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SOERGEL ET AL. v. ALLEN, COMMISSIONER OF EDUCATION OF NEW YORK.

APPEAL FROM THE COURT OF APPEALS OF NEW YORK.

No. 117. Decided October 9, 1961.

Appeal dismissed and certiorari denied.

Reported below: 9 N. Y. 2d 633, 172 N. E. 2d 84.

Benjamin E. Shove for appellants.
Charles A. Brind, Jr. for appellee.

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 writ of certiorari, certiorari is denied.

SPENCER, ADMINISTRATRIX, ET AL. v.
HIBERNIA BANK ET AL.

APPEAL FROM THE DISTRICT COURT OF APPEAL OF
CALIFORNIA, FIRST APPELLATE DISTRICT.

No. 176. Decided October 9, 1961.

Appeal dismissed and certiorari denied.

Reported below: 186 Cal. App. 2d 702, 9 Cal. Rptr. 867.

M. Mitchell Bourquin and George Olshausen for appellants.

Moses Lasky and James Farraher 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 writ of certiorari, certiorari is denied.

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SECURITY-FIRST NATIONAL BANK OF LOS
ANGELES ET AL. v. FRANCHISE TAX
BOARD OF CALIFORNIA.

APPEAL FROM THE SUPREME COURT OF CALIFORNIA.

No. 122. Decided October 9, 1961.

Appeal dismissed and certiorari denied.

Reported below: 55 Cal. 2d 407, 359 P.2d 625.

Pierce Works, Warren M. Christopher, Hugo A. Steinmeyer, Richard E. Sherwood and Brenton L. Metzler for appellants.

Stanley Mosk, Attorney General of California, James E. Sabine, Assistant Attorney General, and Ernest P. Goodman, Deputy Attorney General, for appellee.

PER CURIAM.

The motion to dismiss is granted and the appeal is dismissed. Treating the papers whereon the appeal was as a petition for writ of certiorari, certiorari is

taken

denied.

ABLEMAN ET AL. v. CITY OF CEDAR RAPIDS.

APPEAL FROM THE SUPREME COURT OF IOWA.

No. 246. Decided October 9, 1961.

Appeal dismissed for want of a substantial federal question.
Reported below: 252 Iowa 948, 108 N. W. 2d 253.

Ernest F. Pence and Roy A. Golden for appellants.
C. W. Garberson and William M. Dallas for appellee.

PER CURIAM.

The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question.

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STANDARD DRUG CO., INC., v. GENERAL
ELECTRIC CO.

APPEAL FROM THE SUPREME COURT OF APPEALS OF
VIRGINIA.

No. 127. Decided October 9, 1961.

Appeal dismissed for want of a substantial federal question.
Reported below: 202 Va. 367, 117 S. E. 2d 289.

LeRoy R. Cohen, Jr. and Robert A. Cox, Jr. for appellant.

Walter E. Rogers for appellee.

PER CURIAM.

The motion to dismiss is granted and the appeal is dismissed for want of a substantial federal question.

CRUZ v. COLORADO.

ON PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT OF COLORADO.

No. 66, Misc. Decided October 9, 1961.

Certiorari granted; judgment reversed; and case remanded.

Petitioner pro se.

Duke W. Dunbar, Attorney General of Colorado, Frank E. Hickey, Deputy Attorney General, and J. F. Brauer, Assistant Attorney General, for respondent.

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 and the confession of error of the Attorney General of Colorado, the judgment is reversed and the case is remanded.

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MILK TRANSPORT, INC., v. UNITED
STATES ET AL.

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA.

No. 95. Decided October 9, 1961.

190 F. Supp. 350, affirmed.

Perry R. Moore for appellant.

Solicitor General Cox, Assistant Attorney General Loevinger, Richard A. Solomon, Robert W. Ginnane and Fritz R. Kahn for the United States et al.

Frank B. Hand, Jr. for Alterman Transport Lines, Inc., et al., intervenors, on motions to affirm the judgment.

PER CURIAM.

The motion of W. W. Hughes for leave to file brief, as amicus curiae, is denied. The motions to affirm are

granted and the judgment is affirmed.

LYNN v. MCELROY, CIRCUIT COURT
JUDGE, ET AL.

APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR

THE FIFTH CIRCUIT.

No. 104, Misc. Decided October 9, 1961.

Appeal dismissed.

Reported below: 284 F. 2d 299.

PER CURIAM.

The appeal is dismissed.

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DILLNER TRANSFER CO. ET AL. v. UNITED
STATES ET AL.

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA.

No. 188. Decided October 9, 1961.

193 F. Supp. 823, affirmed.

Ernie Adamson for appellants.

Solicitor General Cox, Assistant Attorney General Loevinger, Richard A. Solomon, Robert W. Ginnane and Fritz R. Kahn for the United States et al.

Carl Helmetag, Jr. for the Pennsylvania Railroad Co., and Herbert Baker, John C. Bradley and Roland Rice for Continental Transportation Lines, Inc., et al., intervenors.

PER CURIAM.

The motions to affirm are granted and the judgment is affirmed.

GENCO v. GENCO.

APPEAL FROM THE SUPREME COURT OF OHIO.

No. 277, Misc. Decided October 9, 1961.

Appeal dismissed and certiorari denied.

Reported below: 171 Ohio St. 450, 172 N. E. 2d 9.

PER CURIAM.

The appeal is dismissed. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari is denied.

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