied defective equipment
which injures its own employee who has recovered judgment against.
shipowner for unseaworthiness. Italia Soc. v. Oregon Stevedoring
Co., p. 315.
ADULTERATION. See Food and Drugs.
Aircraft piracy-Air commerce-Private aircraft.-Aircraft piracy,
as defined in 49 U. S. C. (Supp. IV) § 1472 (i), includes private air-
planes within "aircraft in flight in air commerce." United States v.
Healy, p. 75.
ALIENS. See also Denaturalization; Immigration and Nationality
Act.
Deportation-Continuous residence-Seamen.-An alien seaman,
who left the United States on a foreign ship after a deportation
warrant was issued and then returned to this country, has not had
continuous residence here since his original entry, within the meaning
of $249 of the Immigration and Nationality Act. Mrvica v.
Esperdy, p. 560.
1. Clayton Act-Divestiture-Notice of antitrust charge.-Since
appellees were on notice of antitrust charge almost from the inception
of the merger plans, the District Court is directed to order divestiture
without delay. United States v. El Paso Natural Gas Co., p. 651.
2. Clayton Act-Potential supplier-May lessen competition.-
The effect of acquisition by a natural gas company, then the sole
out-of-state supplier to California, of another major gas company
ANTITRUST ACTS-Continued.
which had made efforts to enter that market, may be substantially
to lessen competition. United States v. El Paso Natural Gas Co.,
p. 651.
3. Sherman Act-Bank mergers-Adversely affects competition.-
Notwithstanding Comptroller of the Currency approval under the
Bank Merger Act of 1960, the consolidation of the first and fourth
largest of six commercial banks in Fayette County, Kentucky,
adversely affects competition and violates § 1 of the Sherman Act.
United States v. First National Bank, p. 665.
4. Sherman Act-Competition between parties - Unreasonable
restraint of trade.-Elimination of significant competition between
merger partners of itself constitutes an unreasonable restraint of
trade in violation of § 1 of the Sherman Act. United States v. First
National Bank, p. 665.
5. Sherman Act-Consent judgments-Consent of Government.—
District Court may not enter consent judgment in antitrust case
where the Government does not agree thereto. United States v.
Ward Baking Co., p. 327.
APPORTIONMENT. See Constitutional Law, II; III, 1; VII;
Jurisdiction, 1.
ARBITRATION. See also Federal-State Relations; Labor, 2-3.
Suit to compel arbitration-No-strike clause-Duty to arbitrate.-
There is no inflexible rule that employer's duty to arbitrate under
collective bargaining agreement depends upon union's observance of
no-strike clause; nor is employer released from duty to arbitrate by
passage of time resulting from its refusal to do so. Packinghouse
Workers v. Needham, p. 247.
ASSEMBLY. See Constitutional Law, VI.
ASSOCIATIONAL FREEDOM. See Constitutional Law, VI.
ATTORNEYS. See Foreign Agents Registration Act; Judicial
Review.
BANK MERGER ACT. See Antitrust Acts, 3-4.
Tax claims-Interest After-acquired property.-Federal tax
claims, not discharged in bankruptcy, bear interest to date of pay-
ment from after-acquired property. Bruning v. United States,
p. 358.
BREACH OF PEACE. See Constitutional Law, VI.
CALIFORNIA. See Antitrust Acts, 1-2.
CITIZENSHIP. See Denaturalization; Immigration and Nation-
CLAYTON ACT. See Antitrust Acts, 1-2.
COMMERCE. See Food and Drugs; Transportation.
COMMISSIONERS. See Eminent Domain.
U. S. Savings Bonds-Fraud-Beneficiary-Savings bonds pur-
chased by husband with community funds and registered in his name
with his brother as beneficiary become brother's property at death
of husband, unless purchase was fraud on wife's property rights, in
which case brother is entitled to only half the bonds. Yiatchos v.
Yiatchos, p. 306.
COMPETITION. See Antitrust Acts.
COMPTROLLER OF THE CURRENCY. See Antitrust Acts, 3-4.
CONFLICT OF LAWS.. See International Law; Jurisdiction, 2.
CONGRESSIONAL DISTRICTS. See Constitutional Law, II; III,
1; VII; Jurisdiction, 1.
Consent of Government—Antitrust suit-Sherman Act.-District
Court may not enter consent judgment in antitrust case where the
Government does not agree thereto. United States v. Ward Baking
Co., p. 327.
CONSTITUTIONAL LAW. See also Contempt; Damages; Four-
teenth Amendment; Freedom of the Press; Trial.
Denial of continuance-Discretion of trial judge.-Granting of
continuance is within the discretion of the trial judge and not every
denial thereof violates due process. Ungar v. Sarafite,
Deprivation of right to vote because of race-Act changing bound-
aries of congressional districts.-Evidence not persuasive that racial
considerations motivated State Legislature in suit brought by voters
in congressional districts recently reapportioned claiming that appor-
tionment statute violated Fifteenth Amendment and Due Process
and Equal Protection Clauses of the Fourteenth Amendment by
segregating white and nonwhite citizens in separate districts. Wright
v. Rockefeller, p. 52.
III. Equal Protection of the Laws.
1. Racial discrimination-Congressional districts.-Evidence not
persuasive that racial considerations motivated legislature in a suit
CONSTITUTIONAL LAW-Continued.
by voters of four congressional districts claiming that state law
apportioning districts violated the Fifteenth Amendment and the
Due Process and Equal Protection Clauses of the Fourteenth Amend-
ment by segregating white and nonwhite citizens in separate districts.
Wright v. Rockefeller, p. 52.
2. Racial discrimination - Selection of grand jury. Systematic
exclusion of Negroes from grand juries is denial of equal protection
of the laws. Arnold v. North Carolina, p. 773.
IV. Federal-State Relations.
Military base-Exclusive jurisdiction-State taxation.-Federal
Government acquired exclusive jurisdiction over lands donated by
State now used as military base, and State has no jurisdiction to
levy tax on property of lessees thereon. Humble Pipe Line Co. v.
Waggonner, p. 369.
Paid advertisement-Public officers.-A State cannot under the
First and Fourteenth Amendments award damages to public officer
for defamatory falsehood in paid advertisement relating to his official
conduct unless he proves "actual malice." New York Times Co. v.
Sullivan, p. 254.
VI. Freedom of Speech, Assembly and to Petition for Redress of
Grievances.
Expression of unpopular views-Breach of peace.-Peaceful ex-
pression of unpopular views at a place not lawfully proscribed by
state law is protected from state criminal action by the Fourteenth
Amendment. Henry v. City of Rock Hill, p. 776.
Scope Justiciable questions—Apportionment of congressional dis-
tricts. In suit by voters under 42 U. S. C. §§ 1983 and 1988 and
28 U. S. C. § 1343 (3) to redress denial of constitutional rights, com-
plaint alleging debasement of right to vote due to malapportionment
of congressional districts in violation of Article I, §2, presents
justiciable cause of action. Wesberry v. Sanders, p. 1.
VIII. Search and Seizure.
1. Hotel room-Incident to arrest.-Search of hotel room without
a warrant can be justified as incident to arrest only if substantially
contemporaneous and confined to vicinity of arrest. Stoner v.
California, p. 483.
2. Search warrant-Hearsay-Inaccuracies.-Hearsay, if it pro-
vides sufficient evidence of probable cause, justifies the issuance of
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