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.

BANKRUPTCY.

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-

ality Act.

CLAYTON ACT. See Antitrust Acts, 1-2.

COMMERCE. See Food and Drugs; Transportation.

COMMISSIONERS.

See Eminent Domain.

COMMUNITY PROPERTY.

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 JUDGMENTS.

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.

I. Due Process.

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, p. 575.

II. Elections.

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.

V. Freedom of the Press.

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.

VII. Judicial Power.

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

CONSTITUTIONAL LAW-Continued.

a search warrant, and minor factual inaccuracies do not destroy prob-
able cause for a search. Rugendorf v. United States, p. 528.

-

3. Unreasonable search-Incident to arrest - Automobiles-
Search of automobile after it was taken to garage by police, subse-
quent to arrest of petitioners, was unreasonable, being too remote in
time and place to be treated as incidental to arrest. Preston v.
United States, p. 364.

CONTEMPT. See also Constitutional Law, I.

-

-

1. Criminal contempt — Post-trial hearing — Disqualification of
judge.-Criticism of court's rulings and failure to obey court orders
do not necessarily constitute a personal attack on the trial judge so
productive of bias as to require his disqualification in post-trial
contempt proceedings. Ungar v. Sarafite, p. 575.

2. Criminal contempt—Right to jury trial-Disobedience of Court
of Appeals' order.-Alleged contemners have no statutory or consti-
tutional right to trial by jury for criminal contempt for disobeying
an order of the Court of Appeals. United States v. Barnett, p. 681.
CONTRACT CARRIERS. See Transportation, 1.

CONTRACTS. See International Law; Jurisdiction, 2.

CRIMINAL LAW. See Aircraft; Constitutional Law, I; III, 2;
VI; VIII; Contempt, 1-2; Evidence, 1; Food and Drugs;
Kidnaping; Procedure, 1-2, 6; Trial; Venue,

CUBA. See International Law; Jurisdiction, 2.

DAMAGES. See also Constitutional Law, V; Fourteenth Amend-
ment; Freedom of the Press.

General verdict-Punitive damages-General damages-Malice.-
State court judgment entered or a general verdict, not differentiating
between punitive damages, where actual malice must be proved, and
compensatory damages, where it is "presumed," requires reversal
since presumption is inconsistent with federal constitutional require-
ments. New York Times Co. v. Sullivan, p. 254.

theory of 8 U. S. C. § 1451 (a), which provides that a denaturaliza-
tion order is effective as of the original date of the naturalization,
does not apply to the general deportation provisions of the Immi-
gration and Nationality Act. Costello v. I. N. S., p. 120.

DEPORTATION. See Aliens; Denaturalization; Immigration and
Nationality Act.

DIPLOMATIC RELATIONS. See International Law; Jurisdic-
tion, 2..

DISCRIMINATION. See Constitutional Law, II; III, 1–2; VI.
DIVESTITURE. See Antitrust Acts, 1.

DUE PROCESS.

See Constitutional Law, I; Contempt.

EJUSDEM GENERIS. See Food and Drugs.

ELECTIONS. See Constitutional Law, II; III, 1; VII.
ELECTRIC POWER COMPANIES. See Federal Power Act.
EMINENT DOMAIN.

Just compensation-Procedure-Report of Commissioners.-Com-
mission appointed by District Court under Rule 71A (h) of Federal
Rules of Civil Procedure to determine just compensation in eminent
domain proceedings must set forth basis of ultimate findings of value
in its report. United States v. Merz, p. 192.

EMPLOYEES. See Federal Regulations; Labor, 1-2; Security
Clearance; Veterans.

EQUAL PROTECTION OF THE LAWS. See Constitutional Law,
III.

ESTATE TAXES. See Taxation.

EVIDENCE. See also Constitutional Law, VIII; Trial.

1. Nonconcurrent sentences-Sufficiency of evidence.-Court of Ap-
peals should consider sufficiency of the evidence to support imposition
of nonconcurrent sentences for violation of 26 U. S. C. § 5603 (b)(1)
and (5), since petitioners had moved for acquittal at close of
evidence. Michaels v. United States, p. 356.

2. Trial judge's findings-Evidence to support-Not own work
product. Findings of trial judge, although not his own work product,
will stand if supported by evidence, albeit not as helpful on review
as if he prepared them himself. United States v. El Paso Natural
Gas Co., p. 651.

EXPROPRIATION.

See International Law; Jurisdiction, 2.

FEDERAL POWER ACT.

Federal regulation-Interstate commerce-Sales at wholesale.-
Under 16 U. S. C. § 824 (b) Federal Power Commission, which has
jurisdiction over all wholesale sales of power in interstate commerce
not specifically exempted by Federal Power Act, has authority to
regulate sale of electric energy, partly from out-of-state, to munici-